ILLINOIS POLLUTION CONTROL BOARD
March 20, 1997
IN THE MATTER OF:
LISTING OF FEDERAL HAZARDOUS AIR
POLLUTANTS, GREAT LAKES
COMMISSIONS TOXIC COMPOUNDS
AND GREAT WATERS PROGRAM TOXIC
COMPOUNDS, AND SOURCE
REPORTING FOR ILLINOIS TOXIC AIR
CONTAMINANTS: AMENDMENTS TO 35
ILL. ADM. CODE 232
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R96-4
(Rulemaking - Air)
Proposed Rule.
Second Notice.
OPINION AND ORDER OF THE BOARD (by J. Yi):
Pursuant to Sections 9.5, 27 and 28 of the Environmental Protection Act (Act) (415
ILCS 5/9.5, 27 and 28), the Illinois Environmental Protection Agency (Agency) filed this
rulemaking proposal on October 13, 1995. In addition to the proposal the Agency filed a
motion to waive certain filing requirements, to expedite the hearing process and to consolidate
R90-1(C), In the Matter of: Toxic Air Contaminant List (35 Ill. Adm. Code 232); Reporting
Requirements for Emission Sources and R90-1(D), In the Matter of: Toxic Air Contaminant
List, Styrene (35 Ill. Adm. Code 232.Appendix A), into this proceeding.
In our order of November 2, 1995 we granted the Agency's motions and found that the
filing met the requirements of Sections 27 and 28 of the Act. The Board also accepted this
matter for hearing and directed the hearing officer to set this matter for hearing. Additionally,
the Board, in separate orders closed the dockets in both R90-1(C) and (D).
On January 9, 1997 the Board adopted an interim opinion and order proposing a
Second Notice for further comments. Commentators Goodwin and Broms, Inc., Illinois
Fertilizer and Chemical Association and Illinois Steel Group had requested to comment after
the Board adopted the proposed rule for Second Notice. Since the Illinois Administrative
Procedure Act does not allow the Board to make changes after it adopts a proposed rule for
Second Notice and due to the numerous substantive comments, the Board found that proposing
a Second Notice for comment prior to adopting a Second Notice was appropriate in this case.
The Board allowed public comments on the proposed Second Notice to be filed until February
14, 1997. As discussed more fully below the Board received three public comments pursuant
to the January 9, 1997 interim opinion and order.
The Board held two hearings in this matter. The first hearing was held on February
23, 1996 in Springfield, Illinois. The second hearing was held on April 9, 1996 in Chicago,
Illinois. The post-hearing comment period ended May 17, 1996.
2
On August 1, 1996, the Board sent this rulemaking proposal for First Notice. Pursuant
to Section 5.01 of the Illinois Administrative Procedure Act (IAPA) and Section 102.342 of
the Board's procedural rules, the 45-day public comment period commenced upon publication
of the August 1 opinion and order in the Illinois Register, during which the Board accepted
written comments. The Board received 14 comments in that time period. The public
comments are listed below:
#4
1
Comments of Goodwin and Broms, Inc. (GBI) submitted by Daniel Goodwin,
President
#5
Comments of the Illinois Fertilizer and Chemical Association (IFCA) submitted
by Victor J. Thompson, Vice President
#6
Comments of the Chemical Industry Council of Illinois (CICI) submitted by
Mark Homer
#7
Comments of Growmark, Inc. submitted by Danny Vest, Manager, Regulatory
Services
#8
Comments of the Illinois Environmental Regulatory Group (IERG)
#9
Comments of the Illinois Pest Control Association (IPCA) submitted by Dwight
Dunbar, Governmental Affairs Consultant
#10
Comments of the Illinois Steel Group (ISG) submitted by David Rieser, Ross &
Hardies
#11
Comments of the Styrene Information and Research Center (SIRC) submitted by
David Rieser, Ross & Hardies
#12
Comments of the Illinois Farm Bureau (IFB) submitted by Nancy Erickson
#13
Comments of Mobil Oil Corporation (Mobil) submitted by Robert S. Elvert,
Midwest State Regulatory Advisor
#14
Comments submitted on behalf of Illinois Environmental Protection Agency
(IEPA or Agency) submitted by Christina L. Archer
1
The Board received three public comments prior to going to First Notice therefore the public
comments received after First Notice begin with number four (4). Additionally, the Board
received a filing from the American Lung Association prior to First Notice which did not
receive a public comment number.
3
#15
Comments on behalf of the Illinois Beef Association (IBA) submitted by Bill
Engelbrecht, President
#16
Comments of Trade Waste Incineration (TWI) submitted by Arlene Lyons,
Environmental, Health and Safety Manager
#17
Comments by the Illinois Farmers Union (IFU) submitted by Larry Quandt,
President
Additionally, the Board received a public comment from C.B. Winkel of Catepillar Inc. (P.C.
#18) on November 25, 1996 after the public comment period for First Notice had ended.
However, the Board will consider these comments due to the interim opinion and order of
January 9, 1997 establishing a second public comment period.
Finally, the Board received three public comments pursuant to our January 9, 1997
interim opinion and order. They are from Wendell A. Dickson of BASF Corporation (P.C.
#19) on January 13, 1997, Victor J. Thompson of IFCA (P.C.#20) on February 13, 1997, and
Laurel Kroack of the Agency (P.C.#21) on February 14, 1997. All the public comments will
be discussed more fully in the opinion section entitled "Summary of Public Comments" at page
6.
For reasons fully discussed below the Board today adopts the proposed rule for Second
Notice.
PURPOSE OF THE PROPOSAL
The Agency's proposal has two main purposes, both of which are connected to the
Illinois' Toxic Air Contaminant (ITAC) list. First, the proposal updates the ITAC list by
adding chemicals or substances to 35 Ill. Adm. Code Appendix A that have been either listed
as federal Hazardous Air Pollutants (HAPs) under Section 112(b) of the Clean Air Act (CAA)
as amended in 1990, or targeted as chemicals or compounds of concern under the United
States Environmental Protection Agency's (USEPA) "Great Waters" program under Section
112(m) of the CAA. In addition to updating the ITAC list, the proposal requires all sources
which meet the applicability criteria to submit an ITAC Source Report (emissions report) for
the calendar year 1996. Finally, the proposal corrects typographical errors which appear in
the current ITAC list.
SUMMARY OF PROPOSED AMENDMENTS
This portion of the opinion will discuss the proposed amendments to 35 Ill. Adm. Code
232 section by section as they appeared after the Board adopted a First Notice.
Section 232.120 Definitions
4
The proposed amendments to Section 232.120 delete definitions no longer applicable to
this Part as a result of revisions to 35 Ill. Adm. Code 211 and add definitions for “commercial
fuel”, “Illinois Toxic Air Contaminant”, “ITAC Source Report”, “manufacture”, “otherwise
use”, “prices”, and “Toxic Air Contaminant” (TAC). The definition of “commercial fuel” is
necessary because Section 9.5(e)(3) of the Act exempts emissions of ITACs from combustion
processes using commercial fuel from the source reporting requirements. The definitions of
“manufacture”, “otherwise use” and “process” are added to address applicability thresholds.
These definitions are identical in substance to those in Section 313 of the Emergency Planning
and Community Right-to Know Act, Title III of Superfund Amendments and Reauthorization
Act of 1986 (SARA Section 313) (42 U.S.C. 11001
et seq
.) The definitions of ITAC and
TAC are added to delineate only those chemicals listed in Appendix A that are subject to this
proposal. “ITAC Source Report” is added as a definition to address what information is
required to be reported under this proposal.
Section 232.120 is revised to delete the definitions of “New emission source” and
“Process unit” since these definitions were inconsistent with, or are no longer necessary
because of, earlier revisions to Part 211 that resulted from another rulemaking.
The Agency’s proposal to the Board suggests that the definition of “‘Emits’ or
‘Emissions’ or ‘Emitted’”, be deleted because of earlier revisions to Part 211. However the
definition of “‘Emits’ or ‘Emissions’ or ‘Emitted’”, contains the definition of “Fugitive
emission” which is not defined in either Part 201 or 211. The definition of “Fugitive
emission” appears only at Section 203.124. Since Parts 201 and 211 do not contain a
definition of “Fugitive emission”, the definition of “‘Emits’ or ‘Emissions’ or ‘Emitted’” is
deleted, but the definition for “Fugitive emission” is retained.
Subpart D: Source Identification Requirements
Sections 232.400 through 232.460 contain the requirements relating to source
reporting. Section 232.400 states the purpose of Subpart D.
Section 232.410(a) provides the applicability threshold which is any source that
manufactures, processes, or imports 25,000 lbs. or more of any individual ITAC in any
calendar year, or otherwise uses 10,000 lbs. of any individual ITAC in any calendar year.
Section 232.410(b) lists those processes or operations that are not subject to Subpart D, and
incorporates the exemptions in Section 9.5(e) of the Act. Section 232.410(c) provides for an
additional applicability threshold, beyond the threshold in Section 232.410(a).
Section 232.420 provides that the Agency will supply to all sources expected to be
affected by this proposal an ITAC Source Report that contains all the data fields required by
Subpart D. This report is designed to assist affected sources in complying with the
requirements of Subpart D, although the information need not be submitted on this form. The
ITAC Source Report form is similar to the form being utilized in SARA Section 313.
