BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
OF
THE STATE OF ILLINOIS
ROCK ROAD COMPANIES, INC.
)
)
Petitioner,
)
)
vs.
)
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
)
NOTICE OF FILING
TO:
Office ofLegal Counsel
Illinois Environmental Protection Agency
1021
North Grand Avenue East
P.O. Box
19276
Springfield, IL
62794-9276
PLEASE TAKE NOTICE that on Thursday September
16, 2004 I
caused to be filed with the Clerk ofthe Illinois Pollution Control Board Petitioner’s
Petition For Review of Permit Conditions, a copy ofwhich is hereby served upon you.
Date: September
16, 2004
Harvey M. Sheldon
Hinshaw & Culbertson LLP
222 North LaSalle Street
Chicago, IL 60601
Tel. 312-704-3504
Fax: 312-704-3001
This document is submitted
on Recycled Paper.
RECEwED
CLERK’S OFFICE
SEP
16
2004
STATE OF ILLNOIS
P9lution Control Board
Case No.
PCB No. O4~
Permit Appeal
INC.
5825019v1
819308
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
ROCK ROAD COMPANIES,
INC.
)
)
SEP
162004
Petitioner,
)
~STATE~JFILLINOIS
—~J-i7oIIUtI0fl
Controj Board
vs.
)
Case No.
PCB No.
O4~
)
ILLiNOIS ENVIRONMENTAL
)
Permit Appeal
PROTECTION AGENCY,
)
)
Respondent.
)
)
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, certify that I have served the attached and above-captioned
Petition for Review ofPermit Conditions, along with the Notice ofFiling, by mailing a full copy
thereofpostage pre-paid via the United
States Postal Service from Chicago, Illinois before 4
PM
on September 16,
2004, in an envelope addressed to the following persons:
Division ofLegal Counsel
Illinois Environmental Protection Agency
1021
North Grand Avenue East
Post Office Box 19276
Springfield, IL 62794-9276
Harvey M.
She don
September 16, 2004
Harvey M. Sheldon
Hinshaw & Culbertsoñ LLP
222 North LaSalle Street
Chicago, IL 60601
Tel. 312-704-3504
Fax:
312-704-3001
This document is submitted on Recycled Paper.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
LEF~KS
°~F’cE
ROCK ROAD COMPANIES, INC.
)
SEP
16
200k
p~jTATE
OF ILLINOIS
Petitioner,
)
Lition
Control
Board
0~Lf
vs.
)
Case No.
PCB No. ~O4~
)
ILLINOIS ENVIRONMENTAL
)
Permit Appeal
PROTECTION AGENCY,
)
)
Respondent.
)
)
PETITION FOR
REVIEW
OF PERMIT CONDITIONS
NOW COMES ROCK ROAD COMPANIES, iNC., Petitioner (“Rock Road” or “Petitioner”)
pursuant to Section 40 ofthe Illinois Environmental Protection Act (415 ILCS
5/40(e)(1)),
and
35
IAC Part 105, and hereby petitions for a hearing and review by this Board ofcertain
Conditions to a Construction Permit prescribed by Respondent ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY (“Agency” or “Respondent”).
In specification and support of
its Petition for Review, Petitioner respectfully submits as
follows:
1.
The Agency’s
final decision is contained in a Construction Permit issued for the Alternate
Firing ofPetitioner’s Asphalt Plant located at 801
Beale Court, Rockford, Illinois.
A
complete copy ofthe Construction Permit that is the Agency’s final decision is set out as
Exhibit A hereto, and is incorporated by reference (“Permit”).
2.
The date shown for issuance ofthe Permit
is August 5, 2004.
However, the Permit was
actually served upon Petitioner by Certified Mail received on August 12, 2004,
and August
This document is
submitted on Recycled Paper.
1
12, 2004
is the date of service thereof.
This Petition is timely and within 35
calendar days of
the date of service.
3.
The Conditions complained of in the Permit are Conditions 4 (Use of Organic Material),
Condition 7b, insofar as it may be read to prohibit any oil-firing ofthe drum mixer/drum
dryer unit due to that unitbeing a “fuel combustion emission unit”, Condition 9a (ii), (iii) and
(iv)insofar as they characterize AP-42 Emission Factors as “limits” or “limitations” on
emissions,
Condition
10, insofar as it prescribes testing and reporting requirements that are
inconsistent with the grant ofonly 7 days of operation, Condition
13, insofar as it identifies
Emission Factors as “limits specified in Condition 9”, and Condition
14, insofar as itmay be
read to prohibit issue ofan operating permit pursuant to
35 IAC
§
201.160 because for the
reasons forming the basis of this permit appeal the equipment has not been demonstrated to
operate exactly “in accordance with applicable conditions in this construction permit”.
