ILLINOIS POLLUTION CONTROL BOARD

August 14,

1986

IN THE MATTER OF:

)

PARTICULATE EMISSION LIMITATIONS,

)

R82—1 (Docket B)

RULE

203(g)(1)

AND

202(b) OF

)

CHAPTER 2

)

PROPOSED RULE.

THIRD FIRST NOTICE.

PROPOSED OPINION AND ORDER OF THE BOARD

(by 3. D. Dumelle):

On March 14, 1986,

the Board adopted an Interim Order

in

R82—1 separating

that proceeding into two dockets: Docket A:

Particulates and Docket

B: Opacity.

At that time the Board

intended

to proceed to second notice on the particulate rules

while further considering the opacity rules.

However, the Joint

Committee on Administrative Rules

(JCAR)

refused

to allow the

Board to proceed

in that manner.

Therefore, on May 9, 1986,

the

Board adopted

a Fourth Second Notice order

including both the

opacity and the particulate

rules.

Second notice was received by JCAR on May 16, 1986,

and was

considered

by JCAR on June 23, 1986,

at which

time it objected

to

each of the opacity rules but none of the particulate rules.

In

response the Board determined

that it would withdraw the opacity

rules but proceed

to adopt and file the particulate

rules.

The

Board adopted

a Resolution and Order

to that effect on July 2,

1986,

and indicated that

a new first

notice order would be

adopted concerning

the opacity rules in the near future under

Docket

B.

This

is that notice.

Several

issues remain following the Fourth Second Notice

Order based upon comments which have been received by the

Board.

These include the following:

Whether “Reasonable Time” should be defined in Section

212.124(c)

now

renumbered

as subsection

(d)

.

This has been

suggested by Commonwealth Edison,

the United States Envrioninental

Protection Agency (USEPA)

and JCAR,

but opposed by the Illinois

Environmental Protection Agency.

It was considered at hearing

but the Board has found

it difficult to fashion appropriate

language.

Whether “Similar Operating Conditions”

should be defined in

that same section.

USEPA and JCAR also recommend this while the

Agency opposes

it.

Again,

the Board has been unable to fashion

appropriate language despite hearing testimony on this issue.

72-61

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—2—

Whether the 60

limitation of Section 2l2.126(d)(2) should

be eliminated.

Commonwealth Edison has questioned the support

for that limitation.

Whether the Board should add

a requirement to Section

212.124(c)

that in a subsequent performance test to

be used as

a

defense

to violation of the opacity standard the opacity must

equal

or exceed that occurring at the time of the alleged

violation.

The Agency and USEPA argue that such a requirement

is

necessary for federal approval.

Commonwealth Edison has argued

that the vagaries of opacity would undermine the defense

if that

language

is added.

The Board accepted Commonwealth Edison’s

argument

in

its Fourth Second Notice

(May 9, 1986,

p.3), but has

reversed itself here and accepted the Agency’s language since,

as

USEPA points out,

“a source could conceivably operate the control

device only during

stack tests under Section 214.124(c) and never

pay a fine for

an opacity violation.”

(P.C.

no.

38, p.3).

Whether standards must be added

to Section 212.126(b)

and

(d) regarding when the Agency may refuse

to accept test results

which were conducted without prior

review and approval and how

deficiencies

in proposed test specifications and procedures will

be determined.

This has not been specifically addressed but

served as one of JCAR’s bases

for objection

to this section.

whether levels of justification must be established under

Section 212.126(1)

regarding how the factors of Section 27(a)

of

the Illinois Environmental Protection Act will be considered in

deciding whether

to adopt an adjusted standard.

JCAR has

argued

that this is necessary.

Whether process sources have been improperly excluded from

the adjusted standards procedure of Section 212.126.

The

Illinois Manufacturer’s Association has suggested that it

is

improper

to modify the opacity limitations for process sources

without allowing them this relief.

The Board agrees and has

proposed amendments

to the rules to remedy this.

The Board believes that each

of

these issues

are worthy of

additional consideration and invites further comment and

testimony on them.

The Board has modified the proposal

by adding a new Section

212.124(c)

to refer

to the adjusted standard procedure as an

exception to the otherwise applicable opacity limitations and has

renumbered formerly proposed subsection

(C)

to

(d).

The Board

has made other relatively minor changes

in response to JCAR

comments and objections to Sections 212.124(d)

and 212.l26(a)(2)

and typographical corrections.

