BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
KCBX TERMINALS COMPANY,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
)
)
)
)
)
)
)
)
)
)
PCB 08-
(Air Permit Appeal)
NOTICE OF FILING
TO:
Mr. John Therriault
Assistant Clerk
of the Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
(VIA
ELECTRONIC MAIL)
(SEE PERSONS
ON ATTACHED SERVICE LIST)
PLEASE TAKE NOTICE that I have today filed with the Office
of the Clerk of
the Illinois Pollution Control Board an ENTRY OF APPEARANCE OF KATHERINE
D. HODGE, ENTRY
OF APPEARANCE OF LAUREN C. LURKINS, PETITION
FOR REVIEW and MOTION TO STAY THE EFFECTIVENESS OF
CONTESTED PERMIT CONDITIONS, copies of which are herewith served upon
you.
Respectfully submitted,
KCBX TERMINALS COMPANY,
By:
lsi
Katherine D. Hodge
Katherine
D. Hodge
Dated: June 27, 2008
Katherine D. Hodge
Lauren
C.
Lurkins
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
THIS FILING SUBMITTED ON RECYCLED PAPER
Electronic Filing - Received, Clerk's Office, June 27, 2008
* * * * * PCB 2008-103 * * * * *
CERTIFICATE OF SERVICE
I, Katherine D. Hodge, the undersigned, hereby certify that I have served the
attached ENTRY OF APPEARANCE OF KATHERINE
D. HODGE, ENTRY OF
APPEARANCE OF LAUREN
C. LURKINS, PETITION FOR REVIEW and MOTION
TO STAY THE EFFECTIVENESS OF CONTESTED PERMIT CONDITIONS upon:
Mr. John Therriault
Assistant Clerk
of the Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
via electronic mail on June 27, 2008 and upon:
Division
of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois
by depositing said documents in the United States Mail, postage prepaid, in Springfield,
Illinois on June 27, 2008.
/s/ Katherine
D. Hodge
Katherine
D. Hodge
KCBX:002/Filings/NOF
&
cos
Electronic Filing - Received, Clerk's Office, June 27, 2008
* * * * * PCB 2008-103 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
KCBX TERMINALS COMPANY,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
)
)
)
)
)
)
)
)
)
)
PCB 08-
(Air Permit Appeal)
ENTRY OF APPEARANCE OF KATHERINE D. HODGE
NOW COMES Katherine D Hodge, of the law firm of HODGE DWYER
ZEMAN, and hereby enters her appearance
on behalf of Petitioner, KCBX TERMINALS
COMPANY.
Respectfully submitted,
KCBX TERMINALS COMPANY,
Petitioner,
By:
lsi
Katherine D. Hodge
Katherine D. Hodge
Dated: June
27,2008
Katherine D. Hodge
Lauren
C. Lurkins
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
KCBX:002/Fil/EOA-KDH
Electronic Filing - Received, Clerk's Office, June 27, 2008
* * * * * PCB 2008-103 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
KCBX TERMINALS COMPANY,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
)
)
)
)
)
)
)
)
)
)
PCB 08-
(Air Permit Appeal)
ENTRY OF APPEARANCE OF LAUREN
C.
LURKINS
NOW COMES Lauren C. Lurkins, ofthe law firm of HODGE DWYER ZEMAN,
and hereby enters her appearance on behalf of Petitioner, KCBX TERMINALS
COMPANY.
Respectfully submitted,
KCBX
.1. .L<>.'U."..l.lHU.JU COMPANY,
Petitioner,
I
Lauren C. Lurkins
Dated: June 27, 2008
Katherine
D. Hodge
Lauren
C. Lurkins
HODGE
DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
KCBX:002/FiI/EOA-LCL
Electronic Filing - Received, Clerk's Office, June 27, 2008
* * * * * PCB 2008-103 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
KCBX TERMINALS COMPANY,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
)
)
)
)
)
)
)
)
)
)
PCB 08-
(Air Pennit Appeal)
PETITION FOR REVIEW
NOW COMES Petitioner, KCBX TERMINALS COMPANY ("KCBX"), a North
Dakota corporation,
by and through its attorneys, HODGE DWYER ZEMAN, pursuant
to Section 40(a)(I)
of the Illinois Environmental Protection Act ("Act") (415 ILCS
5/40(a)(1»),
35 IlL Admin. Code § 105.204 and 35 Ill. Admin. Code § 10S.Subpart C, and
petitions the Illinois Pollution Control Board ("Board") for review
"Construction
Permit Grant - Operating Pennit Denial - NSPS Source" ("Final Air Pennit") issued to
KCBX
by the Illinois Environmental Protection Agency ("Illinois EPA") on May 23,
2008.
In support of its petition, KCBX states as follows:
1.
KCBX operates a bulk material tenninallocated at 3259 East 100
th
Street,
Chicago, Illinois (Facility
ID No. 031600AHI) ("Facility").
2.
On October 14,2007, KCBX submitted an application to Illinois EPA
seeking a joint construction and operating pennit ("Joint Pennit") to install two, 12S-foot
portable conveyors to be operated at the Facility.
3.
KCBX has supplemented the Joint Permit application with infonnation
provided in letters dated February
21,2008, and March 28, 2008, and KCBX and Illinois
Electronic Filing - Received, Clerk's Office, June 27, 2008
* * * * * PCB 2008-103 * * * * *
EPA took part in several meetings regarding the Joint Permit during the period of time
from October 14, 2007, through the present.
4.
The original deadline for Illinois EPA to issue or deny the Joint Permit
was January 28,2008. KCBX agreed to five extensions ofthe deadline to issue the Joint
Permit, to allow additional time for Illinois EPA to prepare a draft. The fifth and final
extension established a deadline
of May 26, 2008, for Illinois EPA.
5.
On
May 23,2008, Illinois EPA issued the Final Air Permit for the Facility.
A copy of this Final Air Permit is attached as Exhibit A.
6.
As set forth below, Illinois EPA included conditions in the Final Air
Permit that are not required by the Act or regulations promulgated thereunder, and are not
necessary to correct, detect, or prevent noncompliance with, or to otherwise accomplish
the purposes of, the Act or regulations.
7.
In light of this fact, on May 29, 2008, representatives of KCBX discussed
the Final Air Permit conditions with Illinois EPA, and recommended the Final Air Permit
be modified based
on several points of clarification.
8.
Thereafter, on June 4, 2008, KCBX through its consultant, Short Elliott
Hendrickson Inc., sent a letter to Illinois EPA noting several modifications that should be
made to the Final Air Permit,
as set forth below. A copy of that letter is attached hereto
as Exhibit
B.
9.
First, the portion of the Final Air Permit title stating "Operating Permit
Denial" is confusing as it suggests that operation of the two new conveyors is not
allowed. See Final Air Permit at p. 1. This contradicts language in Condition l.b. that
allows the operation
of the conveyors until the Facility'sFederally Enforceable State
2
Electronic Filing - Received, Clerk's Office, June 27, 2008
* * * * * PCB 2008-103 * * * * *
Operating Permit ("FESOP") is re-issued. See Condition I.b.
In
addition, two
paragraphs on page
16 of the Final Air Permit state that "[t]he OPERATING permit
application
is DENIED ... ," and that "an operating permit may not be issued until the
equipment has been constructed or modified in accordance with applicable conditions in
this construction permit." See Final Air Permit at
p. 16. Again, this language creates
confusion as to whether operation
of the conveyors is allowed.