4.
The grounds for the appeal include, without limitation, the following:
As to Condition
4:
Condition 4 would apply an eight pound per hour emission
limitation on Volatile Organic Material to the facility, pursuant to 35 IAC §215.301.
The
Agency has incorrectly applied the rule to the drum mixer/drum dryer, because the oil firing of
the drum mixer/drum dryer is for the purpose ofheatproduction and is therefore a fossil fuel
combustion unitthat should be exempt from 35 IAC §215.301, pursuant to 35 IAC §215.303,
which provides:
Section 215.303
Fuel Combustion
Emission Sources
The provisions of Sections 215.301
and 215.302 shall not apply to fuel combustion
emission sources.
This document is submitted on Recycled Paper.
2
The burner in the drum mixer/drum dryer is a fossil fuel burning emission source, because it
burns a fossil
fuel and is for the primary purpose ofproviding heat to the contents of the interior
ofthe drum by heat transfer.
Cf. Section 211.2470 Fuel Combustion Emission Unit or Fuel
Combustion Emission Source.
The Agency thus incorrectly applied the rules applicable to this
facility.
As to Condition 7b:
Insofar as Condition 7b means or could be read to mean that the oil
and on-spec waste oil firing ofthe drum mixer/drum dryer is prohibited due to the drum
mixer/drum dryer being a fuel combustion unit, it is internally inconsistent and arbitrarily
contradictory ofthe very purpose ofthe Permit, which is to allow such oil and
on-spec waste oil
firing in the burner ofthe drum mixer/drum dryer.
As to Condition
9a:
Insofar as Condition 9a the Permit transforms the AP-42 emission
factors for pollutants such as VOM, NOx and CO into “limits”, it is an imposition oflimits
unsupported by applicable law or Board rules.
AP-42 EmissionFactors are developed from the
careful and extensive study of similar sources nationwide, and are officially published by
USEPA and regularly utilized to estimate emissions.
Their useto demonstrate the inapplicability
ofmajor source thresholds is commonplace and appropriate here.
However the Agency has
turnedthem into emission limitations that may prove somewhatunattainable in actual practice at
this particular facility and that have no basis in regulation of an asphalt plant such as this
one.
As to Condition 10:
Insofar as Condition
10 ofthe permit prescribes notice
requirements, tests and testing procedures that are not feasible given the time limits on the
operation for purposes ofthe Construction Permit, they impose an arbitrary and unreasonable
hardship.
Such limitations would be normal and reasonable were this an Operating Permit, but
that is not the case here.
This document is submitted
on Recycled Paper.
3
As to Condition 13:
Insofar as Condition
13 characterizes as emission limitations the
Emission Factors referenced in Condition 9 ofthe Permit, it imposes such limitations without a
proper basis in the law or Board regulations.
AP-42 Emission Factors are developed from the
careful and extensive study ofsimilar sources nationwide, and are officially publishedby
USEPA and regularly utilized to estimate emissions.
Their useto demonstrate the inapplicability
ofmajor source thresholds is commonplace and appropriate here.
However the Agency has
turned them into emission limitations that may prove somewhat unattainable in actual practice at
this particular facility and that have no basis in regulation.
As to Condition
14:
Insofar as Condition
14 may be read to prohibit issue ofan
operating permit pursuant to
35 IAC
§
201.160,
if, for the reasons stated herein formingthe
basis ofthis permit appeal, the equipment has not been demonstrated to operate exactly “in
accordance with applicable conditions in this construction permit”, the Petitioner will be in a
“Catch 22” situation and may be unable to obtain an Operating Permit.
5.
The Agency has been asked to reopen the record on this Permit to permit the submittal of
additional dataand evidence, but it has not agreed to that request.
This leaves the Petitioner with
no practical alternative but the Appeal ofthe Conditions complained of herein.
WHEREFORE, pursuant to Board regulation, the Board is respectfully requested to conduct a
This document is submitted on Recycled Paper.
4
public hearing on this Petition and to strike or otherwise provide the Petitioner with full and
appropriate relief ofthe Conditions complained ofherein.
