ILLINOIS POLLUTION CONTROL BOARD
December
17,
1987
IN THE MATTER OF:
PARTICULATE
EMISSION LIMITATIONS,
)
R82—1
(Docket
B)
RULE 203(g)(l) AND 202(b) OF
CHAPTER 2
PROPOSED RULE.
FOURTH FIRST NOTICE.
PROPOSED OPINION AND ORDER OF THE BOARD
(by 3.
D. Dumelle):
On March
14,
1986, the Board adopted
an
Interim Order
in
R82—l separating that proceeding into two dockets:
Docket A:
Particulates and Docket B: Opacity.
At that time the Board
intended to proceed to second notice on the particulate rules
while
further considering
the opacity rules.
However, the Joint
Committee on Administrative Rules
(JCAR)
refused to allow the
Board
to proceed
in that manner.
Therefore,
on May
9,
1986,
the
Board adopted a Fourth Second Notice order including both the
opacity and the particulate rules.
Second notiáe was received by JCAR on May
16,
1986,
and was
considered by JCAR on June
23,
1986,
at which time
it objected to
each of the opacity rules but none of the particulate rules.
In
response the Board determined that it would withdraw the opacity
rules
but proceed
to adopt and file the particulate rules.
The
Board adopted
a Resolution
and Order
to that effect on July 2,
1986,
and indicated
that a new first notice order would be
adopted concerning the opacity rules in the near future under
Docket
B.
On August
14,
1986,
the Board adopted
a Third
First
Notice Order.
As more than one year has passed since the date
first notice commenced
Section 5.01(d)
of
the Illinois
Administrative Procedure Act
(APA) precludes
the rule from being
adopted,
or from being
filed with the Secretary of State.
Therefore,
the Board today sends the proposed rules to Fourth
First Notice so that final
rules may ultimately be adopted.
Pre—Third First Notice activities need not be repeated
here:
only activities occurring
since August
14,
1986 will be
addressed.
After publication of Third
First Notice, the
Administrative Code Division of the Secretary of State*s Office
filed comments.
Those suggested changes have been made at Fourth
First Notice.
On November
20,
1986,
the Agency filed
a Revised
Opacity Proposal, which was addressed at hearing on November 24,
1986.
Comments were filed
by (1)
the Illinois Environmental
Protection Agency (Agency),
(2) Commonwealth Edison, and
(3)
Illinois Power Company.
On November
4,
1987, the Joint Committee
84—713
—2—
on Administrative Rules filed
a letter pointing out that the one—
year period
since First Notice had expired and that further
action would require
a new First Notice.
On November 9,
1987,
the Board received a l2tter
from Mr. Michael Hayes, Manager of
the Division of ~ir Pollution Control, of the Agency, expressing
the Agency’s position that opacity regulations remain necessary
and requesting prompt promulgation of the opacity standards by
adoption of
a new First Notice.
This is that new First Notice.
In the
interest of expediency,
the Board
adopts for Fourth
First Notice the same proposal
as was adopted for Third First
Notice
——
but with
a few amendments.
First,
in its comments,
the
Agency suggested certain revisions to Section
212.124(d), the
defense provision, based
on issues that arose at hearing.
The
Agency stated
its position that the record does not support
extending the Adjusted Opacity Standards Procedures
to
“process
sources” and offered revised language.
Also,
the Board has proposed a Subpart E to 35
Ill.
Adm.
Code 106 entitled
“Air Adjusted Standards Procedures”.
Proposed
Subpart Eis similar
to
35 Ill. Adm. Code 106. Subpart
D, which
relates
to
RCRA
adjusted standards procedures.
The sections
which comprise Subpart B are generic procedural rules which
the
Board will reference whenever adjusted standards procedures are
provided for
in the Board’s air pollution regulations.
The Board
believes that
a separate Subpart for air adjusted standard
procedures
is appropriate to address the particular requirements
associated with the air regulations.
Accordingly,
those
provisions previously set forth
in Section 212.126 which address
generic procedures
are now located
in 35
Ill. Adm. Code 106.
Subpart
B.
The Board requests comment on this action.
Other changes include the following, all of which occur
in
Section 212.126.
In subsection
(d), the
20 day limitation was
changed
to 10 days.
In subsection
(e), the
10 day notice
requirement was changed
to 30 days.
In subsection
(f),
references
to 35
Ill.
