U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-290 262
Air Pollution Regulations in
State Implementation Plans: Illinois
Abcor Inc, Wilmington, MA Walden Div
Prepared for
Environmental Protection Agency, Research Triangle Park, NC
Aug 78
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&EFK
PB 290262
United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
EPA-450/3-78-063
August 1978
Air
Air Pollution Regulations
in State Implementation
Plans:
inois
REPRODUCED BY
NATIONAL TECHNICAL
INFORMATION SERVICE
U. S. DEPARTMENT OF COMMERCE
SPRINGFIELD, VA. 22161
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TECHNICAL REPORT DATA
(Please read Instructions on the reverse before completing}
1. REPORT NO.
EPA-450/3-78-063 _
4. TITLE AND SUBTITLE
Air Pollution Regulations in State Implementation i
Plans: Illinois
3. RECIPIENT'S ACCESSION-NO.
PB 2Qn 2-
5. REPORT DATE
August 1978
6. PERFORMING ORGANIZATION CODE
7. AUTHOFUS)
8. PERFORMING ORGANIZATION REPORT NO
9. PERFORMING ORGANIZATION NAME AND ADDRESS
Walden Division of Abcor, Inc.
Wilmington, Mass.
12. SPONSORING AGENCY NAME AND ADDRESS
Control Programs Development Division
Office of Air Quality Planning and Standards
Office of Air, Noise, and Radiation
Research Triangle Park, NC 27711
10. PROGRAM ELEMENT NO.
11. CONTRACT/GRANT NO.
68-02-2890
13. TYPE OF REPORT AND PERIOD COVERED
14. SPONSORING AGENCY CODE
15. SUPPLEMENTARY NOTES
EPA Project Officer: Bob Schell, Control Programs Development Division
16. ABSTRACT
This document has been produced in compliance with Section 110(h)(l) of the Clean Air
Act amendments of 1977. The Federally enforceable regulations contained in the State
Implementation Plans (SIPs) have been compiled for all 56 States and territories
(with the exception of the Northern Mariana Islands). They consist of both the
Federally approved State and/or local air quality regulations as indicated in the
Federal Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of the above
categories as of January 1,1978, have been incorporated. As mandated by Congress,
this document will be updated annually. State and/or local air Quality regulations
which have not been Federally approved as of January 1, 1978, are not included here;
omission of these regulations from this document in no way affects the ability of
the respective Federal, State, or local agencies to enforce such regulations.
KEY WORDS AND DOCUMENT ANALYSIS
DESCRIP1ORS
Air pollution
Federal Rrtjulntions
Pollution
State Implementation Plans
8. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
b.IDENTIFIERS/OPEN ENDED TERMS
19. SECURITY CLASS (This Report}
Unclassified
20. SECURITY CLASS (Thispage)
Unclassi fied
COSATI Field/Group
22. PRIC
A it-
EPA Form 2220-1 (9-73)
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EPA-450/3-78-063
Air Pollution Regulations
in State Implementation Plans
Illinois
by
Walden Division of Abcor, Inc.
Wilmington, Massachusetts
Contract No. 68-02-2890
EPA Project Officer: Bob Schell
Prepared for
U.S. ENVIRONMENTAL PROTECTION AGENCY
Office of Air, Noise, and Radiation
Office of Air Quality Planning and Standards
Research Triangle Park. North Carolina 27711
August 1978
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This report is issued by the Environmental Protection Agency to
report air pollution regulations of interest to a limited number of
readers. Copies are available, for a fee, from the National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
This report was furnished to the Environmental Protection Agency by
Walden Division of Abcor, Inc., Wilmington, Mass. 01887, in fulfillment
of Contract No. 68-02-2890. The contents of this report are reproduced
herein as received from Walden Division of Abcor, Inc. The opinions,
findings, and conclusions expressed are those of the author and not
necessarily those of the Environmental Protection Agency. Mention of
company or product names is not to be considered as an endorsement
by the Environmental Protection Agency.
Publication No. EPA-450/3-78-063
11
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INTRODUCTION
This document has been produced in compliance with Section 110(h)(l)
of the Clean Air Act Amendments of 1977. The Federally enforceable
regulations contained in the State Implementation Plans (SIPs) have been
compiled for all 56 States and territories (with the exception of the
Northern Mariana Islands). They consist of both the Federally approved
State and/or local air quality regulations as indicated in the Federal
Register and the Federally promulgated regulations for the State, as.
indicated in the Federal Register. Regulations which fall into one of
the above categories as of January 1, 1978, have been incorporated. As
mandated by Congress, this document will be updated annually. State
and/or local air quality regulations which have not been Federally
approved as of January 1, 1978, are not included here; omission of these
regulations from this document in no way affects the ability of the
respective Federal, State, or local agencies to enforce such regulations.
There have been recent changes in the Federal enforceability of
parking management regulations and indirect source regulations. The
October, 1977* appropriation bill for EPA prohibited Federal enforcement
of parking management regulations in the absence of specific Federal
authorizing legislation. Federally promulgated parking management
regulations have, therefore, been suspended indefinitely. Pursuant to
the 1977 Clean Air Act Amendments, indirect source regulations may not
be required for the approval of a given SIP. Consequently, any State
adopted indirect source regulations may be suspended or revoked; State
adopted indirect source regulations contained in an applicable SIP
are Federally enforceable. More importantly, EPA may only promulgate
indirect source review regulations which are specific to Federally
funded, operated, or owned facilities or projects. Therefore, the
Federally promulgated indirect source regulations appearing in this
document are not enforceable by EPA except as they relate to Federal
facilities. .
Since State air quality regulations vary widely in their organization,
content, and language, a standardized subject index is utilized in this
document. Index listings consist of both contaminant and activity oriented
categories to facilitate usage. For example, for regulations which apply
to copper smelters, one might look under sulfur compounds (50.2), particu-
late matter process weight (50.1.1), or copper smelters (51.15). Federal
regulations pertaining to a given State immediately follow the approved
State and Ipcal regulations.
Additionally, a summary sheet of the information included in each
comprehensive document is presented prior to the regulatory text to
allow one to quickly assess the contents of the document. Specifically,
the summary sheets contain the date of submittal to EPA of each revision
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to the SIP and the date of the Federal Register in which the revision
was either approved or disapproved by EPA. Finally, a brief description
or reference of the regulation which was submitted is also included.
This document is not intended to provide a tool for determining
the enforceability of any given regulation. As stated above, it is
intended to provide a comprehensive compilation of those regulations
which are incorporated directly or by reference into Title 40, Part 52,
of the Code.of Federal Regulati6ns. Consequently, the exclusion of a
Federally approved regulation from this document does not diminish the
enforceability of the regulation. Similarly, the inclusion of a given
regulation (for example, regulations governing pollutants, such as odors,
for which there is no national ambient air quality standards) in this
document does not, in itself, render the regulation enforceable.
IV
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SUMMARY SHEET
Submlttal Date
5/4/72
8/29/72
7/22/76
Section Number
52.730
52.731
57.732
52.733
52.734
52.736
52.738
Of.
EPA-APPROVED REGULATION CHANGES
.ILLINOIS
Approval Date
5/31/72
10/23/73
8/5/77
Description
Regs. I, II, III
Note: In original
Regs., Rule 103,
110, 111 as pertains
to Emergency Episodes
were disapproved.
Episode Regs.
Episode Regs, for
Ozone
FEDERAL REGULATIONS
Description
Compliance Schedule
Inspection and Maintenance of Vehicles
Traffic Flow Improvements
Restriction of On-Street Parking
Monitoring Transportation Mode Trends
Review of New or Modified Indirect Sources
Prevention of Significant Deterioration
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DOCUMENTATION OF CURRENT EPA-APPROVED
