ILLINOIS POLLUTION CONTROL BOARD

February

6, 1986

IN THE MATTER OF:

)

PARTICULATE EMISSION LIMITATIONS,

)

R82-1

RULE

203(g)(1) AND 202(b)

OF

)

CHAPTER

2

)

PROPOSED RULE.

THIRD SECOND NOTICE.

ORDER OF THE BOARD

(by Jacob

D. Dumelle):

This matter comes before

the Board upon

a January

3,

1986

motion

to reconsider filed on behalf of the Illinois

Environmental Protection Agency

(Agency) and

a supplement

to the

motion filed

on January 21,

l986.*

Electric Energy,

Inc.

(EEl)

and Illinois Power Company

(IPC)

filed

a joint response

to both

motions on January 27,

1986.

The Agency requests reconsideration

of the Board’s December

20,

1985 Second Notice Order.

In that

Order

the Board stated that

it would withhold the filing on

second notice

to allow for comment.

The motion

to reconsider

is

hereby granted.

In

its January

3 motion the Agency requests

the Board

to

reconsider

the proposed language of

35

Ill. Adm. Code 212.123(a)

regarding the opacity standard.

The Agency requests the Board

to

delete the following language:

“...provided, however,

that the

exceedance of this standard shall only be

a violation

for

purposes of the establishment of permit conditions concerning

monitoring

and reporting requirements.”

Alternatively,

the

Agency requests the Board

to return

to first notice

for

further

consideration.

The Agency argues that the amendatory language constitutes

a

substantive

change which

requires a return

to first notice,

that

the language

is unclear,

and that

it will probably be

unacceptable

to the United States Environmental Protection Agency

(USEPA)

as

a revision

to

the State Implementation Plan

(SIP).

The Agency elaborates on these

basic arguments in its January

21

motion.

In response EEl and IPC contend that each of these

arguments

is either wrong or misdirected,

except

for the

contention that the language

is not as clear

as

it could be.

*

On February

5,

1986

the Agency filed

a motion to establish

a

separate docket and to reopen the record and schedule

a hearing

on the opacity issue.

This proceeding has already been much

delayed

and the Board hereby denies that motion at this time.

The language of the opacity section has been again modified

in

this Order

and may well moot the Agency’s concerns.

If the

Agency wishes

to propose

a new regulatory action regarding

opacity at

a later date,

it may do

so.

---

—2—

First,

the Board

finds that there

is no need

to return to

first notice based on the proposed amendment of Section

212.123(a).

The opacity provision has been the subject

of

hearings and opposing evidence and arguments have been submitted

ranging from complete deletion of the provision

to the adoption

of the rule as originally proposed.

The rule now proposed lies

well within these extremes,

and while

the particular

language was

not the subject of hearings,

the issues have been addressed at

length.

As EEl and IPC properly point

out, acceptance of

the

Agency’s view could result

in an almost endless circular process.

Second,

the Agency points

out that pursuant

to 40 CFR

51.19(c)

the SIP must provide for “detecting violations through

the enforcement of appropriate visible emission limitations” and

that “the opinion of USEPA staff was that the language of Section

212.123(a)

is insufficient to satisfy the requirements of

40 CFR

51.19(c).”

(Jan.

21 motion,

pp.

1—2).

The Board can give but

little weight

to this

“fact” which

is based on hearsay and has

little foundation.

Yet,

the Board

is required

to act

consistently with the Clean Air Act and regulations adopted

thereunder,

and the import of that subsection merits some

discussion.

That subsection states

as follows:

Section 51.19

Source surveillance.

Each plan shall provide for monitoring

the

status of compliance with any rules

and

regulations which set forth any portion

of

the control strategy.

Specifically, each

plan shall,

as a minimum, provide for:

***

(c) Establishment of system for detecting

violations of any rules and regulations

through the enforcement

of appropriate

visible emission limitations and for

investigating complaints.

The purpose of that section

is

to insure

that the SIP establishes

a compliance monitoring system.