10.
As a result, the title of the Final Air Permit should be replaced with "Joint
Construction and Operating Permit," omitting the reference to "NSPS Source"
as set
forth below, and the two paragraphs
on page 16 of the Final Air Permit noted above
should be removed from the Final Air Permit. Condition I.b. should remain to clearly
establish that the Facility, including the two conveyors, can be operated under the
conditions
of the construction permit until the FESOP is re-issued.
11.
Second, Condition 2.a. of the Final Air Permit incorrectly states that the
two new conveyors are subject to the New Source Performance Standard ("NSPS") for
Coal Preparation Plants, 40
CoF .R. 60 Subpart Y ("Subpart Y").
Condition 2.a.
KCBX operates a coal screening plant subject to Subpart
Y. However, the new
conveyors are not subject to Subpart Y because the conveyors will be used for the
purpose
of storage and loading, are not connected to covered plant machinery, and are not
part
of an affected facility or source subject to NSPS subpart
Y.
12.
Because the conveyors are not subject to Subpart Y, the permit title must
be revised as set forth above and several conditions in the Final Air Pelmit, all
of which
pertain to NSPS limitations and testing, must be removed, as follows: Condition 2
in its
3
Electronic Filing - Received, Clerk's Office, June 27, 2008
* * * * * PCB 2008-103 * * * * *
entirety; Condition 8 in its entirety; Condition
11
in its entirety; Condition 13 in its
entirety; and Condition
18 in its entirety.
13.
Third, the Final Air Permit requires KCBX to maintain a surface moisture
content
of at least 1.5 percent by weight in the bulk materials handled at the Facility. See
Condition 6.a. Compliance with this requirement can be demonstrated
by recording the
use
of water sprays (see Condition 6.aj. and l2.b.) or by measuring water content in a
representative sample at least once per week (see Conditions 6.aji. and 12.a.). KCBX
has the following concerns regarding these conditions: 1) use of water sprays is not
practical and not required during freezing conditions, yet the weekly moisture monitoring
apparently would be required throughout the year even though the piles likely would be
snow-covered
or have a frozen surface; 2) collecting a representative surface sample
would disrupt the "crust" that forms on the exterior of the storage piles and is a desirable
feature that minimizes wind-blown dust from the piles; and 3) a good measure
of
moisture content is that of received material, and KCBX
a moisture analysis
from the supplier with product receipts that
is representative of the moisture content in
the bulk material and typically ranges from 8 to
11
percent moisture by weight.
14.
As a result, KCBX proposes to modify the Final Air Permit such that
KCBX would be required to operate water sprays only during non-freezing conditions
Condition 6.a.i.) and maintain records showing that monthly average incoming
material moisture content is maintained at acceptable levels. With these proposed
revisions, Conditions 6 and
12 should be revised to specify that water spray operation,
stockpile moisture sampling, or moisture analysis from the supplier, alone or
in
combination, may be used to demonstrate compliance with the moisture content
4
Electronic Filing - Received, Clerk's Office, June 27, 2008
* * * * * PCB 2008-103 * * * * *
requirement of 6.a. Finally, Condition 16 should be clarified to specify that reporting of
water spray system winterization is a valid compliance demonstration when used in
conjunction with bulk moisture content information provided
by the bulk material
suppliers.
15.
Fourth, the Final Air Permit includes language from and citations to
regulatory provisions that
do not apply to the new conveyors. The inclusion of such
language and citations is not necessary to ensure compliance with the Act, and creates
confusion regarding KCBX's obligations under the Final Air Permit. Accordingly, such
language and citations should be deleted,
as follows:
a.
In Condition 3.a., "subject to the requirements of 35 Ill.
Adm. Code 212.122" should be revised to state "subject to the
requirements
of35 III Adm. Code 212.301, 212.316(b) through 212.316(d)
or 212.316(f)." The reference to
35 Ill. Adm. Code 212.122 should be
removed because the Facility does not have combustion units that are
covered by that section;
b.
In Condition 3.d., "grinding mills," "bucket elevators,"
"bagging operations," and "storage bins" should be deleted because the
Facility does not have these emission units;
c.
In Condition3.f., "or in 35 IlL Adm. Code 212 Subparts R
and S" should be deleted because the Facility is not subject to Subparts R
and S;
d.
Condition 10.c. should be deleted in its entirety because it
involves particulate matter ("PM") emission testing. The only stacks at
5
Electronic Filing - Received, Clerk's Office, June 27, 2008
* * * * * PCB 2008-103 * * * * *
the Facility are associated with engine exhaust; thus PM emission testing
is not required;
e.
Condition 10.d. should be deleted in its entirety because it
involves PM flow measurement. The only stacks at the Facility are
associated with engine exhaust; thus PM flow measurement is not
required; and
f.
Condition 14.b.iii. should be deleted in its entirety because
it
is inapplicable to the Facility.
16.
As set forth above, Illinois EPA has included conditions in the Final Air
Permit that are not required by the Act or regulations promulgated thereunder,
and are not
necessary to correct, detect, or prevent noncompliance with, or to otherwise accomplish
the purposes of, the Act or regulations. Therefore, the Board should order that
the permit
be revised as detailed above, so as to result in a permit that is applicable to the operations
at the Facility.
WHEREFORE, Petitioner KCBX TERMINALS COMPANY petitions
the Illinois
Pollution Control Board for a hearing on the Illinois Environmental Protection Agency's
action to issue the Final Air Permit with these previsions.
Respectfully submitted,
KCBX TERMINALS COMPANY
Petitioner,
Dated: June 27, 2008
Katherine
D. Hodge
Lauren
C.
Lurkins
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
By:
/s/ Katherine
D. Hodge
Katherine
D. Hodge
6
Electronic Filing - Received, Clerk's Office, June 27, 2008
* * * * * PCB 2008-103 * * * * *
Springfield, Illinois 62705-5776
(217) 523-4900
KCBX:002/Fi1lPetition for Review
7
Electronic Filing - Received, Clerk's Office, June 27, 2008
* * * * * PCB 2008-103 * * * * *
1021 NORTH GRAND AVENUE EAST, P.O. Box 19506, SPRINGfiELD, ILLINOIS 62794.9506 - ( 217)782.2113
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
ROD
R.
BLAGOJEVICH, GOVERNOR
DOUGLAS
P.
SCOTT, DIRECTOR
217/782-2113
CONSTRUCTION PERMIT GRANT -- OPERATING PERMIT DENIAL -- NSPS SOURCE
RECEIVED
MAY
27
2008
-~co.
KCBX Terminals Company
Attn: Chris
3259 East 100th Street
Chicago, Illinois 60617
07100090
~~~~.~~~;;~~~
2CONVEYERS
S
at a Bulk Materials
2008
100th Street,
Cook County, 60617
30, 2007
Permittee to CONSTRUCT
of two (2)
to the above-referenced
conditions attached hereto
This
is
granted to the
emission unit(s) and/or air pollution control
conveyers at a bulk materials terminal, pursuant
This Permit is
eet to standard
condition(s):
la.
This
is issued based on the construction of the two
I )
new
conveyers not
a new
or source or
modification
pursuant to Title
I
of the Clean Air Act,
35 Ill. Adm.
Code Part 203,
or
Sources Construction and Modification
and 40 CFR 52.21, Prevention of
ficant Deterioration (PSD).
