ILLINOIS POLLUTION CONTROL BOARD
May 1, 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)
Adopted Rule.
Final Order.
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).
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.
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.
On January 9, 1997 the Board adopted an interim opinion and order proposing a
Second Notice for further comments. The Board allowed public comments on the proposed
Second Notice to be filed until February 14, 1997. On March 20, 1997 the Board adopted a
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Second Notice in this matter. The rule was filed with the Joint Committee of Administrative
Rules (JCAR) and on April 15, 1997 JCAR voted a certification of no objection to the rule.
Today the Board proceeds to Final Notice with this rule. During the Second Notice
period, the Board made several non-substantive changes and one substantive change at the
request of JCAR.
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.
Section 232.120 Definitions
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”, “process”, 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.
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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.
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.
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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
For a discussion of the public comments received in this matter during the rulemaking
process see our Second Notice opinion adopted on March 20, 1997.
SUMMARY OF THE REQUESTED JCAR CHANGES
The Board, at the request of JCAR, adopted the following changes between Second
Notice and today's Final Rule.
The subsections labels a), b) and c) were deleted from the definition of "Commercial Fuel"
in Section 232.120.
In the definition of "Illinois Toxic Air Contaminant" the reference to the Clean Air Act
was changed by deleting "as amended" and adding "(1990)".
In the definition of "LC50", "fifty percent" was deleted and replaced with "50%".
In the definition of "LD50","fifty percent" was deleted and replaced with "50%".
In the definitions "Manufacture", "Otherwise use" and "Process" we deleted the phrase
"Sections 232.400 through 232.460" and replaced it with "Subpart D".
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In the definition of "NTP" we deleted the apostrophe connected to the phrase "United
States".
In Section 232.410(b)(4) we added a semicolon at the end of the "35 Ill. Adm. Code
201.146".
In Section 232.410(b)(5) we made the phrase "Commercial and Non-Commercial"
lower case.
Also in Section 232.410(b)(5) we changed "Illinois Administrative" to "Ill. Adm.".
In Section 232.410(b)(6) we again changed the phrase "Illinois Administrative" to "Ill.
Adm." and corrected the spelling of "agrichemical".
In Section 232.410(c) we changed "one percent" to "1%" and "one-tenth of one
percent" to ".1%".
In Section 232.420(b) we capitalized "Section" before "232.430".
In Section 232.430 we combined subsections (a)(1) and (2) to read as follows:
(a)(1)
Source identification information and the source's actual annual
emissions of each ITAC (identified by generic name and Chemical
Abstract Service (CAS) number) 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
As a result of combining the old (a)(1) and (2), the old Section 232.430(a)(3) has
become at Final Notice Section 232.430(a)(2). Additionally, we changed old Section
232.430(a)(3) by capitalizing "Know" in the phrase "Emergency Planning and
Community Right to Know Act". We changed the phrase "Subsections (a)(1) and (2)
of this section" to "subsection (a)(1) of the Section". Finally, in the last sentence of
Section 232.430(a)(3), now Section 232.430(a)(2), we changed the phrase "subsections
(a)(1) and (2)" to "subsection (a)(1) of this Section".
In Section 232.430(c) we deleted "January 1, 1996" and replaced with "the effective
date of this Subpart". JCAR felt that this was unclear as to when sources were required
to file reports for the first time and may be retroactive. At Second Notice, due to the
timing of the final adoption of these rules, we changed the filing date for reports to be
October 1, 1997. If the change in Section 232.430(c) was not made certain sources
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may be required to file prior to that October 1, 1997 filing date. As such we thought it
appropriate to make the change.
Additionally, in Section 232.430(c) we changed the phrase "subsections (a)(1), (a)(2),
or (a)(3)" to "subsections (a)(1) or (a)(2)" and deleted "of this Part" after "Subpart D"
in the last sentence.
In Section 232.430(e) we deleted "of this Part" after "Subpart D" in the last sentence.
In Section 232.430(f) we added "this" after "under" in the last sentence and deleted "of
this Part".
In the first sentence of Section 232.501 we deleted "as amended" and replaced with
"(1990)".
In Appendix A we changed "3,4 Benzofluoronthene" to "3,4 Benzofluoranthene".
CONCLUSION
The Board today adopts a rule which will implement parts of Section 9.5 of the Act.
Specifically, by today's action the Board will be implementing Section 9.5(c) of the Act which
will allow the Agency after the review of the information gathered on Illinois ITAC emissions
propose rules concerning the control of such emissions as set forth in Section 9.5(d) of the
Act.