Respectfully
submitted,
ROCK ROAD C
MPANIES, INC.
Harv
M~
Sheldon, Its Attorney
DATE:
September
16, 2004
Harvey M.
Sheldon
Hinshaw & Culbertson LLP
222 North LaS alle
Street, 3rd Fl.
Chicago, Illinois
60602
Tel:
312-704-3504
Fax:
312-704-3001
This document is
submitted on Recycled Paper.
5
AUG—13—2884
12:01
ROCKROAD
608 ~65 8146
P.02/09
iLLINOIS
ENVIRONMENTAL
PROTECTION AGENCY
P.O.
Box
19506,
SPRINGFIELD,
ILLINOIS
62794-9506
RENEE CIPRIANO,
DIRECTOR
217/782-2113
CERTIFIED MAIL
7002
3150
0000
1258
1117
CONSTRUCTION PERMIT GPJ’~NT
-
OPERATING PERMIT DENIAL
-
NSPS SOURCE
-
REVISED
PERMITTEE
f~~~:HIBIT
~1
Rock Road Companies,
Inc
Li
Attn
Mr
Steve Kennedy,
Vice President
Post Office Box 1779
301 West Townline Road
Janesville,
Wisconsin
53547
Application No.:
04030060
I.D.
No.:
20.8O8ABG
Applicant’s Designation:
BEALECOURT
Date Received: July 29,
2004
Subject: Asphalt Plant Alternate Firing
Date Issued: August
5,
2004
Location:
801 Beale Court, Rockford,
Illinois,
61109
Permit
is hereby granted to
the above-designated Permittee to CONSTRUCT
emission source(s)
and/or air pollution control equipment consisting of the
modification of the existing drum-mix asphalt plant with baghouse
to allow
the use of
distillate fuel oil
No.
2 and waste oil
in the drum mixer/drum
dryer,
as described in the above-referenced application.
This Permit
is
subject to standard conditions attached hereto and the following special
condition(s):
la.
This asphalt plant
is subject to New Source Performance Standards
(NSPS),
40 CFR
60,
Subparts A and
I.
The Illinois EPA is administering
these standards in Illinois on behalf of the United States EPA under a
delegation agreement.
b.
The emissions from the asphalt plant shall not contain particulate
matter
(PM)
in excess of 0.04 gr/dscf and shall not exhibit 20
opacity
or greater,
pursuant to the NSPS,
40 CFR 60.92.
c.
At all times
the Permittee shall also maintain and operate
the asphalt
plant,
including associated air pollution control equipment,
in a
manner consistent with good air pollution control practice for
minimizing emissions,
pursuant to the NSPS,
40 CFR 60.11(d).
2a.
No person shall cause or allow the emission of smoke or other
particulate matter,
with an opacity greater than 30 percent,
into the
atmosphere from any emission unit other than those emission units
subject to the requirements of 35
Ill. Adm. Code 212.122,
pursuant to
35
Ill. Adm.
Code 212.123(a),
except
as allowed by 35 Iii.
1~dm. Code
212123(b)
and 212.124.
b.
No person shall cause or allow any visible emissions of fugitive
particulate matter from any process,
including any material handling or
storage activity beyond the property line of
the source except when the
wind speed
is
in excess of
25 miles per hour,
pursuant to 35
ill. Adm.
Code 212.301 and 212.314.
RECEIVED
AUG
122004
ROD
R.
BLAGOIEVICH,
GOVERNOR
flUG—13—2004
12:01
ROCKRDAD
608 365 8146
P.03/09
Page
2
3.
No person shall cause or allow the emission of sulfur dioxide into the
atmosphere from any process emission unit to exceed 2000 ppm,
pursuant
to
35
Ill.
Adrn.
Code 214.301.
4.
Use of Organic Material.
Pursuant to
35
Ill. Mm.
Code 215.301, no
personal shall cause or allow the discharge of more than 8.0 lbs/hour
of organic material into the atmosphere from any emission unit,
except
if no odor nuisance exists this limitation shall only apply to
photochemically reactive material as defined in 35 Iii. Adm.
Code
211.4690.
Sa.
Operation of
the drum mixer/drum dryer associated with the asphalt
plant firing distillate fuel oil No.
2 or waste-oil shall not begin
until all associated air pollution control equipment has been
constructed and is operational.
b.
The Permittee shall furnish the Illinois EPA written notification as
follows pursuant to 40 CFR 60.7(a):
1.
