1. Proposed Rule. Second Notice.
  1. PROCEDURAL HISTORY
  2. BACKGROUND
  3. PROPOSAL OVERVIEW
  4. THE USE OF HIGH VOLUME LOW PRESSURE SPRAY GUNS
  5. THE REQUIREMENT TO RECORD AND REPORT VOM CONTENT AND GALLONS OF ALL COATINGS BY CATEGORY AND BY BATCH
  6. ECONOMIC IMPACT
  7. CONCLUSION
  8. ORDER
        1. Section 218.112 Incorporations by Reference

1
 
 

ILLINOIS POLLUTION CONTROL BOARD
December 5, 2002
 

IN THE MATTER OF:
 
PROPOSED HORWEEN LEATHER COMPANY SITE-SPECIFIC AIR RULE,
35 ILL. ADM.CODE 218.112 and 218.929
  		)
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)
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R02-20
(Site–Specific
Rulemaking - Air)
       


 
Proposed Rule. Second Notice.

OPINION AND ORDER OF THE BOARD (by M.E. Tristano):
 
 This matter comes before the Board upon a proposal to amend the Board’s air quality regulations for organic material emissions in the Chicago area. The proposal was filed by the Horween Leather Company (Horween). Horween requests that the Board issue a site-specific rule from 35 Ill. Adm. Code 218.112 and add a new section 218.929 to change the volatile organic material (VOM) control requirements as applied to a small amount of new specialty leathers that Horween plans to produce at its facility located at 2015 North Elston Avenue, Chicago, Cook County. The requested rule change would allow Horween to continue to produce its existing specialty leather pursuant to existing regulations, and develop new specialty leather products in compliance with the modified regulation.
 
 By today’s action the Board adopts the proposed amendments for the purpose of second notice, pursuant to the Illinois Administrative Procedure Act (5 ILCS 100/1-1). The rules adopted here are unchanged from those adopted in the Board’s August 8, 2002 first-notice opinion and order.
 

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PROCEDURAL HISTORY
 

Horween filed its proposal for rulemaking on February 19, 2002. By order of March 7, 2002, the Board accepted the proposal for hearing. On March 10, 2002, the Board mailed a request to the Department of Commerce and Community Affairs (DCCA) to perform an economic impact study on the proposed rulemaking. DCCA did not prepare an economic impact study, and no questions were raised or comments were made on that issue at hearing or during the first-notice comment period.
 
A public hearing was held before Hearing Officer William Murphy in Chicago on June 26, 2002. Horween presented the testimony of Mr. Arnold Horween III and Julie M. Christensen, Director of Safety and Environmental Compliance. The Illinois Environmental Protection Agency (Agency) presented the testimony of Mr. Gary E. Beckstead, Environmental Protection Engineer.
 
Prior to testimony, Horween through its attorney Mr. Roy Harsch, acknowledged that the Agency had rewritten the site-specific proposal submitted in February. Horween concurred with the Agency revision with two exceptions and subsequently offered a joint motion for its substitution for Horween’s original draft. Joint Motion.
 
The Board entered its first notice opinion and order on August 8, 2002. The first notice publication of the rules appeared in 26 Illinois Register 13772 (September 20, 2002). No public comments were received during the first-notice comment period, which ended November 4, 2002.
 

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BACKGROUND
 

 Horween submitted a petition for relief from technical restraints associated with making new types of specialty leather. The production requirements of leather that use higher solvent-based finishes were the subject of Illinois’ original adoption of amendments to the generally applicable Reasonably Available Control Technology (RACT) leather coating rule (35 Ill.Adm. Code 218.926 and 211.6170).
 
 In 1994, the Board, after thoroughly evaluating the required production need of specialty leathers with a high grease, wax, and oil content, adopted a special subcategory for this “specialty leather.” 35 Ill. Adm. Code 218.926 and 211.6170. The Board rule allows emission of VOM in the amount of 38 pounds (lbs.) per 1,000 square feet and further provides an exemption for the stains used on leather. 35 Ill. Adm. Code 218.96. Furthermore, the rule specifically defines “specialty leather.” 35 Ill. Adm. Code 211.6170. This particular rule was approved by the United States Environmental Protection Agency (USEPA) and included in the Illinois State Implementation Plan (SIP). 59 Fed. Reg. 46567 (Oct. 11, 1994).
 
 Horween has identified two types of what it believes to be other “specialty leathers” that do not meet the current definition under 35 Ill. Adm. Code 211.6170. The first group of leathers includes a minor change to Horween’s existing CHROMEXCEL specialty leather. The second group, performance leathers, includes leather previously made by a closed tannery. This leather is referred to by Horween as “GENTRY.” The Agency’s revision to the proposed site-specific rule utilizes a more generic approach and does not specify particular names for the new leathers Horween is planning to coat. Tr. at 59. By utilizing a generic approach, a new site-specific regulation would not need filing each time the fashion emphasis changes in the leather industry. Tr. at 59.
 
