213.110  Purpose and Applicability

213.115  Definitions
EMERGENCY
213.120  Compliance Date
EMERGENCY

EMERGENCY

EMERGENCY

EMERGENCY
 

SUBPART B: FUGITIVE DUST CONTROLS
 

Section
213.210  Applicability
EMERGENCY
213.213  Definitions
EMERGENCY

213.220  Plan for Total Enclosure

213.225  Coke and Coal Fugitive Dust Plan
EMERGENCY
213.230  Property Boundary Setbacks

213.235  Pile Height
EMERGENCY
213.240  Wind Events

213.245  Paving
EMERGENCY
213.250  Roadways and Railways

213.260  Transfer Points
EMERGENCY
213.265  Dust Suppression System

213.270  Vehicle Covers
EMERGENCY
213.275  Transport
EMERGENCY
213.280  Monitoring
EMERGENCY
213.285  Recordkeeping and Reporting
EMERGENCY
 

SUBPART C: WATER POLLUTION CONTROLS
 

Section
213.310  Applicability
EMERGENCY
213.315  Definitions
EMERGENCY

EMERGENCY 
213.325  Wastewater and Stormwater Runoff Controls
EMERGENCY
 

SUBPART D: HAZARDOUS WASTE DETERMINATIONS

 
Section
213.410  Applicability
EMERGENCY
 
213.415  Hazardous Waste Determinations
EMERGENCY
 

Section 213.115  Definitions

“100-Year, 24-Hour Precipitation Event” means the maximum 24-hour precipitation event with a probable recurrence interval of once in 100 years, as defined by NOAA Atlas 14; Precipitation Frequency Atlas of the United States, incorporated by reference in Section 213.125.

“Act” means the Illinois Environmental Protection Act.
 
“Board” means Illinois Pollution Control Board.
 
“Coke” means a solid carbonaceous material derived from the distillation of coal (including metallurgical coke) or from oil refinery coker units or other cracking processes (including petroleum coke).
 
“Coke or coal bulk terminal” means a source, site, or facility where coke or coal is stored, handled, blended, processed, transported, or otherwise managed, other than the source, site, or facility that produces or consumes the coke or coal. A coke or coal bulk terminal typically receives coke or coal from one type of vehicle – such as a truck, railcar, barge, or lake vessel – and transfers the coke or coal to another type of vehicle, often while temporarily storing the coke or coal between receipt and transfer.
 
“Moist” means having a moisture content that is in no place less than 8.3% by weight for coke, and 7.6% by weight for coal.
 
“Operator” means the operator of a coke or coal bulk terminal.
 
“Owner” means the owner of a coke or coal bulk terminal.
 
“Restricted Area” means the area within the boundaries of any “municipality” as defined in the Illinois Municipal Code (Ill. Rev. Stat. 1981, ch. 24, par. 1-1-2), plus a zone extending one mile beyond the boundaries of any such municipality having a population of 1,000 or more according to the latest federal census.
 
“Separation pond” means a container for separating coke or coal from water by gravity, which has a liquid water surface at all points.
 
“Transfer point” means any point where material being moved, carried, conveyed, or transported is dropped or deposited, other than points where material is being loaded to or unloaded from railcars or marine vessels.
 
“Vehicle” means any car, truck, railcar, off-road mobile heavy equipment, or marine vessel.
 
“Water spray system” means a dust suppression technique that uses water or water-based solutions delivered through pipes, tubes, or hoses that are fitted with one or more nozzles and operated at pressures ranging from 1 to 2000 psi.