Adm. code 230 have been revised
to
40 CFR
60, Appendix A (1986) and
the language necessary to properly
incorporate them by reference has been added.
In subsection
(h),
the language following
“...
after receiving the written report”
has been replaced with “of any deficiencies
in the results of the
performance tests.”
In subsection
(i)(2),
“process or activity”
has been replaced with “source
or control equipment”.
In
subsection
(i)(7), “supports the requested adjusted standard” was
replaced with “has sent notice of deficiencies
in the results of
the performance test pursuant
to subsection
(h)
above and
a copy
of said notice.”
In subsection
(j)(l), language was added
to
clarify that performance tests are to be conducted in accordance
with USEPA Test Method
9,
40 CFR 60, Appendix A (1986).
In
Subsection
(k),
the final sentence has been deleted.
84—714
—3—
Finally,
the Board notes that
it has included
in the
proposal amendment to Section 212.113,
the Incorporations by
Referende section, for purposes of correctly incorporating 40 CFR
60.
This is not
a substantive amendment.
Also,
in response to
comments,
the Board has amended the term “visual” emissions to
“visible”.
As the above—noted revisions alter
the impact of the
proposed regulations,
the Board will take no position at this
time on the remainder of the comments filed during previous First
Notice periods.
The Board believes
that the revisions may affect
the continued applicability of the previously—filed comments and
requests further comment on these issues.
For the sake of
efficiency,
the Board
notes that comments need not be
duplicated.
Previous comments,
if still applicable, may be
incorporated by reference.
ORDER
The Board hereby proposes the following amendments for
First
Notice:
TITLE 35:
ENVIRONMENTAL PROTECTION
SUBTITLE A:
GENERAL PROVISIONS
CHAPTER
I:
POLLUTION CONTROL BOARD
PART 106
HEARINGS PURSUANT TO SPECIFIC RULES
SUBPART
A:
HEATED EFFLUENT DEMONSTRATIONS
Section
106.101
Petition
106.102
Requirements for Petition
106.103
Parties
106.104
Recommendation
106.105
Notice and Hearing
106.106
Transcripts
106.107
Opinion and Order
SUBPART
B:
ARTIFICIAL COOLING LAKE DEMONSTRATIONS
Section
106.201
Petition
106.202
Notice and Hearing
106.203
Transcripts
106.204
Effective Date
SUBPART
C:
SULFUR DIOXIDE DEMONSTRATIONS
Section
84—715
—4—
Petition
Requirements
for Petition
Parties
Recommendation
Notice and Hearing
Transcripts
SUBPART D:
RCRA ADJUSTED STANDARD PROCEDURES
Section
106. 401
106.402
106.403
106.404
106. 405
106.406
106.407
106.408
106.410
106.411
106.412
106.413
106.414
106.415
106.416
Petition
(Repealed)
Notice of Petition
(Repealed)
Recommendation
(Repealed)
Response
(Repealed)
Public Comment
(Repealed)
Public Hearings
(Repealed)
Decision
(Repealed)
Appeal
(Repealed)
Scope
and Applicability
Joint
or Single Petition
Request
to Agency to Join
as Co—Petitioner
Contents of Petition
Response and Reply
Notice and Conduct
of Hearing
Opinions and Orders
SUBPART E:
AIR ADJUSTED STANDARD PROCEDURES
Section
106.501
106.502
106.503
106.504
106.505
106.506
106. 507
Scope and Applicability
Joint or
Single Petition
Request
to Agency To Join As Co—Petitioner
Contents of Petition
Response and Reply
Notice and Conduct of Hearing
Opinions and Orders
Appendix
AUTHORITY:
authorized
(Ill.
Rev.
1028.1 and
Old
Rule Numbers Referenced
Implementing Sections
5, 22.4,
27,
28 and 28.1 and
by Section 26
of the Environmental Protection Act
Stat. 1985,
ch.
1li1~/2, pars.
1005,
1022.4,
1027,
1028,
1026).
SOURCE:
Filed with Secretary of State January
1, 1978;
amended
at
4
Ill. Reg.
2, page 186, effective December
27,
1979; codified
at
6 Ill.
Reg.
8357;
amended
in R85—22 at
10 Ill. Reg.
992,
effective February 2, 1986; amended
in R86—46 at 11
Ill. Reg.
13457, effective August
4,
1987;
amended
in R82—l at ______Ill.
Reg.
