ILLINOIS POLLUTION CONTROL BOARD
July
23,
1981
IN THE MATTER OF:
R81—20
INTERIM BUBBLE RULES,
)
CHAPTER
2:
AIR POLLUTION
)
Preliminary Proposal For Rulemaking.
ORDER OF THE BOARD
(by
I.
Goodman):
During the recent legislative session
fiB
1354 was passed
which would add §9.3 to the Illinois Environmental Protection
Act.
It
is now awaiting the Governorts
signature.
That section
mandates that the Board adopt interim “bubble” rules within 120
days of the effective date of
S9.3.
In order to meet that dead-
line the Board proposes that a “public draft” of the generic
bubble rules be published in the Environmental Register.
This
public draft incorporates aspects of USEPA’s “Generic Bubble
Rules”,
Indiana’s proposed bubble rules, and MB
1354.
The Board
intends that this draft raise issues for discussion and comment,
rather than constitute a formal proposal for rulemaking.
The
Board requests that public comment and alternative proposals on
these
issues be submitted to the Board within the next 30 days.
These comments will he made
a part of the record in R81-20.
The
Board orders that
a proposed rule be noticed in the Illinois
Register and scheduled for hearings as quickly as possible
thereafter.
IT IS SO ORDERED.
I, Christan L.
Moffett, Clerk of the Illinois Pollution
Control~ard, hereby certify that the above Order was adopted on
the
~
—
day of
____________________,
1981 by a vote of
±~~•
~‘
Christan L. Moffett,/
1 rk
Illinois Pollution Co
1 Board
43—119
PUBLIC DRAFT
-
INTERIM BUBBLE RULES
-
R81-20
Part 212
ALTERNATIVE CONTROL STRATEGIES
Subpart A:
Definitions
Section 212.100
Terms Defined Elsewhere
Unless otherwise stated or unless the context clearly indicates a
different meaning, the definition of terms used in this Part are
the same as those found in the Illinois Environmental Protection
Act
(Act),
(Ill.
Rev.
Stat.
1979,
ch. 111 1/2, Section 1001 et
~
and other Parts of this Subtitle.
Section 212.101
Definitions
The definitions below shall apply for the purposes of this Part.
Section 212.105 Bubble
An alternative control strategy which allows a source to reduce
control requirements at one point by increasing controls corre-
spondingly at another.
The bubble can be applied both within
a single plant and between different plants in the same area.
All applicable emission points are visualized as being under
one hypothetical dome with only one emission point.
Section 212.110
Source
Any collection of emission points including fugitives within a
building, structure,
facility, installation, article, container,
machine,
or process equipment from which any air pollutants
emanate or are emitted, either directly or indirectly.
Section 212.115
Emission Point
Any part of
a source which emits or would have the potential to
emit any pollutant subject to regulation under the Clean Air Act.
Section 212.120
Owner/Operator
Any person who owns, leases, controls, operates or supervises a
facility,
an emission source, or air pollution control equipment.
Section 212.125
Person
Any individual, partnership, co-partnership,
firm, company, cor-
poration, association, joint stock company,
trust, estate, poli-
tical subdivision or any other legal entity or their legal repre-
sentative, agency or assigns.
Also included are the Federal,
State and local governments.
43—121
—2—
Subpart B:
Permit Applications
Section 212.201
Application
The owner or operator of a source,
or different owners or
operators of two or more sources, individually or collectively
may apply for a permit pursuant to Section 39.1 of the Environ-
mental Protection Act.
Applications for such permits shall be
submitted on forms provided by the Agency and shall include all
information necessary to enable the Agency to make a determina-
tion pursuant to Section 39.1(a).
Section 212.02
Alternative Control Strategy
An application for a permit pursuant to Section 39.1 of the Act
may propose a bubble which establishes alternative control
strategies for emission points including emission limitations
which are different from those which would otherwise be applic-
able under this Chapters
The burden shall be on the applicant
to establish that this ~1ternative control strategy will not:
(a)
increase total emission from the bubble, and
(b)
cause or exacerbate
a violation of applicable
ambient air quality standards.
Section 212.203
Public Notice
Public notice of the receipt of a permit application and the
Agency’s proposed decision shall be given as required by Section
39.1(c)
of the Act.
In addition, public notice shall be given
of final approval of bubble applications in a newspaper of
general circulation in the county or counties where any source
to be covered by such permit is located.