The
source has
that the Illinois EPA establish emission
limitations and other
terms and conditions in this
that limit the Particulate Matter less than 10
Microns(PM~)
emissions
from the new conveyors below the levels that would
the
of these rules.
b.
of the material handling
(material transfer,
and crushing) at this source
is
allowed under this
construction permit until such material
are
accounted for when final action is taken on the application for renewal
and revision of the
Enforceable State
Permit
(FESOP) for this source.
2a.
The two electric conveyors
Standard (NSPS) for Coal
Pr,~n~,r~
Y. The Illinois EPA
is
United States EPA under a
ect to a New Source
Plants, 40 CFR 60
NSPS in Illinois
agreement.
Performance
A and
on behalf of the
b.
Pursuant to 40 eFR 60.l1(d), at all times,
periods of
startup, shutdown, and malfunction, owners and operators shall, to the
extent
, maintain and operate any affected facility
including associated air pollution control equipment in a manner
consistent with good air pollution control
for minimizing
emissions. Determination of whether
and
maintenance
are being used will be based on information
PRINTED ON RECYCLED PAPER
I
EXHIBIT
A
Electronic Filing - Received, Clerk's Office, June 27, 2008
* * * * * PCB 2008-103 * * * * *
Page 2
available to the Illinois EPA or USEPA which may include, but is not
limited to, monitoring results, opacity observations, review of
operating and maintenance procedures, and inspection of the source.
c.
Pursuant to 40 CFR 60.252(c), on and after the date on which the
performance test required to be conducted by 40 CFR 60.8 is completed,
an owner or operator subject to the provisions of 40 CFR 60 Subpart Y
shall not cause to be discharged into the atmosphere from any coal
processing and conveying equipment, coal storage system, or coal
transfer and loading system processing coal, gases which exhibit 20
percent opacity or greater.
3a.
Pursuant to 35 Ill. Adm. Code 212.123(a), 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.
b.
Pursuant to 35 Ill. Adm. Code 212.123(b), the emission of smoke or
other particulate matter from any such emission unit may have an
opacity greater than 30 percent but not greater than 60 percent for a
period or periods aggregating 8 minutes in any 60 minute
provided that such opaque emissions permitted during any 60 minute
shall occur from only one such emission unit located within a
305 m
(1000 ft) radius from the center point of any other such emission
unit owned or
by such person, and
further that such
opaque emissions permitted from each such emission unit shall be
limited to 3 times in any 24 hour
c.
Pursuant to 35 Ill. Adm. Code 212.301, no person shall cause or allow
the emission of fugitive
matter from any process, including
any material handling or storage activity, that is visible by an
observer looking generally toward the zenith at a point beyond the
property line of the emission source.
d.
Pursuant to 35 Ill. Adm. Code 212.308, crushers, grinding mills,
screening operations, bucket elevators, conveyor transfer points,
conveyors, bagging operations, storage bins and fine product truck and
railcar loading operations shall be sprayed with water or a surfactant
solution, utilize choke-feeding or be treated by an equivalent method
in accordance with an operating program.
e.
Pursuant to 35 Ill. Adm. Code 212.316(b), no person shall cause or
allow fugitive particulate matter emissions generated from crushing or
screen.ing, of slag, stone, coke or coal to exceed an opacity of 10
percent.
f.
Pursuant
been
emissions
IlL Adm.
to 35 Ill. Adm. Code 212.316(f), unless an emission unit has
a
matter, PM
10
, or fugitive particulate matter
limitation elsewhere in 35 Ill. Adm. Code 212.316, or in 35
Code 212 Subparts R or S, no person shall cause or allow
Electronic Filing - Received, Clerk's Office, June 27, 2008
* * * * * PCB 2008-103 * * * * *
Page 3
fugitive particulate matter emissions from any emission unit to exceed
an opacity of 20 percent.
g.
Pursuant to 35 Ill. Adm. Code 212.321(a), no person shall cause or
allow the emission of particulate matter into the atmosphere in anyone
hour period from any new process emission unit which, either alone or
in combination with the emission of particulate matter from all other
similar process emission units for which construction or modification
commenced on or after April 14, 1972, at a source or premises, exceeds
the allowable emission rates specified in 35 Ill. Adm. Code 212.321(c).
h.
Pursuant to 35 Ill. Adm. Code 212.324(b), except as otherwise provided
in 35 Ill. Adm. Code 212.324(d), no person shall cause or allow the
emission into the atmosphere, of PM
10
from any process emission unit to
exceed 68.7
mglscm
(0.03 grlscf) during anyone hour period.
i.
Pursuant to 35 Ill. Adm. Code 212.700(a), 35 Ill. Adm. Code 212 Subpart
U (Additional Control Measures) shall apply to those sources in the
areas designated in and subject to 35 Ill. Adm. Code 212.324{a) (1) or
212.423(a)
and that have actual annual source-wide emissions of PM
10
of
at least fifteen (15) tons per year.
4.
Pursuant to 35 Ill. Adm. Code 212.324(d), the mass emission limits
contained in 35 Ill. Adm. Code 212.324(b) shall not
to those
emission units with no visible emissions other than fugitive
particulate matter; however, if a stack test is performed, this
subsection is not a defense finding of a violation of the mass emission
limits contained in 35 Ill. Adm. Code 212.324(bJ.
5a.
Pursuant to 35 III Adm. Code 212.324(f), for any process emission unit
subject to 35 Ill. Adm. Code 212.324(a), the owner or operator shall
maintain and repair all air pollution control equipment in a manner
that assures that the emission limits and standards in 35 Ill. Adm.
Code 212.324 shall be met at all times. 35 Ill. Adm. Code 212.324
shall not affect the applicability of 35 Ill. Adm. Code 201.149.
Proper maintenance shall include the following minimum requirements:
i.
Visual inspections of air pollution control equipment;
ii.
Maintenance of an adequate inventory of spare parts; and
iii. Expeditious repairs, unless the emission unit is shutdown.
b.
Pursuant to 35 Ill. Adm. Code 212.701(a), those sources subject to 35
Ill. Adm. Code 212 Subpart U shall prepare contingency measure plans
the PM
lO
emission reductions set forth in 35 Ill. Adm. Code
212.703.
~These
shall become federally enforceable permit
conditions. Such
shall be submitted to the Illinois EPA by
November 15, 1994.
the foregoing, sources that become
subject to the provisions of 35 Ill. Adm. Code 212 SUbpart U after
July 1, 1994, shall submit a
measure plan to the Illinois
EPA for review and approval within ninety (90) days after the date such
Electronic Filing - Received, Clerk's Office, June 27, 2008
* * * * * PCB 2008-103 * * * * *
Page 4
source or sources became subject to the provls10ns of 35 Ill. Adm. Code
212
SUbpart U or by November IS, 1994, whichever is later. The
Illinois EPA shall notify those sources requiring contingency measure
plans, based on the Illinois EPA's current information; however, the
Illinois EPA's failure to notify any source of its requirement to
submit contingency measure plans shall not be a defense to a violation
of 35 Ill. Adm. Code 212 Subpart U and shall not relieve the source of
its obligation to timely submit a contingency measure plan.
c.
