NOTICE OF HEARINGS

ILLINOIS POLLUTION CONTROL BOARD

February 20, 2003

IN THE MATTER OF:

PROPOSED HORWEEN LEATHER

COMPANY SITE-SPECIFIC AIR RULE,

35 ILL. ADM.CODE 218.112 and 218.929

)

R02-20

(Site–Specific

Rulemaking - Air)

Adopted Rule. Final Order.

OPINION AND ORDER OF THE BOARD (by M.E. Tristano):

This matter comes before the Board upon a proposal to amend the Board’s air quality

regulations for organic material emissions in the Chicago area. The proposal was filed by the

Horween Leather Company (Horween). Horween requests that the Board issue a site-specific

rule from 35 Ill. Adm. Code 218.112 and add a new section 218.929 to change the volatile

organic material (VOM) control requirements as applied to a small amount of new specialty

leathers that Horween plans to produce at its facility located at 2015 North Elston Avenue,

Chicago, Cook County. The requested rule change would allow Horween to continue to produce

its existing specialty leather pursuant to existing regulations, and develop new specialty leather

products in compliance with the modified regulation.

By today’s action the Board adopts the proposed amendments. The rules adopted here

are unchanged from those adopted in the Board’s first-notice and second-notice opinion and

order. On December 5, 2002, the Board proposed the rulemaking for second notice. The Board

directed that the rule be submitted to the Joint Committee on Administrative Rules (JCAR) for

second-notice review. On February 4, 2003, JCAR issued a certification of no objection to the

rule. The following opinion will explain the procedural history, proposal development, proposal

overview, and discuss economic considerations.

PROCEDURAL HISTORY

Horween filed its proposal for rulemaking on February 19, 2002. By order of March 7,

2002, the Board accepted the proposal for hearing. On March 10, 2002, the Board mailed a

request to the Department of Commerce and Community Affairs (DCCA) to perform an

economic impact study on the proposed rulemaking. DCCA did not prepare an economic impact

study, and no questions were raised or comments were made on that issue at hearing or during

the first-notice comment period.

A public hearing was held before Hearing Officer William Murphy in Chicago on

June 26, 2002. Horween presented the testimony of Mr. Arnold Horween III and Julie M.

Christensen, Director of Safety and Environmental Compliance. The Illinois Environmental

Protection Agency (Agency) presented the testimony of Mr. Gary E. Beckstead, Environmental

Protection Engineer.

Prior to testimony, Horween through its attorney Mr. Roy Harsch, acknowledged that the

Agency had rewritten the site-specific proposal submitted in February. Horween concurred with

the Agency revision with two exceptions and subsequently offered a joint motion for its

substitution for Horween’s original draft. Joint Motion.

The Board entered its first notice opinion and order on August 8, 2002. The first-notice

publication of the rules appeared in 26

Illinois Register

13772 (Sept. 20, 2002). No public

comments were received during the first-notice comment period, which ended November 4,

2002. On December 5, 2002, the Board proposed the rulemaking for second notice.

BACKGROUND

Horween submitted a petition for relief from technical restraints associated with making

new types of specialty leather. The production requirements of leather that use higher solvent-

based finishes were the subject of Illinois’ original adoption of amendments to the generally

applicable Reasonably Available Control Technology (RACT) leather coating rule (35 Ill.Adm.

Code 218.926 and 211.6170).

In 1994, the Board, after thoroughly evaluating the required production need of specialty

leathers with a high grease, wax, and oil content, adopted a special subcategory for this

“specialty leather.” 35 Ill. Adm. Code 218.926 and 211.6170. The Board rule allows emission

of VOM in the amount of 38 pounds (lbs.) per 1,000 square feet and further provides an

exemption for the stains used on leather. 35 Ill. Adm. Code 218.96. Furthermore, the rule

specifically defines “specialty leather.” 35 Ill. Adm. Code 211.6170. This particular rule was

approved by the United States Environmental Protection Agency (USEPA) and included in the

Illinois State Implementation Plan (SIP). 59 Fed. Reg. 46567 (Oct. 11, 1994).

Horween has identified two types of what it believes to be other “specialty leathers” that

do not meet the current definition under 35 Ill. Adm. Code 211.6170. The first group of leathers

includes a minor change to Horween’s existing CHROMEXCEL specialty leather. The second

group, performance leathers, includes leather previously made by a closed tannery. This leather

is referred to by Horween as “GENTRY.” The Agency’s revision to the proposed site-specific

rule utilizes a more generic approach and does not specify particular names for the new leathers

Horween is planning to coat. Tr. at 59. By utilizing a generic approach, a new site-specific

regulation would not need filing each time the fashion emphasis changes in the leather industry.

Tr. at 59.