Section 212,204
Conditions Precedent to Effectiveness
No bubble shall be effective under this rule until the owner
or operator of each source included in the bubble strategy has
obtained
a new or revised operating permit and any revised
emissions limitations have been received by the U.S. Environ-
mental Protection Agency.
Subpart C:
Criteria for Approval
Section 212.301
Emission Limits
The bubble must include specific quantifiable emission limits
for each emission point in the bubble, and these limits must
43—122
—3—
be associated with
an
enforceable
testing
method.
These
emission
limitations
and
other
related
specifications
shall
be
incorporated
into legally binding
operating
permits
and
compliance
timetables.
Section
212.302
Type
of
Pollutants
Bubble
Strategies
may
be proposed for the following pollutants:
(a)
Total
Suspendea
Particulates
(TSP)
(b)
Sulfur
Dioxide
ISO2)
(c)
Vol~t.i1e Orgark~ Compounds
(VOC)
(d)
Carbon MonoxidE;
(CO)
Section
212.303
Single
Pollutant Limitation
Each bubble must involve emissions of the same pollutant.
Section 212.304
Even Trade Limitation
All
emissions
under
the
bubble,
including fugitive emissions,
must
be
quantifiable,
and trades among them must be even.
How-
ever, more than one-for—one emission trades may be required
where necessary to protect ambient air quality.
Section 212.305
Hazardous Pollutants
No hazardous emission can be offset by a nonhazardous emission.
However, within the same criteria pollutant, hazardous emissions
may be traded for nonhazardous emission if the source decreases
the hazardous emission.
In no case shall NESHAP’s standards be
exceeded.
Section 212.306
Superseding Regulations
The bubble may not supersede the requirements of NESHAP’s, NSPS,
PSD or LAER regulations.
Section 212.307
Baseline Determination
The total emissions from a bubble shall not exceed the arithmetic
sum of the baseline as determined by the following:
(a)
For areas designated attainment under 42 USC 7407
(ci) (1)
the baseline for each emission point will
be actual emissions determined as follows:
(1)
If emissions from the source are separately
identified in the emission inventory used in
the State~sSIP for its ambient air quality
43—123
4—
demonstration, the baseline will be the
emissions attributed to the source in the
SIP,
(2)
If the source is not separately identified
in the State SIP ambient air quality demon-
strations,
the baseline will be average
emissions calculated from the operating
history of the source for a representative
period of time
(e,g.,~
TWO
or THREE YEARS)
up to immediately before the application is
filed.
If historical data are deemed inade-
quate by the State, action on an application
may be delayed for up to one year while oper-
ating data are compiled by the applicant.
(b)
For areas designated as non-attainment under 42 USC
7407 (ci) (1) which have fully approved SIPS to bring
the area into attainment the baseline for each emis-
sion point will be:
(1)
Actual emission determined under sub-
section
(a) (2)
of this rule, or
(2)
Allowable emissions established by the
SIP~
(c)
For areas designated as nonattainment under
42 USC
7407(d)
(1)
which do not have an approved SIP to bring
the area into attainment, the baseline will be deter-
mined as follows:
(1)
Sources whose combined emissions
total exceed 100 tons per year
(after
current controls) must agree to
a
USEPA approved level of control which
represents Reasonably Available Control
Technology
(“RACT11)
for all the emission
points
to be included in a bubble.
(2)
Sources whose combined emissions total are
equal to or less than 100 tons per year
(after current controls) may either:
(A)
agree to USEPA approved RACT limits
which will be used as the baseline
for computing maximum allowable
limits from the bubble, or
43—124
—5—
(B)
use the
baseline
established
under
subsection
(h)
of this rule.
If the source uses the
baseline under that subsection it must acknow-
ledge in writing that establishment of alter-
native limits does not preclude application of
more stringent RACT limits developed in the
future
212.308
Hours of Operation and Production Rate Reduction
If limitations on hours of operations or production input rates
are used to create reductions used in the bubble, the time period
over which they are limited must be consistent with the require-
ments of this chapter,
but
in no case may the time period exceed
24 consecutive hours.
212.309
Modeling Demonstration
When modeling is required by these rules, such modeling must show
that the alternative emission limitations will not contribute to
a new ambient air quality violation and will not interfere with
achievement of reasonable further progress toward the attainment
of national ambient air quality standards.