STATE AIR POLLUTION REGULATIONS
REVISED STANDARD SUBJECT INDEX
1.0 DEFINITIONS
2.0 GENERAL PROVISIONS AND ADMINISTRATIVE PROCEDURES
3.0 REGISTRATION CERTIFICATES. OPERATING PERMITS AND APPLICATIONS
4.0 AIR QUALITY STANDARDS (PRIMARY AND SECONDARY)
4.1 PARTICULATES
4.2 SULFUR DIOXIDE
4.3 NITRIC OXIDES
4.4 HYDROCARBONS
4.5 CARBON MONOXIDE
4.6 OXIDANTS
4.7 OTHERS
5.0 VARIANCES
6.0 COMPLIANCE SCHEDULES
7.0 EQUIPMENT MALFUNCTION AND MAINTENANCE
8.0 EMERGENCY EPISODES
9.0 AIR QUALITY SURVEILLANCE AND SOURCE TESTING
10.0 NEW SOURCE PERFORMANCE STANDARDS
11.0 NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS
12.0 MOTOR VEHICLE EMISSIONS AND CONTROLS
13.0 RECORD KEEPING AND REPORTING
14.0 PUBLIC AVAILABILITY OF DATA
15.0 LEGAL AUTHORITY AND ENFORCEMENT
16.0 HEARINGS, COMPLAINTS. AND INVESTIGATIONS
17.0 PREVENTION OF SIGNIFICANT DETERIORATION
18.0 AIR QUALITY MAINTENANCE AREA
19.0 - 49.0
RESERVED FOR FUTURE EXPANSION OF COMMON INDEX
50.0 POLLUTANT - SPECIFIC REGULATIONS
50.1 PARTICULATES
50.1.1 PROCESS WEIGHT
50.1.2 VISIBLE EMISSIONS
50.1.3 GENERAL
VI
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50.2 SULFUR COMPOUNDS
50.3 NITRIC OXIDES
50.4 HYDROCARBONS
50.5 CARBON MONOXIDE
50.6 ODOROUS POLLUTANTS
50.7 OTHERS (Pb, Hg, etc.)
51.0 SOURCE CATEGORY SPECIFIC REGULATIONS
51.1 AGRICULTURAL PROCESSES (Includes Grain Handling, Orchard Heaters,
R1ce and Soybean Facilities, Related Topics)
51.2 COAL OPERATIONS (Includes Cleaning, Preparation, Coal Refuse
Disposal Areas, Coke Ovens, Charcoal Kilns, Related Topics)
51.3 CONSTRUCTION (Includes Cement Plants, Materials Handling, Topics
Related to Construction Industry)
51.4 FERROUS FOUNDRIES (Includes Blast Furnaces, Related Topics)
51.5 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - Partlculates
(Includes Fuel Content and Other Related Topics)
51.6 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - S02 (Includes
Fuel Content and Other Related Topics)
51.7 FUEL BURNING EQUIPMENT (oil, natural gas, coal) - N02 (Includes
Fuel Content and Other Related Topics)
51.8 HOT MIX ASPHALT PLANTS
51.9 INCINERATION
51.10 NITRIC ACID PLANTS
51.11 NON-FERROUS SMELTERS (Zn, Cu, etc.) - Sulfur Dioxide
51.12 NUCLEAR ENERGY FACILITIES (Includes Related Topic)
51.13 OPEN BURNING (Includes Forest Management, Forest F1re, F1re
Fighting Practice, Agricultural Burning and Related Topics)
51.14 PAPER PULP; WOOD PULP AND KRAFT MILLS (Includes Related Topics)
51.15 PETROLEUM REFINERIES
51.16 PETROLEUM STORAGE (Includes Loading, Unloading, Handling and
Related Topics)
51.17 SECONDARY METAL OPERATIONS (Includes Aluminum. Steel and Related
Topics)
51.18 SULFURIC ACID PLANTS
51.19 SULFURIC RECOVERY OPERATIONS
51.20 WOOD WASTE BURNERS
51.21 MISCELLANEOUS TOPICS
VII
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TABLE OF CONTENTS
STATE REGULATIONS
Revised Standard
Subject Index
(2.0)
(1.0)
(2.0)
(3.0)
(6.0)
(7.0)
(9.0)
(13.0)
(2.0)
(2.0)
(2.0)
(2.0)
(13.0)
(2.0)
(2.0)
(50.0)
(i.o)
(50.1.2)
Section
Number
Part I
Rule 101
Rule 102
Rule 103
Rule 104
Rule 105
Rule 106
Rule 107
Rule 108
Rule 109
Rule 110
Rule 111
Rule 112
Rule 113
Rule 114
Part II
Rule 201
Rule 202
Title
General Provisions
Definitions
Prohibition of Air Pollution
Permits
Compliance Programs and Project
Completion Schedules
Malfunctions, Breakdowns or
Startups
Monitoring and Testing
Records and Reports
Proof of Emissions
Circumvention
Design of Effluent Exhaust System
Burden of Persuasion Regarding
Exceptions
Annual Report
Severability
Repealer
Emission Standards and Limitations
for Stationary Sources
Definitions
Visual Emission Standards and
Page
1
1 .
3
4
15
17
20
22
23
23
23
24
24
24
24
25
25
31
Limitations
(50.1) Rule 203 Particulate Emission Standards 35
and Limitations
VIII
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Revised Standard
.Subject Index
] (50.2)
; (50.4)
(50.5)
(50.3)
Section
Number
Rule 204
Rule 205
Rule 206
Rule 207
Titles
Page
Sulfur Standards and Limitations 55/^
Organic Make rial Emission Standards 62
and Limitations ;
Carbon Monoxide Emission Standards 68
and Limitations
Nitrogen Oxides Emission Standards 70
and Limitations
(6.0)
(4.0)
(2.0)
(8.0)
(1.0)
(2.0)
(15.0)
(8.0)
(8.0)
(8.0)
(8.0)
(2.0)
(2.0)
(1.0) (2.0)
(2.0)
(1.0)
Rule 208
Part III
Rule 303
Part IV
Rule 401
Rule 402
Rule 403
Rule 404
Rule 405
Rule 406
Rule 407
Cook County Air
Article I
Article II
Article III
3.1
3.2
Compliance Dates
Air Quality Standards
Nondegradation
Episodes
Definitions
General Provisions
Local Agency Responsibilities
Air Pollution Episode Action Plans
Criteria for Declaring Episode
Stages
Declaration of Stages
Actions During Episode Stages
Pollution Control Ordinance
Title
Intent and Purpose
Rules and Definitions
Rules
Definitions
74
75
75
76
76
77
80
81
85
87
88
98
99
100
100
100
IX
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Revised Standard
Subject. Index
(2.0)
(2.0)
(2.0)
(2.0)
(7.0)
(2.0) (15.0)
(2.0)
(3.0)
(15.0)
(5.0)
(16.0)
(2.0)
(50.7)
(2.0)
(2.0)
(2.0)
(50.1) (50.1.2)
(2.0)
(50.1.2)
(50.1)
(51.13)
(50.1.3)
Section
Number
Article IV
4.1
4.2
4.3
4.4
Article V
5.1
'. 5.2
5.3
5.4
5.5
5.6
5.7
5.8
5.9
5.10
Article VI
6.1
6.2
6.3
6.4
6.5
Title Page
General Provisions 106
Interpretation 106
Separability 106
Scope of Regulation 107
Report of Equipment Breakdown 107
Administration and Enforcement 109
The Air Pollution Control Bureau 109
Permits and Plans 111
Enforcement 113
Variances 118
Appeals 119
Period of Grace 120
Abatement of Nuisances 121 .
Amendments 121
Fees 122
Advisory Committee 122
Smoke and Particulate Matter 124
General 124
Smoke Density Opacity Standards 124
Particulate Matter Standards 125
Open Burning 130
130
(51.9)
6.6
Materials Subject to Becoming
Windborne
Incineration
131
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Revised Standard
Section
Subject Index
(50.1.3)
(50.0)
(50.6)
(2.0)
(50.6)
(12.0)
(1.0)
(2.0)
(16.0)
(15.0)
(2.0)
(5.0)
(2.0)
(3.0)
(8.0)
(8.0)
(1.5.0)
f-i-i n\
\ I O.U }
(2.0)
(2.0)
(2.0)
(2.0)
Number
6.7
Article VII
Article VIII
8.1
8.2
8.3
City
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Section 11
c:o/-tinn 1 ?
OCC.IIUII l£
Section 13
Section 14
Section 15
Section 16
Title
Condensible Emissions
Toxic Matter
Noxious and Odorous Matter
General
Odor- Performance Standards
Internal Combustion Engines
of Granite City
Definitions
Air Pollution Prohibited
Air Pollution Control Board
Administration and Enforcement
Formal Programs of Air Pollution
Abatement
Variances
Rules and Regulations
Permits and Fees
Emergency Orders
National Emergency
Penalties
t •<
Judicial Review
Severability
Repealer
Effective Date
Page
131
'132
133
133
133
134
135
138
138
1 39
144
144
145
145
145
145
145
1 A O
148
148
148
148
148
XI
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FEDERALLY PROMULGATED REGULATIONS
Revised Standard Section
Subject Index Number
(6.0) 52.730
(12.0) 52.731
(12.0) 52.732
(12.0) 52.733
(12.0) 52.734
(10.0) 52.736
(17.0) 52.738
Title
Compliance Schedules
150
Inspection and Maintenance of 156
Vehicles
Traffic Flow Improvements 160
Restriction of On-Street Parking 161
Monitoring Transportation Mode 162
Trends
Review of New or Modified
Indirect Sources
Prevention of Significant
Deterioration
164
174
XII
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ILLINOIS POLLUTION CONTROL BOARD
RULES AND REGULATIONS
Chapter 2: AIR POLLUTION
(2.0) PARTI: GENERAL PROVISIONS
Except as hereinafter stated and unless a different meaning of a term is
clear from its context, the definitions of terms used in this Chapter
shall be the same as those used in the Environmental Proctection Act.
All terms defined in Part 2 of this Chapter which appear in Part I of
this Chapter have the definitions specified by Rule 201 of Part 2 of
this Chapter.
(1.0) Rule 101: DEFINITIONS
a. Ambient Air
That portion of the atmosphere external to buijdings comprising
emission sources.
b. Ambient Air Quality Standard
Those standards promulgated from time to time by the Board
pursuant to authority contained in the Act, or by the United
States Environmental Protection Agency pursuant to authority
contained in Public Law 91-604, as amended from time to time.
c. Air Contaminant
Any solid, liquid, or gaseous matter, any odor, or any form of
energy, that is capable of being released into the atmosphere
from an emission source.
d. Air Pollution Control Equipment
Any equipment or facility of a type intended to eliminate, pre-
vent, reduce or control the emission of specified air contami-
nants to the atmosphere. . .
e. Air Pollution
The presence in the atmosphere of one or more air contaminants
in sufficient quantities and of such characteristics and dura-
tion as to be injurious to human, plant, or animal life, to
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health, or to property, or to unreasonably interfere with the
enjoyment of life or property.
f. Commence
The act of entering into a binding agreement or contractual
obligation to undertake and complete, within a reasonable
time, a continuous program of construction or modification.
g. Construction
Commencement of on-site fabrication, erection or installa-
tion of an emission source or of air pollution control equip-
ment.
h. Emission Source
Any equipment or facility of a type capable of emitting speci-
fied air contaminants to the atmosphere.
i. Existing Air Pollution Control Equipment
Any air pollution control equipment, the construction or
modification of which has commenced prior to the effective
date of this Chapter.
j. Existing Emission Source
Any emission source, the construction or modification of
which has commenced prior to the effective date of this
Chapter.
k. New Air Pollution Control Equipment
Any air pollution control equipment, the construction or
modification of which is commenced on or after the effective
date of this Chapter.
1. New Emission Source
Any emission source, the construction or modification of
which is commenced on or after the effective date of this
Chapter.
m. Modification
Any physical change in, or change in the method of operation
of, an emission source or of air pollution control equip-
ment which increases the amount of any specified air
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contaminant emitted by such source or equipment or which
results in the emission of any specified air contaminant
not previously emitted. It shall be presumed that an in-
crease in the use of raw materials, the time of operation,
or the rate of production will change the amount of any
specified air contaminant emitted. Notwithstanding any
other provisions of this definition, for purposes of per-
mits issued pursuant to Rule 103, the Agency may specify
conditions under which an emission source or air pollu-
tion control equipment may be operated without causing a
modification as herein defined, and normal cyclical varia-
tions, before the date operating permits are required,
shall not be considered modifications.
n. Owner or Operator
Any person who owns, leases, controls or supervises an
emission source or air pollution control equipment.
o. Person
Any individual, corporation, partnership, firm, association,
trust, estate, public or private institution, group, agency,
political subdivision of this State, any other State or
political subdivision or agency thereof or any legal suc-
cessor, representative, agent, or agency of the foregoing.
p. Specified Air Contaminant
Any air contaminant as to which this Chapter contains
emission standards or other specific limitations.
q. Standard Industrial Classification Manual
The United States Office of Statistical Standards, Standard
Industrial Classification Manual (1967), as revised from
time to time.