Horween evaluated the existing RACT rules to review potential impacts on future

environmental compliance should these new products be produced. Consequently, Horween

realized that, they would not be able to put these new leathers into production and continue to

comply with the existing Illinois RACT rules. Horween maintains that even though the

production of the newly proposed products cannot meet the current RACT rules, there is a

negligible environmental impact from producing these new products. The production of the new

specialty leathers at this facility will replace production that has been lost since 1995 and would

not exceed the VOM emissions from 1995 with an additional 20 ton per year (TPY) cap on these

new specialty leathers. Furthermore, Horween maintains it would not exceed current emission

limits already in place in the facility’s Title V permit and Emissions Reduction Market System

(ERMS) baseline.

PROPOSAL OVERVIEW

Section 218.929 - Cementable and Dress or Performance Shoe Leathers

Horween has proposed adding Section 218.929 to the Board’s Organic Material Emission

Standards and Limitations for the Chicago Area that sets forth the specific requirements

applicable to certain other specialty leathers outlined within the Section caption. The Agency

has suggested some revisions that are generally agreeable to both parties.

Section 218.929(a) outlines a number of criteria which must be met. Subsection (a) sets

forth:

1) The applicability of the rule that limits all exemptions and volume

emission modification to Horween’s leather manufacturing facility

located at 2015 North Elston Avenue, Chicago, Illinois;

2) VOM emission limits for production of cementable shoe leather with a

percent content of wax, grease, polymer and oils between 12 and 25%

by weight that cannot meet the definition of specialty leathers of 35 Ill.

Adm. Code 211.6170;

3) VOM emission limits for production of dress or performance shoe

leather finished with water emulsified coating materials that cannot meet

the definition of 35 Ill. Adm. Code 211.6170; and

4) No exemption from the annual 10-ton VOM cap applicable to stains

pursuant to Section 218.926(b)(2)(i).

Section 218.929(b) provides numeric limitations on emissions from the production of the

new leather products. They are 14 lbs. VOM/1,000 square feet for non-water resistant leathers;

24 lbs. VOM/1,000 square feet of leather produced for water resistant leather; and a total annual

VOM emission limit of 20 tons.

Section 218.929(c) requires compliance with the company’s approved standard operating

and maintenance procedures (SOMP).

Section 218.929(d) outlines reporting and record keeping requirements which are

consistent with the Subpart and Section 39.5 of the Act (415 ILCS 5/39.5) and allows for use of

an equivalent alternative plan if approved by the Agency and the USEPA.

Section 218.112(a)(26) also incorporates by reference ASTM D2099-00 Standard Test

Method for Dynamic Water Resistance of Shoe Upper Leather by the Maeser Water Penetration

Tester as referenced in 218.929(b)(1).

Horween agreed with the Agency revisions to the proposed rulemaking with two

exceptions: (1) the use of high volume low pressure spray guns; and (2) the requirement to

record and report VOM content and gallons of all coatings by category and by batch.

THE USE OF HIGH VOLUME LOW PRESSURE SPRAY GUNS

To be consistent with the full RACT provisions as approved by USEPA for the Maine

facility, the Agency proposed specific language at Section 218.929(c)(4) which would require

Horween to either convert to HVLP spray guns or document the lack of feasibility or cost

effectiveness for its conversion to the USEPA. Section 218.929(c)(4) sets forth:

A procedure to install and use high volume low pressure (HVLP) spray guns for

the coating of these leathers within one-year after USEPA approves this rule as a

SIP revision or the Company shall document why HVLP spray guns are not a

technically feasible or cost-effective method for applying coating at this facility.

The Agency, through the testimony of Mr. Beckstead, offered that Horween did not

provide sufficient documentation in support of its assertion that they cannot use HVLP spray

guns in their operation. Tr. at 61. Horween argues that Section 172(c)(1) of the Clean Air Act,

42 U.S.C. 7505(c)(1)(2000), requires that the State Implementation Plans (SIP) for non-

attainment areas provide for the implementation of reasonably available control measures

(RACM) including emission reductions obtained through the adoption of RACT. The USEPA

has historically defined RACT as the lowest emission limitation that a particular source is

capable of meeting by the application of control technology that is reasonably available

considering technological and economic feasibility.

See

44 Fed. Reg. 53762 (Sept. 17, 1979).

By regulation, the Pollution Control Board has adopted the USEPA’s historical definition of

RACT.

See

35 Ill. Adm. Code 211.5370.

Further, Mr. Horween testified that a brief test was conducted using the HVLP spray

guns suggested by the Agency. Tr. at 65. The results indicated that the specialty leather

produced would not be of sufficient quality to satisfy customer requirements. Mr. Horween also

indicated that the use of the HVLP spray guns would cause the specialty leather to become a

different product which customers would not purchase. Tr. at 66-69. Mr. Beckstead conceded

that the spray technology recommended by the Agency for testing by Horween currently did not

meet the criteria for HVLP spray guns listed in 211.2990 but that the manufacturer would like to

have it classified as such. Tr. at 63-65.