Pursuant to 35 Ill. Adm. Code 212.703(a), all sources subject to 35
Ill. Adm. Code 212 Subpart U shall submit a contingency measure plan.
The contingency measure plan shall contain two levels of control
measures:
i.
Level I measures are measures that will reduce total actual
annual source-wide fugitive emissions of PM
10
subject to control
under 35 Ill. Adm. Code 212.304, 212.305, 212.306, 212.308,
212.316(a) through (e), 212.424 or 212.464 by at least 15%.
ii.
Level II measures are measures that will reduce total actual
annual source-wide fugitive emissions of PM
10
subject to control
under 35 Ill. Adm. Code 212.304, 212.305, 212.306, 212.308,
212.316(a) through (e), 212.424 or 212.464 by at least 25%.
d.
Pursuant to 35 Ill. Adm. Code 212.703(b), a source may comply with 35
Ill. Adm. Code 212 Subpart U through an alternative compliance plan
that provides for reductions in emissions equal to the level of
reduction of
emissions as
at 35 Ill. Adm. Code
212.703(a) and which has been
the Illinois EPA and USEPA as
enforceable permit conditions. If a source elects to include
controls on process emission units, fuel combustion emission units, or
other fugitive emissions of PM
10
not subject to 35 Ill. Adm. Code
212.304, 212.305, 212.306, 212.308, 212.316(a) through (e), 212.424 or
212.464 at the source in its alternative control plan, the plan must
include a reasonable schedule for implementation of such controls, not
to exceed two (2) years. This implementation schedule is subject to
Illinois EPA review and approval.
e.
Pursuant to 35 Ill. Adm. Code 212.704(b), if there is a violation of
the ambient air quality standard for PM
10
as determined in accordance
with 40 CFR Part 50, Appendix K, the Illinois EPA shall notify the
source or sources the Illinois EPA has identified as likely to be
causing or contributing to one or more of the exceedences leading to
such violation, and such source or sources shall implement Level I or
Level II measures, as determined pursuant to 35 Ill. Adm. Code
212.704(e). The source or sources so identified shall implement such
measures corresponding to fugitive emissions within ninety (90) days
after
of a notification and shall implement such measures
to any
emissions according to the approved
schedule set forth in such source's alternative control plan. Any
source identified as causing or contributing to a violation of the
ambient air quality standard for PM
10
may appeal any finding of
Electronic Filing - Received, Clerk's Office, June 27, 2008
* * * * * PCB 2008-103 * * * * *
Page 5
culpability by the Illinois EPA to the Illinois Pollution Control Board
pursuant to 35 Ill. Adm. Code 106 Subpart J.
f.
Pursuant to 35 Ill. Adm. Code 212.704(e), the Illinois EPA shall
require that sources comply with the Level I or Level II measures of
their contingency measure plans, pursuant 35 Ill. Adm. Code 212.704(b),
as follows:
i.
Level
I
measures shall be required when the design value of a
violation of the 24-hour ambient air quality standard, as
computed pursuant to 40 CFR 50, Appendix K, is less than or equal
to 170 ug/m3.
ii.
Level
II
measures shall be required when the design value of a
violation of the 24-hour ambient
air
quality standard, as
computed pursuant to 40 CFR 50, Appendix K, exceeds 170 ug/m
3
•
6a.
The surface moisture content of the bulk material handled by the source
shall be at least 1.5% by weight. The Permittee shall show compliance
with this requirement as follows:
i.
In lieu of natural moisture, water sprays shall be used on the
emission units associated with the material handling operations
(e.g., material transfer,
and crushing) as necessary,
except when weather conditions are below or expected to fall
below freezing temperatures, to produce a moisture content of
1.5% by weight or higher to reduce particulate matter emissions
and to maintain compliance with the applicable visible emissions
standards for each
of
used in the
process; or
ii.
Demonstrate compliance with Condition 6(a) by following the
testing requirements of Condition 12.
7a.
The emissions from and the operation of the material handling
operations (conveying, crushing and screening) shall not exceed the
following limits:
i.
PM
10
emission shall not exceed 7.9 tons/month and 79 tons/year.
ii.
PM emissions shall not exceed 16 tons/month and 160 tons/year.
iii. These limits are based on the maximum amount of material handled
and standard emission factors (Table 11.19.2-2, AP-42, Volume I,
Fifth Edition, Update 2004, August 2004 and Section 13.2.4,
AP-42, Volume I, Fifth Edition, November 2006).
PM
10
and PM
emissions shall be calculated and recorded using the equation:
E
Where:
(C x F
c)
J
000
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* * * * * PCB 2008-103 * * * * *
Page 6
E
Total PM
10
or PM emissions, (tons);
T
Amount of bulk material transferred, (tons);
Pm
(k * 0.0032 * N) * [{(U/S)1.3) / «M/2)1.4)};
Where:
k
0.35 for PM
10
;
0.74 for PM;
U
mean wind speed, (miles/hour);
M
material moisture content, (%);
N
Number of material drop points;
8
Amount of bulk material Screened, (tons);
F.
0.0022 Ib PM/ton;
0.00074 lb PM10/ton;
C
tons of bulk material Crushed, (tons);
F
c
0.0012 lb PM/ton; and
0.00054 Ib PM10/ton.
b.
Compliance with the annual limits of this
shall be determined on
a
basis from the sum of the data for the current month
the
preceding 11 months (running 12 month total).
Ba.
Pursuant to 40 CPR 60.B{a), within 60
after achieving the maximum
production rate at which the affected facility will be operated, but
not later than 180 days after initial startup of such facility and at
such other times as may be required by the Illinois EPA or USEPA under
section 114 of the Clean Air Act, the owner or operator of such
facility shall conduct performance (s) and furnish the Illinois EPA or
USEPA a written report of the results of such performance test(s).
b.
Pursuant to 40 CFR 60.8(b), performance tests shall be conducted and
data reduced in accordance with the test methods and procedures
contained in each applicable subpart of 40 CPR Part 60 unless the
Illinois EPA or USEPA:
i.
or approves, in
cases, the use of a reference
method with minor changes in methodology;
ii.
Approves the use of an equivalent method;
iii. Approves the use of an alternative method the results of which he
has determined to be adequate for indicating whether a specific
source is in compliance;
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* * * * * PCB 2008-103 * * * * *
Page 7
iv.
waives the requirement for performance
operator of a source has demonstrated
Illinois EPA's or USEPA's satisfaction
is in compliance with the standard; or
tests because the owner or
other means to the
that the affected facility
v.
Approves shorter sampling times and smaller sample volumes when
necessitated by process variables or other factors. Nothing in
this paragraph shall be construed to abrogate the Illinois EPA's
or USEPA's authority to require testing under section 114 of the
Clean Air Act.
c.
Pursuant to 40 CFR 60.8(c), performance tests shall be conducted under
such conditions as the Illinois EPA or USEPA shall specify to the plant
operator based on representative performance of the affected facility.
The owner or operator shall make available to the Illinois EPA or USEPA
such records as may be necessary to determine the conditions of the
performance tests. Operations during periods of startup, shutdown, and
malfunction shall not constitute representative conditions for the
purpose of a performance test nor shall emissions in excess of the
level of the applicable emission limit during periods of startup,
shutdown, and malfunction be considered a violation of the applicable
emission limit unless otherwise specified in the applicable standard.
d.