(2.0) Rule 102:. PROHIBITION OF AIR POLLUTION
No person shall cause or threaten or allow the discharge or emission
of any contaminant into the environment in any State so as, either
alone or in combination with contaminants from other sources, to cause
or tend to cause air pollution in Illinois, or so as to violate the
provisions of this Chapter, or so as to prevent the attainment or
maintenance of any applicable ambient air quality standard.
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(3.0) Rule 103: PERMITS
a. Construction Permits
1. Prohibition
No person shall cause or allow the construction of any
new emission source or any new air pollution control
equipment, or cause or allow the modification of any
existing emission source of air pollution control equip-
ment, without first obtaining a Construction Permit from
the Agency, except as provided in paragraph (i) of this
Rule 103.
2. Application
An application for a Construction Permit shall contain,
as a minimum, the following data and information: the
nature of the emission source and air pollution control
equipment, including the expected life and deteriora-
tion rate; information concerning processes to which the
emission 'source or air pollution control equipment is
related; the quantities and types of raw materials to
be used in the emission source or air pollution control
equipment; the nature, specific sources, and quantities
of uncontrolled and controlled air contaminant emissions
at the facility which includes the emission source or
air pollution control equipment; the type, size,
efficiency and specifications (including engineering
drawings, plans and specifications certified to by a
registered Illinois professional engineer) of the pro-
posed emission source or air pollution control equip-
ment; maps, statistics, and other data sufficient reason-
ably to describe the location of the emission source
or air pollution control equipment. The Agency may
waive the submission by the applicant of such engineer-
ing drawings, plans, specifications, or such other por-
tions of the above data or information as it shall
deem inappropriate or unnecessary to the Construction
Permit application, provided that any such waiver by
the Agency shall be given in writing to the applicant.
The Agency may adopt procedures which require data and
information in addition to and in amplification of the
matters specified in the first sentence of this paragraph
(a) (2), which are reasonably designed to determine
compliance with the Act, this Chapter, and ambient air
quality standards, and which set forth the format by
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which all data and Information shall be submitted. Such
procedures and formats, and revisions thereto, shall not
become effective until filed with the Index Division of
the Office of the Secretary of State as required by
"An Act concerning administrative rules," approved June
14, 1951, as amended.
3. An application shall not be deemed to be filed until the
applicant has submitted all information and completed
all application forms required by paragraph (a) (2) of
this Rule 103 and procedures adopted and effective
pursuant thereto. Provided, however, that if the Agency
fails to notify the applicant within 30 days after the
filing of a purported application that the application
is incomplete and of the reasons the Agency deems it in-
complete, the application shall be deemed to have been
filed as of the date of such purported filing. The appli-
cant may treat the Agency's notification that an applica-
tion is incomplete as a denial of the application for
purposes of review.
4. All applications and supplements thereto shall be signed
by the owner and operator of the emission source or air
pollution control equipment, or their authorized agent,
and shall be accompanied by evidence of authority to sign
the application.
5. Standards for Issuance
No Construction Permit shall be granted unless the appli-
cant submits proof to the Agency that:
a. The emission source or air pollution control equip-
ment will be constructed or modified to operate so
as not to cause a violation of the Act or of this
Chapter; and
b. If subject to a future compliance date, the appli-
cant has an approved Compliance Program and Project
Completion Schedule in accordance with the provi-
sions of Rule 104.
6. Conditions
The Agency may impose such conditions in a Construction
Permit as may be necessary to accomplish the purposes
of the Act, and as are not inconsistent with the regula-
tions promulgated by the Board thereunder. Except as
herein specified, nothing in this Chapter shall be deemed
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to limit the power of the Agency in this regard. Such
conditions may include conditions specifying any test-
ing operations that may be conducted under the Con-
struction Permit.
b. Operating Permits
1. New Emission Sources and New Air Pbllution Control
Equipment
a. Prohibition
No person shall cause or allow the operation of any
new emission source or new air pollution control
equipment of a type for which a Construction Permit
is required by paragraph (a) of this Rule 103 with-
out first obtaining an Operating Permit from the
Agency, except for such testing operations as may
be authorized by the Construction Permit. Appli-
cations for' Operating Permits shall be made at such
times and contain such information (in addition to
the information required by paragraph (b) (3) of
this Rule 103) as shall be specified in the Construc-
tion Permit.
2. Existing Emission Sources
a. Prohibition
No person shall cause or allow the operation of any
existing emission source or any existing air pollu-
tion control equipment without first obtaining
an Operating Permit from the Agency no later than the
dates shown in the following schedule:
(A^ Source Classification
DATE OPERATING
SOURCE CLASSIFICATION PERMIT REQUIRED
Primary Metal Industry Operations
as defined by Code 33 of the
"Standard Industrial Classification
Manual" By November 1, 1972
Rubber and Plastics Products Indus-
try Operations as defined by code 30
of the "Standard Industrial Classi-
fication Manual" By November 1, 1972
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DATE OPERATING
SOURCE CLASSIFICATION PERMIT REQUIRED
Chemicals and Allied Products Indus-
try Operations as defined by code 28
of the "Standard Industrial Classi-
fication Manual" By December 1, 1972
Food and Kindred Products Indus-
try Operations as defined by code 20
and Printing and Publishing Industry
Operations as defined by code 27 of
the "Standard Industrial Classifi-
cation Manual" By January 1, 1973
Petroleum and Coal Products Indus-
try Operations as defined by code 29
of the "Standard Industrial Classi-
fication Manual" and bituminous
cement (asphalt) plants By January 1, 1973
Stone, Clay, and Glass Products
and Paper and Allied Products Indus-
try Operations as defined by code 32
and 26 of the "Standard Industrial
Classification Manual" and all paint-
ing operations using in excess of 5,000
gallons of paint (Including thinner)
per year By February 1, 1973
Incinerators ..... By March 1, 1973
Electric, Gas, and Sanitary
Services as defined by code 49
of the "Standard Industrial Classi-
fication Manual" and coal fired boilers By April 1, 1973
Gas and Oil fired boilers and all
other emission sources or air pollution
control equipment not listed
previously in this paragraph except
equipment excluded under paragraph
(i) of this Rule By May 1, 1973
(B) All applications for Operating Permits shall.
be submitted to the Agency at least 90 days
prior to the date on which an Operating Per-
mit is required. Provided, however, the
Agency may waive this 90 day requirement when
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appropriate. If necessary, to prevent an un-
manageable workload as may be deemed appro-
priate, the Agency may extend the dates by
which Operating Prmits are required under
Section 103 (b) (2) (A) for a period not to
exceed four months. The Agency shall notify
the persons affected and the Board in writing
of the extension at least four months before
the dates set forth in Section 103 (b) (2)
(A).
(C) Nothing in this Rule shall preclude any per-
son from applying for an Operating Permit
earlier than the dates specified in Part (b)
(2) (A) of this Rule 103.
3. Application
An application for an Operating Permit shall contain,
as a minimum, the data and information specified
in paragraph (a) (2) of this Rule 103. Each appli-
cation shall list all individual emission sources
for which a permit is sought. Any applicant may
seek to obtain from the Agency a permit for each
emission source, or such emission sources as are
similar in design or principle of operation or
function, or for all emission sources encompassed
in an identifiable operating unit. To the extent
that the above specified date and information has
previously been submitted to the Agency pursuant
to this Rule 103, the data and information need
not be resubmitted; provided, however, that the
applicant must certify that the data and infor-
mation previously submitted remains true, correct
and current. An application for an Operating
Permit shall contain a description of the startup
procedure for each emission source, the duration
and frequency of startups, the types and quantities
of emissions during startup, and the applicant's
efforts to minimize any such startup emissions,
duration of individual startups, and frequency of
startups, the types and quantities of emissions
during startup, and the applicant's efforts to
minimize any such startup emissions, duration of
individual startups, and frequency of startups.
The Agency may adopt procedures which require data
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and information in addition to and in amplifica-
tion of the matters specified in the first sentence
of this paragraph (b) (3), which are reasonably
designed to determine compliance with the Act,
this Chapter, and ambient air quality standards,
and which set forth the format by which all data
and information shall be submitted. Such proce-
dures and formats, and revisions thereto, shall
not become effective until filed with the Index
Division of the Office of the Secretary of State
as required by "An Act concerning administrative
rules," approved June 14, 1951, as amended.
4. An application shall not be deemed to be filed
until the applicant has submitted all information
and completed application forms required by para-
graph (b) (3) of this Rule 103 and procedures
adopted and effective pursuant thereto. Provided,
however, that if the Agency fails to notify the
applicant within 30 days after the filing of a
purported application that the application is in-
complete and of the reasons the Agency deems it
incomplete, the application shall be deemed to
have been filed as of the date of such purported
filing. The applicant may treat the Agency's noti-
fication that an application is incomplete as a
denial of the application for purposes of review.
5. All applications and supplements thereto shall be
signed by the owner and operator of the emission
source or air pollution control equipment, or their
authorized agent, and shall be accompanied by
evidence of authority to sign the application.
6. Standards for Issuance
No Operating Permit shall be granted unless the
applicant submits proof to the Agency that:
(A) The emission source or air pollution control
equipment has been constructed or modified to
operate so as not to cause a violation of the
Act or of this Chapter, or has been granted
a variance therefrom by the Board and is in
full compliance with such variance; and
(B) The emission source or air pollution control
equipment has been constructed or modified in
accordance with all conditions in the Construc-
tion Permit, where applicable; and
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(C) The emission source or air pollution control
equipment has been shown by tests in accor-
dance with the provisions of Rule 106 to oper-
ate in accordance with the emission limitations
set forth in this Chapter, provided that the
Agency may waive the requirement for actual
tests where sufficient standard testing infor-
mation is available; and
(D) The applicant has taken all technically feasible
measures, including changes in work rules, to
minimize the duration and frequency of start-
ups and to reduce the quantity of emissions
during startup; and
(E) If subject to a future compliance date, the
applicant has an approved Compliance Program
and Project Completion Schedule in accordance
with the provisions of Rule 104; and
(F) If required, the applicant has an approved
episode action plan in effect in accordance
with the provisions of Part IV of this Chapter;
and
(G) If subject to a future compliance date, the
applicant was, on the effective date of this
Chapter, and is at the time of application for
an Operating Permit'pursuant to Rule 103 (b)
(2), in compliance with any applicable emission
standards of the Rules and Regulations Govern-
ing the Control of Air Pollution of the for-
mer State of Illinois Air Pollution Control
Board; or was, on the effective date of this
Chapter, in full compliance with any variance
from those regulations granted by the Pollution
Control Board; or has been, since the effective
date of this Chapter, granted a variance from
those regulations, and is in full compliance
with such variance.