Section 213.120  Compliance Date

“NOAA Atlas 14: Precipitation-Frequency Atlas of the United States,” United States Department of Commerce, National Oceanic and Atmospheric Administration, National Weather Service, Volume 2, Version 3.0 (2004), revised 2006. Available from NOAA, NWS, Office of Hydrologic Development, 1325 East West Highway, Silver Spring, MD 20910 (Available online at http://www.nws.noaa.gov/oh/hdsc/PF_documents/Atlas14_Volume2.pdf ).

a)  These rules apply in addition to any other laws and regulations, including but not limited to Section 34 of the Act.
 
b)  Any violation of the provisions of this Part may result in enforcement action pursuant to Title VIII of the Act, and/or penalties pursuant to Title XII of the Act.

a)        The Agency must post all plans submitted to the Agency pursuant to Sections 213.220, 213.225, 213.265(c), 213.275(b), or 213.325 of this Part on the Agency’s website for at least thirty (30) days.
 
b)       The Agency must accept written comments regarding a plan described in subsection (a) of this Section for thirty (30) days, beginning on the date the plan is posted on the Agency’s website. The Agency must take such comments into consideration.
 
c)  The Agency may, in its sole discretion, respond to comments received pursuant to subsection (b) of this Section, but a response is not required.

SUBPART B: FUGITIVE DUST CONTROLS

 
Section 213.210  Applicability

a)  No later than sixty (60) days after the effective date of this Part, the owner or operator must remove all coke and coal that have been at the source for more than one year, and transfer such material to a location that complies with the requirements of the Illinois Environmental Protection Act and applicable regulations.
 
b)  Except as provided under subsection (a) of this Section, the owner or operator must remove coke and coal from the source no later than one year after the date such materials were received at the source.

 
a)  Structures or buildings must be equipped with, maintain, and use as needed a water spray system or permitted air pollution control equipment sufficient to control fugitive dust emissions at designed vents and at entrances and exits for material or vehicles;
 
b)  The pad, base, or flooring area of the structures or buildings must be impermeable;
 
c)  All entrances and exits must have overlapping flaps, sliding doors, or other equivalent device(s) approved in writing by the Agency, which must remain closed except to allow entry or exit. Any device approved by the Agency pursuant to this subsection must be capable of achieving the same level of fugitive dust control provided by overlapping flaps or sliding doors;
 
d)  Structures or buildings must comply with all applicable building code requirements; and
 
e)  The owner or operator must utilize best practices to minimize the risk of fire or explosion within the enclosure.

Section 213.225  Coke and Coal Fugitive Dust Plan

 
Section 213.230  Property Boundary Setbacks

 
Section 213.235  Pile Height

Section 213.240  Wind Events

Section 213.245  Paving

Section 213.250  Roadways and Railways

 
a)  Use a street sweeper equipped with a water spray and vacuum system equipped with a filter collection device, system, or equivalent to clean all roads used to transport coke or coal at the source and within one quarter mile of the perimeter of the source. Street sweeping must take place at least once every four hours or after every 100 truck material receipts or dispatches, but not less than once per calendar day when the source is open for business;
 
b)  Record on a daily basis the date and time(s) when street sweeping is performed and the truck count between sweepings, and provide such records to the Agency upon request; and
 
c)  Maintain railways at railcar loading and unloading stations free of loose and spilled material.
 

Section 213.260  Transfer Points

 
a)  Transfer only moist material;
 
b)  Install and operate water spray bars, a misting system, water hoses, or similar devices sufficient to prevent visible fugitive dust during operations; or
 
c)  When transferring coke or coal into vehicles and piles, utilize choke-feeding to minimize fugitive dust emissions.
 
Section 213.265  Dust Suppression System

 
a)  Apply chemical dust suppressant agents and/or maintain and operate water spray bars, a misting system, water hoses, and/or water trucks to control fugitive dust emissions;
 
b)  The dust suppression system described in subsection (a) of this Section must be operated such that coke and coal at the surface of the pile is moist at all times; and
 
c)  Develop and implement a plan containing measures, such as water heating systems, that adequately ensure that dust suppression continues when temperatures fall below 32 degrees Fahrenheit. No later than seven (7) days after the effective date of this Part, submit such plan to the Agency (directed to the Manager of the Bureau of Air’s Compliance Section). Any plan deficiencies noted by the Agency must be corrected within seven (7) days of written notification by the Agency.