Based upon the evidence presented, the Board finds that HVLP spray guns are not

technically feasible for the specific Horween Company production of specialty leather allowed

by this site-specific rulemaking. As the Agency’s suggested amendment fails to meet the RACT

criteria for technological and economic feasibility contained within 35 Ill. Adm. Code 211.5370,

the Board has removed the corresponding language at Section 218.929(c)(4) from the proposed

rule.

THE REQUIREMENT TO RECORD AND REPORT VOM CONTENT AND GALLONS

OF ALL COATINGS BY CATEGORY AND BY BATCH

The current record keeping requirements for application of coatings to specialty leather

require VOM emissions to be tracked by category of leather produced. 35 Ill. Adm. Code

218.926(b)(2)(B). Equivalent alternative control plans may be used if approved by the Agency

and USEPA in a federally enforceable permit or as a SIP revision. 35 Ill. Adm. Code

218.926(c). Horween’s current specialty leather production does use an alternative plan. The

alternative plan was submitted in 1996 and approved by the Agency and USEPA. Tr. at 34.

Horween proposes to continue its alternative record keeping practices in this manner for

the new categories of leather proposed in this rulemaking. Tr. at 24-25. Horween proposes to

record the total amount of VOM-containing material “used in a month and divide it amongst the

production of standard leather.” Tr. at 75. Using a percentage based on the square footage of

each category of leather produced in that month, the VOM emissions produced from each

category are estimated. Tr. at 75.

The Agency proposed specific language which would require Horween instead to report

and record VOM content, gallons, and pounds of coatings by each batch of leather manufactured

during each month. The Agency did so based on USEPA’s indication that in light of the

additional categories of leathers, dress or performance water-resistant, dress or performance non-

water-resistant, cementable water-resistant, and cementable non-water-resistant, that the current

procedures were not adequate to verify compliance. Horween objects to the Agency’s proposed

record keeping and reporting requirements, arguing that the existing system which Horween uses

is adequate and has been accepted by both the Agency and USEPA. Horween argues that under

the Agency’s proposal there would be a substantial modification to the record keeping and

reporting procedures that it already follows. Tr. at 33, 37, 60, 61.

Further, Horween maintains that a substantial increase in record keeping would be

required by a batch recording system for a relatively limited amount of VOM compounds and

maximum actual emissions for those compounds per year. Tr. at 73, 79-80. Horween points out

that only two compounds are used on multiple types of leathers manufactured at the facility,

eukesolar dyes and unithane 9107. Tr. at 79-80.

By allowing modification of the finish formulation in this rulemaking, the ability of

Agency and USEPA field inspectors to verify Horween’s monthly estimates of all VOM

containing materials used for each of the new categories of specialty leather becomes of

increasing importance. The Agency’s suggest record keeping requirements “by batch” would

assist in this effort. To the extent that other means may be used to reach this goal of

demonstrating compliance, the Agency’s suggested wording at 218.929(d)(3) provides Horween

the opportunity to propose alternative record keeping procedures to the Agency and USEPA for

approval. Tr. at 60. This is consistent with the Board’s current specialty leather provisions

where the Board has designated that alternative plans are to be approved by the Agency and the

USEPA. 35 Ill. Adm. Code 218.926(c).

The Board finds that the Agency’s request to record and report VOM content and gallons

of all coatings by category and by batch are acceptable and will be included.

ECONOMIC IMPACT

The impetus for the Horween proposal is that the adoption of the amendments would

have a beneficial economic impact by allowing them to compete in additional specialty leather

markets. Horween has experienced a significant loss in revenue over the last ten years from

sales of $32 million to $20 million. Tr. at 124-25. They have decreased employment from

almost 200 employees in 1992 to about 140 employees at present. Tr. at 125. The anticipated

increase in sales associated with production of specialty leathers permitted by this site-specific

rule is $2 to $2.5 million per year. Tr. at 125.

CONCLUSION

Based on the record developed to date in this matter, the Board finds that adoption of the

following amendments, as requested by Horween and modified by the Illinois Environmental

Protection Agency, with the exclusion of the Agency’s proposal for the HVLP spray gun is

appropriate.

ORDER

The Board directs the Clerk to file the following adopted rule with the Secretary of State

for publication in the

Illinois Register

for final notice and adoption in the Illinois Administrative

Code.