7. Conditions
The Agency may impose such conditions in an Oper-
ating Permit as may be necessary to accomplish
the purposes of the Act, and as are not inconsistent
with the regulations promulgated by the Board there-
under. Except as herein specified, nothing in this
Chapter shall be deemed to limit the power of the
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Agency in this regard. When deemed appropriate as a
condition to the issuance of an Operating Permit, the
Agency may require that the permittee adequately main-
tain the air pollution control equipment covered by
the permit. To assure that such a maintenance pro-
gram is planned, the Agency may require that the per-
mittee have a maintenance program and keep such
maintenance records as are necessary to demonstrate
compliance with the Rule; provided, however, the
Agency shall not have the authority to approve the
maintenance programs required thereunder.
8. Duration of Permit
No operating Permit shall be valid for longer than
five years or such shorter period as the Agency may
specify in the Operating Permit as necessary to
accomplish the purposes of the Act and this Chapter.
Applications for renewal of an Operating Permit.shall
be submitted to the Agency at least 90 days prior to
the expiration of the prior Permit, and shall conform
to paragraphs (b) (3), (b) (4), and (b) (5) of this
Rule 103. The standards for issuance of Renewal Per-
mits shall be as set forth in paragraph (b) (6) of this
Rule.
c. Joint Construction and Operating Permits
In cases where the Agency determines that an emission source
or air pollution control equipment is sufficiently standard
so as to obviate the need for separate Construction and
Operating Permits, the Agency may issue a Joint Construction
and Operating Permit. The Agency may adopt procedures which:
set forth the circumstances under which Joint Construction
and Operating Permits may be issued; require data and in-
formation designed to determine compliance with the Act,
this Chapter, and ambient air quality standards; and which
set forth the format by which all data and information shall
be submitted. Such procedures and formats, and revisions
thereto, shall not become effective until filed with the'
Index Division of the Office of the Secretary of State as
required by "An Act concerning administrative rules,"
approved June 14, 1951, as amended. The standards for issuance
of Joint Construction and Operating Permits shall be as set
forth in paragraphs (a) (5) and (b) (6) of this Rule 103.
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\
The Agency may impose such conditions in a Joint Construction
and Operating Permit as may be necessary to accomplish the
purposes of the Act, and as are not inconsistent with regula-
tions promulgated thereunder. Except as herein provided,
nothing in this Chapter shall be deemed to limit the power
of the Agency in this regard. No Joint Construction and
Operating Permit shall be valid for longer than five years
or such shorter period as the Agency may specify the Joint
Construction and Operating Permit as necessary to accom-
plish the purposes of the Act and this Chapter. Applica-
tions for renewal of a Permit shall be submitted to the Agency
at least 90 days prior to the expiration of the prior Permit,
and shall conform to such procedures as may have been adopted
by the Agency; and the standards for issuance of Renewal
Permits shall be as set forth in paragraphs (a) (5) and (b)
(6) of this Rule 103. The term "Operating Permit" as used
elsewhere in this Chapter shall be deemed to include a Joint
Construction and Operating Permit.
d. Design Criteria
1. The Agency may adopt procedures which set forth criteria
for the design, operation or maintenance of emission
sources and air pollution control equipment. These pro-
cedures shall be revised from time to time to reflect
current engineering judgment and advances-in the state
of the art. Such procedures and formats, and revisions
thereto, shall not become effective until filed with
the Index Division of the Office of the Secretary of
State as required by "An Act concerning administrative
rules," approved June 14, 1951, as amended.
2. Before adopting new criteria or making substantive
changes to any criteria adopted by the Agency, the
Agency shall:
(A) Publish a summary of the proposed changes in the
Board Newsletter or a comparable publication, at
the Agency's expense; and
(B) Provide a copy of the full text of the proposed
changes to any person who in writing so requests;
and
(C) Defer adoption of the changes for 45 days from the
date of publication to allow submission and consid-
eration of written comments on the proposed changes.
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e. Hearings
1. The Agency may conduct hearings, prior to issuing a
Permit pursuant to this Chapter, to determine whether
an applicant has submitted proof that the emission source
or air pollution control equipment is or will be in com-
pliance with every Rule of this Chapter.
2. The Agency shall adopt procedural regulations for the
conduct of such hearings, which regulations shall be
effective upon filing with the Index Division of the
Office of the Secretary of State pursuant to "An Act
concerning administrative rules," approved June 14, 1951,
as amended. Revisions to such procedural regulations
adopted by the Agency pursuant to this paragraph shall
take effect in like manner.
f. Revocation
Violation of any of the conditions of a Permit, or the fail-
ure to comply with any rule or regulation of this Chapter,
shall be grounds for revocation of the Permit, as well as
for other sanctions provided in the Act. Such sanctions
shall be sought by filing a complaint with the Board.
g. Revisions to Permits
The Agency may revise any Permit issued pursuant to this
Rule 103, or any condition contained in such Permit, as
follows:
1. Upon reapplication by the Permittee; or
2. Upon the revision of the Act or this Chapter.
h. Existence of Permit No Defense
The existence of a Permit under this Rule 103 shall not
constitute a defense to a violation of the Act or any rule
or regulation of this Chapter, except for construction or
operation without a permit.
i. Exemptions
No Permit is required for the following classes of equipment:
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1. Air contaminant detectors or recorders, combustion
controllers, or combustion shutoffs;
2. Air conditioning or ventilating equipment not designed
to remove air contaminants generated by or released
from associated equipment;
3. Fuel burning emission sources for indirect heating
systems and for heating and reheating furnace systems
used exclusively for residential or commercial estab-
lishments using gas and/or fuel oil exclusively with
a total capacity or less than 50 million BTU per hour
input;
4. Fuel burning emission sources other than those listed
in (3) above for indirect heating systems with a total
capacity of less than one million BTU per hour input;
5. Mobile internal combustion and jet engines, marine in-
stallation, and locomotives;
6. Laboratory equipment used exclusively for chemical or
physical analysis;
7. Painting operations using not in excess of 5,000 gallons
of paint (including thinner) per year;
8. Any emission source acquired exclusively for domestic
use, except that a Permit shall be required for any in-
cinerator and for any fuel burning emission source
using solid fuel with a total capacity of 50 million BTU
per hour input or more;
9. Stationary internal combustion engines of less than 1500
horsepower;
10. Stacks or vents used to prevent the escape of sewer gases
through plumbing traps;
11. Safety devices designed to protect life and limb, pro-
vided that safety devices associated with an emission
source shall be included within the Permit for such
emission source;
12. Storage tanks for liquids used for retail dispensing;
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13. All printing operations using less than 750 gallons or
organic solvents per year;
14. Storage tanks of organic liquids with a capacity of less
than 5,000 gallons;
15. Flanged and threaded pipe connections, vessel manways
and process valves capable of discharging specified air
contaminants to the atmosphere; and
16. Sampling connections used exclusively to withdraw mate-
rials for laboratory testing and analyses.
j. Former Permits
Any Permit issued by the Agency, or any predecessor, is sub-
ject to the requirements of this Rule 103, and shall be re-
vised or revoked as necessary to conform to this Rule.
k. Appeals From Conditions in Permits
An applicant may consider any condition imposed by the Agency
in a Permit as a refusal by the Agency to grant a Permit,
which shall entitle the applicant to appeal the Agency's
decision to the Board pursuant to Section 40 of the Act.
1. Bonds
The Agency may require, as a condition to the issuance of
a Permit, the posting of a bond to insure compliance by the
permittee with any condition or undertaking related to such
Permit. The Board shall have jurisdiction of proceedings
to adjudicate facts related to forfeiture of any such bond.
(6.0) Rule 104: COMPLIANCE PROGRAMS AND PROJECT COMPLETION SCHEDULES
a. Prohibition
No person shall cause or allow the operation of an emission
source which is not in compliance with the standards or
limitations set forth in Part 2 of this Chapter (after the
date by which such emission source is required to have an
Operating Permit pursuant to Rule 103) without a Compliance
.Program and a Project Completion Schedule approved by the
Agency.
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b. Contents of Compliance Programs and Project Completion
Schedules
1. A Compliance Program shall contain, as a minimum, the
following data and information: the nature and/or type
of the proposed air pollution control equipment or pro-
posed air pollution control technique which has been
chosen to achieve compliance; the cost, availability and
technical reasonableness of the proposed air pollution
control equipment or proposed air pollution control
technique, including detailed cost analyses and copies
of engineering reports or studies sufficient to prove
to the Agency that the Compliance Program will result
in compliance with applicable standards and limita-
tions of Part 2 of this Chapter.
2. A Project Completion Schedule shall contain, as a minimum,
the following data and information: a final compliance
date, which date shall be no later than the applicable
date prescribed in Part 2 of this Chapter; and interim
dates by which various increments of the proposed com-
pliance program shall be completed, such as dates when
contracts will be awarded, dates for equipment delivery,
and dates for construction of preliminary structural
work.