 Horween evaluated the existing RACT rules to review potential impacts on future environmental compliance should these new products be produced. Consequently, Horween realized that, they would not be able to put these new leathers into production and continue to comply with the existing Illinois RACT rules. Horween maintains that even though the production of the newly proposed products cannot meet the current RACT rules, there is a negligible environmental impact from producing these new products. The production of the new specialty leathers at this facility will replace production that has been lost since 1995 and would not exceed the VOM emissions from 1995 with an additional 20 ton per year (TPY) cap on these new specialty leathers. Furthermore, Horween maintains it would not exceed current emission limits already in place in the facility’s Title V permit and Emissions Reduction Market System (ERMS) baseline.
 

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PROPOSAL OVERVIEW
 

Section 218.929 - Cementable and Dress or Performance Shoe Leathers
 

 Horween has proposed adding Section 218.929 to the Board’s Organic Material Emission Standards and Limitations for the Chicago Area that sets forth the specific requirements applicable to certain other specialty leathers outlined within the Section caption. The Agency has suggested some revisions that are generally agreeable to both parties.  
 
 Section 218.929(a) outlines a number of criteria which must be met. Subsection (a) sets forth:
 

   
1) The applicability of the rule that limits all exemptions and volume emission modification to Horween’s leather manufacturing facility located at 2015 North Elston Avenue, Chicago, Illinois;
2) VOM emission limits for production of cementable shoe leather with a percent content of wax, grease, polymer and oils between 12 and 25% by weight that cannot meet the definition of specialty leathers of 35 Ill. Adm. Code 211.6170;
3) VOM emission limits for production of dress or performance shoe leather finished with water emulsified coating materials that cannot meet the definition of 35 Ill. Adm. Code 211.6170; and
 
4) No exemption from the annual 10-ton VOM cap applicable to stains pursuant to Section 218.926(b)(2)(i).

Section 218.929(b) provides numeric limitations on emissions from the production of the new leather products. They are 14 lbs. VOM/1,000 square feet for non-water resistant leathers; 24 lbs. VOM/1,000 square feet of leather produced for water resistant leather; and a total annual VOM emission limit of 20 tons.
 
Section 218.929(c) requires compliance with the company’s approved standard operating and maintenance procedures (SOMP).
 
Section 218.929(d) outlines reporting and record keeping requirements which are consistent with the Subpart and Section 39.5 of the Act (415 ILCS 5/39.5) and allows for use of an equivalent alternative plan if approved by the Agency and the USEPA.
 
Section 218.112(a)(26) also incorporates by reference ASTM D2099-00 Standard Test Method for Dynamic Water Resistance of Shoe Upper Leather by the Maeser Water Penetration Tester as referenced in 218.929(b)(1).
 
Horween agreed with the Agency revisions to the proposed rulemaking with two exceptions: 1) the use of high volume low pressure spray guns; and 2) the requirement to record and report VOM content and gallons of all coatings by category and by batch.
 

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THE USE OF HIGH VOLUME LOW PRESSURE SPRAY GUNS
 

 To be consistent with the full RACT provisions as approved by USEPA for the Maine facility, the Agency proposed specific language at Section 218.929(c)(4) which would require Horween to either convert to HVLP spray guns or document the lack of feasibility or cost effectiveness for its conversion to the USEPA. Section 218.929(c)(4) sets forth:
 
A procedure to install and use high volume low pressure (HVLP) spray guns for the coating of these leathers within one-year after USEPA approves this rule as a SIP revision or the Company shall document why HVLP spray guns are not a technically feasible or cost-effective method for applying coating at this facility.
 
 The Agency, through the testimony of Mr. Beckstead, offered that Horween did not provide sufficient documentation in support of its assertion that they cannot use HVLP spray guns in their operation. Tr. at 61. Horween argues that Section 172(c)(1) of the Clean Air Act, 42 USC 7505(c)(1), requires that the State Implementation Plans (SIP) for non-attainment areas provide for the implementation of reasonably available control measures (RACM) including emission reductions obtained through the adoption of RACT. The USEPA has historically defined RACT as the lowest emission limitation that a particular source is capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility. See 44 Fed. Reg. 53762 (Sept. 17, 1979).  By regulation, the Pollution Control Board has adopted the USEPA’s historical definition of RACT. See 35 Ill. Adm. Code 211.5370.  
 