5
Section 232.421 requires that all emission reports submitted pursuant to Subpart D be
certified, and specifies the criteria for a certifying individual, as well as the required
certification.
Section 232.423 provides that the failure of an affected source to receive an ITAC
Source Report from the Agency does not relieve a source from the obligation to file an
emissions report.
Section 232.430(a) specifies the date by which a source must file an emissions report
and lists the information required to be submitted. Section 232.430(b) lists which emissions of
ITACs are considered to be
de minimis
and therefore not subject to reporting. Section
232.430(c) specifies the date for reporting for sources that become subject to this proposal
after January 1, 1996. Section 232.430(d), (e), and (f) list when a source must submit a
revised emissions report to the Agency.
Section 232.440 allows a source to use engineering estimates to determine emissions if
the type of estimate is reasonable, is specified and is the best information available. The
Section also notes that this Subpart does not require additional monitoring or testing in
connection with these emissions reports.
Section 232.450(a) provides that the Agency may request additional information
beyond that initially submitted or specified in Section 232.430. Section 232.450(b) specifies
that a source must retain records upon which the data included in the emissions report is based
for a minimum period of three years, and must make these records available to the Agency
upon request.
Section 232.460 requires a source to correct any errors in the data previously submitted
within 60 days of discovering such error.
Subpart E: Listing and Delisting
Section 232.501 contains an explanation for the inclusion of the chemicals and
compound listed as HAPs under Section 112(b) of the CAA and for the inclusion of the “Great
Waters” program targeted compounds under Section 112(m) of the CAA, and that these new
compounds are exempt from the listing requirements of Section 232.500(b).
Section 232.Appendix A List of Toxic Air Contaminants
Appendix A has been amended to add the HAPS and Great Waters TACs not
previously listed, and to denote the compounds as either HAPs, Great Water TACs, or both.
Furthermore, Appendix A has also been revised to correct typographical errors and errors in
the Chemical Abstract Service (CAS) numbers for previously listed chemicals.
SUMMARY OF PUBLIC COMMENTS
6
The following is a summary of the public comments as they relate to the sections of the
proposal after the Board adopted a First Notice and the Board's responses.
Section 232.120: Definitions
Goodwin & Broms, Inc. (GBI) requests that the Board change the definition (b) of
“commercial fuel” to include liquid fuel because it believes there is no distinction between
gaseous and liquid by-product fuel. The Agency agrees that there is no need to differentiate
between gaseous and liquid by-product fuel in this rule. However, the Agency also states that
it concurs with the requested change as long as a permit is required to use liquid by-product.
The Board agrees that there is no need to differentiate between liquid and gaseous by-
product. Accordingly, the Board has made changes to the definition of “commercial fuel” to
include liquid fuel. Based on the record, the Board also agrees with the Agency that an Air
Permit is required for construction and operation of emission sources pursuant to 35 Ill. Adm.
Code Part 200
et. seq.
that utilize liquid by-product fuel.
The Agency requests that the Board change the definition of "ITAC" to include the
citation to Coastal Waters Program in order to reflect that Section 112(m) of the CAA requires
USEPA to monitor atmospheric deposition of hazardous air pollutants to the Great Lakes,
Chesapeake Bay, Lake Champlain and coastal waters. The Board agrees with the Agency and
has made the suggested change.
The Agency also requests the Board to make the following changes to address some
typographical errors in the following definitions:
◊
“LC50”: where it says “50 per cent” it should say “fifty percent (0.50)."
◊
“LD50”: where it says “50 per cent” it should say “fifty percent (0.50)."
◊
“Manufacture”: “35 Ill. Adm Code” should be deleted.
◊
“Otherwise Use”: “35 Ill. Adm. Code” should be deleted.
◊
“Process”: “35 Ill. Adm. Code” should be deleted.
◊
“Toxic Air Contaminant”: “Section 232” should be deleted.
The Board accepts these non-substantive changes and are reflected in today's order.
Subpart D: Source Identification Requirements
The Board finds that the title of Subpart D should be amended to reflect that it contains
reporting requirements. Therefore the Board changes the title to "Source Identification and
Reporting Requirements". This change is reflected in today's order.
Section 232.410: Applicability
7
A majority of the public comments were concerned with the applicability of the new
rules pertaining to agrichemical facilities. (See the comments by GBI, Illinois Fertilizer &
Chemical Association (IFCA), Chemical Industry Council of Illinois (CICI), Growmark, Inc ,
Illinois Farm Bureau (IFB), Illinois Beef Association (IBA), and the Illinois Farmers Union
(IFU)). The Agency agreed with the above public comments and to address the commentators'
concerns provided the following amendatory language which would exclude agrichemical
facilities from the source identification requirements of Subpart D:
232.410(b)(5) Components of Commercial and Non-Commercial agrichemical facility
operations that are permitted under 8 Illinois Administrative Code 255 by the
Department of Agriculture and endorsed by the Agency pursuant to Section 39.4 of the
Act.
232.410(b)(6) Farm storage or application of agricultural chemicals and distribution
facilities not covered by 8 Illinois Administrative Code 255 used for the storage or
distribution of agricultural chemicals.
The Board accepts the proposed amendments to the rule and has included this
language in today's order.
IFCA's P.C.#20 filed after the issuance of the interim opinion and order
of January 9, 1997 states that it accepts the above changes to Section 232.410.
Illinois Pest Control Association (IPCA) requests the Board to clarify the applicability
of the proposed rules so that the application of registered pesticides, which include ITACs, in
accordance with use instructions on the label be exempted from the ITAC reporting
requirements of Subpart D.
The Board notes that the application of pesticides at agrichemical facilities has already
been exempted by the Agency’s proposed amendments to include (b)(5) and (b)(6) above. We
agree with IPCA that application of registered pesticides in accordance with use instructions on
the label should be exempted based on the record before the Board at this time. The Board
bases its decision to exclude the application of pesticides on the amendments made concerning
agrichemical facilities, because of the exemptions in Section 9.5 of the Act, and because no
construction and operating permits pursuant to 35 Ill. Adm. Code Part 200
et. seq.
are
required. The Board adopts the following language in today's order:
232.410(b)(7) The requirements of this Subpart shall not apply to the application of
registered pesticides.
IFCA's P.C.#20 filed after the issuance of the interim opinion and order of January 9,
1997 states that it accepts the changes to Section 232.410(b)(7).
8
Trade Waste Incineration (TWI) requests that the Board exempt chemical labpacking.
In this regard, TWI notes that labpacking are larger containers surrounding one or more
smaller containers that actually hold the waste. Most of the waste in labpacking is from
laboratory scale operations and TWI claims the concentration of individual chemicals within a
labpack is
de minimis
. Further, TWI states that Section 9.5(e)(4) of the Illinois
Environmental Protection Act, which exempts incidental or minor sources, supports its
arguments.
The Board disagrees that labpacking should be excluded pursuant to Section 9.5(e)(4)
of the Act. Section 9.5(e)(4) of the Act excludes
de minimis
emission sources but not the
waste generated at such sources. The cumulative emissions from labpacked chemical waste
when incinerated together may not be
de minimis
. Therefore the Board will not change the
proposal based on this comment. However, this does not preclude TWI from demonstrating
that the cumulative emissions of ITACs are
de minimis
.
The Agency requests that the Board change subsection (c), which states “one-tenth of
one percent (.001)” to read as “one-tenth of one percent (0.001).” The Board has made the
requested change.
GBI states that subsection (c) is not clear as to the source of the “mixtures of
chemicals.” GBI asserts that if they apply to process vent streams then this subsection is
inconsistent with Sections 232.430(b)(2) and (b)(3). The Agency states that the use of the
term “mixtures” is different in those two sections. The Agency asserts that in Section
232.410(c), the term “mixtures” refers to process raw materials and in Section 232.430(b)(2)
and (b)(3), the term “mixtures” refers to unit gas streams or emissions. The Agency claims
that the focus of Sections 232.430(b)(2) and (b)(3) are to target the applicable emission unit
after the initial applicability is satisfied in Section 232.410(c ). The Agency believes that there
is no reason to clarify the rule.
The Board does not believe that the rule needs to be clarified. Section 232.410,
Applicability, is concerned with the amount of ITAC a source is using for manufacturing,
processing or is otherwise using to determine whether the source is required to meet the
regulations of Subpart D. Once it is determined that Subpart D applies to a source, Section
232.430 (Emissions Report) focuses on the emission from the source.
TWI requests that the Board clarify Section 232.400(c) so that mixtures also include
waste products. They believe that their waste streams can be thought of as mixtures. TWI's
suggested clarification would result in the exclusion of their waste streams with less than 1%
or 0.1% of toxic contaminants because of the
de minimis
exemption.
The Board interprets "mixture of chemicals" to be mixtures in any form, raw materials
or waste. Therefore if the ITAC content of the waste meets the
de minimis
exclusion,
emissions from that waste may be excluded from the emission reports.
9
Caterpillar argues that it would be appropriate to exclude items regulated under
Sections 112(b) and 112(m) of the CAA in light of the reporting requirements connected to
Titles III and V.
Section 9.5(c) of the Act requires the Agency to propose to the Board a list of air
contaminants which may cause or significantly contribute to an increase in mortality or an
increase in serious irreversible or incapacitating illness, or may pose a significant threat to
human health or the environment. Section 112(b) of the CAA lists contaminants that pose
adverse effects to human health or the environment. Section 112(m) of the CAA creates a
program to identify and monitor the effects of hazardous air pollutants on the Great Lakes.