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE B: AIR POLLUTION

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER c: EMISSIONS STANDARDS AND

LIMITATIONS FOR STATIONARY SOURCES

PART 218

ORGANIC MATERIAL EMISSION STANDARDS AND

LIMITATIONS FOR THE CHICAGO AREA

SUBPART A: GENERAL PROVISIONS

Section

218.100 Introduction

218.101 Savings Clause

218.102 Abbreviations and Conversion Factors

218.103 Applicability

218.104 Definitions

218.105 Test Methods and Procedures

218.106 Compliance Dates

218.107 Operation of Afterburners

218.108 Exemptions, Variations, and Alternative Means of Control or Compliance

Determinations

218.109 Vapor Pressure of Volatile Organic Liquids

218.110 Vapor Pressure of Organic Material or Solvent

218.111 Vapor Pressure of Volatile Organic Material

218.112 Incorporations by Reference

218.113 Monitoring for Negligibly-Reactive Compounds

218.114 Compliance with Permit Conditions

SUBPART B: ORGANIC EMISSIONS FROM STORAGE AND LOADING

OPERATIONS

Section

218.119 Applicability for VOL

218.120 Control Requirements for Storage Containers of VOL

218.121 Storage Containers of VPL

218.122 Loading Operations

218.123 Petroleum Liquid Storage Tanks

218.124 External Floating Roofs

218.125 Compliance Dates

218.126 Compliance Plan (Repealed)

218.127 Testing VOL Operations

218.128 Monitoring VOL Operations

218.129 Recordkeeping and Reporting for VOL Operations

SUBPART C: ORGANIC EMISSIONS FROM MISCELLANEOUS

EQUIPMENT

Section

218.141 Separation Operations

218.142 Pumps and Compressors

218.143 Vapor Blowdown

218.144 Safety Relief Valves

SUBPART E: SOLVENT CLEANING

Section

218.181 Solvent Cleaning in General

218.182 Cold Cleaning

218.183 Open Top Vapor Degreasing

218.184 Conveyorized Degreasing

218.185 Compliance Schedule (Repealed)

218.186 Test Methods

SUBPART F: COATING OPERATIONS

Section

218.204 Emission Limitations

218.205 Daily-Weighted Average Limitations

218.206 Solids Basis Calculation

218.207 Alternative Emission Limitations

218.208 Exemptions from Emission Limitations

218.209 Exemption from General Rule on Use of Organic Material

218.210 Compliance Schedule

218.211 Recordkeeping and Reporting

218.212 Cross-Line Averaging to Establish Compliance for Coating Lines

218.213 Recordkeeping and Reporting for Cross-Line Averaging Participating Coating

Lines

218.214 Changing Compliance Methods

218.215 Wood Furniture Coating Averaging Approach

218.216 Wood Furniture Coating Add-On Control Use

218.217 Wood Furniture Coating Work Practice Standards

SUBPART G: USE OF ORGANIC MATERIAL

Section

218.301 Use of Organic Material

218.302 Alternative Standard

218.303 Fuel Combustion Emission Units

218.304 Operations with Compliance Program

SUBPART H: PRINTING AND PUBLISHING

Section

218.401 Flexographic and Rotogravure Printing

218.402 Applicability

218.403 Compliance Schedule

218.404 Recordkeeping and Reporting

218.405 Lithographic Printing: Applicability

218.406 Provisions Applying to Heatset Web Offset Lithographic Printing Prior to March

15, 1996

218.407 Emission Limitations and Control Requirements for Lithographic Printing Lines

On and After March 15, 1996

218.408 Compliance Schedule for Lithographic Printing On and After March 15, 1996

218.409 Testing for Lithographic Printing On and After March 15, 1996

218.410 Monitoring Requirements for Lithographic Printing

218.411 Recordkeeping and Reporting for Lithographic Printing

SUBPART Q: SYNTHETIC ORGANIC CHEMICAL AND POLYMER

MANUFACTURING PLANT

Section

218.421 General Requirements

218.422 Inspection Program Plan for Leaks

218.423 Inspection Program for Leaks

218.424 Repairing Leaks

218.425 Recordkeeping for Leaks

218.426 Report for Leaks

218.427 Alternative Program for Leaks

218.428 Open-Ended Valves

218.429 Standards for Control Devices

218.430 Compliance Date (Repealed)

218.431 Applicability

218.432 Control Requirements

218.433 Performance and Testing Requirements

218.434 Monitoring Requirements

218.435 Recordkeeping and Reporting Requirements

218.436 Compliance Date

SUBPART R: PETROLEUM REFINING AND RELATED INDUSTRIES;