Section 213.270  Vehicle Covers

 
a)  A solid sliding cover on the top of the truck that is kept completely closed; or
 
b)  A continuous tarp that completely covers the trailer and does not contact the material within the trailer. In addition, the tarp must be installed, or the trailer constructed, to prevent wind from entering over the leading edge of the rim of the trailer and into the interior of the trailer. The tarp must not contain any rips or tears that allow fugitive dust emissions during transport.

Section 213.275  Truck Transport

 
1)  All trucks adhere to the posted speed limit within the source, which must be no more than 8 miles per hour; and
 
2)  All outgoing coke or coal transport trucks, whether loaded or empty, are cleaned so that:
 
A)  All parts of any tractor, trailer, or tire exterior surface, excluding the inside of the trailers, are free of all loose material;
 
B)  The material removed by the truck cleaning operation is collected and properly disposed of so that it does not result in fugitive dust emissions; and
 
C)  All outgoing coke or coal transport trucks, whether loaded or empty, pass through a wheel wash station, and pass over rumble strips that will vibrate the trucks and shake off loose material and dust.

b)  No later than forty-five (45) days after the effective date of this Part, the owner or operator must submit to the Agency (directed to the Manager of the Bureau of Air’s Compliance Section) and follow a plan to minimize the impact of truck traffic upon residential areas near the source. Any plan deficiencies noted by the Agency must be corrected within forty-five (45) days of written notification by the Agency.

Section 213.280  Monitoring

 
a)  The owner or operator must conduct monitoring of the coke and coal that is stored and handled at source. Each calendar week the owner or operator must collect representative samples of the coke and coal, as described below, and test the moisture content of such samples using ASTM Procedure D 3302 for coal and ASTM Procedure D 3172 and D 4931 for coke.  The owner or operator must conduct sampling until three consecutive tests at the source, taken at least 24 hours apart, show moisture contents of 8.3% by weight or greater for coke and 7.6% by weight or greater for coal;
 
b)       The owner or operator must install, maintain, and operate a master metering device on the equipment used for dust suppression by equipment type (i.e., processing and conveying equipment (including breakers and crushers), and coke or coal storage, transfer, and loading systems); and
 
c)  At least once per calendar week the owner or operator must inspect all dust suppression equipment for proper operation (i.e., maintaining adequate flow, clogging of flow lines, etc.) when this equipment is being utilized.

Section 213.285  Recordkeeping and Reporting

a)  The owner or operator must keep and maintain records containing the following information:
 
1)  The type and amount, in tons, of all coke and coal delivered to the source each day; the name and address of the person or company from which the material was received; the type and amount, in tons, of all coke and coal transported from the source each day; and the name and address of the recipient of the material transported from the source;
 
2)  The total quantity of coke and coal, in tons and cubic yards, at the source at the end of each month;
 
3)  All cleaning and street sweeping performed pursuant to Section 213.250 of this Part;
 
4)  The date and time of the application of water and chemical dust suppressant agent pursuant to Section 213.265 of this Part, indicating any instances when such application is suspended for any reason, including but not limited to weather conditions;
 
5)  The dust suppression system manufacturer’s recommended maintenance procedures and the date and time of any maintenance and inspection activities and the results of those activities. Any variance from the manufacturer’s recommendations must be noted;
 
6)  The date and time of periodic visual observations of the coke and coal at the source, noting the areas with visible emissions and the corrective actions taken to reduce visible emissions;
 
7)  Monthly certification that the dust suppression systems were operational at all times during the processing of coal and coke, and that the system manufacturer's recommendations were followed for all control systems.  Any variance from the manufacturer's recommendations must be noted;
 
8)  Monthly certification that the Coke and Coal Fugitive Dust Plan required under Section 213.225 of this Part was followed during the month. Any variance from the plan must be noted;
 