Subsection

(c)

requires that

purpose to be effectuated

in part “through the enforcement of

appropriate visible emission limitations.”

The Board believes

that the proposed rule does

so.

The intent of the rule

is

precisely to allow the Agency

to enforce

the opacity standard

to

the extent that

a violation of that standard may be used as a

trigger

to require testing, monitoring

and reporting

to determine

whether

a violation of other

standards, most notably the

particulate standard, exists.

Thus,

it also allows

for the

investigation of citizen complaints.

If a citizen believes that

the thirty percent opacity standard

is being violated,

the Agency

can easily confirm that and take appropriate action

to determine

whether that violation

is

a result of the violation of other

rules, regulations

or the Environmental Protection Act.

---

—3—

The Board, however,

agrees that the proposed language has

some unintended consequences.

The proposed language was written

affirmatively to explain what

the Agency can do.

Unfortunately,

it was not all—inclusive.

The Agency correctly points out that

there are facilities

for which no permit

is required which

arguably would not

be subject to the opacity provision as

proposed.

While the categories of facilities exempted from the

permitting requirement are narrowly drawn

and should not be

expected

to cause significant environmental harm,

there appears

to be no reason

to exempt them from the opacity standard.

Further, the limitation of

imposing reporting

and monitoring

requirements

as

a result of the violation of the opacity standard

may be read more narrowly than was intended.

The Board simply

meant

to exclude the possibility of the imposition of cease

and

desist orders

and monetary penalties for the violation of the

thirty percent opacity standard.

Of course, even these sanctions

would be available for opacity violations under

the nuisance

provision of

35

Ill. Adm. Code 201.141.

The Agency contends that the scope of the proposed

amendments

to Section 212.123(a)

is broader than necessary

in

that

the opacity standard was invalidated only

“insofar as

it

applies

to emission sources governed by Rule 203(g)(l)” which

is

now codified at

35 Ill.

Adm.

Code 212.201—212.205.

The

Celotex

Corporation

v.

The Pollution Control Board,

455 N.E.2d 752

at 760

(1983)1.

Since

those

rules apply only to boilers

which burn

solid

fuel exclusively, the Agency argues that the pre—existing

rule remains effective regarding other

sources and that the

Second Second Notice Proposed Rule cannot alter

the pre—existing

rule since there

is no evidence

in the present record regarding

sources other

than solid

fuel

sources justifying relaxation

of

the rule.

Regardless

of

the validity of

the present opacity rule,

the

Board has earlier found that rule to be supported by the

record.

While

that adoption was later overturned,

in whole

or

in

part, by the Supreme Court,

the invalidation was premised upon

reliance on the technical feasibility finding

regarding

particulate control which was found

to be unsupported by the

record.

Since

the Board now believes that the technical

feasibility problem has been remedied,

reliance upon

it

is now

justified insofar

as non—solid fuel combustion sources are

concerned.

For

these reasons,

the Board will modify

its proposed

amendment of Section 212.123(a)

to preclude the imposition of

cease

and desist orders or monetary penalties

for sources which

burn solid fuel exclusive~lyupon

a finding of violation of the

thirty percent opacity standard rather than allowing

the

imposition of permit conditions imposing monitoring

or reporting

requirements.

Finally,

in analyzing these comments the Board

has noted

that the

Board note that presently appears at the end of Section

---

—4—

212.121 will have

no continuing validity and should be deleted.

The Board,

therefore, will propose

its deletion.

The Board hereby proposes the following amendments

for

second notice:

TITLE

35:

ENVIRONMENTAL PROTECTION

SUBTITLE

B:

AIR POLLUTION

CHAPTER

I:

POLLUTION CONTROL BOARD

SUBCHAPTER

c:

EMISSION STANDARDS AND LIMITATIONS

FOR STATIONARY SOURCES

PART 201

PERMITS AND GENERAL PROVISIONS

Section 201.102

Definitions

“Air Contaminant”:

any solid,

liquid or gaseous matter, any odor

or any form of energy,

that is capable of being released

into

the

atmosphere from an emission source.