72.62

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—3—

ORDER

The Board hereby proposes the following amendments

for first

notice:

TITLE

35: ENVIRONMENTAL PROTECTION

SUBTITLE B: AIR POLLUTION

CHAPTER

I: POLLUTION CONTROL BOARD

SUBCHAPTER

C:

EMISSION STANDARDS AND LIMITATIONS FOR

STATIONARY SOURCES

PART 212: VISUAL

AND

PARTICULATE MATTER EMISSIONS

SUBPART

B: VISUAL EMISSIONS

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).

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Section 212.123

Limitations for All Other Sources

a)

No person shall

cause or allow the emission of smoke or

other particulate matter,

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an opacity greater

than 30 percent,

into the atmosphere from any emission

source other

than those sources subject

to Section

212.122.

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 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.

Section 212.124 Exceptions

a)

Startup.

Sections 212.122 and 212.123 shall

apply

during times of startup except as provided in the

operating permit

in 35 Ill.

Adm. Code 201.

72-63

---

—4—

b)

Emissions of water

and water

vapor.

Sections 212.122

and 212.123 shall not apply

to emissions of water

or

water

vapor from an emission source.

C)

Adjusted standards.

An emission source which has

obtained an adjusted opacity standard pursuant

to

Section 212.126 shall

be subject

to that standard

rather than the limitations of Section 212.122 or

212.123.

d)

Compliance with the particulate

regulations of this

Part a defense.

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1)

An exceedance of the limitations of Sections

212.122 and 212.123

is prima facie evidence of

a

violation of the applicable particulate

limitations

of this Part.

It shall be

a defense

to

a violation of the applicable particulate

limitations if, during

a subsequent performance

test conducted within

a

reasonable time, under

similar operating conditions,

and

in accordance

with Section 212.110,

the owner

or operator shows

that the source

is

in compliance with the mass

emission limitations.

2)

It shall be a defense

to an exceedance of the

opacity limit

if, during a subsequent performance

test conducted within

a reasonable

time, under

similar operating conditions,

and

in accordance

with Section 212.110,

the owner

or operator

shows

that the source

is

in compliance with the

allowable mass emissions limitation while,

simultaneously,

having visible emissions equal

to

or greater

than the opacity exceedance

as

originally observed.

Section 212.126

Adjusted Opacity Standards Procedures

a)

Pursuant

to Section 28.1 of the Act, adjusted visible

emissions standards for emission sources subject

to

either Section 212.122

or

212.123 shall be granted by

the Board to the extent consistent with federal law

based upon

a demonstration by such

a source that

the

results of

a performance test conducted pursuant

to

this Section and Section 212.110

show that the source

meets

the applicable particulate mass emissfon

limitations

at the same time that the visual emissions

72-64

---

—5—

exceed

the otherwise applicable standards.

Such

adjusted opacity limitations:

1)

Shall

be specified as

a condition

in operating

permits

issued pursuant to

35

Ill. Adm. Code 201

2)

Shall substitute

for that limitation otherwise

applicable

3)

Shall not allow an opacity greater than

60 percent

at any time;

and

4)

Shall allow opacity for one six—minute averaging

period_in_any 60 minute period

to exceed the

adjusted opacity standard.

b)

For the purpose of establishing

an adjusted opacity

standard,

any owner

or operator

of an emission source

which meets

the requirements of subsection

(a),

above,

may request the Agency to determine the average opacit~y

of the emissions from the emission source during any

performance

test(s)

conducted

pursuant

to

Section

212.110.

The Agency may refuse

to accept the

results

of emissions tests conducted pursuant

to this Section

which are conducted without prior review and approval

of the test specifications and procedures by the

Agency.

c)

Any

request

for

the

determination

of

the

average

ppacity

of emissions shall

be made in writing,

including all

test specifications and procedures,

and

submitted to the Agency at least thirty days before the

proposed test date.

di

The Agency will advise

the owner

or operator of an

emission source which has

requested an opacity

determination of any deficiencies

in the proposed test

specifications

and

procedures

as

expeditiously

as

practicable

but

no

later

than

20

days

prior

to

the

proposed

test

date

so

as

to

minimize

any

disruption

of

the

proposed

testing

schedule.

e)

The owner or operator shall give written notice

to the

Agency of the

time and place

of the performance test at

least 10 days prior

to the date

of that test and shall

allow Agency personnel

to be present during that test.

f)

The method for determining

an adjusted opacity standard

is

as

follows:

1)

A minimum of

60 consecutive minutes of opacity

readings obtained

in accordance with USEPA Test

72-65

---

—6—

Method

9,

(35 Ill.

AdTn.

Code 230,

Appendix

A),

shall

be taken during each sampling run.

Therefore,

for each performance

test

(which

normally consists of three sampling runs),

a total

of three sets of opacity readings totaling three

hours or more shall be obtained.

