ILINOIS POLLUTION CONTROL BOARD
July 8, 1998
IN THE MATTER OF:
)
)
PETITION OF W.R. GRACE &
) R98-16
COMPANY - CONNECTICUT, AND
) (Rulemaking - Air)
THE ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY FOR
)
SITE-SPECIFIC AIR REGULATION:
)
35 ILL. ADM. CODE 218.940(h)
)
Adopted Rule. Final Order.
OPINION AND ORDER OF THE BOARD (by J. Yi):
On November 19, 1997, W.R. Grace & Company - Connecticut (Grace) and the
Illinois Environmental Protection Agency (Agency), pursuant to Section 27 of the
Environmental Protection Act (Act) (415 ILCS 5/27 (1996)), filed a joint proposal for site-
specific rulemaking. The proposal requests that a site-specific air regulation for Grace’s
facility be added to Subpart QQ of 35 Ill. Adm. Code 218 at Section 218.940(h).
The Board’s responsibility in this matter arises from the Environmental Protection Act
(Act) (415 ILCS 5/1
et seq
. (1996)). The Board is charged therein to “determine, define and
implement the environmental control standards applicable in the State of Illinois.” 415 ILCS
5/5(b). Today, the Board adopts the proposed amendments. Excepting several non-
substantive items, the amendments adopted today are identical to those proposed for first
notice.
The Board accepted the joint proposal on December 4, 1997, and sent it to first notice
under the Illinois Administrative Procedure Act (APA) (5 ILCS 100/5-5
et seq
. (1996)) on
December 18, 1997, without commenting on the merits of the proposal. The first notice
publication appeared at 22 Ill. Reg. 1091 (January 9, 1998). The second notice opinion and
order was adopted by the Board on May 7, 1998.
Two hearings were held in this matter. The first hearing was held on January 8, 1998,
and continued on the record until January 21, 1998. On January 21, 1998, the Board received
testimony in support of the proposed rule from Rich Irelan, Aaron Abbott, Bob Wells, and
LaDonna Driver on behalf of Grace. The Board also received testimony supporting the
proposed rule from Kevin Mattison and Yeric Yarrington of the Agency. No members of the
public were present on January 8, 1998, or January 21, 1998.
An additional hearing was held March 30, 1998, on the single issue of the decision of
the Illinois Department of Commerce and Community Affairs (DCCA) not to conduct an
Economic Impact Study in connection with this rulemaking. No one testified at this hearing,
and the Board has not received any comments on the Economic Impact Study issue.
2
In summary, the proposal pertains solely to VOM emissions resulting from the
production of the solvent lining compound mixers (mixers) used to produce solvent-based
sealants at Grace’s facility. Petition (Pet.) at 5. As noted, the Agency is a joint proponent in
this rulemaking, and agrees that the site-specific relief sought is appropriate. At hearing, the
testimony revealed that no add-on control technology is reasonably available for the solvation
process at Grace, and that no impact to the land, water, or water supplies will result from the
VOM emissions from Grace’s mixers.
1
The Joint Committee on Administrative Rules considered this rulemaking at its June
16, 1998, meeting and issued a “Notice of No Objection.”
Based upon the record, the Board finds that adoption of the proposed rule is warranted.
The Board also finds that the proposed rule will not have an adverse economic impact on the
people of the State of Illinois. See 415 ILCS 5/27 (a),(b) (1998).
ORDER
The Board hereby proposes the following amendments to 35 Ill. Adm. Code 218. The
Clerk of the Board is directed to cause the following amendments to be published in the
Illinois
Register
:
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
1
A more detailed discussion of the background, the procedural history, and the Board’s
rationale for adopting the proposed amendments can be found in the May 7, 1998, second
notice opinion and order. See: In the Matter of: Petition of W.R. Grace & Company -
Connecticut, and the Illinois Environmental Protection Agency for Site-Specific Air
Regulation: 35 Ill. Adm. Code 218.940(h) (May 7, 1998), R98-16.
3
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
4
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
5
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
6
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
7
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
8
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)
9
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
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
10
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 ____ Ill. Reg. _____, effective ____________.
BOARD NOTE: This Part implements the Environmental Protection Act as of July 1, 1994.