“Air Pollution Control Equipment”:

any equipment or facility of

a type intended to eliminate,

prevent, reduce or control the

emission of specified air contaminants

to the atmosphere.

“Air Pollution”:

the presence

in the atmosphere

of one

or more

air contaminants

in sufficient quantities and of such

characteristics and duration as

to be injurious to human, plant,

or animal life,

to health,

or

to property,

or

to unreasonably

interfere with the enjoyment of life or property.

“Ambient Air”:

that portion of

the atmosphere external

to

buildings comprising emission sources.

“Ambient Air Quality Standard”:

those standards promulgated from

time

to

time by the Pollution Control Board

(Board) pursuant

to

authority contained

in the Act and found at 35

Ill. Adm. Code

243,

or by the United States Environmental Protection Agency

(USEPA) pursuant

to authority contained

in 42 U.S.C.

7401 et

seq.,

as amended

from time to time.

“Clean Air Act”:

the Clean Air Act of 1970, as amended,

including the Clean Air Act Amendments of 1977,

as amended

(42 U.S.C.

7401 et seq.)

“Commence”:

the act of entering into

a binding agreement

or

contractual obligation

to’ undertake and complete, within a

reasonable time,

a continuous program of construction or

modifications.

“Construction”:

commencement

of on—site

fabrication, erection or

installation of

an emission source

or of air pollution control

equipment.

---

—5—

“Emission Source”:

any equipment or facility of

a type capable

of emitting specified air contaminants

to the atmosphere.

“Existing Air Pollution Control Equipment”:

any air pollution

control equipment,

the construction or modification which has

commenced prior

to April 14,

1972.

“Existing Emission Source”:

any emission source, the

construction or modification of which has commenced prior

to

April

14,

1972.

“Modification”:

any physical change

in,

or change in the method

of operations of,

an emission source or

of air pollution control

equipment which increases the amount

of any specified air

contaminant emitted by such source or equipment or which results

in the emission

of any specified air contaminant not previously

emitted.

It shall

be presumed that an increase

in the use of raw

materials,

the time of operation or the rate of production will

change the amount of any specified air contaminant emitted.

Notwithstanding any other

provisions of this definition,

for

purposes of permits issued pursuant to Subpart D, the Illinois

Environmental Protection Agency (Agency) may specify conditions

under which an emission source or air pollution control equipment

may be operated without causing

a modification as herein defined,

and normal cyclical variations,

before

the date operating permits

are required,

shall not be considered modifications.

“New Air Pollution Control Equipment”:

any air pollution control

equipment,

the construction or modification

of which

is commenced

on or after April 14,

1972.

“New Emission Source”:

any emission source,

the construction or

modification of which

is commenced on or after April 14,

1972.

“Owner

or Operator”:

any person who owns,

leases, controls or

supervises an emission source

or air pollution control equipment.

“Person”:

any individual,

corporation, partnership,

firm,

association,

trust estate, public or private institution, group,

agency, political subdivision or agency thereof or any legal

successor,

representative,

agent or agency of the foregoing.

“PSD Increment”:

the maximum allowable

increase over baseline

concentration of su~~d~ex4~deany air contaminant

as determined

by Section 163

of the Clean Air Act

(42 U.S.C.

7473)

and

regulations adopted thereunder.

I

“Specified Air Contaminant”:

any air contaminant

as

to which

this

e~ep~ef

Subtitle contains emission standards or other

specific limitations.

“Standard Industrial Classification Manual”:

The Standard

Industrial Classification Manual

(1972), Superintendent of

---

—6—

Documents, U.S. Government Printing Office, Washington,

D.C.

20402.