______
,
effective
________________
SUBPART
E:
AIR ADJUSTED STANDARD PROCEDURES
106.301
106.302
106.303
106.304
106.305
106.306
84—716
—5—
Section 106.501
Sccpe and Applicability
This Subpart applies only whenever provision
for an adjusted
standard,
as provided
in Section 28.1 of the Environmental
Protection Act (Act),
is contained
in
a regulation
of general
applicability in
35
Ill. Adm. Code 200 through 245.
(Source:
Added
at
Ill. Reg.
________,
effective
___________)
Section 106.502
Joint or Single Petition
A person may initiate
an adiusted standard proceeding either
by
filing
a petition jointly with the Illinois Environmental
Protection Agency
(Agency),
or by filing
a petition singly.
(Source:
Added
at
Ill.
Reg.
________,
effective
___________
Section 106.503
Request
to Agency To Join As Co—Petitioner
a)
The Agency may,
in its discretion,
act as
a co—
petitioner
in any adjusted standard proceeding.
b)
Any person may request Agency assistance
in initiating
a
petition for adjusted standard.
The Agency may require
the person to submit to the Agency any background
information in the person’s possession relevant
to the
adjusted standard which is sought.
The Agency shall
promptly notify the person
in writing of
its
determination either
to join as
a co—petiti~ner,or
to
decline
to join
as
a co—petitioner.
If the Agency
declines
to join
as a co—petitioner, the Agency shall
state the basis
for this decision.
c)
Discretionary decisions made by the Agency pursuant to
this Section are not appealable to the Board.
(Source:
Added
at
Ill.
Reg.
________,
effective
__________)
Section 106.504
Contents of Petition
a)
The petitioner shall
file ten copies of the petition for
adjusted standard with the Clerk of the Pollution
Control Board
(Board),
and shall serve one copy upon the
Agency.
b)
The petition shall contain the following information:
84—717
—6—
I)
Identification of the regulation of general
applicability for which an adjusted standard
is
sought
2)
A written statement, signed by the petitioner and
the Agency,
if the Agency
is
a co—petitioner, or an
authorized
representative,
outlining the scope of
the evaluation,
the nature of,
the reasons for and
the basis
of the -adjusted standard, consistent with
the level
of justification contained
in the
regulation of general applicability
3)
The nature of the petitioner’s operations and
control equipment;
and
4)
Any additional
information which may be required
in
the regulation of general applicability.
(Source:
Added
at
Ill.
Reg.
________,
effective
___________
Section 106.505
Response and Reply
a)
Within 21 days after
the filing of
a petition,
the
Agency shall file a response
to any petition
in which
it
has not joined as
a co—petitioner.
This response shall
include the Agenc~t’scomments concerning
the Board’s
action on the petition.
b)
The petitioner may file
a reply within
14 days after
the
filing
of any Agency response.
(Source:
Added at
Ill. Reg.
________,
effective
Section 106.506
Notice and Conduct of Hearing
a)
The Board will hold
at least one public hearing prior
to
granting
an adjusted
standard.
ID)
The hearing officer will schedule the hearing.
The
Clerk will give notice of hearing
in accordance with 35
Ill. Adm. Code 102.124.
c)
The proceedings will be
in accordance with 35 Ill. Adm.
Code 102.160 through 102.164.
(Source:
Added at
Ill.
Reg.
________,
effective
)
Section 106.507
Opinions and Orders
84—718
—7—
a)
The Board will adopt
an order
and opinion stating
the
facts and reasons leading
to the final Board
determination, consistent with any considerations which
may be specified
in the regulation of general
applicability or Section
27(a)
of the Act.
b)
The Board will
issue such other orders as the Board
deems appropriate,
including,
but not limited
to,
accepting or rejecting
the petition, requiring
the
submission of further information
or directing that
further hearings be held.