 Further, Mr. Horween testified that a brief test was conducted using the HVLP spray guns suggested by the Agency. Tr. at 65. The results indicated that the specialty leather produced would not be of sufficient quality to satisfy customer requirements. Mr. Horween also indicated that the use of the HVLP spray guns would cause the specialty leather to become a different product which customers would not purchase. Tr. at 66-69. Mr. Beckstead conceded that the spray technology recommended by the Agency for testing by Horween currently did not meet the criteria for HVLP spray guns listed in 211.2990 but that the manufacturer would like to have it classified as such. Tr. at 63-65.
 
 Based upon the evidence presented, the Board finds that HVLP spray guns are not technically feasible for the specific Horween Company production of specialty leather allowed by this site-specific rulemaking. As the Agency’s suggested amendment fails to meet the RACT criteria for technological and economic feasibility contained within 35 Ill. Adm. Code 211.5370, the Board has removed the corresponding language at Section 218.929(c)(4) from the proposed rule.
 

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THE REQUIREMENT TO RECORD AND REPORT VOM CONTENT AND GALLONS OF ALL COATINGS BY CATEGORY AND BY BATCH
 

 The current record keeping requirements for application of coatings to specialty leather require VOM emissions to be tracked by category of leather produced. 35 Ill. Adm. Code 218.926(b)(2)(B). Equivalent alternative control plans may be used if approved by the Agency and USEPA in a federally enforceable permit or as a SIP revision. 35 Ill. Adm. Code 218.926(c). Horween’s current specialty leather production does use an alternative plan. The alternative plan was submitted in 1996 and approved by the Agency and USEPA. Tr. at 34.
 
Horween proposes to continue its alternative record keeping practices in this manner for the new categories of leather proposed in this rulemaking. Tr. at 24-25. Horween proposes to record the total amount of VOM-containing material “used in a month and divide it amongst the production of standard leather.” Tr. at 75. Using a percentage based on the square footage of each category of leather produced in that month, the VOM emissions produced from each category are estimated. Tr. at 75.
 
 The Agency proposed specific language which would require Horween instead to report and record VOM content, gallons, and pounds of coatings by each batch of leather manufactured during each month. The Agency did so based on USEPA’s indication that in light of the additional categories of leathers, dress or performance water-resistant, dress or performance non-water-resistant, cementable water-resistant, and cementable non-water-resistant, that the current procedures were not adequate to verify compliance. Horween objects to the Agency’s proposed record keeping and reporting requirements, arguing that the existing system which Horween uses is adequate and has been accepted by both the Agency and USEPA. Horween argues that under the Agency’s proposal there would be a substantial modification to the record keeping and reporting procedures that it already follows. Tr. at 33, 37, 60, 61.
 
 Further, Horween maintains that a substantial increase in record keeping would be required by a batch recording system for a relatively limited amount of VOM compounds and maximum actual emissions for those compounds per year. Tr. at 73, 79-80. Horween points out that only two compounds are used on multiple types of leathers manufactured at the facility, eukesolar dyes and unithane 9107. Tr. at 79-80.  
 
 By allowing modification of the finish formulation in this rulemaking, the ability of Agency and USEPA field inspectors to verify Horween’s monthly estimates of all VOM containing materials used for each of the new categories of specialty leather becomes of increasing importance. The Agency’s suggest record keeping requirements “by batch” would assist in this effort. To the extent that other means may be used to reach this goal of demonstrating compliance, the Agency’s suggested wording at 218.929(d)(3) provides Horween the opportunity to propose alternative record keeping procedures to the Agency and USEPA for approval. Tr. at 60. This is consistent with the Board’s current specialty leather provisions where the Board has designated that alternative plans are to be approved by the Agency and the USEPA. 35 Ill. Adm. Code 218.926(c).
 
The Board finds that the Agency’s request to record and report VOM content and gallons of all coatings by category and by batch are acceptable and will be included.
 

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ECONOMIC IMPACT
 

 The impetus for the Horween proposal is that the adoption of the amendments would have a beneficial economic impact by allowing them to compete in additional specialty leather markets. Horween has experienced a significant loss in revenue over the last ten years from sales of $32 million to $20 million. Tr. at 124-25. They have decreased employment from almost 200 employees in 1992 to about 140 employees at present. Tr. at 125. The anticipated increase in sales associated with production of specialty leathers permitted by this site-specific rule is $2 to $2.5 million per year. Tr. at 125.  
 

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CONCLUSION

 
 Based on the record, the Board finds that adoption of the following amendments, as requested by Horween and largely agreed to by the Illinois Environmental Protection Agency, is appropriate. The Board proposes this rulemaking for second-notice review by the Joint Committee on Administrative Review.
 

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ORDER
 

The Board directs that the following rule be filed with the Joint Committee on Administrative Rules for its second-notice review.
 

TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: EMISSIONS STANDARDS AND
LIMITATIONS FOR STATIONARY SOURCES
 
PART 218
ORGANIC MATERIAL EMISSION STANDARDS AND
LIMITATIONS FOR THE CHICAGO AREA
 
SUBPART A: GENERAL PROVISIONS

Section

 
218.100 Introduction
218.101 Savings Clause
218.102 Abbreviations and Conversion Factors
218.103 Applicability
218.104 Definitions
218.105 Test Methods and Procedures
218.106 Compliance Dates
218.107 Operation of Afterburners
218.108 Exemptions, Variations, and Alternative Means of Control or Compliance Determinations
218.109 Vapor Pressure of Volatile Organic Liquids
218.110 Vapor Pressure of Organic Material or Solvent
218.111 Vapor Pressure of Volatile Organic Material
218.112 Incorporations by Reference
218.113 Monitoring for Negligibly-Reactive Compounds
218.114 Compliance with Permit Conditions

SUBPART B: ORGANIC EMISSIONS FROM STORAGE AND LOADING OPERATIONS

Section

 
218.119 Applicability for VOL
218.120 Control Requirements for Storage Containers of VOL
218.121 Storage Containers of VPL
218.122 Loading Operations
218.123 Petroleum Liquid Storage Tanks
218.124 External Floating Roofs
218.125 Compliance Dates
218.126 Compliance Plan (Repealed)
218.127 Testing VOL Operations
218.128 Monitoring VOL Operations
218.129 Recordkeeping and Reporting for VOL Operations

SUBPART C: ORGANIC EMISSIONS FROM MISCELLANEOUS EQUIPMENT

Section

 
218.141 Separation Operations
218.142 Pumps and Compressors
218.143 Vapor Blowdown
218.144 Safety Relief Valves

SUBPART E: SOLVENT CLEANING

Section

 
218.181 Solvent Cleaning in General
218.182 Cold Cleaning
218.183 Open Top Vapor Degreasing
218.184 Conveyorized Degreasing
218.185 Compliance Schedule (Repealed)
218.186 Test Methods

SUBPART F: COATING OPERATIONS

Section

218.204 Emission Limitations
218.205 Daily-Weighted Average Limitations
218.206 Solids Basis Calculation
218.207 Alternative Emission Limitations
218.208 Exemptions from Emission Limitations
218.209 Exemption from General Rule on Use of Organic Material
218.210 Compliance Schedule
218.211 Recordkeeping and Reporting
218.212 Cross-Line Averaging to Establish Compliance for Coating Lines
218.213 Recordkeeping and Reporting for Cross-Line Averaging Participating Coating Lines
218.214 Changing Compliance Methods

218.215  Wood Furniture Coating Averaging Approach
218.216  Wood Furniture Coating Add-On Control Use
218.217  Wood Furniture Coating Work Practice Standards
 

SUBPART G: USE OF ORGANIC MATERIAL

Section

 
218.301 Use of Organic Material
218.302 Alternative Standard
218.303 Fuel Combustion Emission Units
218.304 Operations with Compliance Program

SUBPART H: PRINTING AND PUBLISHING

Section

 
218.401 Flexographic and Rotogravure Printing
218.402 Applicability
218.403 Compliance Schedule
218.404 Recordkeeping and Reporting
218.405 Lithographic Printing: Applicability
218.406 Provisions Applying to Heatset Web Offset Lithographic Printing Prior to March 15, 1996
218.407 Emission Limitations and Control Requirements for Lithographic Printing Lines On and After March 15, 1996
218.408 Compliance Schedule for Lithographic Printing On and After March 15, 1996
218.409 Testing for Lithographic Printing On and After March 15, 1996
218.410 Monitoring Requirements for Lithographic Printing
218.411 Recordkeeping and Reporting for Lithographic Printing

 

SUBPART Q: SYNTHETIC ORGANIC CHEMICAL AND POLYMER MANUFACTURING PLANT

Section

 
218.421 General Requirements
218.422 Inspection Program Plan for Leaks
218.423 Inspection Program for Leaks
218.424 Repairing Leaks
218.425 Recordkeeping for Leaks
218.426 Report for Leaks
218.427 Alternative Program for Leaks
218.428 Open-Ended Valves
218.429 Standards for Control Devices
218.430 Compliance Date (Repealed)
218.431 Applicability
218.432 Control Requirements
218.433 Performance and Testing Requirements
218.434 Monitoring Requirements
218.435 Recordkeeping and Reporting Requirements
218.436 Compliance Date

SUBPART R: PETROLEUM REFINING AND RELATED INDUSTRIES; ASPHALT MATERIALS

Section

 
218.441 Petroleum Refinery Waste Gas Disposal
218.442 Vacuum Producing Systems
218.443 Wastewater (Oil/Water) Separator
218.444 Process Unit Turnarounds
218.445 Leaks: General Requirements
218.446 Monitoring Program Plan for Leaks
218.447 Monitoring Program for Leaks
218.448 Recordkeeping for Leaks
218.449 Reporting for Leaks
218.450 Alternative Program for Leaks
218.451 Sealing Device Requirements
218.452 Compliance Schedule for Leaks
218.453 Compliance Dates (Repealed)