11
SUBPART QQ: MISCELLANEOUS FORMULATION MANUFACTURING PROCESSES
Section 218.940 Applicability
a)
Maximum theoretical emissions:
1)
A source is subject to this Subpart if it contains process emission units not
regulated by Subparts B, E, F (excluding Section 218.204(l)), H (excluding
Section 218.405), Q, R, S, T (excluding Section 218.486), V, X, Y, Z or
BB of this Part, which as a group both:
A)
Have maximum theoretical emissions of 90.7 Mg (100 tons) or
more per calendar year of VOM, and
B)
Are not limited to less than 90.7 Mg (100 tons) of VOM emissions
per calendar year in the absence of air pollution control equipment
through production or capacity limitations contained in a federally
enforceable permit or a SIP or FIP revision.
2)
If a source is subject to this Subpart as provided above, the requirements of
this Subpart shall apply to a source's miscellaneous formulation
manufacturing process emission units which are not included within any of
the categories specified in Subparts B, E, F, H, Q, R, S, T, V, X, Y, Z,
AA, or BB of this Part.
b)
Potential to emit:
1)
A source is subject to this Subpart if it has the potential to emit 22.7 Mg
(25 tons) or more of VOM per year, in aggregate, from emission units that
are:
A)
Not regulated by Subparts B, E, F, H, Q, R, S, T (excluding
Section 218.486), V, X, Y, Z, or BB of this Part, or
B)
Not included in any of the following categories: synthetic organic
chemical manufacturing industry (SOCMI) distillation, SOCMI
reactors, wood furniture, plastic parts coating (business machines),
plastic parts coating (other), offset lithography, industrial
wastewater, autobody refinishing, SOCMI batch processing,
volatile organic liquid storage tanks and clean-up solvents
operations.
2)
If a source is subject to this Subpart as provided above, the requirements of
this Subpart shall apply to a source's miscellaneous formulation
12
manufacturing process emission units which are:
A)
Not included within any of the categories specified in Subparts B,
E, F, H, Q, R, T, V, X, Y, Z, AA, BB, CC, or DD of this Part, or
B)
Not included in any of the following categories: synthetic organic
chemical manufacturing industry (SOCMI) distillation, SOCMI
reactors, wood furniture, plastic parts coating (business machines),
plastic parts coating (other), offset lithography, industrial
wastewater, autobody refinishing, SOCMI batch processing,
volatile organic liquid storage tanks and clean-up solvents
operations.
c)
If a source ceases to fulfill the criteria of subsections (a) and/or (b) above, the
requirements of this Subpart shall continue to apply to a miscellaneous formulation
manufacturing process emission unit which was subject to the control requirements
of Section 218.946 of this Part.
d)
No limits under this Subpart shall apply to emission units with emissions of VOM
to the atmosphere less than or equal to 2.3 Mg (2.5 tons) per calendar year if the
total emissions from such emission units not complying with this Section does not
exceed 4.5 Mg (5.0 tons) per calendar year.
e)
For the purposes of this Subpart, an emission unit shall be considered regulated by
a Subpart if it is subject to the limits of that Subpart. An emission unit is
considered not regulated by a Subpart if it is not subject to the limits of that
Subpart, e.g., the emission unit is covered by an exemption in the Subpart or the
applicability criteria of the Subpart are not met.
f)
For the purposes of this Subpart, VOM emissions in the absence of air pollution
control equipment are the emissions of VOM which would result if no air pollution
control equipment were used.
g)
The control requirements in Subpart QQ shall not apply to sewage treatment
plants; vegetable oil extraction and processing; coke ovens (including by-product
recovery plants); fuel combustion units; bakeries; barge loading facilities; jet engine
test cells; production of polystyrene foam insulation board including storage and
extrusion of scrap where blowing agent is added to the ploystyrene polystyrene
resin at the source, but not including blending and preliminary expansion of resin
prior to molding where blowing agent is incorporated into the polystyrene resin by
the producer of the resin; production of polystyrene foam packaging not including
blending and preliminary expansion of resin prior to molding where blowing agent
is incorporated into the polystyrene resin by the producer of the resin and not
including storage and extrusion of scrap where blowing agent is added to the
polystyrene resin at the source; and iron and steel production.
13
h) The control requirements of this Subpart shall not apply to the solvation mixers
at the container sealant manufacturing facility located at 6050 West 51st Street
in Chicago, Illinois.
(Source: Amended at 18 Ill. Reg. 1945, effective January 24, 1994; aAmended in R98-16, at
22 Ill. Reg. _____, effective __________)
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above opinion and order was adopted on the 8th day of July 1998 by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