C)
SUCH BOARD ORDERS AND OPINIONS WILL BE MAINTAINED FOR
—
PUBLIC INSPECTION BY THE CLERK OF THE BOARD AND A
LISTING OF ALL DETERMINATIONS MADE PURSUANT TO THIS
SUBPART WILL BE PUBLISHED
IN THE ILLINOIS REGISTER AND
THE ENVIRONMENTAL REGISTER AT THE END OF EACH FISCAL
YEAR.
d)
A FINAL BOARD DETERMINATION MADE UNDER THIS SUBPART MAY
—
BE APPEALED PURSUANT TO SECTION
41 OF THE ACT.
(Source:
Added
at
Ill. Reg.
effective
___________
The Board hereby proposes the following amendments
for First
Notice:
TITLE
35:
ENVIRONMENTAL PROTECTION
SUBTITLE B:
AIR POLLUTION
CHAPTER
I:
POLLUTION CONTROL BOARD
SUBCHAPTER
c:
EMISSION STANDARDS AND LIMITATIONS
FOR STATIONARY SOURCES
PART 212
V~SBAI3
VISIBLE AND PARTICULATE MATTER EMISSIONS
SUBPART A:
GENERAL
Section
212.100
Scope and Organization
212.110
Measurement Methods
212.111
Abbreviations and Units
212.112
Definitions
212.113
Incorporations by Reference
SUBPART B:
VISUAL EMISSIONS
Section
212.121
Opacity Standards
84—719
—8—
212.122
212.123
212.124
212.125
212.126
Limitations for Certain New Sources
Limitations
for All Other Sources
Exceptions
Determination of Violations
Adjusted Opacity Standards Procedures
Section
212.201
Limitations for Incinerators
Aqueous Waste Incinerators
Certain Wood Waste Incinerators
Explosive Waste Incinerators
SUBPART
E:
PARTICULATE MATTER EMISSIONS FROM
FUEL COMBUSTION EMISSION SOURCES
Existing Sources Using Solid Fuel Exclusively Located
in
the
Chicago
Area
212.202
Existing
Sources
Using
Solid
Fuel
Exclusively
Located
Outside the Chicago Area
212.203
Existing Controlled Sources Using Solid
Fuel
Exclusively
212.204
New Sources Using
Solid Fuel Exclusively
212.205
Existing Coal—fired Industrial Boilers Equipped with
Flue Gas Desulfurization Systems
Sources Using Liquid Fuel Exclusively
Sources
Using More Than One Type
of Fuel
Aggregation of Existing Sources
Section
212.301
212.302
212.304
212.305
212.306
212.307
212.
308
212.309
212.310
212.312
212.313
212.314
212.315
Fugitive Particulate Matter
Geographical Areas of Application
Storage
Piles
Conveyor Loading Operations
Traffic
Areas
Materials Collected by Pollution Control
Equipment
Spraying or Choke—Feeding Required
Operating Program
Minimum Operating Program
Amendment to Operating Program
Emission Standard for Particulate Collection Equipment
Exception for Excess Wind Speed
Covering for Vehicles
SUBPART
L:
PARTICULATE MATTER EMISSIONS
Section
212.181
212.182
212.183
212.184
SUBPART
D:
PARTICULATE MATTER EMISSIONS FROM INCINERATORS
212.206
212.207
212.208
SUBPART
K:
FUGITIVE PARTICULATE MATTER
84—720
—9—
FROM PROCESS EMISSION SOURCES
Section
212.321
New Process Sources
212.322
Existing Process
Sources
212.323
Stock
Piles
SUBPART N:
FOOD MANUFACTURING
Section
212.361
Corn Wet Milling Processes
SUBPART
0:
PETROLEUM REFINING, PETROCHEMICAL
AND CHEMICAL MANUFACTURING
Section
212.381
Catalyst Regenerators of Fluidized Catalytic Converters
SUBPART Q:
STONE,
CLAY, GLASS
AND CONCRETE MANUFACTURING
Section
212.421
New Portland Cement Processes
212.422
Portland Cement Manufacturing Processes
SUBPART
R:
PRIMARY AND FABRICATED METAL
PRODUCTS AND MACHINERY MANUFACTURE
Section
212.441
Steel Manufacturing Processes
212.442
Beehive Coke Ovens
212.443
By—Product Coke Plants
212.444
Sinter
Processes
212.445
Blast Furnace Cast Houses
212.446
Basic Oxygen Furnaces
212.447
Hot Metal Desulfurization Not Located
in the BOF
212.448
Electric Arc Furnaces
212.449
Argon—Oxygen Decarburization Vessels
212.450
Liquid Steel Charging
212.451
Hot Scarfing Machines
212.452
Measurement Methods
212.455
Highlines on Steel Mills
212.456
Certain Small Foundries
212.457
Certain Small Iron—melting Air Furnaces
SUBPART S:
AGRICULTURE
84—721
—10--
Section
212.461
Grain Handling and Drying
in General
212.462
Grain Handling Operations
212.463
Grain Drying Operations
SUBPART T:
CONSTRUCTION AND WOOD PRODUCTS
Section
212.681
Grinding, Woodworking, Sandblasting and Shotblasting
Appendix A
Rule into Section Table
Appendix B
Section into Rule Table
Appendix C
Past Compliance Dates
Illustration A
Allowable Emissions from Solid
Fuel Combustion
Emission
Sources
Outside
Chicago
Illustration
B
Limitations
for
all
New
Process
Emission Sources
Illustration
C
Limitations
for
all
Existing
Process
Emission
Sources
AUTHORITY:
Implementing Section 10 and authorized by Section 27
of the Environmental Protection Act
(Ill.