A notification of anticipated date of initial start-up at least
5
days prior to such date,
ii.
A notification of actual date of initial start-up within 15 days
after such date.
c.
Waste oil-firing of the drum mixer/drum dryer is allowed under this
construction permit only for
a period not to exceed a total of
seven
days,
for the purposes of preparing for and conducting compliance stack
testing.
These are not required to be seven consecutive calendar days.
If additional time
is required,
the Illinois EPA, Compliance Section
and Field Operations Section must first be contacted
to obtain
approval.
Records shall be kept of
the calendar dates and number of
hours each day the plant
is fired with waste oil until testing is
completed.
If evidence arises of odor problems,
operation with waste
oil-firing must be stopped immediately.
Ga.
The baghouse shall be
in operation at all times when the associated
drum mixer/drum
dryer
is in operation and emitting air contaminants.
b.
The Permittee shall follow good operating practices for the baghouse,
including periodic inspection,
routine maintenance and ‘prompt repair of
defects.
7a.
At the above location,
the Permittee shall not
keep,
store,
or utilize
in the affected drum-mix asphalt plant:
i.
Distillate fuel oil
(Grade No.
1 and
2)
with a sulfur content
greater than the larger of the following two values:
A.
0.28 weight percent,
or
AUG-13—2004
12:01
ROCKROAD
608 365 8146
P.04/09
Page
3
B.
The
Wt
percent given by the formula:
Maximum Wt percent
.)~
sulfur
=
(0.000015)
x
(Gross heating value of
oil, Btu/lb),
b.
This permit is issued based on the combustion waste oil
for the drum
mixer/drum dryer.
This use of waste oil
is not allowed to fire the
asphalt tank heaters,
boilers,
or any unit that meets the definition of
a fuel combustion emission unit pursuant
to
35 Ill. Mm.
Code 211.2470.
c.
The Illinois EPA shall be allowed to sample all fuels stored at the
above location.
8.
In the event that the operation of
this source results
in. an odor
nuisance,
the Permittee
shall take appropriate and necessary actions to
minimize odors,
including but not limited
to,
changes in raw material
or installation of controls,
in order to eliminate the nuisance.
9a.
Emissions and operation of the asphalt plant shall not exceed the
following limits:
1.
Asphalt Production Limits:
Asphalt Concrete Production
(Tons/Month)
(Tons/Year)
50,000
300,000
ii.
Emissions from Drum Mixer/Dryer:
Emission Factor
Emissions
Pollutant
(Lb/Ton.)
(Tons/Mo)
(Tons/Yr)
Particulate Matter
(PM)
Nitrogen Oxides
(NOw)
Carbon Monoxide
(CO)
Volatile Organic Material
(yaM)
Sulfur Dioxide
(So2)
____
____
iii.
Emissions from Asphalt Silo Loading and Truck Loadout:
Emission Factor
Emissions
Pollutant
(lb/Ton)
(lb/Mo)
(Ton/Yr)
CO
0.0007
35
0.11
PM
0.0007
35
0.11
VOM
0.0048
240
0.72
iv.
These limits are based on maximum asphalt production and standard
AP-42 emission factors.
Compliance with annual limits shall be
determined from a running total of
12 months of data.
0.033
.
0.83
5.0
0.055
1.38
8.3
0.130
3.25
19.5
0.032
0.80
4.8
0.058
Totals
1.45
7.71
8.7
46.3
AUG—13—2004
12:02
ROCKROAD
608 365 8146
P.05/09
Page
4
b.
Emissions of hazardous air pollutants
(RAPs)
as
listed in Section
112(b)
of the Clean Air Act shall be less than
10 tons/year of any
single HAP or 25
tons/year of any combination of such RAPs.
As
a
result
of this condition,
this permit
is
issued based on the emissions
of
all RAPs from this source not triggering Section 112(g)
of the Clean
Air Act.
C.
No person shall cause or threaten or allow the discharge or emission of
any contaminant into the environment in
any State
so as to cause or
tend to cause air pollution in Illinois,
either alone or
in combination
with contaminants from other sources, or
so as
to violate regulations
or standards adopted by the Illinois Pollution Control Board, pursuant
to Section
9(a)
of
the Illinois Environmental Protection Act.
l0a.
Pursuant to
40 CFR 60.8(a), within 60 days after achieving the maximum
production. rate at which the asphalt plant will
be operated,
but not
later than
90 days after initial startup,
the particulate matter
concentration in its effluent stream shall be measured by an approved
independent testing service,
using waste-oil firing and during
conditions which are representative
of the maximum performance.
