BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RE
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ED
CLERFc’S
OFF~(~E
IN THE MATTER OF:
CLEAN-UP
AMENDMENTS TO 35 ILL.
ADM.
CODE PART 214
TO:
)
)
)
)
)
)
NOTICE
RO~/0
(Rulemaking
-
Air)
SEP
022003
STATE OF
ILLINOIS
Pollution
Control Board
Dorothy Gunn, Clerk
Illinois Pollution Control Board
State ofIllinois Center
100 West Randolph, Suite 11-500•
Chicago, Illinois 60601
Katherine D. Hodge
Executive Director
Illinois Environmental Regulatory Group
3150 Roland Avenue
Springfield, IL
62703
Matthew Dunn, Chief
Attorney General’s Office
James R. Thompson Center
100
West Randolph,
12th Floor
Chicago, Illinois 60601
Jonathan Furr
ChiefLegal Counsel
Illinois Dept. ofNatural Resources
524
South S.econd Street
Springfield, Illinois 62701-1787
PLEASE TAKE NOTICE that I have today filed with the Office ofthe Pollution
Control Board the REGULATORY PROPOSAL FOR CLEAN-UP AMENDMENTS TO
35
ILL. ADM. CODE PART 214 and APPEARANCE ofthe Illinois Environmental
Protection Agency a copy ofwhich is herewith served upon you.
DATED:
August 28, 2003
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
By:
Charles E.
Matoesian
Assistant Counsel
Division ofLegal Counsel
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RE
~
E
ItVIED
CLERK’S
OFF!CE
IN THE MATTER OF:
)
SEP
022003
1~
CLEAN-UP
)
R07-
lb
STATE OF ILLINOIS
AMENDMENTS TO 35 ILL.
)
(Rulemaking
-
Air)
Pollution
Control Board
ADM. CODE PART 214
.
)
)
TABLE OF CONTENTS OF REGULATORY SUBMITTAL
Following is a Table ofContents ofall pleadings and documents included with the
regulatory action proposed:
1.
Notice ofProposal
2.
Appearance ofCharles
E. Matoesian, Assistant Counsel, for the Illinois
Environmental Protection Agency
3.
Director Renee Cipriano’s Proposal ofAmendments
4.
Agency Analysis ofEconomic and Budgetary Effects
5.
Statement of Reasons
6.
Illinois Register Notice ofProposed Amendments~
7.
Proposed Amendments:
The original and nine (9) copies
8.
Statement ofJustification
9.
Proof of Service
10.
Disk in Microsoft Word containing:
a.
Agency’s Analysis ofEconomic and Budgetary Effects
b.
First Notice Form for 35
Ill. Adm.
Code Part 214
c.
Proposed Amendments to 35 Ill. Adm. Code Part 214
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RE CE
~V ED
IN THE MATTER OF:
)
CLEPK~
~
)
SEP
022003
CLEAN-UP
)
RO
-
AMENDMENTS TO 35 ILL.
)
(Rulemaking
-,
Air)
ST~’ffEOF ILLINOIS
ADM. CODE PART 214
)
Pollution
Control Board
)
APPEARANCE
The undersigned, as one ofits attorneys, hereby enters an Appearance on behalf
of the Illinois Environmental Protection Agency.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
Charles E.
Matoesian
Assistant Counsel
Division of Legal Counsel
DATED:
August 28, 2003
P.O.
Box 19276
Springfield, Illinois 62794-9276
217/782-5544
BEFORE THE ILLINOIS POLLUTION CONTROL BOAR~F C
~.
A
V ED
CLERK’S (~F.
IN THE MATTER OF:
)
SEP
022003
CLEAN-UP
)
ROf~
STAfE
OF
ILLiNOIS
AMENDMENTS TO
35
ILL.
)
(Rulemaking
-
Air)
~
U
Ofl
on
ADM. CODE PART 214
)
)
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY PROPOSAL
OF
AMENDMENTS
The Illinois Environmental Protection Agency moves that the Illinois Pollution Control
Board adopt the attached amendments to Part 214.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
By:
_____________
Renee Cipriano~
Director
DATED:
August
28, 3003
P.0:Box 19276
Springfield, Illinois 62794-9276
217/782-3397
AGENCY
ANALYSIS
OF
ECONOMIC
AND
BUDGETARY
EFFECTS
OF
PROPOSED
RULEMAKiNG:
Agency:
Illinois Pollution Control Board
Part/Title:
35
III. Adm.
Code Part 214:
SULFUR LIMITATIONS
Illinois Register Citation:
____________________________________
Please attempt to provide as dollar-specific responses as possible and feel free to add any relevant
explanation.