We find it appropriate to include those contaminants in Illinois' ITAC because they meet the
intent of Section 9.5 of the Act to list contaminants that may pose a significant threat to human
health or the environment. Furthermore, according to the legislative debate in Public Act 87-
752 the ultimate goal is to regulate these substances in Illinois. (P.A. 87-752, June 29, 1987
Senate Floor Debates.) Therefore for the purposes of gathering data on ITACs, it is important
that those contaminants regulated pursuant to Sections 112(b) and (m) be included as ITACs.
We note that redundancy of reporting is limited because based on public comments
discussed on page 12 of this opinion, the rules allow for sources to utilize USEPA’s
Emergency Planning and Community Right to Know Act (EPCRA) Form R in lieu of the
emissions reporting requirements of Section 232.430. As a result, additional effort and
expense of the regulated sources is limited. Therefore the Board will not exclude those
contaminants regulated under Sections 112(b) and 112(m) of the CAA.
Caterpillar requests that a second provision be added to this section to include an
emission release basis for applicability. Caterpillar asserts that the current proposal does not
connect emissions from a source with applicability which allows a source that does not meet
the threshold amount of ITACs set forth in subsections (a) and (c) of this Section to emit
ITACs without being required to submit an emissions report pursuant to Section 232.430.
The Board agrees that there exists the possibility that a facility may not meet the
applicability requirements of Section 232.410, (e.g. a facility may manufacture, process or
import less than 25,000 lbs of any individual ITAC in any calendar year or otherwise uses less
than 10,000 lbs of any individual ITAC in any calendar year), but the source has ITAC
emissions above the
de
minimis
amount as set forth in Section 232.430(b) for emissions
reporting. However, it should be noted that the Agency at the April 9, 1996 hearing discussed
the evaluation of the
de minimis
level. The Agency explained that as more information is
gathered pursuant to the ITAC program and other programs such as the Title V permitting as
to the effects of the ITAC emissions the
de minimis
emissions will be reviewed. (April 9,
1996 Transcript at page 18-20.) The Agency stated further that it will have a better picture of
the facilities and will be able to review their impact. (April 9, 1996 Transcript at 19) The
Agency also stated that this rule was designed to provide sound data to determine the effects of
the ITAC emissions and to meet the requirements of Section 9.5(c) of the Act. Finally, as
stated in the statement of reasons "[t]he Agency intends to use the data generated from the
10
proposed reporting scheme to assess the necessity and extent of any controls or emissions
limitations on sources emitting ITACs" which would fulfill the Agency's requirements under
Section 9.5(d) of the Act. (Statement of Reasons at 3.) Based on the record, the Board finds
that there is no need at this time to include the unlikely category of sources as described above.
Section 232.420: ITAC Source Report
Caterpillar states that the wording of this section and that of Section 232.430 Emissions
Report makes the rule confusing and that clarifying language would be worthwhile.
The Board agrees with Caterpillar that the language of these sections may lead to
confusion. The Board added language to this section that clarifies that the Agency provides
the source with an ITAC Source Report, which a source may use to meet the informational
requirements of Section 232.430.
The Agency in its public comments filed on February 14, 1997 states that due to the
timing of when the proposed rule will be adopted as a final rule by the Board certain internal
submittal dates that were proposed will no longer be valid. The Agency requests that the date
for which the Agency may send the ITAC Source Report be changed from April 1, 1997 to
July 1, 1997. The Board agrees with the Agency and has made the requested change.
Section 232.421: Emission Report Certification
Several comments were received concerning the requirements of this Section. To
summarize, the commentators stated that the current certification language in the proposed
rules, which includes the phrase “the best available information,” implies knowledge of all
methods and data that potentially could be used. The commentators suggest that the proposed
language be replaced with the following alternative statement contained in Section 313 of
SARA:
I hereby certify that I have reviewed the attached documents and that, to the
best of my knowledge and belief, the submitted information is true and
complete and that the amounts and values in this report are accurate based on
reasonable estimates using data available to the preparers of this report.
The above statement would replace “All emissions data verified, modified, or provided on
behalf of the source named above represents the best available information and is true and
accurate to the best of my knowledge.” (See public comments No. 4, 6, 8 and 10 from CICI,
GBI, IERG, and ISG.) The Agency states that it sees no reason why there should be
conflicting forms with different standards of review and urges the Board to adopt the
commentators' suggested language. The Board agrees with the public comments and has made
the change.
11
IERG believes that there are inconsistencies between the Community Right to Know
Act Section 313 and Section 232.421 certification requirements. As a result IERG asserts that
if a source chooses to send the Community Right to Know Act Section 313 report instead of
the ITAC source report certifications from both reports would need to be filed. Specifically,
IERG asserts that in Sections 232.421 the phrase “an individual responsible for the accuracy of
the emissions report,” should be changed to read “an individual responsible for the
certification of the accuracy of the emissions report” because the former statement does not
follow the definition of a “certifying individual” under the Agency's Annual Emission
reporting Rules at 35 Ill. Adm. Code 254. The Agency agrees with IERG’s suggested change.
The Board accepts the requested change which is reflected in today's order.
Additionally, GBI states that the phrase, “who will take legal responsibility of the
information verified or reported therein,” should be deleted in Section 232.421. GBI asserts
that in these regulations, the owner or operator of the source is responsible for reporting,
which is typically a corporation. Thus, employees or workers acting on behalf of the
corporation are not usually responsible for compliance with environmental regulations. The
Agency does not agree. The Agency says that the language is consistent with its Title V
Program and other Board rules and therefore no changes should be made.
The Board agrees with the Agency. There are several programs that place legal
responsibility on a person other than the owner or operator when certifying information. (See
35 Ill. Adm. Code 732.) We see no reason to change this certification.
IERG also believes that this Section should be revised to better explain exactly what
information should be included in the report.
The Board does not agree with IERG. Section 232.430 clearly explains what
information is required in an emission report and does not need to be further explained.
Section 232.423: Failure to Receive an ITAC Source Report
The Agency in its public comments filed on February 14, 1997 states that due to the
timing of when the proposed rule will be adopted as a final rule certain internal submittal dates
that were proposed will no longer be valid. The Agency requested that the date for which the
Agency will send the ITAC Source Report be changed from April 1, 1997 to July 1, 1997 in
Section 232.420. The Agency requests the Board reflect the change in Section 232.420 in
Section 232.423. The Board agrees with the Agency and has made the requested change.
Section 232.430: Emissions Report
CICI and TWI request that the Board clarify the rules to explicitly state that sources
may file the Community Right to Know Act Section 313 Form R instead of the Agency’s
12
ITAC source report. The Agency agrees and requested the Board to adopt the following
language:
232.430(a)(3) If the owner or operator of a source subject to this Subpart so elects, the
owner or operator may choose to submit the relevant portions of the USEPA’s
Emergency Planning and Community Right to Know Act (EPCRA) Form R in lieu of
the report required under Subsections (a)(1) and (2) of this section. If the owner or
operator so elects, the reporting of emissions under Form R may be reported in pounds
per year rather than in tons per year (TPY) as required in subsections (a)(1) and (2).
The Board accepts the suggested changes which are reflected in today's order.
GBI states that the process vent streams are usually measured in volume percentage
basis but the Agency wants the measurement to be in weight percentage basis. (See
subsections (b)(2) and (b)(3).) GBI contends that such conversion can cause too much work.
GBI notes that the
de minimis
exemption should be converted as well. The Agency disagrees.
It says that NESHAP is typically reported in tons per year and it will be necessary to convert
to be consistent with this rule. Additionally the Agency states that if emission units are tested
on a volume percentage basis conversion is necessary for consistency with this rule.
The Board agrees with the Agency. Not only is using weight measurements consistent
with NESHAP but the ITAC rule targets emissions on a weight basis. We also believe that
changing from a volume percentage to a weight percentage will not be time consuming.
TWI wants to know if it can use actual air emissions monitoring data to reflect actual
releases since the waste which includes ITACs usually does not contain concentration
information.
The Board allowed for further comments on this issue pursuant to the interim opinion
and order of January 9, 1997. However, the Board did not receive any further comments from
the Agency or any other party. TWI’s actual air emissions data may not be chemical specific
which is necessary under these rules. Based on the record at this time the Board will not make
a change to the rule to allow the use of actual air emissions data to be utilized, which is not
specific as to the amount of an individual ITAC. The Board notes that the rule does not
preclude the use of actual emission data if that data is specific to ITACs.
IERG and CICI suggests that the word “correct” in front of “emissions report” in
subsection (d) should be deleted. The Agency agrees. The Board agrees and has made the
suggested change.
Regarding subsections (c) and (e), instead of stating“ Sections 232.410, of this Part,”
GBI recommended a change to “ Subpart D of this Part.” The Agency agrees with the
requested changes. The Board accepts the requested changes which are reflected in today's
order.
13
Regarding subsection (d)(1), Mobil wants to know if the initial July 1, 1997 submittal
is the “baseline year.” Mobil also wants it clarified that if the emission sources do not exceed
the annual limits then no future emission reporting is necessary.
The Board interprets the proposed regulation to cause the July 1, 1997 submittal to be
the “baseline year”. However, based on the Agency's requested changes in P.C.#21 the
submittal date has changed from July 1, 1997 to October 1, 1997 as discussed below.