SUBPART S: RUBBER AND MISCELLANEOUS PLASTIC PRODUCTS

Section

 
218.461 Manufacture of Pneumatic Rubber Tires
218.462 Green Tire Spraying Operations
218.463 Alternative Emission Reduction Systems
218.464 Emission Testing
218.465 Compliance Dates (Repealed)
218.466 Compliance Plan (Repealed)

SUBPART T: PHARMACEUTICAL MANUFACTURING

Section

 
218.480 Applicability
218.481 Control of Reactors, Distillation Units, Crystallizers, Centrifuges and Vacuum Dryers
218.482 Control of Air Dryers, Production Equipment Exhaust Systems and Filters
218.483 Material Storage and Transfer
218.484 In-Process Tanks
218.485 Leaks
218.486 Other Emission Units
218.487 Testing
218.488 Monitoring for Air Pollution Control Equipment
218.489 Recordkeeping for Air Pollution Control Equipment

SUBPART V: BATCH OPERATIONS AND AIR OXIDATION PROCESSES

Section

 
218.500 Applicability for Batch Operations
218.501 Control Requirements for Batch Operations
218.502 Determination of Uncontrolled Total Annual Mass Emissions and Average Flow Rate Values for Batch Operations
218.503 Performance and Testing Requirements for Batch Operations
218.504 Monitoring Requirements for Batch Operations
218.505 Reporting and Recordkeeping for Batch Operations
218.506 Compliance Date
218.520 Emission Limitations for Air Oxidation Processes
218.521 Definitions (Repealed)
218.522 Savings Clause
218.523 Compliance
218.524 Determination of Applicability
218.525 Emission Limitations for Air Oxidation Processes
218.526 Testing and Monitoring
218.527 Compliance Date (Repealed)

SUBPART W: AGRICULTURE

Section

 
218.541 Pesticide Exception

SUBPART X: CONSTRUCTION

Section

 
218.561 Architectural Coatings
218.562 Paving Operations
218.563 Cutback Asphalt

SUBPART Y: GASOLINE DISTRIBUTION

Section

 
218.581 Bulk Gasoline Plants
218.582 Bulk Gasoline Terminals
218.583 Gasoline Dispensing Operations - Storage Tank Filling Operations
218.584 Gasoline Delivery Vessels
218.585 Gasoline Volatility Standards
218.586 Gasoline Dispensing Operations - Motor Vehicle Fueling Operations

SUBPART Z: DRY CLEANERS

Section

 
218.601 Perchloroethylene Dry Cleaners
218.602 Applicability
218.603 Leaks
218.604 Compliance Dates (Repealed)
218.605 Compliance Plan (Repealed)
218.606 Exception to Compliance Plan (Repealed)
218.607 Standards for Petroleum Solvent Dry Cleaners
218.608 Operating Practices for Petroleum Solvent Dry Cleaners
218.609 Program for Inspection and Repair of Leaks
218.610 Testing and Monitoring
218.611 Applicability for Petroleum Solvent Dry Cleaners
218.612 Compliance Dates (Repealed)
218.613 Compliance Plan (Repealed)

SUBPART AA: PAINT AND INK MANUFACTURING

Section

 
218.620 Applicability
218.621 Exemption for Waterbase Material and Heatset Offset Ink
218.623 Permit Conditions (Repealed)
218.624 Open Top Mills, Tanks, Vats or Vessels
218.625 Grinding Mills
218.626 Storage Tanks
218.628 Leaks
218.630 Clean Up
218.636 Compliance Schedule
218.637 Recordkeeping and Reporting

SUBPART BB: POLYSTYRENE PLANTS

Section

 
218.640 Applicability
218.642 Emissions Limitation at Polystyrene Plants
218.644 Emissions Testing

SUBPART CC: POLYESTER RESIN PRODUCT MANUFACTURING PROCESS

Section

 
218.660 Applicability
218.666 Control Requirements
218.667 Compliance Schedule
218.668 Testing
218.670 Recordkeeping and Reporting for Exempt Emission Units
218.672 Recordkeeping and Reporting for Subject Emission Units

SUBPART DD: AEROSOL CAN FILLING

Section

 
218.680 Applicability
218.686 Control Requirements
218.688 Testing
218.690 Recordkeeping and Reporting for Exempt Emission Units
218.692 Recordkeeping and Reporting for Subject Emission Units

SUBPART FF: BAKERY OVENS (REPEALED)