1.
Anticipated effect on
State
expenditures and revenues.
(a)
Current cost to the agency forthis program/activity.
NONE
(b)
If this rulemaking will result in
an
increase or decrease in cost,
specify the fiscal
year in which this change will first occur and the dollar amount ofthe effect.
N/A
(c)
Indicate
the
funding
source,
including
Fund
and
appropriation
lines,
for
this
program/activity.
No additional funds are necessary.
(d)
If an
increase
or
decrease
in
the
costs
of another State
agency
is
anticipated,..
specify
the
fiscal
year
in which
this
change
will
first
occur
and
the
estimated
dollar amount ofthe effect.
N/A
(e)
Will
this
rulemaking
have
any
effect
on
State
revenues
or
expenditures
not
already indicated above?
No
2.
Economic
effect on
persons affected by the rulemaking:
(a)
Indicate the economic effect and specify the persons affected:
Positive
Negative
No effectj~
Persons affected:
N/A
Dollar amount per person:
~
Total statewide cost:
N/A
.
(b)
If an
economic
effect
is
predicted,
please
briefly describe how the
effect will
occur.
N/A
(c)
Will
the
rulemaking have
an
indirect effect
that
may result in
increased
administrative costs?
Will
there
be
any
change in
requirements such
as
filing, documentation, reporting or completion offorms?
The rulemaking should have no
indirect effect that may result in..
increased administrative costs.
The rulemaking merely corrects
typographical errors in Part 214.
BEFORE THE ILLINOIS POLLUTION CONTROL BOAR
_i.sRK~S~
IN THE MATTER OF:
)
SEP
022003
T
TE OF ILUNOIS
CLEAN-UP
)
R4-
/~
Control Board
AMENDMENTS TO 35 ILL.
)
(Rulemaking
-
Air)
Po
u
ADM. CODE PART 214
)
)
STATEMENT OF REASONS
The Illinois Environmental Protection Agency (“Illinois EPA”) hereby submits this
Statement ofReasons to the Illinois Pollution Control Board (“Board”) pursuant to
Sections 27 and 28 ofthe Environmental Protection Act
(“Act”)(415
ILCS
5/27 and 28)
and 35
Ill. Adm. Code
102.202(b), in support ofthe attached proposed amendments to
existing regulations.
Included in this proposal are amendments to 35
Ill. Adm. Code
Part
214 “Part 214”
which correct typographical errors in the “Special Formula” at Section
214.184.
This proposal amends the most recent version of
Part
214 as found on the
Board’s website.
I.
ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY PROPOSAL
This proposed rulemaking is simply a “clean-up” ofthe existing regulation and results
from comments by industry.
It seeks only to correct typographical errors present in the
existing formula used to determine sulfur dioxide
emissions from stationary
sources.
Originally, the Subpart at issue was adoptedto satisfy Clean Air Act (“CAA”)
requirements.
IL
GEOGRAPHIC REGIONS AND
SOURCES AFFECTED
Sulfur dioxide emitting sources throughout the state could be affected by this proposal,
but, as stated, the proposal simply involves the correction oftypographical errors.
III.
PURPOSE
AND
EFFECT OF THE
PROPOSAL
This proposal is a minor clean-up of Part 214.
It is
intended to have no real impact upon
sources except in that it clarifies the existing formula for calculating sulfur dioxide
emissions from stationary sources.
IV. TECHNICAL
FEASIBILITY AND ECONOMIC REASONABLENESS
The amendments to Part 214 do not impose new requirements.
The Illinois EPA
therefore believes that an analysis oftechnical feasibility and
economic reasonableness is
not appropriate.
V.
COMMUNICATION WITH INTERESTED PARTIES
These amendments are being proposed based on inquiries from industry.
VI.