Pursuant to 40 CFR 60.8(d), the owner or operator of an affected
facility shall provide the Illinois EPA or USEPA at least 30 days prior
notice of any
test, except as specified under other
subparts, to afford the Illinois EPA or USEPA the opportunity to have
an observer present. If after 30
notice for an initial
scheduled
test, there is a
(due to operational
problems, etc.) in
the scheduled performance test, the owner
or
of an affected facility shall notify the Illinois EPA or
USEPA as soon as possible of any delay in the original test date,
either by providing at least 7 days prior notice of the rescheduled
date of the performance test, or by arranging a rescheduled date with
the Illinois EPA or USEPA by mutual agreement.
e.
Pursuant to 40 CFR 60.8(e), the owner or operator of an affected
facility shall provide, or cause to be provided, performance testing
facilities as follows:
i.
Sampling ports adequate for test methods applicable to such
facil
This includes:
A.
Constructing the air pollution control system such that
volumetric flow rates and pollutant emission rates can be
accurately determined by applicable test
1
methods and
and
B.
a stack or duct free of
c flow during
performance tests, as demonstrated by applicable test
methods and
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* * * * * PCB 2008-103 * * * * *
Page 8
ii.
Safe sampling platform(s}.
iii.
Safe access to sampling platform(s) .
iv.
Utilities for sampling and testing equipment.
f.
Pursuant to 40 CFR 60.8(f), unless otherwise specified in the
applicable subpart of 40 CPR Part 60, each performance test shall
consist of three separate runs using the applicable test method. Each
run shall be conducted for the time and under the conditions specified
in the applicable standard under 40 CFR Part 60. Por the purpose of
determining compliance with an applicable standard under 40 CPR Part
60, the arithmetic means of results of the three runs shall apply. In
the event that a sample is accidentally lost or conditions occur in
which one of the three runs must be discontinued because of forced
shutdown, failure of an irreplaceable portion of the sample train,
extreme meteorological conditions, or other circumstances, beyond the
owner or operator's control, compliance may, upon the Illinois EPA's or
USEPA's approval, be determined using the arithmetic mean of the
results of the two other runs.
g.
Pursuant to 40 CFR 60.254(a), in conducting the performance tests
in 40 CFR 60.8, the owner or operator shall use as reference
methods and
the test methods in appendix A of 40 CFR Part 60
or other methods and procedures as specified in 40 CPR 60.254, except
as provided in 40 CFR 60.8(b).
h.
Pursuant to 40 CPR 60.254(b), the owner or operator shall determine
with the
matter standards in 40 CFR 60.252 as
follows:
i.
Method 5 shall be used to determine the particulate matter
concentration. The sampling time and sample volume for each run
shall be at least 60 minutes and 0.85 dscm (30 dscf). Sampling
shall begin no less than 30 minutes after startup and shall
tenninate before shutdown procedures begin.
ii.
Method 9 and the procedures in 40 CFR 60.11 shall be used to
determine opacity.
9a.
Pursuant to 35 Ill. Adm. Code 201.282, every emission source or
air
pollution control equipment shall be subject to the following testing
requirements for the purpose of determining the nature and quantities
of
fied air contaminant emissions and for the purpose of
determining ground level and ambient air concentrations of such air
contaminants:
i.
by Owner or Operator. The Illinois EPA may require the
owner or operator of the emission source or air pollution control
equipment to conduct such tests in accordance with procedures
adopted
the Illinois EPA, at such reasonable times as may be
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* * * * * PCB 2008-103 * * * * *
Page 9
specified by the Illinois EPA and at the expense of the owner or
operator of the emission source or air pollution control
equipment. The Illinois EPA may adopt procedures detailing
methods of testing and formats for reporting results of testing.
Such procedures and revisions thereto, shall not become effective
until filed with the Secretary of State, as required by the APA
Act. All such tests shall be made by or under the direction of a
person qualified by training and/or experience in the field of
air pollution testing. The Illinois EPA shall have the right to
observe all aspects of such tests.
ii.
Testing by the Illinois EPA. The Illinois EPA shall have the
right to conduct such tests at any time at its own expense. Upon
request of the Illinois EPA, the owner or operator of the
emission source or air pollution control equipment shall provide,
without charge to the Illinois EPA, necessary holes in stacks or
ducts and other safe and proper testing facilities, including
scaffolding, but excluding instruments and sensing devices, as
may be necessary.
b.
by Condition 10 shall be performed upon a written
request from the Illinois EPA by a
individual or independent
testing service.
lOa.
Pursuant to 35 Ill. Adm. Code 212.107, for both
and non-
fugitive particulate matter emissions, a determination as to the
presence or absence of visible emissions from emission units shall be
conducted in accordance with Method 22, 40 CFR Part 60, Appendix A,
except that the
of the
shall be at the
discretion of the observer, but not less than one minute. 35 Ill. Adm.
Code 212
A shall not apply to 35 Ill. Adm. Code 212.301.
b.
Pursuant to 35 Ill. Adm. Code 212.109, except as otherwise provided in
35 Ill. Adm. Code Part 212, and except for the methods of data
reduction when applied to 35 Ill. Adm. Code 212.122 and 212.123,
measurements of opacity shall be conducted in accordance with Method 9,
40 CPR Part 60, Appendix A, and the
in 40 CFR 60.675(c) and
(d), if applicable, except that for roadways and parking areas the
number of readings required for each vehicle pass will be three taken
at 5-second intervals. The first reading shall be at the point of
maximum opacity and second and third readings shall be made at the same
point, the observer standing at right angles to the plume at least 15
feet away from the plume and observing 4 feet above the surface of the
roadway or parking area. After four vehicles have passed, the 12
readings will be averaged, pursuant to 35 Ill. Adm Code 212.109.
c.
Pursuant to 35 Ill. Adm. Code 212.110(a), measurement of particulate
matter emissions from stationary emission units
ect to 35 Ill. Adm.
Code Part 212 shall be conducted in accordance with 40 CPR Part 60,
Appendix A, Methods 5, SA, 5D, or 5E, pursuant to 35 Ill. Adm. Code
212.110(a) .
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* * * * * PCB 2008-103 * * * * *
Page 10
d.
Pursuant to 35 Ill. Adm. Code 212.110(b), the volumetric flow rate and
gas velocity shall be determined in accordance with 40 CFR Part 60,
Appendix A, Methods I, lA, 2, 2A, 2C, 2D, 3, and 4, pursuant to 35 Ill.
Adm. Code 212.110(b).
e.
Pursuant to 35 Ill. Adm. Code 212.110(c), upon a written notification
by the Illinois EPA, the owner or operator of a particulate matter
emission unit subject to 35 Ill. Adm. Code Part 212 shall conduct the
applicable testing for particulate matter emissions, opacity, or
visible emissions at such person's own expense, to demonstrate
compliance. Such test results shall be submitted to the Illinois EPA
within thirty (30) days after conducting the test unless an alternative
time for submittal is agreed to by the Illinois EPA, pursuant to 35
Ill. Adm. Code 212.110(c).
l1a. 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
performing the tests, with the
be performing sampling and
similar tests;
service(s)
names of the individuals who may
and their experience with
iii. The
determinations of emissions
which
are intended to be made, including the site(s) in the ductwork or
stack at which sampling will occur;
iv.