3. The Agency may adopt procedures which require data and
information in addition to and in amplification of the
matters specified in paragraph (b) (2) of this Rule 104,
and which set forth the format by which all data and
information shall be submitted. Such procedures and
formats, and revisions thereto, shall not become effec-
tive until filed with the Index Division of the Office
of the Secretary of State as required by "An Act con-
cerning administrative rules," approved June 15, 1951,
as amended.
c. Standards for Approval
No compliance Program and Project Completion Schedule shall
be approved unless the applicant submits proof to the
Agency that:
1. The Compliance Program will result in timely compli-
ance with applicable standards and limitations of
Part 2 of this Chapter; and
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2. The owner or operator has provided adequate proof that
it is committed to the Compliance Program and Project
Completion Schedule, including, in the case of a corp-
oration, certification by a duly authorized officer of
such corporation that such corporation approves each
and every provision of such program and of such schedule.
d. Revisions
The owner or operator of an emission source or air pollution
control equipment subject to an approved Compliance Program
and Project Completion Schedule may request a revision of
such Program or Schedule at any time. In addition, the Agency
may require a revision upon any change in the Act or this
Chapter. The Agency shall not approve any revision which
contains a final compliance date later than the applicable
date prescribed in Part 2 of this Chapter.
e. Effects of Approval
The approval of a Compliance Program and Project Completion
Schedule shall be a condition precedent to the issuance and
effectiveness of a Permit pursuant to Rule 103. An approved
Compliance Program and Project Completion Schedule, and
full compliance therewith, and a current Operating Permit,
shall be a prima facie defense to any enforcement action
alleging a violation of the standards or limitations set
forth in Part 2 of this Chapter with respect to any air con-
taminant included in such Program and Schedule during the
period of the program. Failure to adhere to an approved
compliance schedule shall constitute a violation of this Part
for which appropriate sanctions may be sought in accordance
with the Act.
f. Records and Reports
Any person subject to this Rule shall maintain such records
and make such reports as may be required in procedures adop-
ted by the Agency pursuant to Rule 107.
(7.0) Rule 105: MALFUNCTIONS. BREAKDOWNS OR STARTUPS
a. Prohibition
No person shall cause or allow the continued operation of
an emission source during a malfunction or breakdown of the
emission source or related air pollution control equipment
if such operation would cause a violation of the standards
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j or. limitations set forth in Part 2 of this Chapter, unless
I the current Operating Permit granted by the Agency provides
for operation during a malfunction or breakdown. No person
shall cause or allow violation of the standards or limita-
! tions set forth in Part 2 of this Chapter during startup
! unless the current Operating Permit granted by the Agency
provides for violation of such standards or limitations
j during startup.
i
b. Contents of Request For Permission to Operate During a
j Malfunction, Breakdown or Startup
i
| 1. A request for permission to continue to operate during
; a malfunction or breakdown, if desired, shall be in-
i eluded as an integral part of the application for an
Operating Permit pursuant to Rule 103, and shall include
as a minimum: a full and detailed explanation of why
such continued operation is necessary; the anticipated
; nature, sources and quantities of emissions which will
occur during such continued operation; the anticipated
length of time during which such operation will continue;
, all measures, such as use of off-shift labor or equip-
, ment which will be taken to minimize the quantity of
' air contaminant emissions and length of time during
i which such operation will continue. When the stand-
! ards or limitations of Part 2 of this Chapter will be
! violated during startup, a request for permission to
: violate such standards or limitations shall be an in-
1 tegral part of the application for an Operating Permit
i pursuant to Rule 103, and shall include, as a minimum:
a description of the startup procedure for each emission
source, the duration and frequencies of such startups,
j the types and quantities of emissions during such start-
ups, and the applicant's efforts to minimize any such
I startup emissions, duration of individual startups, and
' frequency of startups.
2. The Agency may adopt procedures which require data and
1 information in addition to or in amplification of the
! matters set forth in paragraph (b) (1) of this Rule 105,
j and which set forth the format in which all data and
information shall be submitted. Such procedures and
formats, and revisions thereto, shall not become effective
| until filed with the Index Division of the Office of the
j Secretary of State as required by "An Act concerning
j administrative rules," approved June 14, 1951, as
i amended.
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c. Standards for Granting Permission to Operate During a
Malfunction, Breakdown or Startup
Permission shall not be granted to allow continued operation
during a malfunction or breakdown unless the applicant sub-
mits proof to the Agency that: such continued operation is
necessary to prevent injury to persons or severe damage to
equipment; or that such continued operation is required to
provide essential services; provided, however, that con-
tinued operation solely for the economic benefit of the
owner or operator shall not be a sufficient reason for grant-
ing of permission. Permission shall not be granted to allow
violation of the standards or limitations of Part 2 of this
Chapter during startup unless the applicant has affirma-
tively demonstrated that all reasonable efforts have been made
to minimize startup emissions, duration of individual startups,
and frequency of startups.
d. Records and Reports
Any person who causes or allows the continued operation of
an emission source during a _.ma If unction or breakdown of the
emission source or related air pollution control equipment
when such continued operation would cause^a violation of the
standards or limitations set forth in Part 2 of this Chapter
shall immediately report such incident to the Agency by
telephone, telegraph, or such other method as constitutes the
fastest available alternative, except if otherwise provided
in the Operating Permit. Thereafter, any such person shall
comply with all reasonable directives of the Agency with
respect to the incident. In addition, any person subject to
this Rule shall maintain such records and make such reports
as may be required in procedures adopted by the Agency pur-
suant to Rule 107.
e. Continued Operation or Startup Prior to Granting of Operating
Permit
Any person desiring to continue to operate or to startup in
accordance with paragraph (a) of this Rule prior to the date
when an Operating Permit is required pursuant to Rule 103
shall make immediate application for Permission to Operate
during a Malfunction, Breakdown or Startup in accordance with
paragraph (b) of this Rule 105.
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f. Effect of Granting of Permission to Operate During a
Malfunction, Breakdown or Startup
The granting of permission to operate during a malfunction
or breakdown, or to violate the standards or limitations of
Part 2 of this Chapter during startup, and full compliance
with any terms and conditions connected therewith, shall be
a prima facie defense to an enforcement action alleging a
violation of paragraph (a) of this Rule 105, of the emission
and air quality standards of this Chapter, and of the pro-
hibition of air pollution during the time of such malfunc-
tion, breakdown, or startup.
(9.0) Rule 106: MONITORING AND TESTING
a. Monitoring Equipment
1. Every emission source or air pollution control equipment
shall be equipped with such monitoring instruments as
may be required in procedures adopted by the Agency or
as a condition to a permit issued by the Agency. Such
procedures and formats, and revisions thereto, shall not
become effective until filed with the Index Division of
the Office of the Secretary of State as required by "An
Act concerning administrative rules," approved June 14,
1951, as amended. The Agency may require that such
monitoring instruments shall be installed, maintained and
operated at the expense of the owner or operator of the
emission source or air pollution control equipment.
2. Before adopting or making substantive changes to any such
procedures adopted by the Agency, the Agency shall:
(A) Publish a summary of the proposed changes in the
Board Newsletter or a comparable publication, at
the Agency's expense; and
(B) Provide a copy of the full text of the proposed
changes to any person who in writing so requests;
and
(C) Defer adoption of the changes for 45 days from
the date of publication to allow submission and
consideration of written comments on the proposed
changes.
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b. Testing
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
specified air contaminant emissions and for the purpose of
determining ground level and ambient air concentrations of
such air contaminants:
1. Testing by Owner or Operator
The Agency may require the owner or operator of the
emission source or air pollution control equipment to
conduct such tests in accordance with procedures adopted
by the Agency, at such reasonable times as may be
specified by the Agency and at the expense of the owner
or operator of the emission source or air pollution con-
trol equipment. The Agency may adopt procedures detail-
ing methods of testing and formats for reporting results
of testing. Such procedures, and revisions thereto,
shall not become effective until filed with the Index
Division of the/Office of the Secretary of State, as
required by "An Act concerning administrative rules,"
approved June 14, 1951, as amended. 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 pol-
lution testing. The Agency shall have the right to
observe all aspects of such tests.
2. Testing by the Agency
The Agency shall have the right to conduct such tests at
any time at its own expense. Upon request of the Agency,
the owner or operator of the emission source or air
pollution control equipment shall provide, without charge
to the Agency, necessary holes in stacks or ducts and
other safe and proper testing facilities, including
scaffolding, but excluding instruments and sensing de-
vices, as may be necessary.
3. Records and Reports
Any person subject to this Rule shall maintain such
records and make such reports as may be required in
Procedures adopted by the Agency pursuant to Rule 107.
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(13.0) Rule 107: RECORDS AND REPORTS
a. Records
1. The owner or operator of any emission source or air
pollution control equipment shall maintain, as a minimum:
records detailing all activities pursuant to any Com-
pliance Program and Project Completion Schedule pursuant
to Rule 104; records detailing all Malfunctions, Break-
downs or Startups pursuant to Rule 105; and records of
all Monitoring and Testing conducted pursuant to Rule 106,
plus records of all Monitoring and Testing of any type
whatsoever conducted with respect to specified air con-
taminants. All such records shall be made available to
the Agency at any reasonable time.
2. The Agency may adopt procedures which:
(A) Require additional records be maintained consistent
with these regulations; and
(B) Set forth the format in which all records shall be
maintained.
Such procedures and formats, and revisions thereto, shall
not become effective until filed with the Index Division
of the Office of the Secretary of State as required by
"An Act concerning administrative rules," approved June
14, 1951, as amended.
b. Reports .
1. The owner or operator of any emission source or air pol-
lution control equipment shall submit to the Agency as
a minimum, annual reports detailing the nature, speci-
fic sources, and total annual quantities of all specified
air contaminant emissions; provided, however, that the
Agency may require more frequent reports where necessary
to accomplish the purposes of the Act and this Chapter.
2. The Agency may adopt procedures which require that
additional reports be submitted, and which set forth the
format in which all reports shall be submitted. Such
procedures and formats, and revisions thereto, shall not
become effective until filed with the Index Division of
the Office of the Secretary of State as required by "An
Act concerning administrative rules," approved June 14,
1951, as amended.
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3. All emission data received by the Agency relative to
specified air contaminants shall be correlated by the
Agency with any emission limitations or standards set
forth in Part 2 of this Chapter.
4. All emission data received by the Agency, shall be avail-
able for public inspection at reasonable times and upon
reasonable notice.
(2.0) Rule 108: PROOF OF EMISSIONS
Notwithstanding other provisions of this Chapter, evidence that speci-
fied air contaminant emissions, as calculated on the basis of stand-
ard emission factors or other factors generally accepted as true by
those persons engaged in the field of air pollution control, exceed
the limitations prescribed by this Chapter shall constitute adequate
proof of a violation, in the absence of a showing that actual
emissions are in compliance.