Section 201.103

Abbreviations and Units

a)

The following abbreviations have been used in this Part:

btu

or Btu

British thermal units

(60

F)

gal

gallons

hp

horsepower

hr

hour

gal/mo

gallons per month

gal/yr

gallons per year

kPa

kilopasca.s

kPa absolute

kilopascals absolute

kW

kilowatts

1

liters

mmb~?’l’~for M

million

t~-~spe~ het~

MW

megawatts;

one million watts

psi

pounds per square inch

psia

pounds per square inch absolute

b)

The

following conversion factors have been used

in this

Part:

English

Metric

1 gal

3.785

1

1000 gal

3.785 cubic meters

1

hp

0.7452 kW

1 mmbtu/hr

0.293 MW

1 psi

6.897 kPa

PART 211

DEFINITIONS AND GENERAL PROVISIONS

SUBPART

B:

DEFINITIONS

Section 211.121

Other Definitions

All terms defined

in 35 Ill. Adm. Code 201 which appear

in 35

Ill. Adm. Code ~r23~

211—217 have the definitions specified by

35

Ill.

Adm.

Code 201.202.

Otherwise the definitions specified

in Section 211.122 apply.

PART 212

VISUAL AND PARTICULATE MATTER EMISSIONS

SUBPART B:

VISUAL EMISSIONS

-S

Section 212.121

Opacity Standards

For

the purposes of

this

Subpart, all visual 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).

---

—7—

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~p~~es

~e ~eti~ees~eg~e~ed

~y

I~es~eer~~

~

~y ~i~e

~ne~

Bupreffle

eedr~7

?e~e~ew

~

~P~B e~e~ 68 H~ Bee~~887 446 NE2d ~S2+

Section 212.123

Limitations

for All Other Sources

a)

No person shall cause

or allow the emission of smoke or

other particulate matter from any e~1~ef

emission source

other than those sources subject

to Section 212.122 into

the atmosphere of an opacity greater

than 30 percent~

provided, however, that

a violation of this standard

shall not result

in the imposition of

a cease and desist

order

or

a monetary penalty for sources subject

to

Sections

212.201, 212.202,212.203 and 212.204.

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

(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.

SUBPART E:

PARTICULATE MATTER EMISSIONS

FROM FUEL COMBUSTION EMISSION SOURCES

Section 212.201

Existing Sources Using Solid Fuel Exclusively

Located

in the Chicago Area

No person shall cause or allow the emission of particulate matter

into the atmosphere from any existing fuel combustion source

using solid

fuel exclusively, located

in the Chicago major

metropolitan area,

to exceed 0.15 kg of particulate matter

per

MW—hr of actual heat

input

in any one hour period

(0.10

lbs/ffiffl~MBtu/hr) except as provided

in Section 212.203.

*Bee~Ne~es~See~1en8

~

~h~et~gh~~G5

heve ~ee~ ru~e~

4iw~4d~y

~he F~re~B4e~4e~Ae~~e

eeuf~7

eoo~we~ti’~

,~.

PeB7

~5 H~ App- ~

~23 N~B2~84 en~~n

?l~eM~ee~

eefp7 ~

PeB7

64

H~

App~3~~69~

See~ert

~~95

wes

e~ep~ede~efthe

eouft

ehe~er~ges

er~d4s e ~e~4d

i~e-~

4

Section 212.202

Existing Sources Using Solid Fuel Exclusively

Located Outside the Chicago Area

No person shall cause or

allow the emission of particulate matter

into the atmosphere from any existing fuel combustion source

using solid fuel exclusively, which is located outside the

---

—8—

Chicago major metropolitan area, to exceed the limitations

specified

in the table below and Illustration A

in any one hour

period except as provided

in Section 212.203.