Section

 
218.720 Applicability (Repealed)
218.722 Control Requirements (Repealed)
218.726 Testing (Repealed)
218.727 Monitoring (Repealed)
218.728 Recordkeeping and Reporting (Repealed)
218.729 Compliance Date (Repealed)
218.730 Certification (Repealed)

SUBPART GG: MARINE TERMINALS

Section

 
218.760 Applicability
218.762 Control Requirements
218.764 Compliance Certification
218.766 Leaks
218.768 Testing and Monitoring
218.770 Recordkeeping and Reporting

SUBPART HH: MOTOR VEHICLE REFINISHING

Section

 
218.780 Emission Limitations
218.782 Alternative Control Requirements
218.784 Equipment Specifications
218.786 Surface Preparation Materials
218.787 Work Practices
218.788 Testing
218.789 Monitoring and Recordkeeping for Control Devices
218.790 General Recordkeeping and Reporting
218.791 Compliance Date
218.792 Registration
218.875 Applicability of Subpart BB (Renumbered)
218.877 Emissions Limitation at Polystyrene Plants (Renumbered)
218.879 Compliance Date (Repealed)
218.881 Compliance Plan (Repealed)
218.883 Special Requirements for Compliance Plan (Repealed)
218.886 Emissions Testing (Renumbered)

 

SUBPART PP: MISCELLANEOUS FABRICATED PRODUCT MANUFACTURING PROCESSES

Section

 
218.920 Applicability
218.923 Permit Conditions (Repealed)
218.926 Control Requirements
218.927 Compliance Schedule
218.928 Testing
218.929 Cementable and Dress or Performance Shoe Leather

SUBPART QQ: MISCELLANEOUS FORMULATION MANUFACTURING PROCESSES

Section

 
218.940 Applicability
218.943 Permit Conditions (Repealed)
218.946 Control Requirements
218.947 Compliance Schedule
218.948 Testing

SUBPART RR: MISCELLANEOUS ORGANIC CHEMICAL MANUFACTURING PROCESSES

Section

 
218.960 Applicability
218.963 Permit Conditions (Repealed)
218.966 Control Requirements
218.967 Compliance Schedule
218.968 Testing

SUBPART TT: OTHER EMISSION UNITS

Section

 
218.980 Applicability
218.983 Permit Conditions (Repealed)
218.986 Control Requirements
218.987 Compliance Schedule
218.988 Testing

SUBPART UU: RECORDKEEPING AND REPORTING

Section

 
218.990 Exempt Emission Units
218.991 Subject Emission Units
Section 218.Appendix A:
List of Chemicals Defining Synthetic Organic Chemical and Polymer Manufacturing
Section 218.Appendix B:
VOM Measurement Techniques for Capture Efficiency
Section 218.Appendix C:
Reference Methods and Procedures
Section 218.Appendix D:
Coefficients for the Total Resource Effectiveness Index (TRE) Equation
Section 218.Appendix E:
List of Affected Marine Terminals
 
Section 218.Appendix G:
TRE Index Measurements for SOCMI Reactors and Distillation Units
Section 218.Appendix H:
Baseline VOM Content Limitations for Subpart F, Section 218.212 Cross-Line Averaging

AUTHORITY: Implementing Section 10 and authorized by Section 28.5 of the Environmental Protection Act [415 ILCS 5/10 and 28.5].
 
SOURCE: Adopted at R91-7 at 15 Ill. Reg. 12231, effective August 16, 1991; amended in R91-24 at 16 Ill. Reg. 13564, effective August 24, 1992; amended in R91-28 and R91-30 at 16 Ill. Reg. 13864, effective August 24, 1992; amended in R93-9 at 17 Ill. Reg. 16636, effective September 27, 1993; amended in R93-14 at 18 Ill. Reg. at 1945, effective January 24, 1994; amended in R94-12 at 18 Ill. Reg. at 14973, effective September 21, 1994; amended in R94-15 at 18 Ill. Reg. 16392, effective October 25, 1994; amended in R94-16 at 18 Ill. Reg. 16950, effective November 15, 1994; amended in R94-21, R94-31 and R94-32 at 19 Ill. Reg. 6848, effective May 9, 1995; amended in R94-33 at 19 Ill. Reg. 7359, effective May 22, 1995; amended in R96-13 at 20 Ill. Reg. 14428, effective October 17, 1996; amended in R97-24 at 21 Ill. Reg. 7708, effective June 9, 1997; amended in R97-31 at 22 Ill. Reg. 3556, effective February 2, 1998; amended in R98-16 at 22 Ill. Reg. 14282, effective July 16, 1998; amended in R02-20, at_______Ill. Reg____, effective_______.
 
BOARD NOTE: This Part implements the Environmental Protection Act as of July 1, 1994.
 