CONCLUSION
The Agency proposes a minor clean-up ofthe rule at 35 Ill. Adm. Code 214 to correct
typographical errors present in the formulain Section
184.
WHEREFORE, for the reasons stated above, the Illinois EPA hereby submits this
regulatory proposal
and requests the Board adopt these proposed amendments to Part 214
forthe State ofIllinois.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
By~-~~
Charles E. Matoesian
Assistant Counsel
.
Division of Legal Counsel
DATED:
August 28,
2003
1021 North Grand Ave. East
P.O.Box 19276
Springfield,
IL
62794-9276
2
iLLiNOIS REGISTER
ENVIRONMENTAL PROTECTION AGENCY
NOTICE OF PROPOSED AMENDMENTS
1)
Heading ofthe Part:
Sulfur Limitations.
2)
Code Citation:
35
Ill. Adm Code
214
3)
Section Numbers:
Proposed Action:
Authority
Amended
214.184
Amended
4)
Statutory Authority:
Sections
27
and
28 of the
Illinois
Environmental
Protection
Act.
415
ILCS
5/27 and 28
5)
A Complete Description ofthe Subjects and Issues Involved:
This proposal is a
clean-up ofPart 2 14.184.
The rulemaking merely corrects typographical errors present in
the “Special Formula” used to
determine sulfur dioxide emissions from stationary
sources.
6)
Will this proposed rule replace an emergency rule currently in effect?
No.
7)
Does this rulemaking contain an automatic repeal date?
No.
8)
Does this proposed rule (amendment, repealer) contain incorporations by reference?
Yes.
9)
Are there any otherproposed amendments pending on thisPart?
No.
10)
Statement
of Statewide
Policy
Objective:
This
proposed
amendment
is
intended
to
correct
typographical
errors present in
the
“Special Formula”
used to
determine
sulfur
dioxide
emissions
from
stationary
sources.
As
such,
it
will
clarify
compliance
requirements for sources in Illinois.
It does not increase state mandates.
11)
Time,
Place,
and
Manner
in
which
interested persons
may comment on
this proposed
rulemaking:
The Illinois
Environmental
Protection
Agency
will
accept written
public
comments
on
this
proposal
for
a
period
of
forty-five
(45)
days
.
after
the
date
of
publication
in the illinois
Register.
Comments
should
reference the
Sulfur Limitations
and be addressed to:
Charles E. Matoesian
Assistant Counsel
Illinois Environmental Protection Agency
ILLiNOIS REGISTER
ENVIRONMENTAL PROTECTION AGENCY
NOTICE OF PROPOSED AMENDMENTS
Division of Legal Counsel
1021 North Grand Avenue East
P.O.Box 19726
Springfield, Illinois
62794-9276
217/782-5544
217/782-9143( TDD)
12)
Initial Regulatory Flexibility Analysis:
A)
Types of small
businesses,
small
municipalities
and
not for profit corporations
affected:
The amendment will clarify compliance requirements for sources.
•
B)
Reporting, Bookkeeping or other procedures required for compliance:
None.
C)
Types ofprofessional skills necessaryfor compliance:
None.
13)
Regulatory Agenda on which this rulemaking was summarized:
July 2003
14)
Does this amendment require the review ofthe Procurement Policy Board as specified in
Section
5-25
of the Illinois Procurement Code?
30
ILCS
500/5-25
:
No.
The full text ofthe Proposed Rule(s) begins on the next page:
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE
B:
AIR
POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER
C:
EMISSION STANDARDS AND LIMITATIONS
FOR STATIONARY SOURCES
PART 214
SULFUR LIMITATIONS
SUBPART A:
GENERAL
PROVISIONS
Section
214.100
Scope and Organization
2 14.101
•
Measurement Methods
2 14.102
Abbreviations and Units
214.103
Definitions
214.104
Incorporations by Reference
SUBPART B:NEW FUEL
COMBUSTION EMISSION SOURCES
Section
214.120
Scope
214.12 1
Large Sources
2 14.122
Small Sources
SUBPART
C:EXISTING SOLID FUEL
COMBUSTION EMISSION SOURCES
Section
214.140
Scope
.