The
fic conditions under which testing will be performed,
including a discussion of why these conditions will be
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;
b. 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
is delayed, the permittee shall promptly noti
the
Illinois EPA by facsimile, at least 5
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
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* * * * * PCB 2008-103 * * * * *
Page 11
include the new date and time for testing, if set, or a separate
notification shall be sent with this information when it is set.
c. 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 fi
rate.
B.
Control
i.e., equipment condition
and operating parameters during testing.
v.
Data and calculations, including
and records of
on
calibration.
all raw data sheets
calculations, and data
1221. The moisture content of a
sample of the bulk material
handled by the source shall be measured at least one per week, when
water spray is not being utilized, using ASTM Procedures
(C566-97)
for
total moisture content of material.
b. If the Permittee relies on Condition 6(21) (i) to demonstrate compliance
with Condition 6(21), the Permittee shall monitor for the water spray
equipment as follOWS:
i
The water supply to the spray equipment shall be equipped with a
metering device used to determine water usage for the control of
particulate matter emissions.
ii.
of water spray equipment and operation (such as
leaking, maintaining adequate flow, clogging of flow lines, etc.)
shall be
at least once per week when the affected
aggregate processing plant is in operation.
13a.
Pursuant to 40 CFR 60.7 (b), any owner or operator subject to the
of 40 CPR Part 60 shall maintain records of the occurrence
and duration of any startup, shutdown, or malfunction in the operation
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* * * * * PCB 2008-103 * * * * *
Page 12
of an affected facility; any malfunction of the air pollution control
equipment; or any periods during which a continuous monitoring system
or monitoring device is inoperative.
b. Pursuant to 40 CFR 60.7{f), any owner or operator subject to the
provisions of 40 CFR Part 60 shall maintain a file of all measurements,
including continuous monitoring system, monitoring device, and
performance testing measurements; all continuous monitoring system
performance evaluations; all continuous monitoring system or monitoring
device calibration checks; adjustments and maintenance performed on
these systems or devices; and all other information required by 40 CFR
Part 60 recorded in a permanent form suitable for inspection. The file
shall be retained for at least two years following the date of such
measurements, maintenance, reports, and records.
14a. Pursuant to 35 Ill. Adm. Code 212.110{e), the owner or operator of an
emission unit subject to 35 Ill. Adm. Code Part 212 shall retain
records of all tests which are performed. These records shall be
retained for at least three (3) years after the date a test is
performed.
with the
shall submi t to
summary of such
Pursuant to 35 Ill. Adm. Code 212.316(g) (I), the owner or
operator of any
particulate matter emission unit
to 35 Ill. Adm. Code 212.316 shall
written records of the
of control measures as may be needed for compliance
limitations of 35 Ill. Adm. Code 212.316 and
the Illinois EPA an annual report containing a
information.
b.
i.
ii.
Pursuant to 35 Ill. Adm. Code 212.316{g) (2), the records required
under 35 Ill. Adm. Code 212.316(g) shall include at least the
following:
A.
The name and address of the source;
B.
The name and address of the owner and/or operator of the
source;
C.
A map or diagram showing the location of all emission units
controlled, including the location, identification, length,
and width of roadways;
D.
For application of physical or chemical control agents: the
name of the agent, application rate and frequency, and
total quantity of agent and, if diluted, percent of
concentration, used each day; and
E.
A log recording incidents when control measures were not
used and a statement of explanation.
iii. Pursuant to 35 Ill. Adm. Code 212.316(g) (3), the records required
under 35 Ill. Adm. Code 212.316 shall be kept and maintained for
Electronic Filing - Received, Clerk's Office, June 27, 2008
* * * * * PCB 2008-103 * * * * *
page 13
at least three (3) years and shall be available for inspection
and copying by Illinois EPA representatives during working hours.
iv.
Pursuant to 35 Ill. Adm. Code 212.316(g} (4), the records required
under 35 Ill. Adm. Code 212.316(g} shall be kept and maintained
for at least three (3) years and shall be available for
inspection and copying by Illinois EPA representatives during
working hours.
c.
i.
Pursuant to 35 Ill. Adm. Code 212.324(g) (I), written records of
inventory and documentation of inspections, maintenance, and
repairs of all air pollution control equipment shall be kept in
accordance with 35 Ill. Adm. Code 212.324(f).
ii.
Pursuant to 35 Ill. Adm. Code 212.324(g) (2), the owner or
operator shall document any period during which any process
emission unit was in operation when the air pollution control
equipment was not in operation or was malfunctioning so as to
cause an emissions level in excess of the emissions limitation.
These records shall include documentation of causes for pollution
control equipment not operating or such malfunction and shall
state what corrective actions were taken and what repairs were
made.
iii. Pursuant to 35 Ill. Adm. Code 212.324(g) (3), a written record of
the inventory of all spare parts not readily available from local
suppliers shall be
and updated.
iv.
Pursuant
under 35
at least
and
to 35 Ill. Adm. Code 212.324
Ill. Adm. Code 212.324 shall
three (3) years and shall be
by Illinois EPA
(5), the records
be kept and maintained for
available for inspection
during working hours.
16a. The Permittee shall maintain records of the following items so as to
demonstrate compliance with the conditions of this permit:
i.
Records addressing use of good operating practices for the
material handling
at this source:
A.
If the Permittee is relying on the requirements of
Conditions 6(a) (ii) and 12(a) to demonstrate compliance
with Condition 6(a}, the Permittee shall maintain records
of all moisture content tests performed including date,
time, individual performing test, and location of sample
(e.g., prior to crushing, stockpiles, etc.);
B.
If the Permittee is
on Condition 6(a) (i) to
demonstrate compliance with Condition 6(a), the Permittee
shall maintain operat
logs for the water spray
equipment, including dates and times of usage, malfunctions
(type, date, and measures taken to correct), water usage,
and dates when there was at least 0.25" of rainfall during
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* * * * * PCB 2008-103 * * * * *
Page 14
the preceding 24 hours and the water spray equipment was
not operated; and
C.
The Permittee shall maintain monthly records of water
consumption in the spray equipment, as determined by the
meter required by Condition 12(b) and the amount of
precipitation specified in Condition 16(a} (i) (B).
ii.
Name and total amount of each bulk material processed (crushed,
screened and transferred), tons/month and tons/year; and
iii. Monthly and annual emissions of PM and PM
10
from the material
handling operations at this source, with supporting calculations
(tons/month and tons/year) .
b. All records and logs required by this permit shall be retained at a
readily accessible location at the source for at least five (5) years
from the date of entry and shall be made available for inspection and
copying by the Illinois EPA or USEPA 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 or USEPA request for records
during the course of a source
ion.
17.
If there is an exceedence of or a deviation from the requirements of
this permit as determined by the records required by this permit, the
Permittee shall submit a report to the Illinois EPA's
Section in
Illinois within 30
after the exceedence or
deviation. 'rhe report shall include the emissions released in
accordance with the recordkeeping requirements, a copy of the relevant
records, and a description of the exceedences or deviation and efforts
to reduce emissions and future occurrences.
18a. Pursuant to 40 CFR 60.7{a), any owner or operator subject to the
provisions of 40 CFR Part 60 shall furnish the Illinois EPA or USEPA
written notification or, if acceptable to both the Illinois EPA or
USEPA and the owner or operator of a source, electronic notification,
as follows:
i.