(2.0) Rule 109: CIRCUMVENTION
Except as provided in paragraphs 203 (g) (3), 204 (d), and 204 (e) of
Part 2 of this Chapter, and except as further provided by Rule 110 of
this Chapter, no person shall cause or allow the construction or
operation of any device or any means, including the creation or use
of any corporations or other business entities having interlocking
directorships or substantially identical ownerships which, without
resulting in a reduction 1n the total amount of any air contaminant
emitted, conceals, dilutes or permits air contaminant emissions which
would otherwise violate these regulations.
(2.0) Rule 110: DESIGN OF EFFLUENT EXHAUST SYSTEM
No person shall cause or allow the operation of an emission source or
of air pollution control equipment without providing one or more
stacks or vents that are designed to prevent the concentration of any
air contaminant from:
1. Exceeding any applicable ambient air quality standard, either
alone or in combination with air contaminants from other
sources; or,
2. Causing or tending to cause air pollution, either alone or
in combination with air contaminats from other sources; or,
3. Exceeding the emission standards and limitations of Part 2
of this Chapter.
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Exception: This Rule 110 shall not apply to emission sources, such
as stock piles of particulate matter which, because of
the disperse nature of such emission sources, cannot
reasonably be expected to be emitted through a stack.
(2.0) Rule 111: BURDEN OF PERSUASION REGARDING EXCEPTIONS
In any proceeding pursuant to this Chapter, if an exception stated
in this Chapter would limit an obligation, limit a liability, or
eliminate either an obligation or a liability, the person who would
benefit from the application of the exception shall have the burden
of persuasion that the exception applies and that the terms of the
exception have been met.
(13.0) Rule 112: ANNUAL REPORT
The Agency shall annually prepare and submit to the Board an Air Con-
taminant Emission Report which lists the emission sources in the
State for which an operating permit is required under Rule 103,
describes the type, quantity and concentrations of the various speci-
fied contaminats being emitted, and describes the existing and planned
controls and the scheduled dates for completion of improvements.
(2.0) Rule 113: SEVERABILITY
If any provision of these rules or regulations is adjudged invalid,
or if the application thereof to any person or in any circumstance
is adjudged invalid, such invalidity shall not affect the validity
of this Chapter as a whole or of any part, sub-part, sentence or
clause thereof not adjudged invalid.
(2.0) Rule 114: REPEALER
Each provision of the Rules and Regulations Governing the Control
of Air Pollution, as amended August 19, 1969, applying to an emission
source shall remain in full force and effect unless and until such
source is required to comply with a corresponding provision of this
Chapter.
-24-
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(50.0) PART II: EMISSION STANDARDS AND LIMITATIONS FOR STATIONARY SOURCES
(1.0) Rule 201: DEFINITIONS
ALL TERMS DEFINED IN PART I OF THIS CHAPTER WHICH APPEAR IN PART 2 OF
THIS CHAPTER HAVE THE DEFINITIONS SPECIFIED BY RULE 101 OF PART I OF
THIS CHAPTER.
a. Actual Heat Input
The quantity of heat produced by the combustion of fuel
using the gross heating value of the fuel.
b. Architectural Coating
Any coating used for residential or commercial buildings or
their appurtenances, or for industrial buildings which is
site applied.
c. British Thermal Unit
The quantity of heat required to raise one pound of water
from 60°F to 61°F (abbreviated BTU).
d. Complete Combustion
A process in which all carbon contained in a fuel or gas
stream is converted to carbon dioxide
e. Concentrated Nitric Acid Manufacturing Process
Any acid producing facility manufacturing nitric acid with
a concentration equal to or greater than 70 percent by weight.
f. Distillate Fuel Oil
Fuel oils of grade No. 1 and 2 as specified in detailed re-
quirements for fuel oil A.S.T.M. D396-69 (1.971).
g. Effluent Water Separator
Any tank, box, sump, or other apparatus in which any organic
material floating on or entrained or contained in water enter-
ing such tank, box, sump, or other apparatus is physically
separated.and removed from such water prior to outfall, drain-
age, or recovery of such water.
-25-
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h. Emission Rate
Total quantity of any air contaminant discharged into the
atmosphere in any one-hour period.
i. Excess Air
Air supplied in addition to the theoretical quantity nec-
cessary for complete combustion of all fuel and/or combus-
tible waste material.
j. Excessive Release
A discharge of more than 0.65 pounds of mercaptans and/or
hydrogen sulfide into the atmosphere in any five minute
period.
k. Floating Roof
A roof on a stationary tank, reservoir or other container
which moves vertically upon change in volume of the stored
material.
1. Fuel Combustion Emission Source
Any furnace, boiler, or similar equipment used for the pri-
mary purpose of producing heat or power by indirect heat
transfer.
m. Fugitive Particulate Matter
Any particulate matter emitted into the atmosphere other than
through a stack, provided that nothing in this definition or
in Rule 203 (f) shall exempt any source from compliance with
other provisions of Rule 203 otherwise applicable merely
because of the absence of a stack.
n. Gross Heating Value
Amount of heat produced when a unit quantity of fuel is burned
to carbon dioxide and water vapor, and the water vapor con-
densed as described in A.S.T.M. D 2015-66, D 900-55, D1826-64,
and D 240-64.
o. Incinerator
Combustion apparatus in which refuse is burned.
-26-
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p.. Indirect Heat Transfer
Transfer of heat in such a way that the source of heat does
not come into direct contact with process materials.
q. Major Metropolitan Area (MMA)
Any county or group of counties which is defined by Table A.
TABLE A
MAJOR METROPOLITAN AREAS IN ILLINOIS
(MMA's)
MMA
(1) Champaign - Urbana
(2) Chicago
(3) Decatur
(4) Peoria
(5) Rockford
(6) Rock Island - Moline
(7) Springfield
(8) St. Louis (Illinois)
(9) Bloomington - Normal
COUNTIES INCLUDED
IN MMA
Champaign
Cook, Lake, Will, DuPage, McHenry,
Kane, Grundy, Kendall, Kankakee
Macon
Peoria, Tazewell
Winnebago
Rock Island
Sangamon
St. Clair, Madison
McLean
-27-
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r
r. One Hundred Percent Acid
Acid with a specific gravity of 1.8205 at 30°C in the case
of sulfuric acid and 1.4952 at 30°C in the case of nitric
acid.
s. Opacity
A condition which renders material partially or wholly im-
pervious to transmittance of light and causes obstruction of
an observer's view. For the purposes of these regulations,
the following equivalence between opacity and Ringelmann shall
be employed:
Opacity Percent Ringelmann
10 0.5
20 1
30 1.5
40 2
60 3
80 4
100 5
t. Organic Material
1 - i '
Any chemical compound of carbon including diluents and thin-
ners which are liquids at standard conditions and which are
used as dissolvers, viscosity reducers or cleaning agents,
but excluding methane, carbon monoxide, carbon dioxide, car-
bonic acid, metallic carbonic acid, metallic carbide, metal-
lic carbonates, and ammonium carbonate.
u. Organic Vapor
Gaseous phase of an organic material or a mixture of organic
materials present in the atmosphere.
v. Particulate Matter
Any solid or liquid material, other than water, which exists
in finely divided form.
-20-
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w. Photochemically Reactive Material
Any organic material with an aggregate of more than 20 per-
cent of its total volume composed of the chemical compounds
classified below or the composition of which exceeds any of
the following individual percentage composition limitations:
1. A combination of hydrocarbons, alcohols, aldehydes, esters,
ethers or ketones having an olefinic or cyclo-olefinic
type of unsaturation: 5 percent. This definition does
not apply to perchloroethylene or trichloroethylene.
2. A combination of aromatic compounds with eight or more
carbon atoms to the molecule except ethylbenzene:
8 percent.
3. A combination of ethylbenzene, ketones having branched
hydrocarbon structures or toluene: 20 percent.
Whenever any photochemically reactive material or any con-
stituent of any organic material may be classified from its
chemical structure into more than one of the above groups of
organic materials numbered (1), (2), (3), it shall be con-
sidered as a member of the most reactive group, that is, that
group having the least allowable percent of the total organic
materials.
x. Portland Cement Process
t
Any facility manufacturing Portland cement by either the wet
or dry process.
y. PPM (Vol) - (Parts Per Million) (Volume)
A volume/volume ratio which expresses the volumetric concen-
tration of gaseous air contaminant in a million unit volumes
of gas.
z. Pressure Tank
A tank in which fluids are sorted at a pressure greater than
atmospheric pressure.
aa. Process
Any stationary emission source other than a fuel combustion
emission source or an incinerator. .
-29-
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bb. Process Weight Rate
The actual weight or engineering approximation thereof of all
materials except liquid and gaseous fuels and combustion air,
introduced into any process per hour. For a cyclical or
batch operation, the process weight rate shall be determined
by dividing such actual weight or engineering approximation
thereof by the number of hours of operation excluding any
time during which the equipment is idle. For continuous pro-
cesses, the process weight rate shall be determined by divid-
ing such actual weight.or engineering approximation thereof
by the number of hours in one complete operation, excluding
any time during which the equipment is idle.
cc. Residual Fuel Oil
Fuel oils of grade No. 4, 5, and 6 as specified in detailed
requirements for fuel oils A.S.T.M. D 396-69 (1971).
dd. Restricted Area
The area within the boundaries of any "municipality" as
defined in the Illinois Municipal Code, plus a zone extend-
ing one mile beyond the boundaries of any such municipality
having a population of 1,000 or more according to the latest
Federal census.
ee. Ringelmann Chart
The chart published and described in the Bureau of Mines, U.S.
Department of Interior, Information Circular 8333 (Revision
of IC7718) May 1, 1967, or any adaptation thereof which has
been approved by the Agency.
ff. Safety Relief Valve
A valve which is normally closed and which is designed to open
in order to relieve excessive pressures within a vessel or
pipe.
gg. Sandblasting
The use of a mixture of sand and air at high pressures for
cleaning and/or polishing any type of surface.
hh. Set of Safety Relief Valves
One or more safety relief valves designed to open in order
to relieve excessive pressures in the same vessel or pipe.
