ILLINOIS POLLUTION CONTROL BOARD

September 20, 1985

IN THE MATTER

OF:

)

VOLATILE

ORGANIC MATERIAL

)

R82—14

EMISSIONS FROM STATIONARY

)

Dockets A & B

SOURCES~ R~CT III

PROPOSED ORDER FIRST NOTICE

OPINION AND ORDER OF THE BOARD (by B. Forcade):

On August 26, 1985, the Illinois Environmental Protection

Aoency (“Agency”) filed a motion to reopen the record in this

regulatory proceeding in three areas. The Agency proposes to

amend

35

Ill. Adm. Code 215.207, 215.500 and to add a new Subpart

Z

regulating

petroleum dry cleaners. On September 18, 1985,

Interiake,

Inc., LTV Steel Company and National Steel Corporation

(“Steel Industry”) filed a memorandum in opposition to the

Agency’s motion to reopen the record. In a separate order, dated

today, the Board grants the Agency’s motion to reopen the record

and directs the hearing officer to schedule hearings for the

proposed Section 215.207 amendment and the new rules regulating

petroleum dry cleaners. The Board, in the instant order,

proposes the Agency’s amendment to Section 215.500 for first

notice.

The Steel Industry, in its memorandum in opposition

to

the

Agency~smotion

to reopen the record, asserts that the Board

lacks the authority to grant

the

Agency’s request.

The Steel

Industry argues that “this Board may not reopen a proceeding

subsequent to its adoption of a rule by final notice, ...even to

consider new evidence..,,” citing Modine Mfg. Co. v. Pollution

Control Board

,

40 Ill, App. 3d 498, 351 N,E.2d 875 (1976) and

Lloyd

A. Fry Roofing v, Pollution Control Board, 46 Ill. App. 3d

412,

361 N.E.2d 23 (1977). In Modine, an adjudicatory variance,

the

court

held

that the Board did have the authority, under

Section 5(d) of the Act, to hold an additional hearing. In the

context

of regulatory proceedings, the Board has broad authority

to

hold hearings under Section 28 of the Act. In !A.Fry

Roofing Compa~, the court held that an administrative agency is

not

normally required to open a case record and consider new

evidence,

but that

it

is clearly within an agency’s discretion.

The

Board finds that there is no legal prohibition to reopen the

r~cord.

Additionally, the Steel Industry argues that under the

Illinois APA, the Board is prohibited to alter a rule after

second notice, except in response to

JCAR objection or

suqae~:..ons. The

Board agrees

that this is an accurate statement

of the law.. Today~s

action does

not violate

this law

as the

Board is proposing an

amendment

to

an adopted rule by proceeding

65-5?37

---

to first notice, The Steel Industry’s objection is noted hut is

not persuasive.

Section 215.500 outlines the interrelationship between

Subpart K: Use of Organic Material and Subpart U: Coke

Manufacture and By—Product Recovery~ Subpart U applies to four

specific sources of emissions. Subpart K applies to a number of

other sources, not enumerated in Subpart U. As originally

proposed, Section 215.500 provided for Subpart K controls where

controls were not specifically p~ov.ided ir~ Subpart U. For the

four

emission ~urces specified

in

Subpar

1,

compliance with

Sub~.art

K was t

requ’ ed, theroby cre.

an

“exception.”

On August. “0, 1984, the Board proposed Section 215.500 for

first notice i: the form advocated

by

the Agency. In response to

first notice p ~lic comment by the steel industry, the Board

modified Secti~ 215.500 to exclude Subpart K provisions from

applying to coke by—product recovery plants.

This change, made

at second notice and adopted as final on August 21, 1985, was

based

on the steel industry’s assertion that the Board had

erroneously interpreted the Agency’s intent regarding Subpart K

and that rio party desired that subpart to apply to this

industrial category. ‘No comments were received from the Agency

until after final adoption of this modification.

The Agency’s August 26, 1985k. motion to reopen the record

and proposed amendment to Section 215,500 states that the effect

of excluding Subpart K provisions from coke by—product recovery

plants is to de—regulate the majority of emission sources, Since

all three of the affected facilities are in nonattainment areas

for

ozone,, the result is to allow an increase in emissions from

tnese now unregulated sources.