A notification of the date construction (or reconstruction as
defined under 40 CFR 60.15) of an affected facility is commenced
postmarked no later than 30 days after such date. This
requirement shall not apply in the case of mass-produced
facilities which are purchased in completed form.
ii.
A notification of the actual date of initial startup of an
affected facility postmarked within 15 days after such date.
iii. A notification of any physical or operational change to an
existing facility which may increase the emission rate of any air
pollutant to which a standard applies, unless that change is
specifically exempted under an applicable subpart or in 40 CFR
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* * * * * PCB 2008-103 * * * * *
page 15
60.14(e).
This notice shall be postmarked 60 days or as soon as
practicable before the change is commenced and shall include
information describing the precise nature of the change, present
and proposed emission control systems, productive capacity of the
facility before and after the change, and the expected completion
date of the change. The Illinois EPA or USEPA may request
additional relevant information sUbsequent to this notice.
19a. Pursuant to 35 Ill. Adm. Code 212.110(d), a person planning to conduct
testing for particulate matter emissions to demonstrate compliance
shall give written notice to the Illinois EPA of that intent. Such
notification shall be given at least thirty
(30)
days prior to the
initiation of the test unless a shorter period is agreed to by the
Illinois EPA. Such notification shall state the specific test methods
from 35 Ill. Adm. Code 212.110 that will be used.
b. Pursuant to 35 Ill. Adm. Code 212.316(g) (5), a quarterly report shall
be submitted to the Illinois EPA stating the following: the dates any
necessary control measures were not implemented, a listing of those
control measures, the reasons that the control measures were not
implemented, and any corrective actions taken. This information
includes, but is not limited to, those dates when controls were not
based on a belief that application of such control measures
would have been unreasonable
conditions,
which shall constitute a defense to the
of 35 Ill. Adm.
Code 212.316. This report shall be submitted to the Illinois EPA
thirty (30) calendar
from the end of a quarter. Quarters end March
31, June 30,
30, and December 31.
c.
1.
Pursuant to 35 Ill. Adm. Code 212.324(g) (4),
records required by 35 Ill. Adm. Code 212.324
to the Illinois EPA within ten (10) working
request by the Illinois EPA.
of all
shall be submitted
after a written
ii.
Pursuant to 35 Ill. Adm. Code 212.324(g) (6), upon written request
by the Illinois EPA, a report shall be submitted to the Illinois
EPA for any period specified in the request stating the
following: the dates during which any process emission unit was
in operation when the air pollution control equipment was not in
or was not operating properly, documentation of causes
for pollution control equipment not operating or not operating
properly, and a statement of what corrective actions were taken
and what
were made.
20.
Two
(2)
of
reports and notifi.cations shall be sent to:
Illinois Environmental Protection
Division of Air Pollution Control
compliance Section (#40)
P.O. Box 19276
Springfield, Illinois 62794-9276
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* * * * * PCB 2008-103 * * * * *
Page 16
and one (l) 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
9511 West Harrison
Des Plaines, Illinois 60016
The OPERATING permit application is DENIED because the Illinois Environmental
Protection Act, Section 9, and 35 Ill. Adm. Code 201.160{b} might be
violated.
Pursuant to Section 201.160{b), 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
apply for the operating permit after the construction and testing are
successfully completed in accordance with the construction permit. This
information must be submitted in triplicate and should reference the
application and 1.0. numbers assigned above.
If you have any questions on this
217/782 -2113.
Edwin C. Bakowski, P.E.
Manager, Permit Section
Division of Air Pollution Control
ECB:JPB:psj
cc:
Region 1
Date
call John Blazis at
Electronic Filing - Received, Clerk's Office, June 27, 2008
* * * * * PCB 2008-103 * * * * *
SEH
June 4,2008
JolmBlazis
Illinois Environmental Protection Agency
1021 North Grand Avenue
Springfield, II, 62702
Subject: Construction Pennit for Two Electric Conveyors
Application No. 07100090
KCBX Tenninals Company
ID No. 031600AHI
Dear Mr. Blazis:
On May 23, 2008 the Illinois Environmental Protection Agency (IEPA) issued an air pennit to the KCBX
Tenninals Company (KCBX) located in Chicago, Illinois. The pennit authorizes the construction of two
electric conveyors at the bulk materials tenninal and denies an operating permit for the same emission
units. On May 29,2009, Mr. Terry Steinert ofKCBX and
I
had a conversation with Bob Bemoteit of the
!EPA regarding these conditions. Per Mr. Bemoteit's instruction and on behalf of KCBX, Short Elliot
Hendrickson (SEH) requests that the pennit be modified based on the following points ofclarification.
Operating Permit Denial
The title of the pennit is "Construction Pennit Grant - - Operating Pennit Denial - - NSPS Source". The
text "Operating Pennit Denial" is confusing as
it
suggests that operation of the two new conveyors is not
allowed. This contradicts language in Condition l.b that allows the operation of the conveyors until the
facility's Federally Enforceable State Operation Pennit (FESOP) is re-issued. In addition, the two
paragraphs on the last page ofthe pennit state that "The OPERTATING permit application is DENIED"
and that "an operating pennit may not be issued until the equipment has been constructed or modified in
accordance with applicable conditions in this construction pennit".
Again, this language causes
confusion on whether the operation of the conveyors is allowed.
We request that the title to the pennit be replaced with "Joint Construction and Operating Pennit" and
that the two paragraphs on the last page of the permit which begin with "The OPERTATING permit
application is DENIED...." and "Pursuant to Section 20LI60(b)....." be removed from the permit.
Condition l.b should remain to clearly establish that the source, including the two conveyors, can be
operated under the conditions of the construction pennit until the FESOP is re-issued.
NSPS Issues
Condition 2.a of the final pennit incorrectly states that the two new electric conveyors are subject to the
New Source Perfonnance Standard (NSPS) for Coal Preparation Plants, 40 CFR 60 Subpart Y (NSPS V).
KCBX operates a coal screening plant subject to the NSPS Y. However, the new conveyors are not
subj ect to NSPS Y unless they are directly cOlmected to the screening plant. KCBX will accept a permit
condition prohibiting the connection of the two new conveyors to the screening plant.
Short Elliott Hendrickson Inc., 809 North 8th Street. Suite 205, Sheboygan. WI 53081.4032
SEH is an equal opportunity employer
I
www.sehlno::.comI920.452.6603
I
920.452.6035 faj
EXHIBIT
B
Electronic Filing - Received, Clerk's Office, June 27, 2008
* * * * * PCB 2008-103 * * * * *
Mr. Jolm Blaxis
June 4,2008
Page 2
Since the conveyors are not subject to NSPS Y, several conditions in the final pennit must be removed:
Condition 2 in its entirety, Condition 8 in its entirety, Condition 11 in its entirety, Condition 13 in its
entirety, and Condition 18 in its entirety. These conditions pertain to NSPS limitations and testing.
Moisture Content
The final permit requires that KCBX maintain a surface moisture content of at least 1.5% by weight in the
bulk materials handled at the site (see Condition 6.a). Compliance with this requirement can be
demonstrated by recording the use of water sprays [Condition 6.a.i] or by measuring water content in a
representative sample at least once per week (Conditions 6.a.ii and 12.a). Our concerns regarding these
conditions follow:
1)
Compliance demonstration requirements during the winter months are unclear. Use of water
sprays is not practical and not required during freezing conditions yet the weekly moisture
monitoring would apparently be required throughout the year, even though the piles would
likely be
snow~covered,
or have a frozen surface.