214.141
Sources Located in Metropolitan Areas
2 14.142
Small Sources Located Outside Metropolitan Areas
214.143
Large Sources Located Outside Metropolitan Areas
SUBPART D:EXJSTING LIQUID OR
MIXED FUELCOMBUSTION EMISSION
SOURCES
Section
214.161
Liquid Fuel Burned Exclusively
214.162
CombinationofFuels
SUBPART E:AGGREGATION OF SOURCES OUTSIDE METROPOLITAN
AREAS
Section
214.18
1
Dispersion Enhancement Techniques
214.182
Prohibition
214.183
General Formula
214.184
Special Formula
2 14.185
Alternative Emission Rate
214.186
New Operating Permits
SUBPART F: ALTERNATIVE
STANDARDS
FOR SOURCES INSIDE
METROPOLITAN AREAS
Section
214.201
Alternative Standards for Sources in Metropolitan Areas
2 14.202
Dispersion Enhancement Techniques
SUBPART K:
PROCESS EMISSION SOURCES
Section
214.300
Scope
214.301
General Limitation
2 14.302
Exception for Air Pollution Control Equipment
2 14.303
Use of Sulfuric Acid
214.304
Fuel Burning Process Emission Source
SUBPART 0:
PETROLEUM REFINING,
PETROCHEMICAL AND
CHEMICAL MANUFACTURING
Section
214.380
Scope
214.38 1
Sulfuric Acid Manufacturing
214.382
Petroleum and Petrochemical Processes
2 14.383
Chemical Manufacturing
2 14.384
Sulfate and Sulfite Manufacturing
SUBPART P: STONE, CLAY, GLASS AND CONCRETE PRODUCTS
Section
214.400
Scope
•
214.401
Glass Melting and Heat Treating
2 14.402
Lime Kilns
SUBPART
Q:
PRIMARY
AND
SECONDARY METAL
MANUFACTURING
Section
214.420
Scope
214.42 1
Combination ofFuels at Steel Mills in Metropolitan Areas
2 14.422
Secondary LeadSmelting in Metropolitan Areas
2 14.423
Slab Reheat Furnaces in St.
Louis Area
SUBPART
V:ELECTRICPOWER
PLANTS
Section
2 14.521
Winnetka Power Plant
SUBPART X:UTILITIES
Section
214.560
Scope
214.561
E. D. Edwards Electric Generating Station
214.562
Coffeen Generating Station
Appendix A
Rule into Section Table
AppendixB
Section into Rule Table
•Appendix C
Method used to Determine Average Actual Stack Height and Effective
Height ofEffluent Release
Appendix D
Past Compliance Dates
AUTHORITY:
Implementing Section
10 and
authorized by Section~
27 and 28 ofthe
Environmental Protection Act (415 ILCS
5/10,
5/27 and
5/28).
(Ill. Rev.
Stat.
1989,
ch.
111
1/2,pars.
1010 and 1027)
SOURCE:
Adopted as Chapter 2: Air Pollution, Rule 204: Sulfur Emission Standards
and Limitations, R71-23,
4 PCB
191, filed and effective April
14,
1972;
amended in R74-
2 and
R75-5,
32
PCB
295,
at
3
Ill. Reg.
5,
p.
777, effective February 3,
1979; amended in
R74-2,
R75-5,
38PCB 129, at 4 Ill. Reg. 28, p.
417, effective June 26,
1980; amended in
R78-17,
40PCB 291, at
5
Ill. Reg. 1892, effectiveFebruary 17, 1981; amended inR77-
15,
44 PCB 267, at
6 Ill. Reg. 2146, effective January 28,
1982;
amended and
renumbered in R80-22(A), at 7 Ill.
Reg. 4219, effective March 28,
1983; codified 7 Ill.
Reg.
13597;
amended in R80-22(B), at
S Ill. Reg.
6172, effective April 24,
1984;
amended in R84-28, at
10
Ill. Reg.
9806, effective May 20,
1986; amended in R86-31, at
12 Ill. Reg.
17387, effective October 14,
1988;
amended in R86-30, at
12
Ill. Reg.