Additionally, the Board notes that emissions reports filed in 1997 are for the 1996 year.
Further, the Board agrees that if actual annual emissions of the source do not increase by more
than one-half (0.50) TPY or one (1) TPY, respectively, from the sources' emissions of ITACs
initially reported under this Subpart; or the source does not emit an ITAC or combination of
ITAC that exceeds the threshold for applicability as set forth in Section 232.410 of this Part
which was not previously reported in the source's initial report of its emissions of ITACs or in
any subsequent revised report of its emissions of ITACs required to be submitted pursuant to
this subsection no future emission reporting is required.
Caterpillar asserts that the requirement in Section 232.430(d) is not reasonable. That
section requires a source submit a "revised" emissions report if a single ITAC or combination
of ITACs emissions increase by more than 0.5 TPY or 1.0 TPY. Caterpillar argues that this
requirement will most likely require yearly reports and that at this low level of actual increase
in emissions requiring a revised report "cannot be justified in light of the proposed
applicability criteria and the fact that these emissions are effectively regulated as 'allowable'
emissions in current air permits." (P.C.#18 at page 2.)
The Board disagrees with Caterpillar and finds that requiring revised emission reports
when there is an increase in ITAC emissions justifiable given the intent of Section 9.5(c) of the
Act. The Board finds that maintaining an ITAC list that has the most current information a
vital aspect of the proposal. If the Board accepts Caterpillar's reasoning the only information
required would be the allowable emission data contained in the current air permit which may
only be updated every five years or when a source determines that it wants to increase its
allowable emissions. The Agency's intention is to use the information gathered under these
rules to determine if any future controls on ITAC emissions are necessary. The data collected
must be reliable and current in order for the Agency to have any real basis for its
determination concerning emission controls.
Caterpillar maintains that the requirement to update an ITAC emission report based on
permit changes to an emission unit is redundant given the requirement of Section 232.430(d).
Caterpillar explains that "permit changes are usually based on an increase in allowable
emissions, actual emissions may or may not change at all and may not change in the same
calendar year as the modification is granted." (P.C.#18 at page 2.) Caterpillar claims the
requirement to update the emission report is being triggered by these same permit changes.
Caterpillar argues that the only advantage is to provide an emission source by emission source
review of emission increases that would already (in most cases) be summarized under the
14
reporting required by paragraph (d). Caterpillar also argues that this requirement adds a level
of complexity to the proposed rule that is unwarranted given the comments made in connection
with Section 232.430(d).
The Board agrees with Caterpillar that the requirements to revise an emission report in
Sections 232.430(d) and 232.430(f) could overlap. However, both sections require an owner
and operator to submit a revised emission report on or before July 1 of the year following the
change or occurrence. Therefore, a source may submit one revised emission report to address
both sections. The Board finds no reason to make any changes to address Caterpillar's
concerns.
As stated above, the Agency states in its public comment filed on February 14, 1997
that due to the timeline by which the proposed rule will be adopted as a final rule by the
Board, certain internal dates that were part of the original proposal will no longer be workable.
As noted above the Agency requests that the date for which the Agency will send the ITAC
Source Report as set forth in Section 232.420 be changed from April 1, 1997 to July 1, 1997.
The Agency requests the Board to reflect the change in Section 232.420 in Section 232.430.
The Agency requests that Section 232.430 require that sources submit their emissions reports
on October 1, 1997 instead of July 1, 1997. The Board agrees with the Agency and has made
the requested change.
Section 232.440: Use of Available Data
GBI states that subsection (a) should be rewritten to make clear that the emission
determination methods need not be submitted unless requested by the Agency pursuant to
Section 232.450. The Agency disagrees that the section is unclear. It believes that when
reading the proposed rule as a whole, Section 232.450 means that additional documentation or
information may be requested by it. The Board agrees with GBI and added language in
Section 232.440 to address GBI's concern.
Section 232.450: Retention of Records/Additional Information
Subsection (a)(1) requires that maximum hourly emission rates be recorded. Mobil
states that for facilities which are not measuring maximum hourly emissions rates, it can get
expensive and be a burden on workers. In view of this, Mobil wants to know if it is
acceptable to calculate the maximum hourly emission rates from the annual emission rate. It
notes that NOx and VOC emissions have been calculated this way.
The Board will not make Mobil's requested change. The Board finds that finding the
maximum hourly emission rates from the annual emission rate actually gives the average
hourly emission rates. The proposed rules require the maximum hourly emission rates.
Additionally, Mobil's requested change would alter the type of information being documented
changing its usefulness.
15
Caterpillar states that the information that the Agency may require pursuant to this
section would generally be a subset of data made available through the normal air permitting
process. Caterpillar argues that calculating maximum hourly emission rates of special ITACs
would be a daunting task for facilities having hundreds of emission units. Caterpillar requests
that the Agency’s authority to request additional data be limited to actual annual emissions or
limited to the units that the Agency can demonstrate that the emissions are of such quantity to
warrant differentiation on an hourly basis.
At hearing the Agency testified that Sections 232.450(a)(1), (a)(2) and (a)(3) describes
the type of additional information which the Agency may require and that a source would not
have to perform any additional physical testing to provide the Agency that data pursuant to
Section 232.450(a). (February 23, 1996 Transcript at 19-25.) Section 232.450(c) limits the
requirement to information that can be provided without any additional monitoring not
otherwise required by applicable rules or a permit condition.
The Board finds Caterpillar's concerns are addressed given the constraints on the type
of additional information the Agency may request.
Section 232.501: Listing of Federal Hazardous Air Pollutants, Great Lakes Commission
Toxic Compounds and Great Waters Program Toxic Compounds
The Agency requests that the Board amend “provisions of Section 232.500 of this Part”
to read “provisions Section 232.500 of this Subpart” and “procedures of Section 232.500 of
this Part” to read “procedures of Section 232.500 of this Subpart.” The Board agrees and
makes the requested changes.
GBI believes the proposed rule is unclear as to what will happen to Appendix A when
future additions or deletions from the Great Lakes Commission list occur. GBI urges the
Board to explicitly state that any future changes in Appendix A will only occur within a
rulemaking and that no emission reporting is required until after the rulemaking is complete.
The Agency disagrees that an explicit statement concerning future changes is necessary because
this rulemaking is pursuant to Sections 27 and 28 of the Act and it is clear that any subsequent
changes to this rule will have to go through the Board rulemaking process. The Board agrees
with the Agency's statements and will not amend the rule to address this comment.
GBI believes that “Great Lakes Commission Toxic Compounds” should be deleted
from the caption because no substances are being added to Appendix A that are “chemicals
targeted as toxic compounds or chemicals by the Great Lakes Commission.” The Agency
notes that the addition of “or Great Lakes” in the definition of the symbols in Appendix A
addresses GBI’s concern, therefore, there is no need to change the caption. (The Agency's
requested amendment is discussed in the next section of the opinion.)
The Board agrees with the Agency that the amendments to Appendix A, which
designate that some chemicals are chemicals listed by the Great Lakes Commission Toxic
16
Compounds, justifies the caption of the rulemaking. Therefore the Board will not make the
requested changes.
Appendix A List of Toxic Air Contaminants
GBI requests the that “Great Lakes Commission Toxic Compounds” and “chemicals
targeted as toxic compounds or chemicals by the Great Lakes Commission” be deleted from
the caption of the rulemaking because no chemical will be added to the ITAC list based upon
their status as “chemicals targeted as toxic compounds or chemicals by the Great Lakes
Commission”. The Agency states that the following changes to the Appendix A address GBI’s
concern:
*
Indicates presence on HAP list
**
Indicates presence on Great Waters or Great Lakes List.
††
Indicates presence of HAP and Great Waters or Great
Lakes lists.
The Board agrees with the Agency that some chemicals are being listed as chemicals targeted
as toxic compounds or chemicals by the Great Lakes Commission and will indicate in
Appendix A those chemicals.
The Agency suggest that “Section 232.” in the title be deleted. The Board agrees with
the Agency. The amendment would be consistent with the Joint Committee on Administrative
Rules and the Secretary of State rules.
IERG states that the listing of hydrogen sulfide was a mistake in CAA so it should be
removed from Appendix A. The Agency agrees with IERG and requests that the Board delete
the reference. IERG also states that caprolactum was removed from CAA in June 1996 so it
should not be listed as a federal HAP and the Agency agrees. BASF also requests that the
Board remove caprolactum from the ITAC list because it is no longer listed as a federal HAP.
The Board agrees with IERG and BASF and will not list caprolactum from Appendix A as a
HAP and agrees that hydrogen sulfide should not be listed and will be removed from Appendix
A.
CICI states that only the aerosol forms of hydrochloric acid and sulfuric acid are
reportable according to 60 Federal Register 38600 and 34182, respectively. Therefore, in
Appendix A, next to their chemical names, the word aerosol should be added in parenthesis.
The Agency agrees with the suggested changes. The Board will note that it is the aerosol
forms of hydrochloric acid and sulfuric acid which are listed.
The Agency identified typographical errors in the chemical listing. The changes are
listed in their comments sent October 8, 1996 (PC #14) on pages 9-10. The Board
incorporates those non-substantive changes.
17
Caterpillar requests that certain contaminants regulated by Section 112(b) or 112(m) of
the CAA be exempted from the applicability determination. Caterpillar states that the ITAC
list does not depict that certain contaminants are being regulated by 112(b) or (m) and requests
that the list depicts that so that Caterpillar's proposed exemption from the applicability
determination can easily be determined.