The Board proposes to amend Section 215.500 today consistent

with

the Agency’s proposed language and the original language

proposed by the Board for

first notice over a year ago. The

Board

will schedule a hearing in

this

matter in order to resolve

the confusion regarding this section.

The Board notes

that part

of the

confusion is caused by the wording of the section, which

is

somewhat awkward. Hopefully, this problem can be

corrected in

second notice.

ORDER

The following amendment

to 35 Ill,

Adm. Code 215.500

is

btrscted to first

notice for publication in the Illinois

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE B: AIR POLLUTION

CHAPTER I: POLLUTION CONTROL

BOARD

65-5~8

---

—3—

PART 215

ORGANIC MATERIAL EMISSION STANDARDS AND LIM1ThTIONS

SUBPART A: GENERAL PROVISIONS

2L5, ‘LOh introduction

2115, 1.01 Clean—up arid Disposal Operations

215.102

Testing Methods

215,103

Abbrev~tions and Conversion Factors

2t:~.l04 Defini.~.ons

2~5.lO.5 Incorp~’:ationsby Reference

~:~.i06 Afterb~:ners

SUBPART B: ORGANIC EMISSIONS FROM STORAGE

AND LOADING OPERATIONS

Sec t

i.

on

215~i2l Storage Containers

21~.i22 Loading Operations

215.123 Petroleum Liquid Storage Tanks

215.124 External Floating Roofs

215.125 Compliance Dates and Geographical Areas

21.5.126 Compliance Plan

SUBPART C: ORGANIC EMISSIONS FROM

MISCELLANEOUS EQUIPMENT

sect ion

215. .41 Separation Operations

215,142 Pumps and Compressors

215.143 Vapor Blowdown

21St 144 Safety Relief Valves

SUBPART E: SOLVENT CLEANING

Sent Ion

~15.131 Solvent Cleaning in General

;TY .5,1.82 Cold Cleaning

2~3~i~3 Open Top Vapor Degreasing

2:L5.

184

Conveyorized Degreasing

:: ~5

Compliance Plan

SUBPART F: COATING OPERATIONS

Sect ion

215,202

Compliance Schedules

215.2B4 Emissi’;n Limitations for Manufacturing Plants

215.205 Alter:’~ative Emission Limitations

65-589

---

—4—

215. 20(.~

215.207

2 1. 5. 208

215. 209

2

.L

5~210

2L5. 211

215.212

2.L 5,,

2,L S

Sc.

c t:

1. On

2 15. 30

.1.

215.302

215.303

215.304

215.305

Section:

215.340

215,342

215,344

215.345

215.346

215. 347

Sect i.on

2L5, 401

215,402

2

1 5. 403

215.404

21 5. 405

21.5. 406

2.L 5

,

607

Exemptions from

Emission Limitations

Internal Offsets

Testing Methods for Solvent Content

Exemption from General Rule on Use of Organic Material

Alternative Compliance Schedule

Compliance Dates and Geographical Areas

Compliance Plan

Special Requirements for Compliance Plan

S~.‘ART K: USE

OF ORGANIC MATERIAL

Use oi:’ rganic Material

Altern..:ive Standard

Fuel Coiabustion Emission Sources

Operations with Compliance Program

Viscose Exemption (Repealed)

SUBPART N: VEGETABLE OIL PROCESSING

Hexane Extraction Soybean Crushing

Hexane Extraction Corn Oil Processing

Recordkeeping for Vegetable Oil Processes

Compliance Determination

Compliance Dates and Geographical Areas

Compliance Plan

SUBPART P: PRINTING AND PUBLISHING

Flexographic and Rotogravure Printing

Exemptions

Applicability of Subpart K

Testing and Monitoring

Compliance Dates and Geographical Areas

Alternative Compliance Plan

Compliance Plan

SUBPART

Q:

SYNTHETIC ORGANIC CHEMICAL AND POLYMER

MANUFAC TURING

c~tI on

215.420

211

5. 421

21,3,422

215.623

“l

215,4~25

General Requirements

Inspection Program Plan for Leaks

Inspection Program for Leaks

Repairing Leaks

KecordKecring for Leaks

Reportic.~ ‘for Leaks

.4! terna

re

Program for Leaks

65-570

---

—5—

215.427 Compliance Dates

and

Geographical Areas

SUBPART R:

PETROLEUM REFINING AND RELATED

INDUSTRIES;

ASPHALT

Sect ion

215.441 Petroleum Refinery Waste Gas Disposal

215.442

Vacuum Producing Systems

215.443 Wastewater (Oil/Water) Separator

215.444 Proces~Unit Turnarounds

215.445 Leaks: General Requirements

215. 446 Monitoring Program Plan for Leaks

215.447 Monitoring Program for Leaks

215.448 Recordkeeping for Leaks

215.449 Reporting for Leaks

215.450 Alternative Program for Leaks

215.451

Sealing Device Requirements

215.452 Compliance Schedule for Leaks

215.453 Compliance Dates and Geographical Areas

SUBPART St

RUBBER

AND

Sect ion

25.46l Manufacture of Pneumatic Rubber Tires

215.462 Green Tire Spraying Operations

215.463

Alternative Emission Reduction Systems

215.464

Testing

and

Monitoring

215.465 Compliance Dates and Geographical fleas

215.466 Compliance Plan

SUBPART U:

COKE MANUFACTURE

AND

BY-PRODUCT

RECOVERY

Sect ion

rcLS.500 Exception

215.510 Coke By—Product Recovery Plants

flS.512 Coke

By—Product Recovery Plant Leaks

215.513 Inspection Program

2t5.514 Recordkeeping Requirements

215.515 Reporting Requirements

25.516 Compliance Dates

215.541

Pesticide Exception

85-571

---

215.561 Architectural Coatings

215. 562 Paving Operations

SUBPART

Section

215.581 Bulk Ga~~..tinePlants

215.582 Bulk Gnrr sine Terminals

SUBPART 5:

Section

215.601 Perchloroethylene Dry Cleaners

215. 602

Exemptions

215.603 Testing

and

Monitoring

215.604 Compliance Dates and Geographical Areas

215.605

Compliance Plan

215.606

Exception to Compliance Plan

Appendix A Rule into Section Table

Appendix B Section into Rule Table

Appendix C Past Compliance Dates

Chemical and Polymer Manufacturing

AUTHORITY: Implementing Section 10

and authorized

by Section 27

of the Environmental Protection Act (Ill.

Rev.

1111/2, pars. 1010 and 1027).

SOURCE: Adopted as Chapter 2: Air Pollution, Rule 205:

Organic Material Emission Standards and Limitations, R71—23,

4 PCB 191, filed and effective April 14, 1972;

amended

in

R77-3, 33

PCB

357, at 3 Ill. R~.18, p. 41, effective

May 3, 1979; amended in R78—3 and R78—4, 35 PCB 75, at 3 Ill.

aeg. 30, p. 124, effective July 28, 1979; amended in R80—5

at 7 111.

Reg.

1244, effective January 21, 1983; codified

at 7 111. Reg. 13601; Notice of Corrections at 7 Ill.

Req. 14575; amended in P32—14 at 8 Ill. Reg. 13254, effective

July

12,

1984; amended in R83—36 at 9 Ill. Reg. 9114, effective

May 30, 1985; amended in R82—l4 at 9 111.

Reg.

13960, effective

Auyus~ 28, 1985; amended in R82—14 at 9 Iii. Reg.

______

effective

_____________,

1985.

65-572

---

SUBPART U: COKE MANUFACTURE AND

BY—PRODUCT RECOVERY

Section 215.500 Exception

Except as provided in this Subpart, Pthe provisions of Subpart R

shall ~ apply

to coke by—product recover plants.

(Source: Amended at 9 Iii. Reg.

_____,

effective

1985).

IT IS

SO ORDERED

Board Member

J.

Theodore Meyer dissented

1, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify

that the abov~e Opinion and Order was

adopted on the

~

day of ________________________,

1985,

by a

~~t: ~ ~

.~

5-.

—‘

/

,

~7

Dorothy

M. Gunn, Clerk

Illinois Pollution Control Board

65~573