ORDER
The Board directs the Clerk to cause the filing of the following adopted rule for Final
Notice and publication in the
Illinois Register
with the Secretary of State:
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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
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SUBPART E: LISTING AND DELISTING
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 21 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:
Any fuel offered for final sale for use in combustion processes;
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
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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)
(1990); 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, 50% (.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, 50% (.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 Subpart D of this Part, to produce, prepare, or
compound a listed ITAC, and includes 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.
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"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 Subpart D of this Part, any activity involving a
listed ITAC at a source that does not fall within the definition of "manufacture" or
"process."
"Process" means, for the purposes of Subpart D 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 21 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 21 Ill. Reg. _______, effective _______________.)
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.
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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;
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 Ill. Adm. 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 Ill. Adm. Code 255 that are used for storage or
distribution of agrichemicals; and
7)
The requirements of this Subpart 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 1% (0.01) by weight, or .1% (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 21 Ill. Reg. ______, effective ______________.)
Section 232.420
ITAC Source Report
a)
On or before July 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
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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 21 Ill. Reg. _____, effective ______________.)
Section 232.421
Emissions Report Certification
All emission reports filed pursuant to this Subpart shall contain the following certification
statement: "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 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 21 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, may contact the Agency to
request the ITAC Source Report.
(Source: Added at 21 Ill. Reg. _____, effective ______________.)
Section 232.430
Emissions Report
a)
On or before October 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:
(1)
Source identification information and the source's actual annual
emissions of each ITAC (identified by generic name and Chemical
Abstract Service (CAS) number) 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
2)
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
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USEPA's Emergency Planning and Community Right to Know Act
(EPCRA) Form R in lieu of the report required under subsection (a)(1) 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 subsection (a)(1) of this Section.
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 the effective date of this
Subpart, 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 from such source is due under this Subpart. Such emissions report
shall contain all of the information listed in subsections (a)(1) or (a)(2) 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.
d)
An owner or operator of a source subject to this Subpart shall submit to the
Agency a revised 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
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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.
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 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
this Section 232.430.
(Source: Added at 21 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, the owner or operator of a source may:
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 21 Ill. Reg. _____, effective ______________.)
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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.
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 21 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 21 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
16
Notwithstanding the provisions of Section 232.500 of this Subpart, all chemicals listed as
"hazardous air pollutants" under Section 112(b) of the CAA (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.
(Source: Added at 21 Ill. Reg. , effective .)
Section 232.APPENDIX A List of Toxic Air Contaminants
Chemical Name
CAS Number
Acetaldehyde Acetaldhyde
75-07-0*
Acetamide
60-35-5*
Acetonitrile
75-05-8*
Acetophenone
98-86-2*
2-Acetylaminofluorene
53-96-3*
Acrolein
107-02-8*
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 Benz(a)anthracene
56-55-3**
Benzene
71-43-2*
Benzidine
92-87-5*
Benzo(a)pyrene
50-32-8**
Benzo(b)fluoranthene [3,4-Benzofluoranthene]
205-99-2**
17
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
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
18
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
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
19
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 Dichlorvos
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) phthalate Phthalate [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-Dimethylaminoazobenzene [Dimethyl aminoazo-
benzene]
60-11-7*
3,3'-Dimethylbenzidene [o-Tolidine]
119-93-7*
Dimethylcarbamoyl chloride
79-44-7*
N,N-Dimethyl formamide
68-12-2*
1,1-Dimethylhydrazine
57-14-7*
1,2-Dimethylhydrazine
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*
Ethyleneimine [Aziridine]
151-56-4*
Ethylene oxide
75-21-8*
Ethylene thiourea
96-45-7*
20
Ethylidene dichloride [1,1-Dichloroethane]
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*
Hydrazine sulfate
10034-93-2
Hydrochloric acid (aerosol)
7647-01-0*
Hydrogen cyanide
74-90-8
Hydrogen fluoride [Hydrofluoric acid]
7664-39-3*
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††
21
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'-Methylenebis(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
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*
22
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††
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*
Sulfalate Sulfallte
95-06-7
Sulfuric acid (aerosol)
7664-93-9
Terbufos
13071-79-9
23
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*
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††
Trimethyl benzene
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
24
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 chemicals infrastructure
Cadmium compounds*
--
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
25
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
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.
26
* 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, do hereby certify
that the above order was adopted on the 1
st
day of May, 1997, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