Section 218.112 Incorporations by Reference
 
The following materials are incorporated by reference and do not contain any subsequent additions or amendments.
a)  American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103:

1) ASTM D2879-86
2) ASTM D323-82
3) ASTM D86-82
4) ASTM D-369-69 (1971)
5) ASTM D-396-69
6) ASTM D2880-71
7) ASTM D-975-68
8) ASTM D3925-81 (1985)
9) ASTM E300-86
10) ASTM D1475-85
11) ASTM D2369-87
12) ASTM D3792-86
13) ASTM D4017-81 (1987)
14) ASTM D4457-85
15) ASTM D2697-86
16) ASTM D3980-87
17) ASTM E180-85
18) ASTM D2372-85
19) ASTM D97-66
20) ASTM E-168-67 (1977)
21) ASTM E-169-87
22) ASTM E-260-91
23) ASTM D2504-83
24) ASTM D2382-83
25) ASTM D323-82 (approved 1982)
26) ASTM D2099-00

b)  Standard Industrial Classification Manual, published by Executive Office of the President, Office of Management and Budget, Washington, D.C., 1987.
c)  American Petroleum Institute Bulletin 2517, "Evaporation Loss From Floating Roof Tanks", Second ed., February 1980.
d)  CFR Part 60 (July 1, 1991) and 40 CFR 60, Appendix A, Method 24 (57 FR 30654, July 10, 1992).
e)  CFR Part 61 (July 1, 1991).
f)  CFR Part 50 (July 1, 1991).
g)  CFR Part 51 (July 1, 1991).
h)  CFR Part 52 (July 1, 1991).
i)   CFR Part 80 (July 1, 1991) and 40 CFR Part 80 Appendixes D, E, and F (July 1, 1993).
j)  "A Guide for Surface Coating Calculation", United States Environmental Protection Agency, Washington, D.C., EPA-340/1-86-016.
k)  "Procedures for Certifying Quantity of Volatile Organic Compounds Emitted by Paint, Ink and Other Coating", (revised June 1986), United States Environmental Protection Agency, Washington D.C., EPA-450/3-84-019.
l)  "A Guide for Graphic Arts Calculations", August 1988, United States Environmental Protection Agency, Washington D.C., EPA-340/1-88-003.
m)  "Protocol for Determining the Daily Volatile Organic Compound Emission Rate of Automobile and Light-Duty Truck Topcoat Operations", December 1988, United States Environmental Protection Agency, Washington D.C., EPA-450/3-88-018.
n)  "Control of Volatile Organic Emissions from Manufacturing of Synthesized Pharmaceutical Products", United States Environmental Protection Agency, Washington, D.C., EPA-450/2-78-029.
o)  "Control of Volatile Organic Compound Leaks from Gasoline Tank Trucks and Vapor Collection Systems", Appendix B, United States Environmental Protection Agency, Washington, D.C., EPA-450/-78-051.
p)  "Control of Volatile Organic Compound Emissions from Large Petroleum Dry Cleaners", United States Environmental Protection Agency, Washington, D.C., EPA-450/3-82-009.
q)  "APTI Course SI417 Controlling Volatile Organic Compound Emissions from Leaking Process Equipment", United States Environmental Protection Agency, Washington, D.C., EPA-450/2-82-015.
r)  "Portable Instrument User's Manual for Monitoring VOC Sources", United States Environmental Protection Agency, Washington, D.C., EPA-340/1-86-015.
s)  "Protocols for Generating Unit-Specific Emission Estimates for Equipment Leaks of VOC and VHAP", Unites States Environmental Protection Agency, Washington, D.C., EPA-450/3-88-010.
t)  "Petroleum Refinery Enforcement Manual", United States Environmental Protection Agency, Washington, D.C., EPA-340/1-80-008.
u)  "Inspection Manual for Control of Volatile Organic Emissions from Gasoline Marketing Operations: Appendix D", United States Environmental Protection Agency, Washington, D.C., EPA-340/1-80-012.
v)  "Control of Hydrocarbons from Tank Truck Gasoline Loading Terminals: Appendix A", United States Environmental Protection Agency, Washington, D.C., EPA-450/2-77-026.
w)  "Technical Guidance-Stage II Vapor Recovery Systems for Control of Vehicle Refueling Emissions at Gasoline Dispensing Facilities", United States Environmental Protection Agency, Washington, D.C., EPA-450/3-91-022b.
x)  California Air Resources Board, Compliance Division. Compliance Assistance Program: Gasoline Marketing and Distribution: Gasoline Facilities Phase I & II (October 1988, rev. November 1993) (CARB Manual).
y)  South Coast Air Quality Management District (SCAQMD), Applied Science & Technology Division, Laboratory Services Branch, SCAQMD Method 309-91, Determination of Static Volatile Emissions.
z)  South Coast Air Quality Management District (SCAQMD), Applied Science & Technology Division, Laboratory Services Branch, SCAQMD Method 312-91, Determination of Percent Monomer in Polyester Resins.
 