-30-
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rr. Submerged Loading Pipe
A loading pipe the discharge opening of which is entirely sub-
merged when the liquid level is six inches above the bottom
of the tank. When applied to a tank which is loaded from the
side, any loading pipe the discharge of which is entirely sub-
merged when the liquid level is 18 inches or two times the
loading pipe diameter, whichever is greater, above the bottom
of the tank. This definition shall also apply to any loading
pipe which is continuously submerged during loading operations.
ss. Sulfuric Acid Mist
Sulfuric acid mist as measured according to the method speci-
fied in Rule 204 (g) (2).
tt. Unregulated Safety Relief Valve
A safety relief valve which cannot be actuated by a means
other than high pressure in the pipe or vessel which it protects.
uu. Volatile Organic Material
Any organic material which has a vapor pressure of 2.5 pounds
"per square inch absolute (psia) or greater at 70°F.
vv. Weak Nitric Acid Manufacturing Process
Any acid producing facility manufacturing nitric acid with
a concentration of less than 70 percent by weight.
ww. Woodworking
The shaping, sawing, grinding, smoothing, polishing and
making into products of any form or shape of wood.
(50.1.2) Rule 202: VISUAL EMISSION STANDARDS AND LIMITATIONS
For purposes of this Rule 202, all visual emission opacity standards
and limitations shall be considered equivalent to corresponding
Ringelmann Chart readings, as described under the definition of
opacity.
a. Visual Emission Standards and Limitations for Certain New
Emission Sources
-31-.
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ii. Shotblasting
The use of a mixture of any metallic or non-metallic sub-
stance and air at high pressures for cleaning and/or pol-
ishing any type of surface.
jj. Smoke
Small gas-borne particles resulting from incomplete com-
bustion, consisting predominantly but not exclusively of
carbon, ash and other combustible material, that form a
visible plume in the air.
kk. Smokeless Flare
A combustion unit and the stack to which it is affixed in
which organic material achieves combustion by burning in
the atmosphere such that the smoke or other particulate
matter emitted to the atmosphere from such combustion does
not have an appearance, density, or shade darker than No. 1
of the Ringelmann Chart.
11. Sp.lash Loading
A method of loading a tank, railroad tank car, tank truck or
trailer by use of other than a submerged loading pipe.
mm. Stack
A flue or conduit, free-standing or with exhaust port above
the roof of the building on which it is mounted, by which
air contaminants are emitted into the atmosphere.
nn. Standard Conditions
A temperature of 70°F and a pressure of 14.7 pounds per
square inch absolute (psia).
oo. Standard Cubic Foot (SCF)
The volume of one cubic foot of gas at standard conditions.
pp. Startup
The setting in operation of an emission source for any purpose.
qq. Stationary Emission Source
An emission source which is not self-propelled.
-32-
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1. New Fuel Combustion Emission Sources With Actual Heat
Input Greater than 250 Million BTU per Hour
No person shall cause or allow the emission of smoke or
other particulate matter into the atmosphere from any .
new fuel combustion emission source with actual heat
input greater than 250 million BTU per hour, having an
opacity greater than 20 percent.
Exception: The emissions of smoke or other particulate
matter from any such emission source may have an opacity
greater than 20 percent but not greater than 40 percent
for a period or periods aggregating 3 minutes in any 60
minute period, providing that such more opaque emission
permitted during any 60 minute period shall occur from
only one such emission source located within a 1,000 foot
radius from the center point of any other such emission
source owned or operated by such person, and provided
further that such more opaque emissions permitted from
each such fuel combustion emission source shall be limited
to 3 times in any 24 hour period.
2. New Portland Cement Processes
No person shall cause or allow the emission of smoke or
other particulate matter from any new Portland cement
process into the atmosphere having an opacity greater than
10 percent.
b. Visual Emission Standards and Limitations For All Other
Emission Sources
No person shall cause or allow the emission of smoke or
other particulate matter from any other emission source into
the atmosphere of an opacity greater than 30 percent.
Exception: The emission of smoke or other particulate matter
from any such emission source 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 period
provided that such more opaque emissions permitted during
any 60 minute period shall occur from only one such emission
sourca located within a 1,000 foot radious from the center
point of any other such emission source owned or operated by
such person, and provided further that such more opaque
-33-
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emissions permitted from each such emission source shall be
limited to 3 times in any 24 hour period.
c. Exceptions to Rules 202 (a) and 202 (b)
1. Startup
Rules 202 (a) and 202 (b) shall apply during times of
startup except as provided in the Operating Permit in
Rules 103 and 105.
2. Emissions of Water and Water Vapor
Rules 202 (a) and 202 (b) shall not apply to emissions
of water or water vapor from an emission source.
3. Compliance with Rule 203 a Defense.
Rules 202 (a) and 202 (b) shall not apply if it is shown
that the emission source was, at the time of such
emission, in compliance with the applicable mass emis-
| sion limitations of Rule 203.
i d. Determination of Violations of Rule 202
Violations of Rule 202 (a) and 202 (b) shall be determined:
I
1. By visual observations; or
i
I 2. By the use of a calibrated smoke evaluation device approved
by the Agency as specified in Rule 106 of Part I of this
1 Chapter; or
3. By the use of a smoke monitor located in the stack and
approved by the Agency as specified in Rule 106 of Part I
I of this Chapter.
i
j e. Compliance Dates
1. Every owner or operator of a new emission source shall
i comply with the emission standards and limitations of
| this Rule 202 on the effective date of Part 2 of this
I Chapter.
I 2. Every owner or operator of an existing emission source
i shall comply with the emission standards and limita-
i tions of this Rule 202 by December 31, 1972; except
that every owner or operator of an emission source
-34-
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subject to paragraph (g) of Rule 203, shall comply with
the emission standards and limitations of this Rule 202
by May 30, 1975.
(50.1) Rule 203: PARTICULATE EMISSION STANDARDS AND LIMITATIONS
a. Particulate Emission Standards and Limitations for New Process
Emission Sources
Except as further provided in this Rule 203, no person shall
cause or allow the emission of particulate matter into the
atmosphere in any one hour period from any new process emis-
sion source which, either alone or in combination with the
emission of particulate matter from all other similar new pro-
cess emission sources at a plant or premises, exceeds the
allowable emission rates specified in Table 2.1 and in Figure
2.1.
TABLE 2.1
STANDARDS FOR NEW PROCESS EMISSION SOURCES
Process Weight Rate
Pounds Per Hour
100
200
400
600
800
1 ,000
1,500
2,000
4,000
6,000
8,000
Process Weight Rate
Tons Per Hour
0.05
0.10
0.20
0.30
0.40
0.50
0.75
1.00
2.00
3.00
4.00
Allowable
Emission Rate
Pounds Per Hour
0.55 •
0.77
1.10
1.35
1.58
1.75
2.40
2.60
3.70
4.60
5.35
-35-
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Allowable
Process Weight Rate Process Weight Rate Emission Rate
Pounds Per Hour Tone Per Hour Pounds Per Hour
10,000 5.00 6.00
20,000 10.00 8.70
30,000 15.00 10.80
40,000 20.00 12.50
50,000 25.00 14.00
60,000 30.00 15.60
70,000 35.00 17.00
80,000 40.00 18.20
90,000 45.00 19.20
100,000 50.00 20.50
200,000 100.00 29.50
300,000 150.00 37.00
400,000 200.00 43.00
500,000 250.00 48.50
600,000 300.00 53.00
700,000 350.00 58.00
800,000 400.00 62.00
900,000 450.00 66.00
1,000,000 500.00 67.00
Interpolated and extrapolated (up to process weight rates of 450 tons
per hour) values of the data in Table 2.1 shall be determined by using
the equation:
-36-
-------
E = 2.54 (P)
0.534
Where:
and
E = Allowable emission rate in
pounds per hour;
P = Process weight rate in tons
per hour.
Interpolated and extrapolated value of the data of Table 2.1 for pro-;
cess weight greater or equal to 450 tons per hour shall be determined
using the equation:
Where
and
E = 24.8 (P) °-16
E = Allowable emission rate in
pounds per hour;
P = Process weight rate in tons
per hour.
-37-
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i i !-. . : '—•• I- - - : • ! , ' ' i •-•:•- i- ••••: J '• i ! I f i- STANDARDS FOR ALL NEW PROCESS ' - \\ !-:
'- i i I iT, • —,- - - y j !, | , . hi- -;--_: i •]••>. ; . j j EMISSION SOURCES :" ! ; }J
;. j.!.;.fJ'j"".j.'I.."'i'.ri^'j'lT..' 11•':Vj."^_ V j.)"i-4.! i-! u i i r in--TI •« r—•--' -! :• -:-i-l
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" 1,000 10,000 100,000 1,000,000 10,0
1,000 10,000 100,000
Process Weight Ratet Pounds per Hour
10,000,000
-------
b. Particulate Emission Standards and Limitations For Existing
Process Emission Sources
Except as further provided in this Rule 203, no person shall
cause or allow the emission of particulate matter into the
atmosphere in any one hour period from any existing process
emission source which, either alone or in combination with
the emission of particulate matter from all other similar
new or existing process emission sources at a plant or pre-
mises, exceeds the allowable emission rates specified in
Table 2.2 and in Figure 2.2.
TABLE 2.2
Standards for Existing Process Emission Sources
Allowable
Process Weight Rate Process Weight Rate Emission Rate
Pounds Per Hour Tons Per Hour Pounds Per Hour
100 0.05 0.55
200 0.10 0.87
400 0.20 1.40
600 0.30 1.83
800 0.40 . 2.22
1,000 0.50 2.58
1.500 0.75 . 3.38
2,000 1.00 4.10
4,000 2.00 6.52
6,000 3.00 \ / 8.56
8,000 4.00 , 10.40
10,000 5.00 . • / . 12.00
20,000 10.00 .9.20
30,000 ' ' 15.00 25.20
40,000 20.00 30.40
-39-
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Allowable
Process Weight Rate Process Weight Rate Emission Rate
Pounds Per Hour Tons Per Hour Pounds Per Hour
50,000
60,000
70,000
80,000
90,000
100,000
200,000
300,000
400,000
500,000
600,000
700,000
800,000
900,000
1,000,000
25.00
30.00
35.00
40.00
45.00
50.00
100.00
150.00
200.00
250.00
300.00
350.00
400.00
450.00
500.00
35.40
40.00
41.30
42/50
43/60
44/60
5;/20
55/40
58/60
6;/00
63.10
64/90
66/20
67/70
69.00
Interpolated and extrapolated values of the data in Table 2.2 for pro-
cess weight rates up to 30 tons per hour shall be determined by
using the equation:
E = 4.10 (P) °'67
and interpolated and extrapolated values of the data for process
weight rates in excess of 30 tons per hour shall be determined by
using the equation:
. E = 55,0 (P) O;11 - 40.0
Where: E = Allowable emission rate in
pounds per hour,
and P = Process weight rate in tons
per hour.