METRIC UNITS

H

(Range)

S

Megawatts

Kilograms per megawatt

Less than or equal

to 2.93

1.55

Greater than 2.93 but

3.33 H°~715

Smaller than 73.2

Greater than or equal

to 73.2

0.155

ENGLISH UNITS

H

(Range)

S

Million Etu per hour

Pounds per million ~Btu

Less than or equal

to 10

1.0

Greater than 10 but

smaller than 250

5.18

Greater than or equal

to 250

0.1

where:

S

=

Allowable emission standard in lbs/MBtu/hr

or kg/MW of

actual heat input,

and

H

=

Actual heat input

in million Btu per hour

or megawatts

Section 212.203

Existing Controlled Sources Using Solid Fuel

Exclusively

Notwithstanding Section 212.201 and 212.202,

any existing fuel

combustion source using

solid fuel exclusively may,

in any one

hour period, emit up to, but not exceed 0.31 kg/MW—hr

(0.20

1bs/Mftt~MBtu), if as of April 14,

1972, e4thef any one of the

following conditions was met:

a)

The emission source haed an hourly emission rate based on

original design or equipment performance test conditions,

whichever

is stricter, which ~s was less than 0.31 kg/MWhr

(0.20 lbs/~m~MBtu)ofi actual heat input, and the emission

control of such source

is not allowed

to degrade more than

0.077

kg/MW—hr

(0.05

1bs/ffiffl~MBtu) from such original design

or acceptance performance test conditions;

or,

b)

The source ~

was

in full compliance with the terms and

conditions of

a variance granted by the Pollution Control

---

—9—

Board

(Board) sufficient

to achieve an hourly emission rate

less than 0.31 kg/MW—hr (0.20

lbs/fflm~MBtu), and construction

ha~dcommenced on equipment or modifications prescribed under

that program; and emission control of such source

is not

allowed to degrade more than 0.077 kg/MW—hr

(0.05

lbs/~m~MBtu)from original design or equipment performance

test conditions, whichever

is stricter, or,

c)

The emission source had

an hourly emission rate based

on

original design or equipment performance

test conditions,

whichever

is stricter, which was less than 0.31 kg/MW—hr

(0.20

lbs/MBtu)

of actual heat input, and the emission

control

of such source

is not allowed

to degrade more

than

0.077 kg/MW—hr

(0.05 lbs/MBtu)

from that rate demonstrated by

the most recent stack

test, submitted

to and accepted by the

~ency

prior

to April

1,

1985, provided that:

1)

Owners and operators of sources subject

to this

subsection shall apply

for

a new operating permit within

180 days of the effective date of this section;

and

2)

The application for

a new operating permit shall

include

a demonstrat:on

that the proposed emission rate,

if

greater

than the emission rate allowed by subsections

(a)

or

(b)

of this section, will not under

any

foreseeable operatin9 ~onditions and potential

meteorological conditibns cause or contribute to

a

violation of any applicable primary or secondary ambient

air quality standard

for particulate matter,

or violate

any applicable prevention of significant deterioration

(PSD)

increment,

or violate

35

Ill.

Adm. Code 201.141.

Section 212.204

New Sources Using

Solid Fuel Exclusively

No person

shall cause

or allow the emission of particulate matter

into the atmosphere 4t~~y

et~ehott~pe~4e~from any new fuel

combustion emission source using solid fuel exclusively

to exceed

0.15 kg

of particulate matter per MW—hr

of actual

heat input

(0.1

lbs/itrnthMBtu)

in any one hour period.

Section 212.205

Vi1j~geof Winnetka Generating Station

Notwithstanding any other requirements of this Part,

if the

Village of Winnetka

files

a petition

to establish site—specific

particulate standards for

its generating station within

60 days

of the effective date

of the rules adqpted under docket R82—l,

the Village of Winnetka’s generating station shall

not emit

particulates

at

a level

nfore than 0.25 lbs/MBtu until January

1,

1988,

or until

a final determination

is made on that site—

~pecific

rulemaking, whichever occurs sooner.

IT

IS SO ORDERED.

---

—10—

Board Member

B.

Forcade dissented.

I, Dorothy M. Gunn,

Clerk of the Illinois Pollution Control

Board, hereby certify that t~eabove Order was adopted on

the

______________

day of

~

,

1986 by a vote

of

6-

.

/

Dorothy M.

Gunn, Clerk

Illinois Pollution Control Board