Rev.
Stat.
1985,
ch.
111 1/2, pars.
1010 and 1027)
SOURCE:
Adopted as Chapter
2:
Air Pollution, Rules
202 and
203:
Visual and Particulate Emission Standards and Limitations,
R7l—23,
4 PCB 191, filed
and effective April
14, 1972;
amended
in
R77—l5,
32 PCB 403, at
3 Ill.
Reg.
5,
p.
798, effective
February 3,
1979;
amended
in R78—lO,
35 PCB 347,
at
3
Ill.
Reg.
39,
p.
184, effective September
28,
1979;
amended
in R78—ll, 35
PCB 505, at
3
Ill. Reg.
45,
p.
100, effective October 26,
1979;
amended
in R78—9,
38 PCB 411, at
4 Ill.
Reg.
24,
p.
514,
effective June
4,
1980; amended
in R79—ll,
43 PCB 481,
at
5 Ill.
Reg. 11590, effective October l9,~1981; codified at
7 Ill.
Reg.
13591;
amended
in R82—1
(Docket A) at 10 Ill. Reg.
12637,
effective July 9,
1986; amended
in R85—33 at 10
Ill.
Reg. 18030,
effective October
7,
1986; amended
in R84—48
at 10 Ill. Reg.
691,
effective December
18, 1986; amended
in R84—42 at
11
Ill.
Reg.
1410, effective December 30,
1986
Section 212.113
Incorporations by Reference
The following materials are incorporated by reference:
a)
ASME Power Test Code 27—1957, Determining Dust
Concentration
in
a Gas Stream, American Society of
84—722
—11--
Mechanical Engineers, United Engineering Center,
345
E.
47th Street, New York, NY 10017.
b)
Ringelmann Chart, Information Circular 833
(Revision of
IC77l8), Bureau of Mines,
U.S. Department of Interior,
May 1,
1967.
c)
40 CFR 607 A~etx
A-~4~Fe~ Reg7 4~,-~S4+A
t*5~
~
(1986)
d)
ASAE Standard 248.2,
Section
9,
Basis
for Stating Drying
Capacity of Batch and Continuous—Flow Grain Dryers,
American Society of Agricultural Engineers,
2950 Niles
Road,
St.
Joseph,
MI
49085.
e)
U.S.
Sieve
Series, ASTM—Ell, American Society of Testing
Materials,
1916 Race Street,
Philadelphia,
PA 19103.
f)
This Part incorporates no future editions
or amendments.
(Source:
Amended at
____
Ill.
Reg.
________
effective
___________)
Section 212.121
Opacity Standards
For
the purposes of this Subpart, all visu~visible emission
opacity standards and limitations
shall be considered equivalent
to corresponding Ringelmann Chart readings,
as described under
the definition of opacity
(35 Ill. Adm. Code 211.122).
+Boe~ Ne~e~Th~
~
es
4~? epp~es
~e
se~~eesfegt~e~e~~y
Sa~pe~
B
hes
~ee~
f~e~
ye~
~y
the
~o4s
S~pfeme
GO~f~7
Qe~e~e~
~
~PGB e~e~ 68 fl~ Bee7 ~987 44~N~-B~-~
~
(Source:
Amended at
_____
Ill. Reg.