During
these tests,
observations to determine opacity of
the effluent stream
shall also be conducted.
b.
This testing shall be conducted and data collected in accordance with.
the test methods and procedures specified in
40 CFR
60.8,
60.11 and
60 .93.
C.
At least
60 days prior to the actual date of testing,
the Permittee
shall submit
a written test plan
to the Illinois EPA for review and
approval.
This plan shall include as a minimum:
i.
The name
(or other identification)
of the emission unit(s)
to be
tested and the name and address of the facility at which they are
located;
ii.
The name and address of
the independent testing service(s)
performing the tests,
with the names of
the individuals who may
be performing sampling and analysis and their experience with
similar tests;
iii.
The specific determinations of emissions and/or performance which
are intended to be made,
including the site(s)
in the ductwork or
stack at which sampling will occur;
iv.
The specific conditions under which testing will be performed,
including a discussion of why these conditions will be
representative of maximum emissions
and minimum control
performance,
the values of operating parameters
for the emission
unit,
including associated control equipment,
at or within which
compliance is intended to be shown,
and the means by which the
operating parameters will be determined;
AUG—13—2004
12:02
RDCKROAD
608 365 8146
P.06/09
Page
5
d.
i.
The Permittee shall provide the Illinois EPA with written
notification of testing
at least thirty
(30)
days prior to
testing to enable the Illinois EPA to have an observer present.
This notification shall include the name of emission unit(s)
to
be tested,
scheduled date and time,
and contact person with
telephone number.
ii.
If testing is delayed,
the Permittee
shall promptly notify the
Illinois EPA by facsimile,
at least
S days prior to the scheduled
date of testing or immediately,
if the delay occurs in the
5 days
prior to
the scheduled
date.
This notification shall also
include the new date and time for testing,
if
set,
or a separate
notification shall be sent with this information when
it
is
set.
e.
The Permittee shall submit
the Test Report for this testing,
accompanied by a cover letter stating whether or not compliance was
shown,
to
the Illinois EPA without delay,
within 30 days after the
results are compiled,
but no later than sixty
(60)
days after the date
of testing or sampling.
The Test Report shall include as a minimum:
i.
General information describing the test,
including the name and
identification of the emission source which was tested,
date of
test,
names of personnel performing the tests,
and Illinois EPA
observers,
if any;
ii.
A summary of results;
iii.
Description of test procedures,
including description of sampling
points,
test equipment,
and test schedule;
iv.
Detailed description of test conditions,
including:
A.
Process information,
i.e.,
process rate,
aggregate type,
fuel type,
and firing rate.
B.
Control equipment information,
i.e., equipment condition
and operating parameters during testing.
v.
Data and calculations,
including copies of
all raw data sheets
and records of laboratory analyses,
sample calculations,
and data
on equipment calibration.
lla.
The Permittee shall perform all applicable monitoring for the drum-mix
asphalt plant as specified in
40 CFR 60.13 and 60.674.
b.
Inspections of the drum-mix asphalt plant and control systems equipment
and operations shall be performed as necessary but
at least once per week
when the affected drum-mix asphalt plant is
in operation to confirm
compliance with the requirements of this permit.
12a.
The Permittee shall maintain records
of
the following items for the
drum-mix asphalt plant to demonstrate compliance with the conditions of
this permit:
i.
Asphalt concrete production
(tons/month and tons/year);
AUG—13—2004
12:03
ROCKROAD
608 355 8146
P.07/09
Page
6
ii.
Waste oil shipments,
usage,
sulfur content,
and ash content~~~.
(gallons/month,
gallons/year,
~&
weight,
weight);
and
iii.
Dates of operation and hours
of operation with waste oil-firing
(calendar days,
hours/day).
iv.
Records addressing use of good operating practices
for the
baghouse:
A.
Operating logs for the drum-mix asphalt plant dryer
baghouse,
including operating data
(pressure drop or stack
condition),
daily upon startup;
B.
Records for periodic inspection of
the baghouse with date,
individual performing the inspection,
arid nature of
inspection; and
C.
Records for prompt repair of defects,.
with identification
and description of defect, effect
on emissions,
date
identified, date repaired, and nature of repair.
v.
Incidents of malfunction,
with date,
duration,
description,
probable cause, and corrective actions,
pursuant to 40 CFR
60.7(b), and
vi.