9)  Information regarding the master metering device on the equipment used for dust suppression, including dates and hours of usage, total amount of water applied each month, malfunctions (type, dates, and measures to correct), records of each inspection conducted in accordance with Section 213.280 of this Part, amount of rainfall during the preceding 24 hours, and daily observations of coke and coal conditions (wet or dry) and other controls as may be present (e.g., coverage by snow or ice);
 
10)  Results of moisture analyses from samples of the coke and coal collected at the source pursuant to Section 213.280 of this Part, including date, time, individual or laboratory performing test, and location of sample (e.g., prior to screening, stockpiles, etc.); and
 
11)  All times when activities are suspended due to winds in excess of twenty-five (25) miles per hour.
 
b)  Unless otherwise specified, all required records must be kept and maintained at the source for a minimum of three (3) years from the date the record is created, and provided to the Agency upon request.
 
c)  No later than seven (7) days after the end of each month, the owner or operator must provide the Agency (directed to the Manager of the Bureau of Air’s Compliance Section) records containing the information specified in subsections (a)(1), (7), and (8) of this Section.
 
d)  All information submitted to the Agency, other than certifications, must be submitted in table summary format.

SUBPART C: WATER POLLUTION CONTROLS
 

Section 213.310  Applicability

 
Section 213.315  Definitions

Section 213.320  Water and Well Setbacks; Impermeable Barriers
EMERGENCY 
 

a)  A minimum distance of 200 feet from:
 
1)  All waters of the United States;

2)  All public water supply reservoirs and intakes;
 
3)  All potable water wells; and
 

 
 
Section 213.325  Wastewater and Stormwater Runoff Controls

 
a)  Within forty-five (45) days after the effective date of this Part, the owner or operator must submit applications for necessary permits, and implement comprehensive wastewater and stormwater runoff controls for the entire site.
 
1)  The controls must:
 
A)  Ensure that water that may come in contact with storage piles or process areas is prevented from entering waters of the State, except in accordance with a permit issued by the Agency;

B)  Address all potential inlets, drains, or entry points into the stormwater collection system, and off-site conveyances through which coke or coal might enter the stormwater collection system;
 
C)  Address timely and effective ways to respond to spills and or visible migration of pollutants that could occur onsite or offsite; and
 
D)  Demonstrate that the site is graded in such a way as to ensure proper drainage and to prevent pooling of water.
 

2)  For controls that utilize sedimentation ponds:

A)  The sedimentation ponds must be designed and operated to contain or appropriately treat runoff from a 100-year, 24-hour precipitation event;

 

B)  Rainfall, snowmelt, combined rainfall-snow melt events, and runoff from dust suppression spray systems must be considered in determining the design capacity of the sedimentation pond;

C)  The sedimentation ponds and ditches or conveyances tributary to such ponds must be constructed with a liner that has a maximum permeability equal to or less than 1x10^-7 cm/sec; and

D)  All discharges from the sedimentation ponds must comply with the applicable requirements of the Illinois Environmental Protection Act and 35 Ill. Adm. Code: Subtitles C and D.
b)  Within sixty (60) days after the effective date of this Part, the owner or operator must submit written documentation to the Agency demonstrating compliance with the comprehensive wastewater and stormwater runoff controls set forth in subsection (a) of this Section. Any deficiencies noted by the Agency must be corrected within sixty (60) days of written notification by the Agency.
 
c)  Submittals for compliance with this Subpart must be addressed to:
 
Illinois Environmental Protection Agency
Division of Water Pollution Control, Mail Code #15
Attention: Permit Section
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276

a)  The owner or operator must not accept coke for storage, handling, blending, processing, transport, or other management unless:

1)  A hazardous waste determination for the coke has been conducted in accordance with 35 Ill. Adm. Code 722.111; and
 
2)  Such determination establishes that the coke is not a hazardous waste.

b)  When making hazardous waste determinations pursuant to this Section coke must be analyzed as if it were a solid waste.
 
c)  Documentation of all determinations required under this Section must be maintained at the site and provided upon request to the Agency.

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