(Source: Amended at      , effective      )
 
Section 218.929  Cementable and Dress or Performance Shoe Leathers
 

 
a) The rule requirements of this Section apply to a leather manufacturing facility located at 2015 North Elston Avenue, Chicago, Illinois. The VOM emission limits set forth in this Section shall only apply to the following types of select grade of chrome tanned, bark/polymer retanned specialty leathers:
 
1) Cementable Shoe Leather is leather which is:
 
A) Hot stuffed without the presence of water, fat liquored or wet stuffed by direct contact with wax, grease, polymers and oils in liquefied form at elevated temperatures. The content of wax, grease, polymers and oils embedded into the leather shall be over 12 percent but less than 25 percent by weight, measured on a dry weight basis. Applicable leathers shall be determined using the equation below:

       12% < P < 25%
 

        
Where:

P =  W\L x 100 
 
P = percent content of wax, grease, polymer, and oils

W = weight of wax, grease, polymers and oils in pounds added to the leather
 
L = dry weight of the leather in pounds before addition of wax, greases, polymers and oils.
  
B) Finished with coating materials which adhere to the leather surface that feels oily; and
C) Used primarily for manufacture of shoes and cannot meet the definition for specialty leather pursuant to 35 Ill. Adm. Code Section 211.6170.
 
2) Dress or Performance Shoe Leather is leather which is:
  
A) Finished with coating materials containing water emulsified materials using water miscible solvent materials to protect the leather and pigmented coating; and
B) Used primarily for manufacture of sewn shoes where the leather must be capable of soaking with a fine, dressy finish that cannot meet the lbs. per gallon VOM limitations set forth in Section 218.926 of this Subpart and cannot meet the definition for specialty leather pursuant to 35 Ill. Adm. Code Section 211.6170.
  
3) The requirements of this Section do not apply to the production of those specialty leathers that meet the definition of specialty leathers pursuant to 35 Ill. Adm. Code 211.6170 or to the production of leathers that can meet the control requirements of Section 218.926 of this Subpart.
4) The 10-ton exemption for stain pursuant to Section 218.926(b)(2)(i) of this Subpart does not apply to leathers produced pursuant to the requirements of this Section.
 
b) The production of specialty leather as defined in subsection (a) of this Section is subject to the following limitations:
1) For both water resistant and non-water resistant leathers, the leather will be designated as water resistant or non-water resistant in the shipping room by using ASTM D 2099-00, as incorporated by reference in Section 218.112 of this Part.

 

 
2) For non-water resistant leathers, the total VOM emissions shall not exceed 14.0 lbs VOM/1,000 square feet of leather produced on a 12-month rolling average basis.
 
3) For water resistant leathers, the total VOM emissions shall not exceed 24.0 lbs VOM/1,000 square feet of leather produced on a 12-month rolling average basis.
 
4) The total emissions of VOM from leathers produced pursuant to the emission limits in this Section shall not exceed 20 tons per year.
 
c) The owner or operator shall comply with their approved standard operating and maintenance procedures (SOMP). The SOMP will contain the following elements:
   
1) A procedure to minimize the volatilization of solvents during the measuring of coating proportions and/or mixing of coatings.
2) A procedure to minimize VOM fugitive losses from the coating and solvent storage rooms. Procedures should include methods of securely sealing containers and methods to clean up accidental spills.
3) A procedure to minimize solvent usage or VOM losses during equipment cleanup and during transport (including the transferring of coatings from the mixing areas to the coating lines).
 
d ) Owner or operator shall perform the reporting and record keeping consistent with the requirements of Section 218.929 of this Subpart and Section 39.5 of the Act (415 ILCS 5/39.5), and shall include at a minimum the following:
  
1) The VOM content and gallons of each coating and the total pounds of VOM of all coatings applied to each category of leather, e.g., cementable non-water resistant, dress water resistant, by batch during each month; and
2) The total area of each category of leather produced during the month based on the number of items produced and the area of such items, measured or established in accordance with procedures set forth in a federally enforceable permit.
 
3) Notwithstanding the requirements of subsections (d)(1) and (d)(2) of this Section, the owner or operator may comply with an equivalent alternative plan for reporting and record keeping that has been approved by the Agency and the USEPA in a federally enforceable permit or as a SIP revision

(Source: Amended at___________, effective_____________)
 
IT IS SO ORDERED.

 
 I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board adopted the above opinion and order on December 5, 2002, by a vote of 6-0.
 
             
             Dorothy M. Gunn, Clerk
             Illinois Pollution Control Board

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