The Board notes that at Second Notice that the Appendix reflects which contaminants
are regulated by Section 112(b) or 112(m) of the CAA. Secondly, for the reasons stated
previously we are not adopting Caterpillar's request to exclude those contaminants that are
regulated by Section 112(b) or 112(m) of the CAA. Therefore the Board will not make
changes to the proposal based on Caterpillar's comments.
ORDER
The Board hereby adopts the following regulations for Second Notice. The changes
between First Notice and Second Notice are indicated by double underlining.
18
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER f: TOXIC AIR CONTAMINANTS
PART 232
TOXIC AIR CONTAMINANTS
SUBPART A: GENERAL PROVISIONS
Section
232.100
Introduction
232.110
Incorporations by Reference
232.120
Definitions
232.130
Applicability
SUBPART B: DETERMINATION OF A TOXIC AIR
CONTAMINANT
Section
232.200
Characteristics for Determining a Toxic Air Contaminant
SUBPART C: PROCEDURES FOR EVALUATING
CHARACTERISTICS OF A TOXIC AIR CONTAMINANT
Section
232.300
Purpose
232.310
Procedures for Determining the Toxicity Score
232.320
Carcinogen Classification
SUBPART D: SOURCE IDENTIFICATION AND REPORTING REQUIREMENTS
Section
232.400
Purpose
232.410
Applicability
232.420
ITAC Source Report
232.421
Emissions Report Certification
232.423
Failure to Receive an ITAC Source Report
232.430
Emissions Report
232.440
Use of Available Data
232.450
Retention of Records/Additional Information
232.460
Reporting of Errors
SUBPART E: LISTING AND DELISTING
19
Section
232.500
Procedures for Listing and Delisting Toxic Air Contaminants
232.501
Listing of Federal Hazardous Air Pollutants, Great Lakes Commission Toxic
Compounds and Great Waters Program Toxic Compounds
APPENDIX A:
List of Toxic Air Contaminants
APPENDIX B:
Additional Procedures for Calculating the Chronic Toxicity Score
APPENDIX C:
Carcinogens (Categories A, B1, and B2) listed on the Integrated Risk
Information System (IRIS) as of December 31, 1989 (United States
Environmental Protection Agency, Office of Health and Environmental
Assessment)
AUTHORITY: Implementing Section 9.5 and authorized by Section 27 of the Environmental
Protection Act [415 ILCS 5/9.5 and 27].
SOURCE: Adopted in R90-1 at 16 Ill. Reg. 16592, effective October 18, 1992; amended in
R96-4 at 20 Ill. Reg. __________, effective _______________.
SUBPART A: GENERAL PROVISIONS
Section 232.120
Definitions
The definitions of 35 Ill. Adm. Code 201.102, 211.122 and 215.104, 201 and 211 apply to
this Part, as well as the definitions contained in this Section. Where a definition contained in
this Section is more specific than those found in 35 Ill. Adm. Code 201.102, 211.122 and
215.104 201 and 211, it must take precedence in application of this Part.
"ACGIH" means the American Conference of Governmental Industrial Hygienists.
"Adverse health effect" means a health injury or disease that may be produced by
exposure to a contaminant. This includes any decrement in the function of an organ or
organ system or any subclinical organ lesion that is likely to lead to a decrement in an
organ or organ system function.
"Commercial fuel" means:
a)
Any fuel offered for final sale for use in combustion processes;
b)
Any gaseous or liquid fuel generated as a by-product at a source for which the
source has been issued an operating permit to use such fuel internally in
combustion processes, including internal combustion engines; or
20
c)
Any waste derived fuel for which an operating permit has been issued and
which represents no more than five percent (.05) by weight on a daily basis of
total fuel used in combustion processes by a source.
"Critical gestation days" means the days during which the formation and differentiation
of organs and organ systems occurs during embryonic development.
"Emits" or "Emission" or "Emitted" means any non-accidental release into the
atmosphere from an emission source or air pollution control equipment, or fugitive
emissions defined according to 35 Ill. Adm. Code 203.124.
“Fugitive emissions” is defined according to 35 Ill. Adm. Code 203.124.
"IARC" means the World Health Organization's International Agency for Research on
Cancer.
"IRIS" means the USEPA's Integrated Risk Information System.
"Illinois Toxic Air Contaminant" (ITAC) means any toxic air contaminant listed
pursuant to 35 Ill. Adm. Code 232, excluding, specifically: coke oven gas; any
hazardous air pollutant (HAP) now or hereafter listed under Section 112(b) of the
Clean Air Act (CAA), as amended; and any pollutant or contaminant listed as a
compound of concern under the Great Waters and Coastal Waters Program under
Section 112(m) of the CAA.
"ITAC Source Report" means the report that the Agency provides to the source that
lists data fields for the information required in the emissions report for Subpart D of
this Part, and contains the information, if any, that previously has been reported to the
Agency for those data fields.
"LC50" means the concentration in the air of a contaminant that kills, or is estimated to
kill, fifty percent (.50) 50 percent of a population of laboratory animals where the
exposure is brief (8 hours or less) and where the route of exposure is inhalation.
"LD50" means the dose of a contaminant that kills, or is estimated to kill, fifty percent
(.50) 50 percent of a population of laboratory animals where the route of exposure is
ingestion.
"Lowest observed adverse effect level" means the lowest experimentally determined
dose at which a statistically or biologically significant indication of the toxic effect of
concern is observed.
"Manufacture" means, for the purposes of 35 Ill. Adm. Code Sections 232.400 through
232.460 of this Part, to produce, prepare, or compound a listed ITAC, and includes
21
coincidental production of an ITAC (e.g., as a by-product or impurity) as a result of
the manufacture, processing or otherwise use or treatment of one or more chemical
substances not an ITAC. An ITAC intentionally incorporated into a product is
considered to be manufactured.
"NTP" means the United States' Department of Health and Human Services, Public
Health Services' National Toxicological Program.
"New emission source" means an emission source or air pollution control equipment
for which a construction permit is required by 35 Ill. Adm. Code 201 after (the
effective date of these rules); or an emission source or air pollution control equipment
for which an operating permit is required by 35 Ill. Adm. Code 201, where the owner
or operator failed to apply for a construction permit and applies for the first operating
permit.
"No observed effect" means the condition where no adverse health effect has been
detected.
"Otherwise use" means, for the purposes of 35 Ill. Adm. Code Sections 232.400
through 232.460 of this Part, any activity involving a listed ITAC at a source that does
not fall within the definitions of "manufacture" or "process."
"Process" means, for the purposes of 35 Ill. Adm. Code Sections 232.400 through
232.406 of this Part, the preparation of an ITAC after its manufacture for distribution
in commerce in the same physical state as, or in a different form or physical state from,
that in which it was received by the source, or preparation that produces a change in
physical state or chemical form.
"Process unit" shall have the meaning set forth in 35 Ill. Adm. Code Section 211.5210.
"Toxic air contaminant" (TAC) means a contaminant identified pursuant to Section
232.200 or Section 232.501 of this Part and listed in Section 232.Appendix A of this
Part.
(Source: Amended at 20 Ill. Reg. __________, effective ______________.)
SUBPART D: SOURCE IDENTIFICATION AND REPORTING REQUIREMENTS
Section 232.400
Purpose
This Subpart establishes identification and reporting requirements for new and existing sources
that emit Illinois Toxic Air Contaminants.
(Source: Added at 20 Ill. Reg. _______, effective _______________.)
22
Section 232.410
Applicability
a)
This Subpart shall apply to any owner or operator of a source that
manufactures, processes or imports 25,000 lbs
.
or more of any individual ITAC
in any calendar year or otherwise uses 10,000 lbs
.
of any individual ITAC in
any calendar year.
b)
This Subpart shall not apply to the following:
1)
Retail dry cleaning operations;
2)
Retail and noncommercial storage and handling of motor fuels;
3)
Combustion processes, including internal combustion engines, using only
commercial fuel; and
4)
Equipment and operations which are exempt from permitting
requirements pursuant to 35 Ill. Adm. Code 201.146;
5) Components of Commercial and Non-Commercial agrichemical facility
operations that are permitted under 8 Illinois Administrative Code 255
by the Department of Agriculture and endorsed by the Illinois
Environmental Protection Agency pursuant to Section 39.4 of the Act
;
[415 ILCS 5/39.4.]
6) Farm storage or application of agricultural chemicals and distribution
facilities not covered by 8 Illinois Administrative Code 255 that are used
for storage or distribution of agrichemicals; and
7) The requirements of this Subpart Part shall not apply to the application
of registered pesticides
.
c)
If an ITAC is present in a mixture of chemicals at a source at a concentration
below one percent (0.01) by weight, or one-tenth of one percent (0.001) by
weight in the case of an ITAC which is a carcinogen listed in Appendix C of
this Part, an owner or operator subject to this Subpart is not required to consider
the quantity of the ITAC in such mixture when determining whether an
applicable threshold has been met under subsection (a) of this Section or in
determining the amount of emissions to be reported under Section 232.430 of
this Part.
(Source: Added at 20 Ill. Reg. ______, effective ______________.)