_________
effective
____________
Section 212.123
Limitations for All Other
Sources
a)
No person shall
cause or allow the emission of smoke or
other particulate matter, ~
e~yethef em~e~tseu~ee
~
the a~eep~e~e
e~with
an opacity greater than
30
percent,
into the atmosphere
from any emission source
other than those sources subject to Section 212.122.
b)
Exception:
The emission of smoke
or other particulate
matter from any such emission source may have an opacity
greater than
30 percent but not greater
than 60 percent
for
a period or periods aggregating
8 minutes
in any 60
minute period provided that such more opaque emissions
permitted during any 60 minute period shall occur
from
only one such emission source located within a
305 m
84—723
—12—
(1000 ft)
radius
from the center point of any other such
emission source owned or operated by such person,
and
provided further
that such more opaque emissions
permitted from each such emission source shall be
limited
to
3 times
in any 24 hour period.
(Source:
Amended at
____
Ill.
Reg.
________
effective
___________
Section 212.124 Exceptions
a)
Startup.
Sections 212.122 and 212.123 shall apply
during times of startup except as provided
in the
operating permit
in
35
Ill. Adm. Code 201.
b)
Emissions of water and water vapor.
Sections
212.122
and 212.123 shall not apply to emissions, of water or
water vapor from an emission source.
c)
Adjusted standards.
An emission source which has
obtained an adjusted opacity standard pursuant to
Section 212.126
shall be subject
to that standard rather
than the limitations of Section 212.122
or 212.123.
de)
Compliance with the particulate regulations of this Part
a defense.
1)
For all emission sources not subject to Section
—
212.124(d)(2) below:
Section 212.123 shall not apply if
it
is shown that
the emission source was,
at the
time of such
emission,
in compliance with the applicable mass
emissions limitations of this Part.
2)
For all emission sources subject
to Sections
212.201, 212.202, 212.203
or
212.204 and either
Section 212.122 or
212.123:
A)
An exceedance of the limitations of Section
2l2.L22 and 212.123
is prima fade evidence of
a violation of the applicable particulate
limitations of this Part.
It shall be a
defense to
a violation of the applicable
particulate limitations
if,
during
a
subsequent performance test conducted within
a
reasonable time not
to exceed 60 days, under
the same operating conditions for the source
and the control devise(s), and
in accordance
with Section 212.110,
the owner
or operator
shows that the source is
in compliance with
the mass emission limitations.
84—724
—13—
B)
It
shall
be
a defense
to an exceedance of the
opacity limit
if,
during
a subsequent
performance
test conducted within
a reasonable
time not
to exceed 60 days,
under
the same
operating conditions of the source and the
control device(s),
and
in accordance with
Section 212.110, the owner
or operator shows
that the source
is in compliance with the
allowable mass emissions limitation while,
simultaneously, having visible emissions equal
to or greater than the opacity exceedance as
originally observed.
(Source:
Amended
at
____
Ill.
Reg.
_________
effective
____________)
Section 212.126
Adjusted Opacity Standards Procedures
a)
Pursuant
to Section 28.1 of the Act, and
in accordance
with
35
Ill. Adm. Code 106 Subpart
E,
adjusted visible
emissions standards for emission sources subject to
Sections 212.201, 212.202,
212.203,
or 212.204 and
•either Section 212.122 or 212.123 shall be granted by
the Board
to the extent consistent with federal law
based upon
a demonstration by such
a source that the
results
of
a performance test conducted pursuant to this
Section and Section 212.110 show that the source meets
the applicable particulate mass emission limitations at
the same time that the visible emissions exceed the
otherwise applicable standards.
Such adjusted opacity
limitations:
1)
Shall be specified as a condition in operating
permits issued pursuant to
35 Ill.
Adm. Code 201
2)
Shall substitute
for that limitation otherwi~e
applicable
3)
Shall not allow
an opacity greater than 60 percent
at any time; and
4)
Shall
allow opacity for one six—minute averaging
period
in any 60 minute period to exceed the
adjusted opacity standard.
b)
For the purpose of establishing
an adjusted opacity
standard, any owner
or operator of an emission source
which meets
the requirements of subsection
(a), above,
may request
the Agency to determine the average opacity
of the emissions from the emission source during any
performance test(s)
conducted pursuant
to Section
84—725
—14—
212.110.