ASPHALT MATERIALS

Section

218.441 Petroleum Refinery Waste Gas Disposal

218.442 Vacuum Producing Systems

218.443 Wastewater (Oil/Water) Separator

218.444 Process Unit Turnarounds

218.445 Leaks: General Requirements

218.446 Monitoring Program Plan for Leaks

218.447 Monitoring Program for Leaks

218.448 Recordkeeping for Leaks

218.449 Reporting for Leaks

218.450 Alternative Program for Leaks

218.451 Sealing Device Requirements

218.452 Compliance Schedule for Leaks

218.453 Compliance Dates (Repealed)

SUBPART S: RUBBER AND MISCELLANEOUS PLASTIC PRODUCTS

Section

218.461 Manufacture of Pneumatic Rubber Tires

218.462 Green Tire Spraying Operations

218.463 Alternative Emission Reduction Systems

218.464 Emission Testing

218.465 Compliance Dates (Repealed)

218.466 Compliance Plan (Repealed)

SUBPART T: PHARMACEUTICAL MANUFACTURING

Section

218.480 Applicability

218.481 Control of Reactors, Distillation Units, Crystallizers, Centrifuges and Vacuum

Dryers

218.482 Control of Air Dryers, Production Equipment Exhaust Systems and Filters

218.483 Material Storage and Transfer

218.484 In-Process Tanks

218.485 Leaks

218.486 Other Emission Units

218.487 Testing

218.488 Monitoring for Air Pollution Control Equipment

218.489 Recordkeeping for Air Pollution Control Equipment

SUBPART V: BATCH OPERATIONS AND AIR OXIDATION PROCESSES

Section

218.500 Applicability for Batch Operations

218.501 Control Requirements for Batch Operations

218.502 Determination of Uncontrolled Total Annual Mass Emissions and Average Flow

Rate Values for Batch Operations

218.503 Performance and Testing Requirements for Batch Operations

218.504 Monitoring Requirements for Batch Operations

218.505 Reporting and Recordkeeping for Batch Operations

218.506 Compliance Date

218.520 Emission Limitations for Air Oxidation Processes

218.521 Definitions (Repealed)

218.522 Savings Clause

218.523 Compliance

218.524 Determination of Applicability

218.525 Emission Limitations for Air Oxidation Processes

218.526 Testing and Monitoring

218.527 Compliance Date (Repealed)

SUBPART W: AGRICULTURE

Section

218.541 Pesticide Exception

SUBPART X: CONSTRUCTION

Section

218.561 Architectural Coatings

218.562 Paving Operations

218.563 Cutback Asphalt

SUBPART Y: GASOLINE DISTRIBUTION

Section

218.581 Bulk Gasoline Plants

218.582 Bulk Gasoline Terminals

218.583 Gasoline Dispensing Operations - Storage Tank Filling Operations

218.584 Gasoline Delivery Vessels

218.585 Gasoline Volatility Standards

218.586 Gasoline Dispensing Operations - Motor Vehicle Fueling Operations

SUBPART Z: DRY CLEANERS

Section

218.601 Perchloroethylene Dry Cleaners

218.602 Applicability

218.603 Leaks

218.604 Compliance Dates (Repealed)

218.605 Compliance Plan (Repealed)

218.606 Exception to Compliance Plan (Repealed)

218.607 Standards for Petroleum Solvent Dry Cleaners

218.608 Operating Practices for Petroleum Solvent Dry Cleaners

218.609 Program for Inspection and Repair of Leaks

218.610 Testing and Monitoring

218.611 Applicability for Petroleum Solvent Dry Cleaners

218.612 Compliance Dates (Repealed)

218.613 Compliance Plan (Repealed)

SUBPART AA: PAINT AND INK MANUFACTURING

Section

218.620 Applicability

218.621 Exemption for Waterbase Material and Heatset Offset Ink

218.623 Permit Conditions (Repealed)

218.624 Open Top Mills, Tanks, Vats or Vessels

218.625 Grinding Mills

218.626 Storage Tanks

218.628 Leaks

218.630 Clean Up

218.636 Compliance Schedule

218.637 Recordkeeping and Reporting

SUBPART BB: POLYSTYRENE PLANTS

Section

218.640 Applicability

218.642 Emissions Limitation at Polystyrene Plants

218.644 Emissions Testing

SUBPART CC: POLYESTER RESIN PRODUCT MANUFACTURING

PROCESS

Section

218.660 Applicability

218.666 Control Requirements

218.667 Compliance Schedule

218.668 Testing

218.670 Recordkeeping and Reporting for Exempt Emission Units

218.672 Recordkeeping and Reporting for Subject Emission Units

SUBPART DD: AEROSOL CAN FILLING

Section

218.680 Applicability

218.686 Control Requirements

218.688 Testing

218.690 Recordkeeping and Reporting for Exempt Emission Units

218.692 Recordkeeping and Reporting for Subject Emission Units

SUBPART FF: BAKERY OVENS (REPEALED)

