ILLINOIS
    POLLUTION
    CONTROL BOARD
    March
    8,
    1984
    IN THE MATTER OF:
    )
    )
    SULFUR DIOXIDE EMISSION
    )
    R80—22(B)
    LIMITATIONS: VILLAGE OF
    )
    WINNETKA
    SECOND NOTICE.
    PROPOSED OPINION.
    OPINION OF THE BOARD
    (by J.
    D.
    Dumelle)
    The rule proposed at Section 214.141(c) for First Notice in
    this matter provided a mass emission limit for the Village of
    Winnetka
    (Village) power plant.
    Alon~with this emission limit
    of 57
    pounds of sulfur dioxide per million British thermal unit
    (lbs/rnBtu),
    a limit of 3.2 percent was imposed on the sulfur
    content of the coal burned.
    During this notice period, three
    public comments were received.
    Having considered each and the
    codification scheme of the Board’s air regulations, the proposed
    rule has been relocated and revised.
    In commenting, the Illinois Environmental Protection Agency
    (Agency) was primarily troubled by the measurement method to
    demonstrate compliance it believed applicable to the Village.
    Pursuant to Section 214.101(c),
    sources regulated under Section
    214.141 may use
    a sixty day averaging period to demonstrate
    compliance,
    if they are burning low sulfur coal.
    The Agency
    alleged that under this rule Winnetka could emit 6.8 lbs/mBtu 95
    of the time, and still demonstrate compliance with its 5.7 lbs/mBtu
    limit.
    The Board must assume that the Village would be burning
    coal with a sulfur content of 3.2 percent during this time,
    since
    the Agency goes on to state that during the remaining
    5
    of the
    time there is no numerical limitation on the coal’s sulfur content.
    (Public Comment 38)
    It had previously been the Board’s belief that burning coal
    of 3.2 percent sulfur would allow emissions no greater than 5.7
    1bs/mBtu, and that the modeling demonstrated that
    in no one hour
    of the modeled year would this emission rate cause violation of
    the air quality standard.
    More importantly,
    coal with a sulfur
    content of 3.2 percent is not a low sulfur coal. Thus, the Board
    did not consider the sixty day averaging rule applicable
    to the
    Village.
    Instead Section 214.101(a) would have been applicable.
    That subsection requires that compliance be demonstrated in
    accordance with
    40 CFR 60, App.
    A, Method
    6 or Agency rules.
    The
    federal rule provides for gas sampling.
    Since the Village does
    not have an on—site sampler, the Board did not believe the Village
    would demonstrate compliance by that method.
    The only applicable
    57-59

    —2—
    Agency rules are those for coal contracts,*
    For the reasons
    stated above, the Board believed that enforcement of a 3.2 per-
    cent limit, would have sufficiently assured compliance with 5.7
    lbs/mBtu limit.
    Nevertheless,
    the rule proposed for the Village’s power
    plant has been relocated to Subpart V:
    Electric Power Plants
    to coincide with the codification scheme set out at Section
    214.100.
    Relocation provides a second benefit.
    It is now clear
    that the measurement methods contained in Section 214.101 are not
    applicable to the Village’s power plant.
    In accordance with the
    Agency’s comment and a letter setting out the United States
    Environmental Protection Agency’s
    (USEPA) guidance (attached to
    Agency Motion of 5/27/83 and Public Comment 38) the proposed rule
    now provides that the Village demonstrate compliance based on
    daily averages.
    Presumably these daily averages shall be calcu-
    lated using the coal’s sulfur content.
    Citizens for a Better Environment
    (CBE) asked that the Board
    reduce the sulfur content limit from 3.2 percent to 3.0 percent.
    CBE noted that the Village agreed to burn the lowest sulfur coal
    available in Illinois, and that coal with a sulfur content lower
    than 3.2 percent is
    available
    from three Illinois companies.
    CBE
    advised that in so reducing the sulfur content limitation, public
    health would be protected.
    (Public Comment 36).
    At Second Notice,
    the limit on the sulfur content of the
    coal burned is eliminated,
    According to the Agency’s comments,
    limiting the coal’s sulfur content does not correspond to limit-
    ing sulfur emissions.
    For the protection of public health,
    it is
    important,
    as demonstrated by the modeling, that emissions do not
    exceed 5.7 lbs /mBtu
    in any one hour period.
    It is unimportant
    what the sulfur content of the coal burned is.
    If Winnetka can
    demonstrate compliance on a daily average burning coal with a
    sulfur content greater than 3.2 percent,
    it is free to burn that
    coal.
    Finally,
    in its comments the Village agreed to a 1400 pounds
    per hour sulfur dioxide emission limit.
    It demonstrated that
    this limit was no different than the
    5.7
    lbs/mBtu limit proposed.
    (Public Comment 37)
    In the above referenced guidance letter, the
    USEPA expressed its reservations about articulating emission
    limits in units other than mass emission limits.
    Given this, and
    since the two limits are comparable,
    to avoid redundancy the
    proposed rule will not recite the 1400 pounds per hour
    limit.
    *These
    rules
    were
    filed
    on
    an
    emergency
    basis
    on
    12/31/77
    and as of yet are not codified.
    Application of the same is
    therefore dubious.
    (c.f.
    Illinois Power Company v.
    IEPA,
    PCB 83—103,104)
    57-60

    —3—
    The proposed rule as drafted is ordered to Second Notice in
    accordance with Section 5.01(b)
    of the Administrative Procedure
    Act.
    (Ill. Rev. Stat.
    1981,
    ch.
    127, par. 1005.01(b).
    IT IS SO ORDERED.
    Board Member B. Forcade abstained.
    I,
    Christan L. Moffett,
    Clerk of the Illinois Pollution
    Control Bçard, hereby certify that the above Opinion was adopted
    on~the_,r’-
    day of______
    ___,
    1984 by a vote of
    Christan L. Mdf&~t, Clerk
    Illinois Pollution Control Board
    57-61

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