212.310
Requirements Applicable to VOC
Emissions
VOC emission sources
shall:
(a)
Submit the following information with the permit
application:
(1)
Type of
emission
sources
(2)
Geographic location of sources
(3)
List of products processed
on
each
line
(4)
Type of
VOC
materials applied
(5)
VOC content of materials applied
(6)
Amount
of VOC
material used
(7)
Emission control
equipment
(8)
Overall efficiency of control equipment
(9)
Methodology for estimation
of
equivalency
to
emission reductions required by applicable
regulations
(10)
Ozone season adjustment exemptions
(11)
Emission rate
(12)
Emission total
(13)
RFP
Provision:
(CITE RELEVANT
STATE
RULE)
(14)
Operating Hours
(15)
Any additional information Agency procedures
may require~
43—125
—6—
(b)
Maintain daily emission records which include as a
minimum all data and production information necessary
to determine compliance of the process, equipment, or
process line under the bubble.
This shall include,
but not be limited to, the following:
(1)
Type of VOC materials applied
(2)
VOC content of materials applied
(3)
Amount of VOC material used
(4)
Emission rates per day and year
212.311
Requirements Applicable to TSP and SO2 Emissions
TSP and 502 emission sources shall:
(a)
Submit the following information with the permit
application:
(1)
Location
-East UTM
-North UTM
-ground level elevation
(2)
Height of release above ground (stack height)
—actual height
-GEP height
(3)
Emission rates
(for each pollutant)
—existing maximum rates for each applicable
averaging time
(e.g.,
annual, monthly,
24—hr.,
8—hr.,
3—hr.,
1—hr.,
etc.)
—proposed maximum emission rates for each applic-
able averaging time
-types of releases
(frequency,
duration, magni-
tude)
(4)
Stack exit and/or release characteristics
—stack exit diameter
-stack exit velocity
—stack exit temperature
—dimensions of area sources
(5)
Maps showing location of
—emission points
—buildings and obstructions to flow
-topography
(USGS maps)
(6)
Any additional information which Agency procedures
may require
43—126
—7—
(b)
Maintain daily emission records which include as a
minimum
all
data
and
production
information
necessary
to determine compliance of the process line under the
bubble.
(c)
Submit dispersion modeling of all the changes in
emissions attributable to the alternative control
strategy unless the Agency finds that either of
the following conditions are met:
(1)
The location of all emission points included
in the bubble are not more than 100 meters
apart, and the effective plume height of the
emission increases and decreases are not
significantly different; or
(2)
Actual emissions from each source included
in the bubble are less than 100 tons per
year.
All dispersion modeling shall be performed in
accordance with methods approved by the Agency
in conformity with the USEPA guidance outlined
in the “Guideline on Air Quality Models”, EPA
450/2—78—027
(April, 1978.)
212.312
Requirements Applicable to Fugitive Dust
Sources applying the bubble to control fugitive dust shall use
the best and most appropriate models, such as the Industrial
Complex Source Model, in order to show compliance with the
requirements of this Rule.
Both annual and short—term concen-
trations must be examined, and particle deposition and fallout
should be taken into account.
The emission factors used at
different emission points involved in trades shall be of equal
reliability.
The modeling must use the maximum emission rates
that are legally enforceable by the Board.
As an alternative
to modeling, sources may demonstrate the equivalency of the
trades by installing the open dust source controls and monitor
the results.
Subpart D:
Future Emission Limitation Requirements
212.401 Effect of Future Emission Limitations
Should a new or more restrictive emission limitation become
applicable to any source included in a bubble under this Rule,
the source shall submit permit modifications demonstrating re-
ductions in total bubble emissions equal to or greater than the
reduction required by the new emission standards.
43—127
—8—
Subpart E:
Compliance
212.501
Other Applicable Regulations
The bubble shall not exempt any owner or operator from complying
with any other applicable regulations under this Chapter.
212.502
Compliance Dates
No owner or operator under the bubble is relieved of the respon-
sibility for achieving and maintaining a reduction of emissions
as expeditiously as practicable, but no later than the compli-
ance date required under the applicable regulation.
212.503
State Access to Information
The owner or operator of an emission source under a bubble shall
make available copies of reports detailing the nature, specific
emission points, and total quantities of all emissions to the
State upon verbal or written request,
at any reasonable time.
IT IS SO ORDERED.
I, Christan L. Moffett, Clerk of the Illinois Pollution
Control Bo~fi,hereb
cert~fythat the above Order wa~,adopted
on thej3”__day of
,
1981 by a vote of
\S-
u
p
Christan L. Moffet~
erk
Illinois Pollution
rol Board
43—128