20778,
effective December 5,
1988; amended in R87-31
at 15
III. Reg.
1017, effective January
15,
1991~ amended in
________
at
••
,
effective
_________________
SUBPART E:
AGGREGATION OF SOURCES
OUTSIDE METROPOLITAN AREAS
Section
214.184
Special Formula
a)
Ifthe maximum total emissions ofsulfur dioxide into the atmosphere in
•
any one hour period from all
fuel combustion emission sources owned or
operated by any person and located within a
1
mile (1.6 1cm) radius from
the center point of any such fuel combustion emission sources exceed,
•
during normal cyclical variations in firing rate and fuel, the emissions
allowed under Section 214.183 but, as ofApril
1,
1978, were in
compliance with either the formula detailed below
or a Pollution Control
Board (Board) order, then the owner or operator ofthe emission sources
shall not cause or allow such emissions to
exceed the emissions allowed
under Section 214.183
or the formula detailedbelow, whichever the owner
or operator ofthe emission sources determines shall apply.
b)
E=
0.2222H2
H=
P1H1+P2H2+...P~H~
(Note:
P1+P2...P~=1)
c)
As used in these equations, symbols mean the following:
E
=
total emission of sulfur dioxide, in pounds per hour, into the
atmosphere in any one hour period from all fuel combustion
emission sources owned or operated by such person and located
within a
1
mile radius from the center point of any such emission
source;
P1. i
1, 2,...,
n
percentage oftotal
emissions B
emitted from source i expressed in
•
decimal equivalents,I divided by
4OO~
and
H1, i
=
1, 2,...,
n
=
physicalheight in feet above grade
ofstack i.
(Source:Amended at
effective
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIIVED
ClERK’S
OFFiCE
IN THE MATTER OF:
)
~
02
2003
)
SlATE OF ILLINOIS
CLEAN-UP
)
RO~-
/~
Pollution
Control Board
AMENDMENTS TO 35 ILL.
)
(Rulemaking
-
Air)
ADM. CODE PART 214
)
)
STATEMENT OF JUSTIFICATION
Pursuant to 35
Ill. Adm.
Code
Section 102.202(j) this statementjustifies why the
following information need not be included in the Statement ofReasons in this matter.
First, as the proposal is
oflimited scope and simply a clean-up, the Illinois EPA does not
believe that testimony is necessary before the Board.
Accordingly, no synopsis of
testimony pursuant to Section
102.202(c) is included in the Statement ofReasons.
Secondly, the proposed amendments are not federallyrequired.
Accordingly, no
certification pursuant to Section
102.500 is included in the Statement ofReasons.
Finally, this rulemaking contains no incorporations by reference.
Section
102.202(d).
-
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
IN THE MATTER OF:
CLEAN-UP
AMENDMENTS TO 35 ILL.
ADM. CODE PART 214
)
RO~-/?)
)
(Rulemaking
-
Air)
)
)
K ~
ç
AV
IE.ID
CLE~’
OFFICE
SEP
U 2
2003
STAlE OF iLLiNOIS
PoflutiO~~
Control Board
PROOF OF SERVICE
I, the undersigned, on oath state that I have served the attached REGULATORY
PROPOSAL FOR CLEAN-UP AMENDMENTS TO 35
ILL. ADM. CODE PART 214
and APPEARANCE ofthe Illinois Environmental Protection Agency upon the persons to
whom it is directed, by placing it in envelopes addressed to:
TO:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
State ofIllinois Center
100 West Randolph, Suite 11-500
Chicago, Illinois 60601
Katherine D. Hodge
Executive Director
Illinois Environmental Regulatory Group
3150 Roland Avenue
Springfield,
IL 62703
Matthew Dunn, Chief
Attorney General’s Office
James R. Thompson Center
100 West Randolph,
12th Floor
Chicago, Illinois 60601
Jonathan Furr
ChiefLegal Counsel
Illinois Dept. ofNatural Resources
524 South Second Street
Springfield, Illinois 62701-1787
and mailing same by First Class Mail from
Springfield, Illinois on August 28, 2003
with
sufficient postage affixed.
ó~it~~E’
~:
CYNTHIA L WOLFE
2
2
NOTARY PUBLIC, STATE
OF IWNOIS
MY COMMISSION EXPIRES 3-20-2007
SUBSCRIBED AND SWORN TO BEFORE ME
this 28th day ofAugust, 2003