Section

218.720 Applicability (Repealed)

218.722 Control Requirements (Repealed)

218.726 Testing (Repealed)

218.727 Monitoring (Repealed)

218.728 Recordkeeping and Reporting (Repealed)

218.729 Compliance Date (Repealed)

218.730 Certification (Repealed)

SUBPART GG: MARINE TERMINALS

Section

218.760 Applicability

218.762 Control Requirements

218.764 Compliance Certification

218.766 Leaks

218.768 Testing and Monitoring

218.770 Recordkeeping and Reporting

SUBPART HH: MOTOR VEHICLE REFINISHING

Section

218.780 Emission Limitations

218.782 Alternative Control Requirements

218.784 Equipment Specifications

218.786 Surface Preparation Materials

218.787 Work Practices

218.788 Testing

218.789 Monitoring and Recordkeeping for Control Devices

218.790 General Recordkeeping and Reporting

218.791 Compliance Date

218.792 Registration

218.875 Applicability of Subpart BB (Renumbered)

218.877 Emissions Limitation at Polystyrene Plants (Renumbered)

218.879 Compliance Date (Repealed)

218.881 Compliance Plan (Repealed)

218.883 Special Requirements for Compliance Plan (Repealed)

218.886 Emissions Testing (Renumbered)

SUBPART PP: MISCELLANEOUS FABRICATED PRODUCT

MANUFACTURING PROCESSES

Section

218.920 Applicability

218.923 Permit Conditions (Repealed)

218.926 Control Requirements

218.927 Compliance Schedule

218.928 Testing

218.929 Cementable and Dress or Performance Shoe Leather

SUBPART QQ: MISCELLANEOUS FORMULATION MANUFACTURING

PROCESSES

Section

218.940 Applicability

218.943 Permit Conditions (Repealed)

218.946 Control Requirements

218.947 Compliance Schedule

218.948 Testing

SUBPART RR: MISCELLANEOUS ORGANIC CHEMICAL

MANUFACTURING PROCESSES

Section

218.960 Applicability

218.963 Permit Conditions (Repealed)

218.966 Control Requirements

218.967 Compliance Schedule

218.968 Testing

SUBPART TT: OTHER EMISSION UNITS

Section

218.980 Applicability

218.983 Permit Conditions (Repealed)

218.986 Control Requirements

218.987 Compliance Schedule

218.988 Testing

SUBPART UU: RECORDKEEPING AND REPORTING

Section

218.990 Exempt Emission Units

218.991 Subject Emission Units

Section 218.Appendix A: List of Chemicals Defining Synthetic Organic Chemical and

Polymer Manufacturing

Section 218.Appendix B: VOM Measurement Techniques for Capture Efficiency

Section 218.Appendix C: Reference Methods and Procedures

Section 218.Appendix D: Coefficients for the Total Resource Effectiveness Index (TRE)

Equation

Section 218.Appendix E: List of Affected Marine Terminals

Section 218.Appendix G: TRE Index Measurements for SOCMI Reactors and Distillation

Units

Section 218.Appendix H: Baseline VOM Content Limitations for Subpart F, Section 218.212

Cross-Line Averaging

AUTHORITY: Implementing Section 10 and authorized by Section 28.5 of the Environmental

Protection Act [415 ILCS 5/10 and 28.5].

SOURCE: Adopted at R91-7 at 15 Ill. Reg. 12231, effective August 16, 1991; amended in R91-

24 at 16 Ill. Reg. 13564, effective August 24, 1992; amended in R91-28 and R91-30 at 16 Ill.

Reg. 13864, effective August 24, 1992; amended in R93-9 at 17 Ill. Reg. 16636, effective

September 27, 1993; amended in R93-14 at 18 Ill. Reg. at 1945, effective January 24, 1994;

amended in R94-12 at 18 Ill. Reg. at 14973, effective September 21, 1994; amended in R94-15

at 18 Ill. Reg. 16392, effective October 25, 1994; amended in R94-16 at 18 Ill. Reg. 16950,

effective November 15, 1994; amended in R94-21, R94-31 and R94-32 at 19 Ill. Reg. 6848,

effective May 9, 1995; amended in R94-33 at 19 Ill. Reg. 7359, effective May 22, 1995;

amended in R96-13 at 20 Ill. Reg. 14428, effective October 17, 1996; amended in R97-24 at 21

Ill. Reg. 7708, effective June 9, 1997; amended in R97-31 at 22 Ill. Reg. 3556, effective

February 2, 1998; amended in R98-16 at 22 Ill. Reg. 14282, effective July 16, 1998; amended in

R02-20, at_______Ill. Reg____, effective_______.