2)

After

the results of the performance tests are

received from the emission source,

the status of

compliance with

the applicable mass emission

limitation shall

be determined

by the Agency.

In

accordance with USEPA Test Method

5

(35 Iii.

Adm.

Code 230, Appendix A),

the average of the results

of the

three sampling runs must be less than the

allowable mass emission rate

in order

for the

source

to be considered

in compliance.

If

compliance

is demonstrated, then only those test

runs with results which are less than the

allowable mass emission rate shall be considered

as acceptable

test runs for

the purpose of

establishing

an adjusted opacity standard.

3)

The opacity

readings for each acceptable sampling

run shall be divided into sets of

24 consecutive

readings.

The average opacity for each set

shall

be determined by dividing the sum of the

24

readings within each set by

24.

4)

The second highest six—minute average shall be

selected

as

the adjusted opacity standard.

ii.

The owner

or operator shall

submit

a written report of

the results

of the performance test to the Agency at

least 30 days prior

to filing

a petition for

an

adjusted standard with the Board.

h)

If, upon review of such owner’s or operator’s written

report of the results of the performance test(s),

the

Agency determines

that the emission source

is

in

compliance with all applicable emission limitations

for

which the performance

tests were conducted, but fails

to comply with the requirements

of Section 212.122

or

212.123, the Agency shall notify the owner

or operator

as expeditiously as practicable,

but no later than

20

days after receiving the written report,

that it will

support the owner

or operator

in

a petition to the

Board to establish an adjusted opacity standard for the

emission source.

1)

The owner

or operator may petition the Board for

an

adjusted visible

emission standard either jointly with

72.66

---

—7—

the Agency or singly.

Ten copies of such petition

shall

be filed with

the Clerk of the Board.

The

petition shall

include the following information:

1)

A description of the business or activity of the

petitioner,

including its location and relevant

pollution control equipment

2)

The quantity and type of materials discharged from

the process

or activity for which the adjusted

standard

is requested

3)

A copy of any correspondence between the

petitioner

and the Agency regarding the

performance

test(s) which form the basis

of the

adjusted standard request

4)

A copy of the written report submitted to the

Agencypursuant to subsection

(g) above

5)

A statement

that the performance test(s) were

conducted

in accordance with the conditions and

procedures accepted by the Agency pursuant

to

Section 212.110

6)

A statement regarding the specific limitation

requested;

and

7)

A statement

as

to whether the Agency supports the

requested adjusted standard.

ii

The Clerk

shall give notice

of the petition and shall

schedule

a hearing

in accordance with 35

Ill. Adm. Code

103.

The hearing shall be held

in accordance with 35

Ill Adm. Code 103.

k)

In order

to qualify for

an adjusted standard the owner

or operator must prove

in

an adjudicative hearing

before

the Board:

1)

That the performance test(s) were conducted in

accordance with

the conditions and procedures

accepted by the Agency pursuant

to Section

212.110

2)

That the emission source and associated air

pollution control equipment were operated and

maintained

in

a manner so as

to minimize the

opacity of

the emissions during the performance

test(s);

and

72-67

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—8—

3)

That the proposed adjusted opacity

standard was

determined

in accordance with subsection

(f).

1)

In considering the proposed petition for

an adjusted

standard and the hearing record,

the Board

shall

take

into account

the factors contained in Section 27(a~of

the Act.

The Board shall issue and enter

a written

opinion stating the facts and reasons leading to its

decision on the petition for

an adjusted standard.

in)

The Board shall

issue and enter such orders concerning

the petition for an adjusted standard as are

~ppropriate for the reasons stated

in its written

opinion.

Such appropriate orders may include but are

not limited

to orders accepting or

rejecting

the

requested limitation,

directing that further hearings

be held

to develop further information or

to cure any

procedural defects,

or remanding

the

petition

to the

petitioner with suggested revisions.

Another

hearing

shall

be held on any revised petition.

n)

Nothing

in this Section shall

impair any rights

authorized by the Act or Board Regulations that the

owner

or operator or any other person may have

to

initiate or participate in any proceeding before

the

Board,

including general

or site—specific regulatory,

variance,

or permit proceedings.

However, Agency

determinations made pursuant

to Section 212.126(b) may

not be appealed to the Board.

IT IS SO ORDERED.

I, Dorothy

M. Gunn,

Clerk of the

Illinois

Pollution Control

Board, hereby certify that the above 0p,nion and Order was

adopted

on

the

—

day

of

_____________,

1986

by

a

vote

of

~ -b

.

torothy

Y~.G~inn, Clerk

Illinois Pollution Control Board