The Agency may refuse
to accept
the results of
emissions tests conducted pursuant
to this Section which
are conducted without prior
review and approval of the
test specifications and procedures by the Agency.
c)
Any request for the determination of the average opacity
of emissions shall be made in writing,
including all
test specifications and procedures, and submitted to the
Agency at least thirty days before the proposed test
date.
d)
The A~encywill advise the owner or operator of
an
emission source which has requested an opacity
determination of any deficiencies
in the proposed test
specifications and procedures as expeditiously as
practicable but no later than
10 days prior
to the
proposed test date
so as to minimize any disruption of
the proposed testing schedule.
e)
The owner or operator shall give written notice
to the
Agency of the time and place of the performance test at
least
30 days prior
to the date of that test and shall
allow Agency personnel
to be present during that test.
f)
The method
for determining an adjusted opacity standard
1ias
follows:
1)
A minimum of
60 consecutive minutes of opacity
readings obtained
in accordance with USEPA Test
Method
9,
40 CFR
60, Appendix A
(1986),
incorporated by reference
in Section 212.113,
shall
be taken during each sampling run.
Therefore,
for
each performance test
(which normally consists of
three sampling runs),
a total
of three sets of
opacity readings totaling three hours
or more shall
be obtained.
2)
After
the results
of the performance tests are
received from the emission source,
the status of
compliance_with_the applicable mass emission
limitation shall
be determined by the Agency.
In
accordance_with_USEPA Test Method 5,
40 CFR 60,
Appendix A
(1986), incorporated by reference in
Section 212.113, the average of the results of the
three sampling runs must be less than the allowable
mass emission rate
in order
for
the source to be
considered
in compliance.
If compliance
is
demonstrated, then only those
test runs with
results which are less than the allowable mass
emission rate shall
be considered as acceptable
test runs for the purpose of establishing an
adjusted opacity standard.
84—726
—15—
3)
The opacity readings for each acceptable sampling
—
run shall
be divided into sets of
24 consecutive
readings.
The avera~eopacity for each set shall
be determined
by dividing the sum of the
24
readings within each set by 24.
4)
The second highest six—minute average shall
be
selected
as
the adjusted opacity standard.
~j
The owner or operator
shall submit
a written report of
the results
of the performance test to the Agency at
least
30 days prior to filing
a petition for an adjusted
standard with the Board.
h)
If, upon review of such owner’s or operator’s written
—
report of the results of the performance test(s),
the
Agency determines that the emission source
is
in
compliance with all applicable emission limitations for
which
the performance tests were conducted, but fails
to
comply with the requirements of Section 212.122 or
212.123,
the Agency shall notify the owner or operator
as expeditiously as practicable, but no later than 20
days after receiving the written report of any
deficiencies
in the results of the performance tests.
i)
The owner
or operator may petition the Board for an
adjusted visible emission standard pursuant to 35 Ill.
Adm. Code 106 Subpart
E.
In addition
to the
requirements of
35 Ill. Adm. Code 106 Supart
E the
Petition shall
include the following information:
1)
A description of the business
or activity of the
Petitioner, including
its location and relevant
pollution control equipment
2)
The quantity and type of materials discharged from
the source or control equipment for which the
adjusted standard
is requested
3)
A copy of any correspondence between the petitioner
and the Agency regarding
the performance test(s)
Which form the basis of the adjusted standard
request
4)
A copy of the written report submitted to the
Agency pursuant
to subsection
(g) above
5)
A statement that the performance test(s) were
Conducted
in accordance with
the conditions and
Procedures accepted by the Agency pursuant to
Section 212.110
84—727
—16—
6)
A statement regarding the specific limitation
requested;
and
7)
A statement as to whether the Agency has sent
notice of deficiencies
in the results of
the
performance test pursuant to subsection
(h)
above
and
a copy of said notice.
j)
In order
to qualify for
an adjusted standard the owner
or operator must justify as follows:
1)
That the performance
test(s) were conducted
in
accordance with USEPA Test Method
9,
40 CFR 60,
Appendix
A (1986), incorporated by reference in
Section 212.113,
and the conditions and procedures
accepted by the Agency pursuant to Section 212.110
2)
That the emission source and associated air
pollution control equipment were operated and
maintained
in
a manner so
as
to minimize the
opacity of the emissions during the performance
test(s);
and
3)
That the proposed adjusted opacity standard was
determined in accordance with subsection
(f).
k)
Nothing
in this Section shall prevent any person from
Initiating or participating
in
a rulemaking,
variance,
or permit appeal proceeding before the Board.
(Source:
Amended 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 Opinion and Order
was adopted on the
/71Z’
day of ~
,
1987 by a
vote of
______________________
Dorothy
M.
Gunn,
Clerk
Illinois Pollution Control
Board
84—728