BOARD NOTE: This Part implements the Environmental Protection Act as of July 1, 1994.

Section 218.112 Incorporations by Reference

The following materials are incorporated by reference and do not contain any subsequent

additions or amendments.

a) American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103:

1) ASTM D2879-86

2) ASTM D323-82

3) ASTM D86-82

4) ASTM D-369-69 (1971)

5) ASTM D-396-69

6) ASTM D2880-71

7) ASTM D-975-68

8) ASTM D3925-81 (1985)

9) ASTM E300-86

10) ASTM D1475-85

11) ASTM D2369-87

12) ASTM D3792-86

13) ASTM D4017-81 (1987)

14) ASTM D4457-85

15) ASTM D2697-86

16) ASTM D3980-87

17) ASTM E180-85

18) ASTM D2372-85

19) ASTM D97-66

20) ASTM E-168-67 (1977)

21) ASTM E-169-87

22) ASTM E-260-91

23) ASTM D2504-83

24) ASTM D2382-83

25) ASTM D323-82 (approved 1982)

26) ASTM D2099-00

b) Standard Industrial Classification Manual, published by Executive Office of the

President, Office of Management and Budget, Washington, D.C., 1987.

c) American Petroleum Institute Bulletin 2517, "Evaporation Loss From Floating Roof

Tanks", Second ed., February 1980.

d) CFR Part 60 (July 1, 1991) and 40 CFR 60, Appendix A, Method 24 (57 FR 30654, July

10, 1992).

e) CFR Part 61 (July 1, 1991).

f) CFR Part 50 (July 1, 1991).

g) CFR Part 51 (July 1, 1991).

h) CFR Part 52 (July 1, 1991).

i) CFR Part 80 (July 1, 1991) and 40 CFR Part 80 Appendixes D, E, and F (July 1, 1993).

j) "A Guide for Surface Coating Calculation", United States Environmental Protection

Agency, Washington, D.C., EPA-340/1-86-016.

k) "Procedures for Certifying Quantity of Volatile Organic Compounds Emitted by Paint,

Ink and Other Coating", (revised June 1986), United States Environmental Protection

Agency, Washington D.C., EPA-450/3-84-019.

l) "A Guide for Graphic Arts Calculations", August 1988, United States Environmental

Protection Agency, Washington D.C., EPA-340/1-88-003.

m) "Protocol for Determining the Daily Volatile Organic Compound Emission Rate of

Automobile and Light-Duty Truck Topcoat Operations", December 1988, United States

Environmental Protection Agency, Washington D.C., EPA-450/3-88-018.

n) "Control of Volatile Organic Emissions from Manufacturing of Synthesized

Pharmaceutical Products", United States Environmental Protection Agency, Washington,

D.C., EPA-450/2-78-029.

o) "Control of Volatile Organic Compound Leaks from Gasoline Tank Trucks and Vapor

Collection Systems", Appendix B, United States Environmental Protection Agency,

Washington, D.C., EPA-450/-78-051.

p) "Control of Volatile Organic Compound Emissions from Large Petroleum Dry Cleaners",

United States Environmental Protection Agency, Washington, D.C., EPA-450/3-82-009.

q) "APTI Course SI417 Controlling Volatile Organic Compound Emissions from Leaking

Process Equipment", United States Environmental Protection Agency, Washington, D.C.,

EPA-450/2-82-015.

r) "Portable Instrument User's Manual for Monitoring VOC Sources", United States

Environmental Protection Agency, Washington, D.C., EPA-340/1-86-015.

s) "Protocols for Generating Unit-Specific Emission Estimates for Equipment Leaks of

VOC and VHAP", Unites States Environmental Protection Agency, Washington, D.C.,

EPA-450/3-88-010.

t) "Petroleum Refinery Enforcement Manual", United States Environmental Protection

Agency, Washington, D.C., EPA-340/1-80-008.

u) "Inspection Manual for Control of Volatile Organic Emissions from Gasoline Marketing

Operations: Appendix D", United States Environmental Protection Agency, Washington,

D.C., EPA-340/1-80-012.

v) "Control of Hydrocarbons from Tank Truck Gasoline Loading Terminals: Appendix A",

United States Environmental Protection Agency, Washington, D.C., EPA-450/2-77-026.

w) "Technical Guidance-Stage II Vapor Recovery Systems for Control of Vehicle Refueling

Emissions at Gasoline Dispensing Facilities", United States Environmental Protection

Agency, Washington, D.C., EPA-450/3-91-022b.

x) California Air Resources Board, Compliance Division. Compliance Assistance Program:

Gasoline Marketing and Distribution: Gasoline Facilities Phase I & II (October 1988,

rev. November 1993) (CARB Manual).

y) South Coast Air Quality Management District (SCAQMD), Applied Science &

Technology Division, Laboratory Services Branch, SCAQMD Method 309-91,

Determination of Static Volatile Emissions.

z) South Coast Air Quality Management District (SCAQMD), Applied Science &

Technology Division, Laboratory Services Branch, SCAQMD Method 312-91,

Determination of Percent Monomer in Polyester Resins.