Monthly and aggregate annual
CO,
NOR,
PM,
SO2,
and yOU emissi~ons
from the drum-mix asphalt plant shall be maintained,
based
on.
asphalt production and the applicable emission factors, with
supporting calculations.
b.
All records and logs required by this permit shall be retained at a
readily accessible location at the source for at least three years from
the date of entry and shall be made available
for inspection and
copying by the Illinois EPA upon request.
Any records retained in an
electronic format
(e.g., computer)
shall be capable of being retrieved
and printed on paper during normal source office hours
so as to be able
to respond to an Illinois EPA request for records during the course of
a source inspection.
13a.
The Permittee shall promptly notify the Illinois EPA,
Compliance
Section,
of deviations of the drum-mix asphalt plant with the permit
requirements
as follows.
Reports shall describe the probable cause of
such deviations,
and any corrective actions or preventive measures
taken:
i.
Emissions of CO,
NOR,
PM,
SO2 and/or VOM,
in excess of the
limit specified in Condition
9 within 30 days
of a record
showing such an occurrence.
ii.
Continued operation of
the drum-mix asphalt plant with a
defect in a baghouse that may result in emissions of
particulate matter
in excess of limits
in Conditions
1(b),
2,
or 4(a)
within
30 days of such an occurrence.
AUG—13—2004
12:03
ROCKROAD
608 365 8146
P.09/09
Page
7
iii.
The use of distillate fuel oil with
a sulfur content
in
excess of the limit specified in Condition 7(a)
with the
length of time
this fuel was used and the effect on
emissions of SO2 within
30 days of this violation being
detected.
b.
The Permittee shall submit all applicable reports
for the drum-mix
asphalt plant as specified in
40 CFR 60.7 and
60.19.
c.
Two
(2)
copies of required reports and notifications concerning
equipment operation or repairs, performance testing or a continuous
monitoring system shall be sent
to:
Illinois Environmental Protection Agency
Division of Air Pollution Control
Compliance Section
(#40)
P.O. Box 19276
Springfield,
Illinois
62794-9276
and one
(1) copy shall be sent
to the Illinois EPA’s regional office at
the following address unless otherwise indicated:
Illinois Environmental Protection Agency
Division of Air Pollution Control
5415 North University
Peoria,
Illinois
61614
14.
A construction permit covers construction activity taking place on or
after the date of issuance of
the permit.
Even though the issuance of
this permit indicates that the Illinois EPA has found that the
application for the subject equipment met
35
Ill. Mm.
Code 201.155,
the standards
for issuance of
a construction permit,
this permit does
not cover and in no way condones or approves any construction of the
subject emission sources or air pollution control equipment which took
place before the date of issuance of this permit.
The OPERATING permit application is DENIED because the IllinOis Environmental
Protection Act,
Section
9,
and 35
Ill.
Adm.
Code 201.160 might be violated.
Pursuant to Section 201.160,
an operating permit may not be issued until the
equipment has been constructed or modified
in accordance with applicable
conditions in this construction permit.
The Illinois EPA suggests that you
reapply for the operating permit after construction and testing are completed
in accordance with the construction permit.
It should be noted that this permit does not authorize the acceptance of waste.
The appropriate permit must be obtained from the Bureau of Land before waste
can be accepted.
If
the used oil
is not
flon-spec”
and not burned in
a unit for
energy recovery as allowed by 35
Ill.
Adm.
Code 739.161,
the used oil will be
considered
a solid waste
and not
a
fuel.
This makes
the used oil subject to
the manifest requirements of 35
Ill.
Adm.
Code 809 and the facility subject
to
the permitting requirements of
35
Ill. Mm.
Code
807,
as
a solid waste
management site.
Furthermore,
the used oil must provide surplus energy beyond
that necessary to sustain combustion to be considered a fuel and not a waste.
AUG—13-2004
12:03
ROCKROAD
608 365 8146
P.09/OS
Page
8
It should be noted that this permit has been revised to change Condition. 5c
to limit waste oil-firing to a total of seven days,
which need not
necessarily be consecutive,
at
the request of
the applicant.
If you have any questions on this permit,
please call Jim Kallmeyer at
217/782-2113.
Donald E. Sutton,
P.E.
Manager,
Permit Section
Division of Air Pollution Control
DES:JDK:psj
CC:
Illinois EPA,
FOS Region
2
TOTAL P.09