2)
Collecting a representative surface sample would disrupt the "crust" that forms on the
exterior of the storage piles. This crust is a desirable feature that minimizes
wiud~blown
dust
from piles.
3) A primary reason for the 1.5% moisture requirement is to minimize emissions during material
transfer operations. During material transfers, interior pile moisture content is a more critical
parameter as the vast bulk of the stored material is interior. Since bulk materials are
transferred to storage piles as they are received, a good measure of interior moisture content
is the moisture content of received materials. KCBX receives a moisture analysis from the
supplier with product
that is representative of the moisture content. This moisture
content typically ranges between 8 and 11 percent by weight.
KCBX proposes to modify the permit such that KCBX would be required to operate water spays during
non~freezing
conditions (Condition 6.a.1)
maintain records showing monthly average incoming
material moisture content exceeds 1.5% by weight. This approach would demonstrate that interior and
exterior moisture content is maintained at acceptable levels. With this proposed revision, Condition 6.aJ
should be revised to specify that this condition is a valid demonstration of compliance for the entire year,
even when watering systems do not operate because of freezing conditions. Condition 12.b should be
revised to reflect that this compliance demonstration is valid in combination with th.e moisture content of
received materials, even when watering systems are shut down for winter. Finally, Condition 16 should
be clarified to specify that reporting of the winterized water spray system is a valid compliance
demonstration when used in conjunction with bulk material moisture contents provided by the bulk
material suppliers.
KCBX requests that it be allowed to review any revised permit language prior to
re~issuance
so that any
unclear permit language can be rectified. KCBX also requests that, with re-issuance, IEPA state the basis
and authority under which the permit is reissued with the modified terms.
Notwithstanding the foregoing, KCBX reserves all rights to appeal any condition of the Construction
Permit and/or IEPA's Operating Pennit Denial issued May 23, 2008 in response to Application No.
07100090. This letter is not intended to be and should not be construed as a waiver of any rights or
arguments that KCBX may have in the contest of IEPA's permit decision under applicable IUinois
statutes and regulations governing such rights and procedures.
Electronic Filing - Received, Clerk's Office, June 27, 2008
* * * * * PCB 2008-103 * * * * *
Mr. John Blazis
June 4,2008
Page 3
Thank you for the opportunity to clarity the permit conditions surrounding this new equipment. Please
contact Mr. David Bever
at KCBX (773-978-8516) or me at 920.452.6603 if you have any questions
regarding this revision request.
Sincerely,
SHO~
ELLIOTT HE1RlCKSON
~c.
~7l,
tL--__
ThomasSenior
ProfessionalA.
Henning,EngineerPE, CHMM
1
cc:
David Bever, KCBX Terminals ompany
Terry Steinert, KCBX Terminals Company
Electronic Filing - Received, Clerk's Office, June 27, 2008
* * * * * PCB 2008-103 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
KCBX TERMINALS COMPANY,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
)
)
)
)
)
)
)
)
)
)
PCB 08-
(Air Permit Appeal)
MOTION TO STAY THE EFFECTIVENESS
OF CONTESTED PERMIT CONDITIONS
NOW COMES Petitioner, KCBX TERMINALS COMPANY ("KCBX"), a North
Dakota corporation, by and through its attorneys, HODGE DWYER ZEMAN, pursuant
to Section 10-65(b)
of the Illinois Administrative Procedure Act (5 ILCS 100IlO-65(b))
and pursuant to the Illinois Pollution Control Board's ("Board") authority to grant
discretionary stays
of permit conditions
(see,
Community Landfill Co. and City of
Morris v. Illinois
PCB Nos. 01
and 01-49 (Ill.Pol.Control.Bd. Oct. 19,2000)),
and hereby moves the Board to stay the effectiveness
of the contested conditions of the
"Construction Permit Grant - Operating Permit Denial - NSPS Source" ("Final Air
Permit") at issue in this matter.
In support
of this Motion, KCBX states as follows:
1.
On May 23, 2008, the Illinois Environmental Protection Agency ("Illinois
EPA") issued the Final Air Permit (Application No. 07100090) to KCBX, which included
conditions that are not required by the Illinois Environmental Protection Act ("Act") or
regulations promulgated thereunder, and are not necessary to correct, detect, or prevent
Electronic Filing - Received, Clerk's Office, June 27, 2008
* * * * * PCB 2008-103 * * * * *
noncompliance with, or to otherwise accomplish the purposes of, the Act or regulations
promulgated thereunder.
2.
Today, KCBX filed simultaneously with this Motion a timely Petition for
Review
of such permit conditions.
3.
The Board may grant a stay
of contested permit conditions where a
petitioner has requested such a stay.
See, e.g., Midwest Generation,
LLC Will County
Generating Station
v. Illinois EPA,
PCB No. 06-156 (Ill.Pol.Control.Bd. July 20, 2006)
(granting a request for a partial stay
of construction permit conditions),
North Shore
Sanitaly District
v. Illinois EPA,
PCB No. 03-146 (Ill.Pol.Control.Bd. Mar. 20,2003)
(granting Petitioner's Motion to Stay Condition 1 pending the outcome
of the appeal),
Hartford Working Group
v. Illinois EPA,
PCB No. 05-74 (I11.Po1.Control.Bd. Nov. 18,
2004) (granting Petitioner's Motion to Stay Effectiveness of Special Condition 2.0 until
the Board takes final action in the appeal).
A stay
of
of Conditions 2,
11, 13, 18, 6.aj., l2.b. and 16
of the Final Air Permit issued to KCBX on May 23, 2008, is needed to prevent
irreparable harm to
KCBX Each of these Conditions would require KCBX to incur costs
to comply with these Conditions, where the activities that the Conditions require either
are unneeded or will not provide the Illinois EPA with the information necessary to
review
KCBX'scompliance status.
See
Petition for Review. Further, a stay is necessary
to protect KCBX's right to appeal permit conditions. That is,
KCBX'sappeal would be
rendered meaningless if it must comply with these provisions while its appeal is pending.
Finally, no adequate remedy exists at law, and KCBX has a probability
of success on the
merits.
See
Petition for Review.
2
Electronic Filing - Received, Clerk's Office, June 27, 2008
* * * * * PCB 2008-103 * * * * *
5.
The Illinois EPA, the public, and the environment will not be harmed if a
stay is granted.
WHEREFORE, Petitioner, KCBX TERMINALS COMPANY, moves the
Illinois Pollution Control Board to grant a Stay
of Effectiveness of Conditions 2,
8, 11, 13, 18, 6.a.i., 12.b. and 16 of KCBX's May 23, 2008 Final Air Permit until
the Board's final action
in this matter.
Respectfully submitted,
KCBX TERMINALS COMPANY
Petitioner,
By:
/s/ Katherine
D. Hodge
Katherine D. Hodge
Dated: June
27,2008
Katherine D. Hodge
Lauren
Lurkins
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
KCBX:002/Fil/Motion to Stay Effectiveness of Contested Permit Conditions
3
Electronic Filing - Received, Clerk's Office, June 27, 2008
* * * * * PCB 2008-103 * * * * *