23
Section 232.420
ITAC Source Report
a)
On or before July 1, 1997 April 1, 1997, the Agency shall provide to the owner
or operator of a source that is expected to be subject to this Subpart the ITAC
Source Report. The ITAC Source Report shall contain all data fields for the
information required under this Subpart.
b)
The information on emissions provided by the owner or operator of a source in
the emissions report submitted pursuant to Section 232.430 of this Part
shall be
based on the best information available to the owner or operator and that is
reflective of the operations of the source and its ITAC emissions.
(Source: Added at 20 Ill. Reg. _____, effective ______________.)
Section 232.421
Emissions Report Certification
All emission reports filed pursuant to this Subpart shall contain the following certification
statement: "All emissions data verified, modified or provided on behalf of the source named
above represents the best available information and is true and accurate to the best of my
knowledge." "I hereby certify that I have reviewed the attached documents and that, to the
best of my knowledge and belief, the submitted information is true and complete and that the
amounts and values in this report are accurate based on reasonable estimates using data
available to the preparers of this report." The certification statement shall be signed by an
individual responsible for the certification of the accuracy of the emissions report and who will
take legal responsibility for the information verified or reported therein. The certification
statement shall be accompanied by the full name, title, actual signature, date of signature, and
a telephone number of the individual signing the emissions report.
(Source: Added at 20 Ill. Reg. _____, effective ______________.)
Section 232.423
Failure to Receive an ITAC Source Report
Failure to receive the ITAC Source Report from the Agency shall not relieve an owner or
operator from the obligation to file a complete emissions report. Any owner or operator who
does not receive the ITAC Source Report on or before July 1, 1997 April 1, 1997, may
contact the Agency to request the ITAC Source Report.
(Source: Added at 20 Ill. Reg. _____, effective ______________.)
Section 232.430
Emissions Report
a)
On or before October 1, 1997 July 1, 1997, the owner or operator of a source
subject to this Subpart shall file an emissions report for the calendar year 1996
which shall include the following information:
24
1)
Source identification information; and
2)
Identify by generic name and Chemical Abstract Service (CAS) number,
the source’s actual annual emissions of each ITAC expressed in tons per
year (TPY), and the source's annual fugitive emissions of each ITAC,
expressed in TPY, for each ITAC that exceeds the threshold for
applicability as set forth in Section 232.410 of this Part. In determining
the actual annual emissions of each ITAC, the source may exclude
emissions of such ITAC from all emission units with de minimis
emissions of ITACs;. or
3) If the owner or operator of a source subject to this Subpart so elects, the
owner or operator may choose to submit the relevant portions of the
USEPA's Emergency Planning and Community Right to know Act
(EPCRA) Form R in lieu of the report required under Subsections (a)(1)
and (2) of this section. If the owner or operator so elects, the reporting
of emissions under Form R may be reported in pounds per year rather
than in tons per year (TPY) as required in subsections (a)(1) and (2).
b)
The following emissions of ITACs shall be considered to be de minimis and
shall not be subject to reporting requirements under this Subpart:
1)
Emissions of ITACs from an emission unit which, in the aggregate, are
less than one-half (0.5) TPY;
2)
Emissions from a process unit resulting from a process vent stream with
ITAC concentrations that are always less than one-tenth of one percent
(0.001) by weight on a daily basis, if such concentrations include any
carcinogen listed in Appendix C of this Part;
3)
Emissions from a process unit resulting from a process vent stream with
ITAC concentrations that are always less than one percent (0.01) by
weight on a daily basis, if such concentrations do not include any
carcinogen listed in Appendix C of this Part; or
4)
Fugitive emissions of ITACs from a process unit which, in the
aggregate, are less than one-half (0.5) TPY.
c)
If a source becomes subject to this Subpart on or after January 1, 1996, the
owner or operator of the source shall submit an emissions report to the Agency
on or before July 1 of the year following the date the source becomes subject to
this Subpart for the period from the date the source first becomes subject to this
Subpart through the end of the calendar year before the year the first report
25
from such source is due under this Subpart. Such emissions report shall contain
all of the information listed in subsections (a)(1), (a)(2), and or (a)(3) of this
Section and any additional information requested by the Agency pursuant to
Section 232.450 of this Part. Any such emissions report shall satisfy the
requirements Subpart D of this Part of Sections 232.410, 232.420, 232.421,
232.423, 232.430 232.440, 232.450, and 232.460 of this Part.
d)
An owner or operator of a source subject to this Subpart shall submit to the
Agency a revised, correct emissions report on or before July 1 of the year
following the occurrence of any of the following:
1)
If the source's actual annual emissions of any individual ITAC or any
combination of ITACs required to be reported under this Subpart
increases by more than one-half (0.50) TPY or one (1) TPY,
respectively, from the sources' emissions of ITACs initially reported
under this Subpart; or
2)
If the source emits an ITAC that exceeds the threshold for applicability
as set forth in Section 232.410 of this Part which was not previously
reported in the source's initial report of its emissions of ITACs or in any
subsequent revised report of its emissions of ITACs required to be
submitted pursuant to this subsection (d).
e)
Any revised emissions report required to be submitted under subsection (d) of
this Section shall contain all of the information listed in subsection (a) of this
Section and any additional information requested by the Agency pursuant to
Section 232.450 of this Part. Any revised emissions report shall satisfy the
requirements of Subpart D of this Part. Sections 232.410, 232.420, 232.421,
232.423, 232.430 232.440, 232.250, and 232.450 of this Part.
f)
By July 1 of the calendar year following any modification or change to an
emission unit requiring a revision to an existing permit or a new permit and
which may result in an increase in emissions of a previously reported ITAC by
ten percent (.10) or more, an owner or operator of a source subject to this
Subpart shall submit to the Agency a revised emissions report which includes
the information required under Section 232.430 of this Part.
(Source: Added at 20 Ill. Reg. _____, effective _______________.)
Section 232.440
Use of Available Data
a)
In order to provide the information requested by the Agency pursuant to Section
232.450 of this Part required under this Subpart, the owner or operator of a
source may:
26
1)
Use reasonable engineering estimates of total emissions of individual
ITACs pursuant to an emissions determination method, if, in each case,
the owner or operator of a source specifies the emissions determination
method used to estimate total emissions and certifies that such data
represents the best available information and is true and accurate to the
best of his/her knowledge; or
2)
If available, use monitoring or measuring data collected pursuant to
other provisions of law or regulation.
b)
Nothing in this Subpart requires the monitoring or measurement of the
quantities, concentrations, or frequency of emissions of any ITAC beyond any
monitoring or measurement required under other provisions of law or
regulation.
(Source: Added at 20 Ill. Reg. _____, effective ______________.)
Section 232.450
Retention of Records/ Additional Information
a)
For purposes of modeling and conducting assessments of information submitted
under this Subpart, the Agency may request supporting documentation or
additional information for any emissions report submitted by a source,
including:
1)
An identification by generic name and Chemical Abstract Service (CAS)
number the source’s emissions of each ITAC by emission unit, with
maximum hourly emission rates in lbs/hr and actual annual emissions in
TPY and the source's fugitive emissions of each ITAC in TPY;
2)
Operating data, exhaust point information and, if applicable, control
device information for each emission unit; and
3)
Copies of engineering estimate calculations, mass balance calculations,
and any other information or documentation used by the owner or
operator of a source in preparing an emissions report.
b)
All records and calculations upon which the data submitted in the emissions
report are based must be retained by the source for a minimum of three (3)
years following the filing of a complete report. The owner or operator of a
source shall provide the requested information in a format acceptable to the
Agency within 60 days after the receipt of the request.
27
c)
Nothing in this Section shall be interpreted to impose upon any source subject to
this Subpart any additional monitoring which is not otherwise required by
applicable rules or a permit condition.
(Source: Added at 20 Ill. Reg. _____, effective ______________.)
Section 232.460
Reporting of Errors
If, after submitting any emissions report required by this Subpart, the owner or operator of a
source discovers any error in the data reported, the owner or operator shall notify the Agency
of the error in writing and shall provide the Agency with the correct data. The notification
and correction shall be conveyed to the Agency within sixty (60) days after the owner's or
operator's discovery of the error. The corrected data shall be certified in accordance with
Section 232.421 of this Part.
(Source:
Added at 20 Ill. Reg. ______, effective ______________.)
SUBPART E: LISTING AND DELISTING
Section 232.501
Listing of Federal Hazardous Air Pollutants, Great Lakes Commission
Toxic Compounds and Great Waters Program Toxic Compounds
Notwithstanding the provisions of Section 232.500 of this Subpart Part, all chemicals listed as
"hazardous air pollutants" under Section 112(b) of the CAA, as amended in 1990 (42 U.S.C.
7412(b)), and all chemicals targeted as toxic compounds or chemicals by the Great Lakes
Commission or under the United States Environmental Protection Agency's "Great Waters"
Program which are not currently listed as toxic air contaminants under this Part, are hereby
listed as toxic air contaminants under Appendix A of this Part. The listing of hazardous air
pollutants and other toxic compounds or chemicals as toxic air contaminants under this Section
is without reference to the listing procedures of Section 232.500 of this Subpart Part.
(Source:
Added at 20 Ill. Reg. , effective .)