(Source: Amended at

, effective

)

Section 218.929 Cementable and Dress or Performance Shoe Leathers

a) The rule requirements of this Section apply to a leather manufacturing facility

located at 2015 North Elston Avenue, Chicago, Illinois. The VOM emission

limits set forth in this Section shall only apply to the following types of select

grade of chrome tanned, bark/polymer retanned specialty leathers:

1) Cementable Shoe Leather is leather which is:

A) Hot stuffed without the presence of water, fat liquored or wet

stuffed by direct contact with wax, grease, polymers and oils in

liquefied form at elevated temperatures. The content of wax,

grease, polymers and oils embedded into the leather shall be over

12 percent but less than 25 percent by weight, measured on a dry

weight basis. Applicable leathers shall be determined using the

equation below:

12% < P < 25%

Where:

P = W\L x 100

P = percent content of wax, grease, polymer, and oils

W = weight of wax, grease, polymers and oils in pounds added to

the leather

L = dry weight of the leather in pounds before addition of wax,

greases, polymers and oils.

B) Finished with coating materials which adhere to the leather surface

that feels oily; and

C) Used primarily for manufacture of shoes and cannot meet the

definition for specialty leather pursuant to 35 Ill. Adm. Code

Section 211.6170.

2) Dress or Performance Shoe Leather is leather which is:

A) Finished with coating materials containing water emulsified

materials using water miscible solvent materials to protect the

leather and pigmented coating; and

B) Used primarily for manufacture of sewn shoes where the leather

must be capable of soaking with a fine, dressy finish that cannot

meet the lbs. per gallon VOM limitations set forth in Section

218.926 of this Subpart and cannot meet the definition for

specialty leather pursuant to 35 Ill. Adm. Code Section 211.6170.

3) The requirements of this Section do not apply to the production of those

specialty

leathers that meet the definition of specialty leathers pursuant to

35 Ill. Adm. Code 211.6170 or to the production of leathers that can meet

the control requirements of Section 218.926 of this Subpart.

4) The 10-ton exemption for stain pursuant to Section 218.926(b)(2)(i) of

this Subpart does not apply to leathers produced pursuant to the

requirements of this Section.

b) The production of specialty leather as defined in subsection (a) of this Section is

subject to the following limitations:

1) For both water resistant and non-water resistant leathers, the leather will

be designated as water resistant or non-water resistant in the shipping

room by using ASTM D 2099-00, as incorporated by reference in Section

218.112 of this Part.

2) For non-water resistant leathers, the total VOM emissions shall not exceed

14.0 lbs VOM/1,000 square feet of leather produced on a 12-month rolling

average basis.

3) For water resistant leathers, the total VOM emissions shall not exceed

24.0 lbs VOM/1,000 square feet of leather produced on a 12-month

rolling average basis.

4) The total emissions of VOM from leathers produced pursuant to the

emission limits in this Section shall not exceed 20 tons per year.

c) The owner or operator shall comply with their approved standard operating and

maintenance procedures (SOMP). The SOMP will contain the following

elements:

1) A procedure to minimize the volatilization of solvents during the

measuring of coating proportions and/or mixing of coatings.

2) A procedure to minimize VOM fugitive losses from the coating and

solvent storage rooms. Procedures should include methods of securely

sealing containers and methods to clean up accidental spills.

3) A procedure to minimize solvent usage or VOM losses during equipment

cleanup and during transport (including the transferring of coatings from

the mixing areas to the coating lines).

d ) Owner or operator shall perform the reporting and record keeping consistent with

the requirements of Section 218.929 of this Subpart and Section 39.5 of the Act

(415 ILCS 5/39.5), and shall include at a minimum the following:

1) The VOM content and gallons of each coating and the total pounds of

VOM of all coatings applied to each category of leather, e.g., cementable

non-water resistant, dress water resistant, by batch during each month; and

2) The total area of each category of leather produced during the month

based on the number of items produced and the area of such items,

measured or established in accordance with procedures set forth in a

federally enforceable permit.

3) Notwithstanding the requirements of subsections (d)(1) and (d)(2) of this

Section, the owner or operator may comply with an equivalent alternative plan for

reporting and record keeping that has been approved by the Agency and the

USEPA in a federally enforceable permit or as a SIP revision.

(Source: Amended at___________, effective_____________)

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board

adopted the above opinion and order on February 20, 2003, by a vote of 7-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board