Section 232.APPENDIX A List of Toxic Air Contaminants
Chemical Name
CAS Number
Acetaldehyde
75-07-0*
Acetamide
60-35-5*
Acetonitrile
75-05-8*
Acetophenone
98-86-2*
2-Acetylaminofluorene
53-96-3*
Acrolein
107-02-8*
28
Acrylamide
79-06-1*
Acrylic acid
79-10-7*
Acrylonitrile
107-13-1*
Aldrin
309-00-2**
Allyl chloride
107-05-1*
2-Aminoanthraquinone
117-79-3
4-Aminoazobenzene
60-09-3
o-Aminoazotoluene
93-56-3
4-Aminobiphenyl
92-67-1*
1-Amino-2-methylanthraquinone
82-28-0
Amitrole
61-82-5
Aniline
62-53-3*
o-Anisidine
90-04-0*
o-Anisidine hydrochloride
134-29-2
Antimony
7440-36-0
Arsenic
7440-38-2**
Asbestos (friable)
1332-21-4*
Azobenzene
103-33-3
Benzo(a)anthracene
56-55-3**
Benzene
71-43-2*
Benzidine
92-87-5*
Benzo(a)pyrene
50-32-8**
Benzo(b)fluoranthene [3,4-Benzofluoronthene]
205-99-2**
Benzo(j)fluoranthene
205-82-3
Benzo(k)fluoranthene [11,12-Benzofluoranthene]
207-08-9**
1,12-Benzoperylene
191-24-2**
Benzotrichloride
98-07-7*
Benzyl chloride
100-44-7*
Benzyl violet
1694-09-3
Beryllium
7440-41-7
Beryllium oxide
1304-56-9*
Biphenyl
92-52-4*
Bis(chloromethyl)ether
542-88-1*
Boron trifluoride
7637-07-2
Bromoform
75-25-2*
4-Bromophenyl phenyl ether
101-55-3**
1,3-Butadiene
106-99-0*
Butyl benzyl phthalate
85-68-7
beta-Butyrolacetone
3068-88-0
C.I. Basic Red 9 monohydrochloride
569-61-9
Cadmium
7440-43-9**
Cadmium oxide
1306-19-0*
Calcium cyanamide
156-62-7*
Caprolactam
105-60-2*
29
Captan
133-06-2*
Carbaryl
63-25-2*
Carbofuran
1563-66-2
Carbon black
1333-86-4
Carbon disulfide
75-15-0*
Carbon tetrachloride
56-23-5*††
Carbonyl sulfide
463-58-1*
Carbosulfan
55285-14-8
Catechol
120-80-9*
Chloramben
133-90-4*
Chlordane
57-74-9††
Chlorinated dibenzodioxins
--
Chlorinated dibenzofurans
--
Chlorendic acid
115-28-6
Alpha-Chlorinated toluenes
--
Chlorinated paraffins ([C12, 60% chlorine)]
108171-26-2
Chlorine
7782-50-5*
Chloroacetic acid
79-11-18*
2-Chloroacetophenone
532-27-4*
Chlorobenzene
108-90-7*
Chlorobenzilate
510-15-6*
Chloroform
67-66-3*
Chloromethyl methyl ether
107-30-2*
3,4-Chloro-2-methylpropene
563-47-3
4-Chloro-o-phenylenediamine
95-83-0
p-Chloro-o-toluidine
95-69-2
4-Chlorophenyl phenyl ether
7005-72-3**
Chloroprene
126-99-8*
Chromium
7440-47-3**
Chromium (VI)
18540-29-9††
Chrysene
218-01-9**
Coal tar (pitch) volatiles
65996-93-2
Cobalt
7440-48-4**
Coke Oven Emissions
--††
Copper
7440-50-8**
p-Cresidine
120-71-8
Creosote (Coal)
8001-58-9
Cresol (mixed isomers) [Cresols/Cresylic acid
(isomers and mixture)]
1319-77-3*
o-Cresol
95-48-7*
m-Cresol
108-39-4*
p-Cresol
106-44-5*
Cumene
98-82-8*
Cyanazine
21725-46-2
30
Cyclohexanone
108-94-1
DDD
72-54-8
DDE
3547-04-4*
4,4'-DDE
72-55-9**
DDT
50-29-3**
Di-n-octyl phthalate
117-84-0**
2,4-Diaminoanisole
615-05-4
2,4-Diaminoanisole sulfate
39156-41-7
4,4'-Diaminodiphenyl ether
101-80-4
2,4-Diaminotoluene
95-80-7*
Diazomethane
334-88-3*
Dibenzo(a,h)acridine
226-36-8
Dibenzo(a,j)acridine
224-42-0
Dibenzo(a,h)anthracene [1,2:5.6-Dibenzanthracene]
53-70-3**
Dibenzo(a,e)pyrene
192-65-4
Dibenzo(a,h)pyrene
189-64-0
Dibenzo(a,i)pyrene
189-55-9
Dibenzo(a,l)pyrene
191-30-0
Dibenzofurans
132-64-9*
Dibutyl phthalate
84-74-2††
1,2-Dibromo-3-chloropropane
96-12-8*
1,2-Dibromoethane [Ethylene dibromide]
106-93-4*
1,4-Dichlorobenzene(p-)
106-46-7*
3,3'-Dichlorobenzidine
91-94-1*
3,3'-Dichlorobenzidine dihydrochloride
612-83-9
Dichloroethyl ether
[Bis(2-chloroethyl)ether]
111-44-4*
2,4-Dichlorophenoxyacetic acid
[2,4-D,salts and esters]
94-75-7*
1,2-Dichloropropane
[Propylene dichloride]
78-87-5*
1,3-Dichloropropylene [1,3-Dichloropropene]
542-75-6*
Dichlorovos
62-73-7*
Dieldrin
60-57-1**
Diepoxybutane
1464-53-5
Diethanolamine
111-42-2*
N,N-Diethyl aniline [N,N-Dimethylaniline]
121-69-7*
1,2-Diethylhydrazine
1615-80-1
Di(2-ethylhexyl) pPhthalate [Bis(2-ethylhexyl)
phthalate (DEHP)]
117-81-7*††
Diethyl sulfate
64-67-5*
Diglycidyl resorcinol ether
101-90-6
3,3'-Dimethoxybenzidine [Dianisidine]
119-90-4*
Dimethyl acetamide
127-19-5
Dimethyl phthalate
131-11-3*
4-Dimethyl aminoazobenzene [Dimethyl aminoazo-
31
benzene]
60-11-7*
3,3'-Dimethyl benzidene [o-Tolidine]
119-93-7*
Dimethyl carbamoyl chloride
79-44-7*
N,N-Dimethyl formamide
68-12-2*
1,1-Dimethyl hydrazine
57-14-7*
1,2-Dimethyl hydrazine
540-73-8
Dimethyl sulfate
77-78-1*
Dinitrocresol [4,6-Dinitro-o-cresol, and salts]
534-52-1*
2,4-Dinitrophenol
51-28-5*
2,4-Dinitrotoluene
121-14-2*
1,4-Dioxane [1,4-Diethyleneoxide]
123-91-1*
1,2-Diphenylhydrazine
122-66-7*
Disulfoton
298-04-4
Endothall
145-73-3
Endrin
72-20-8††**
Epichlorohydrin
106-89-8*
1,2-Epoxybutane
106-88-7*
2-Ethoxyethanol
110-80-5
Ethyl acrylate
140-88-5*††
Ethyl benzene
100-41-4*††
Ethyl chloride [Chloroethane]
75-00-3*
Ethylene dichloride [1,2-Dichloroethane]
107-06-2*††
Ethylene glycol
107-21-1*
Ethylene imine [Aziridine]
151-56-4*
Ethylene oxide
75-21-8*
Ethylene thiourea
96-45-7*
Ethylidene dichloride [1,1-Dichloroethanel]
75-34-3*
Etridiazole
2593-15-9
FMC-67825
95465-99-9
Fluorine
7782-41-4
Folpet
133-07-3
Formaldehyde
50-00-0*
Furmecyclox
60568-05-0
Heptachlor
76-44-8††
Heptachlor epoxide
1024-57-3**
Hexachlorobenzene
118-74-1††
Hexachloro-1,3-butadiene [Hexachlorobutadiene]
87-68-3††
Hexachlorocyclopentadiene
77-47-4*
Hexachlorodibenzo-p-dioxin
19408-74-3
Hexachloroethane
67-72-1*††
Hexamethylene-1,6-diisocyanate
822-06-0*
Hexamethylphosphoramide
680-31-9*
Hexane
110-54-3*
Hydrazine
302-01-2*
32
Hydrazine sulfate
10034-93-2
Hydrochloric acid(aerosol)
7647-01-0*
Hydrogen cyanide
74-90-8
Hydrogen fluoride [Hydrofluoric acid]
7664-39-3*
Hydrogen sulfide 7783-06-4*
Hydroquinone
123-31-9*
Indeno(1,2,3-cd)pyrene
193-39-5**
Isophorone
78-59-1*
Isophorone diisocyanate
4098-71-9
Lead
7439-92-1**
Lindane-[Hexachlorocyclohexane-alpha](alpha)
319-84-6**
Lindane-[Hexachlorocyclohexane-beta](beta)
319-85-7**
Lindane-[Hexachlorocyclohexane-gamma](gamma)
[Lindane all isomers]
58-89-9††
Lindane-[Hexachlorocyclohexane-mixed isomers]
(mixed isomers)
608-73-1
Linuron
330-55-2
Malathion
121-75-5
Maleic anhydride
108-31-6*
Manganese
7439-96-5**
Mercury
7439-97-6**
Methanol
67-56-1*
Methoxychlor
72-43-5††
2-Methoxyethanol
109-86-4
2-Methoxyethanol acetate
110-49-6
Methyl bromide [Bromomethane]
74-83-9*
Methyl chloride [Chloromethane]
74-87-3*††
Methyl chloroform [1,1,1-Trichloroethane]
71-55-6*††
Methyl ethyl ketone [2-Butanone]
78-93-3*
Methyl isobutyl ketone [Hexone]
108-10-1*
Methyl isocyanate
624-83-9*
Methyl methacrylate
80-62-6*
Methyl tert- butyl ether
1634-04-4*
5-Methylchrysene
3697-24-3
4,4'-Methylene bis(2-chloroaniline)
101-14-4*
Methylenebis(phenylisocyanate) [Methylene
diphenyl diisocyanate (MDI)]
101-68-8*
4,4'-Methylenebis(N,N'-dimethyl)benzenamine)
101-61-1
Methylene chloride [Dichloromethane]
75-09-2*††
4,4'-Methylenedianiline
101-77-9*
4,4'-Methylenedianiline dihydrochloride
13552-44-8
Methyl hydrazine
60-34-4*
Methyl iodide [Iodomethane]
74-88-4*
Methyl mercaptan
74-93-1
33
N-Methyl-N'-nitro-N-nitrosoguanidine
70-25-7
Metolachlor
51218-45-2
Michler's Ketone
90-94-8
Mirex
2385-85-5**
Monoethanolamine
141-43-5
Naphthalene
91-20-3*††
beta-Naphthylamide
91-59-8
Nickel
7440-02-0**
Nitric acid
7697-37-2
Nitrilotriacetic acid
139-13-9
Nitrobenzene
98-95-3*
4-Nitrobiphenyl
92-93-3*
5-Nitro-o-anisidine
99-59-2
2-Nitropropane
79-46-9*
4-Nitrophenol
100-02-7*
N-Nitroso-n-butyl-N-(3-carboxypropyl) amine
38252-74-3
N-Nitroso-n-butyl-N-(4-hydroxybutyl) amine
3817-11-6
N-Nitrosodi-n-butylamine
924-16-3
N-Nitrosodiethanolamine
1116-54-7
N-Nitrosodiethylamine
55-18-5
N-Nitrosodimethylamine
62-75-9*
N-Nitrosodiphenylamine
86-30-6
N-Nitrosodi-n-propylamine
621-64-7
N-Nitroso-N-ethylurea
759-73-9
3-(N-Nitrosomethylamino) propionitrile
60153-49-3
N-Nitrosomethylethylamine
10595-95-6
N-Nitroso-N-methylurea
684-93-5*
N-Nitrosomethylvinylamine
4549-40-0
N-Nitrosomorpholine
59-89-2*
N-Nitrosonornicotine
16543-55-8
N-Nitrosopiperidine
100-75-4
N-Nitrosopyrrolidine
930-55-2
N-Nitrososarcosine
13256-22-9
Nitrofen
11836-75-5
Octachlorostyrene
2908-74-4**
PCDDs (Total polychlorinated dibenzodioxins)
--**
PCDFs (Total polychlorinated dibenzofurans)
--**
PAHs (Total polycyclic aromatic hydrocarbons)
--**
Parathion
56-38-2*††
Pentachlorobenzene
608-93-5††**
Pentachloronitrobenzene [Quintobenzene]
82-68-8*††
Pentachlorophenol
87-86-5*††
Peracetic acid
79-21-0
Phenol
108-95-2††
34
p-Phenylenediamine
106-50-3*
Phenylhydrazine
100-63-0
Phorate
298-02-2
Phosgene
75-44-5*
Phosphine
7803-51-2*
Phosphorus
7723-14-0*
Phosphorus oxychloride
10025-87-3
Phosphorus pentachloride
10026-13-8
Photomirex
39801-14-4**
Phthalic anhydride
85-44-9*
Polybrominated biphenyls
--
Polychlorinated biphenyls [Aroclors]
1336-36-3††
Potassium bromate
7758-01-2
Propane sultone [1,3-Propane sultone]
1120-71-4*
beta-Propiolactone
57-57-8*
Propionaldehyde
123-38-6*
Propoxur [Baygon]
114-26-1*
Propyleneimine [1,2-Propylenimine, (2-Methylaziridine)]
75-55-8*
Propylene oxide
75-56-9*
Pyrene
129-00-0
Quinoline
921-22-5*
Quinone
106-51-4*
Selenium
7782-49-2
Sodium borate
1303-96-4
Styrene 100-42-5
Styrene
100-42-5*
Styrene oxide
96-09-3*
Sulfallate
95-06-7
Sulfuric acid (aerosol)
7664-93-9
Terbufos
13071-79-9
1,2,3,4-Tetrachlorobenzene
634-66-2††**
1,2,4,5-Tetrachlorobenzene
95-94-3††**
1,1,2,2-Tetrachloroethane
79-34-35*
Tetrachloroethylene
[Perchloroethylene]
127-18-4*††
2,3,7,8-Tetrachlorodibenzo-p-dioxin
[2,3,7,8-TCDD]
1746-01-6††
4,4'-Thiodianiline
139-65-1
Thiophenol
108-98-5
Thiourea
62-56-6
Thorium dioxide
1314-20-1
Titanium tetrachloride
7550-45-0*
Toluene
108-88-3††
Toluene-2,4-diisocyanate [2,4-Toluene
diisocyanate]
584-84-9*
35
Toluene-2,6-diisocyanate
91-08-7
o-Toluidine
95-53-4*
o-Toluidine hydrochloride
636-21-5
p-Toluidine
106-49-0
Toxaphene
8001-35-2††
1,2,4-Trichlorobenzene
120-82-1*
1,1,2-Trichloroethane
79-00-5*
Trichloroethylene
79-01-6*††
2,4,5-Trichlorophenol
95-95-4*††
2,4,6-Trichlorophenol
88-06-2*††
Triethylamine
121-44-8*
Trifluralin
1582-09-8*††
Trimethylbenzene
25551-13-7
1,2,4-Trimethyl benzene
95-63-6
2,4,6-Trinitrotoluene
118-96-7
2,2,4-Trimethylpentane
540-84-1*
Tris(2,3-dibromopropyl) phosphate
126-72-7
Trypan blue
72-57-1
Urethane [Ethyl carbamate]
51-79-6*
Vinyl acetate
108-05-4*
Vinyl bromide
593-60-2*
Vinyl chloride
75-01-4*
Vinylidene chloride [1,1-Dichloroethylene]
75-35-4*
Xylenes (isomers and mixture)
1330-20-7*
o-Xylenes
95-47-6*
m-Xylenes
108-38-3*
p-Xylenes
106-42-3*
Antimony compounds*
--
Includes any unique chemical substance
that contains antimony as part of that
chemical's infrastructure
Arsenic compounds*
--
Includes any unique chemical substance
that contains arsenic as part of that
chemical's infrastructure
Beryllium compounds*
--
Includes any unique chemical substance
that contains beryllium as part of that
chemical's infrastructure
Cadmium compounds*
--
36
Includes any unique chemical substance
that contains cadmium as part of that
chemical's infrastructure
Chromium compounds*
--
Includes any unique chemical substance
that contains chromium as part of that
chemical's infrastructure
Cobalt compounds*
--
Includes any unique chemical substance
that contains cobalt as part of that
chemical's infrastructure
Cyanide compounds*
--
x(pos) CN(neg) where X = H(pos) or any
other group where a formal dissociation
can be made. For example, KCN or Ca(CN)
2
Glycol ethers*
--
Includes any unique chemical substance
that contains glycol as part of that
chemical's infrastructure. Includes
mono- and di- ethers of ethylene glycol,
diethylene glycol, and triethylene glycol
R(OCH
2
CH
2
)
n
-OR' where
n = 1,2, or 3
R = alkyl or aryl groups
R' = R, H, or groups which, when
removed, yield glycol ethers with
the structure: R(OCH
2
CH
2
)
n
-OH.
Polymers are excluded from the glycol
category.
Fine mineral fibers*
--
Includes mineral fiber emissions from
facilities manufacturing or processing
glass, rock, or slag fibers (or other
mineral derived fibers) having the
average diameter of 1 micrometer or
less.
Lead compounds*
--
Includes any unique chemical substance
37
that contains lead as part of that
chemical's infrastructure
Manganese compounds*
--††
Includes any unique chemical substance
that contains manganese as part of that
chemical's infrastructure
Mercury compounds*
--
Includes any unique chemical substance
that contains mercury as part of that
chemical's infrastructure
Nickel compounds*
--††
Includes any unique chemical substance
that contains nickel as part of that
chemical's infrastructure
Polycyclic Organic Matter (POM)*
--††
Includes organic compounds having more
than one benzene ring and a boiling
point equal to or greater than 100
degrees Celsius (212 degrees Farenheit).
Radionuclides (including radon)*
--
A type of atom which spontaneously
undergoes radioactive decay.
Selenium Compounds*
--
Includes any unique chemical substance
that contains selenium as part of that
chemical's infrastructure.
* Indicates presence on HAP List.
**Indicates presence on Great Waters or Great Lakes List.
††Indicates presence on HAP and Great Waters or Great Lakes Lists.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above opinion and order was adopted on the _____ day of ___________, 1997, by a vote
of ______________.
___________________________________
38
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board