-40-
-------
100.0,
1 I > • « I
STANDARDS FOR ALL EXISTING
PROCESS EMISSION SOURCES
o.i,
I I ' ^ ' I I
!".'i.T.7.MlT
i : . Ii!
li-Lmi
100
Jl
1,000
11 --T.. •!:,..-•! !
•;•••:"[•• -|-iV-|: T!
;;TTT::; -M:",.-
10,000 100,000 1,000,000
Process Height Rate: Pounds per Hour
10,000,OC
-------
c. Compliance by Existing Process Emission Sources
Except as otherwise provided in this Rule 203, every exist-
ting process emission source that is not in compliance with
paragraph (b) of this Rule 203 as of the effective date of
Part 2 of this Chapter, shall comply with paragraph (a) of
this Rule 203, unless both the following conditions are met:
1. The source is in compliance, as of the effective date
of Part 2 of this Chapter, with the terms and conditions
of a variance granted by the Pollution Control Board,
or, within sixty (60) days of the effective date of this
Chapter, the source is the subject of a variance petition
filed with the Pollution Control Board, which variance
is subsequently granted by the Board; and,
2. As of the effective date of Part 2 of this Chapter, con-
struction has commenced on equipment or modifications
sufficient to achieve compliance with paragraph (b) of
this Rule 203.
d. Exceptions to Rules 203 (a), 203 (b), and 203 (c)
1. Catalyst Regenerators of Fluidized Catalytic Converters
Rules 203 (a), 203 (b), and 203 (c) shall not apply to
catalyst regenerators of fluidized catalytic converters.
No person shall cause or allow the emission rate from
new and existing catalyst regenerators of fluidized
catalytic converters to exceed in any one hour period
the rate determined using the following equations:
i
E = 4.10 (P) °-67 for P less than or
equal to 30 tons per
hour.
E = 55.0 (P) °'n - 40.0 for P greater than
30 tons per hour.
Where,
E = Allowable emission rate in pounds per hour
P = Catalyst recycle rate, including the amount
of fresh catalyst added, in tons per hour.
2. Sinter Processes
Rules 203 (a), 203 (b), and 203 (c) shall not apply to
any sinter process. No person shall cause or allow the
-42-
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emission of participate matter into the atmosphere from
the breaker stack of any sinter process to exceed the
allowable emission rate specified by Table 2.1 of
Rule 203 (a). No person shall cause or allow the
emission of participate matter into the atmosphere from
the main windbox of any sinter process to exceed 1.2
times the allowable emission rate specified by Table
2.1 of Rule 203 (a).
3. Portland Cement Manufacturing Processes
Rules 203 (a) and 203 (c) shall not apply to the kilns
and coolers of portland cement manufacturing processes.
(A) The kilns and clinker coolers of existing portland
cement manufacturing processes shall comply with
the emission standards and limitations of Rule
203 (b).
(B) The kilns and clinker coolers of new portland
cement manufacturing processes shall comply with
the following emission standards and limitations:
(i) No person shall cause or allow the emission
of particulate matter into the atmosphere
from any such kiln to exceed 0.3 pounds per
ton of feed to the kiln.
(ii) No person shall cause or allow the emission
of particulate matter into the atmosphere
from any such clinker cooler to exceed 0.1
pounds per ton of feed to the kiln.
4. Corn Wet Milling Processes
Rules 203 (a), 203 (b), and 203 (c) shall not apply to
feed and gluten dryers in corn wet milling processes,
where the exit gases have a dew point higher than the
ambient temperature and the specific gravity of the .
material processed is less than 2.0. No person shall
cause or allow the emission of particulate matter into
the atmosphere from any such process:
(A) After the effective date of Part 2 of this Chapter,
so as to exceed 0.3 grain per standard cubic foot
of effluent gas; and
-43-
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(B) On or after May 30, 1975, so as to exceed the
emission standards and limitations specified in
Rule 203 (b).
5. Grinding, Woodworking, Sandblasting and Shotblasting
Rule 203 (a), 203 (b), and 203 (c) shall not apply to
the following industries, which shall be subject to Rule
203 (f):
(A) Grinding,
(B) Woodworking,
(C) Sandblasting or Shotblasting
6. Coke Manufacturing Processes
Rules 203 (a), 203 (b), and 203 (c) shall not apply to
coke manufacturing processes.
(A) Beehive Coke Ovens
No person shall cause or allow the use of beehive
ovens in any coke manufacturing process.
(B) By-Product Coke Plants
(i) Charging
(aa) Sixty (60) days after the effective date
of Part 2 of this Chapter and until
December 31, 1973, no person shall cause
or allow the emission of smoke or other
particulate matter from any coke oven
charging port into the atmosphere after
withdrawal of the charging sleeve, except
for a period or periods aggregating 20
seconds during any one coke oven charg-
ing operation. The charge car shall
remain over the charging ports only as
long as is needed to complete the charg-
ing operation.
(bb) On and after December 31, 1973, all coke
oven facilities shall be equipped with
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automated, negative pressure charging
systems, or shall employ alternative
methods of comparable effectiveness
in reducing emissions during charging;
and after said date, no person shall
cause or allow the emission of visible
particulate matter, other than water.
from any coke oven charging port into the
atmosphere, except for'a period or
periods aggregating 15 seconds during
any one coke oven charging operation.
During such charging operations the
emission of smoke or other particulate
matter from the charging port or from
the charging system into the atmosphere
shall have an opacity of no greater
than 30 percent.
(ii) Pushing and Quenching
(aa) On and after July 1, 1972, no person shall
cause or allow the emission of smoke
or other particulate matter, other than
water, of an opacity greater than 30
percent, from a coke .manufacturing pro-
cess quench tower'into the atmosphere.
(bb) On and after December 31, 1974, all coke
oven facilities shall be equipped with
enclosed pushing and quenching systems
with particulad; collection equipment,
or shall employ alternative methods of
comparable effectiveness in reducing
emission during pushing and quenching.
tii)' Work Rules
No person shall cause or allow the operation
Of a by-product coke plant without operating^
and maintenance work rule? approved by the
Agency. Such work rules shall be submitted
to and approved by the Agency no later than
60 days after the effective date of Part 2
of this Chapter. No such plan shall be approved
by the Agency unless it contains, as a minimum,
information sufficient to prove to the Agency
that the emission of specified air contaminants
will conform to the requirement of this Rule 203.
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(iv) Coke Oven Doors
(aa) On and after July 1, 1972, no person
shall cause or allow the operation of
a coke oven that emits any specified
air contaminants into the atmosphere
during coking from the coke oven doors
for more than ten minutes after commence-
ment of the coking cycle. During such
ten minutes the emission shall have an
opacity no greater than 30 percent.
(bb) On and after July 1, 1972, no person
shall cause or allow the operation of
a coke oven unless
(bb-1) There is, on the plant premises,
an inventory of spare coke oven
doors and seals at all times, and
(bb-2) There is, on the plant premises,
a repair facility capable of
prompt and efficient repair of
coke oven doors and seals.
7. Certain Small Foundries
Rules 203 (a), 203 (b), and 203(c) shall not apply to
foundry cupolas if all the following conditions are met:
(A) The cupola was in existence prior to April 15,
1967; and,
(B) The cupola process weight rate is less than or
equal to 20,000 lb/hr.; and,
(C) The cupola as of the effective date of Part 2 of
this Chapter, either;
(i) Is in compliance with the following Table 2.3; or,
(ii) Is in compliance with the terms and conditions
of a variance granted by the Pollution Control
Board and, construction has commenced on equip-
ment or modifications sufficient to achieve
compliance with Table 2.3.
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I i
TABLE 2.3
Allowable Emissions From Small Foundries
Covered by Rule 203 (d) (7)
Process Weight Rate
Pounds Per Hour
1,000
2,000
3,000
4,000
5,000
6,000
7,000
8,000
9,000
10,000
12,000
16,000
18,000
20,000
Allowable
Emission Rate
Pounds Per Hour
3.05
4.70
6.35
8.00
9.58
11.30
12.90
14.30
15.50
16.65
18.70
21.60
23.40
25.10
For process weight rates not listed in Table 2.3, straight line interpolation
between two consecutive process weight rates shall be used to determine
allowable emission rates.
8. Stock Piles
Rules 203 (a), 203 (b), and 203 (c) shall not apply to emission
sources, such as stock piles or particulate matter, to
which, because of the disperse nature of such emission
sources, such rules cannot reasonably be applied.
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e. Participate Emission Standards and Limitations for
Incinerators
1. No person shall cause or allow the emission of particu-
late matter into the atmosphere from any incinerator
burning more than 60,000 pounds of refuse per hour to
exceed 0.05 grains per standard cubic foot of effluent
gases corrected to 12 percent carbon dioxide.
2. No person shall cause or allow the emission of particu-
late matter into the atmosphere from any incinerator
burning more than 2,000 pounds of refuse per hour to
exceed 0.08 grain per standard cubic foot of effluent
gases corrected to 12 percent carbon dioxide.
3. No person shall cause or allow the emission of particu-
late matter into the atmosphere from all other existing
incinerators to exceed 0.2 grains per standard cubic foot
of effluent gases corrected to 12 percent carbon
dioxide.
4. No person shall cause or allow the emission of particu-
late matter into the atmosphere from all other new incin-
erators to exceed 0.1 grains per standard cubic foot of
effluent gases corrected to 12 percent carbon dioxide.
5. Exception:
Subparagraphs (1), (2), and (4) of this Rule 203 (e)
shall not apply to incinerators which burn wood wastes
exclusively, if all the following conditions are met:
(A) The emission of particulate matter from such in-
cinerator does not exceed 0.2 grains per standard
cubic foot of effluent gases corrected to 12 percent
carbon dioxide; and,
(B) The location of such incinerator is not in a re-
stricted area, and is more than 1,000 feet from
residential or other populated areas; and,
(C) When it can be affirmatively demonstrated that no
economically reasonable alternative method of dis-
posal is available.
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f. Fugitive Particulate Matter
1. No person shall cause or allow the emission of fugitive
particulate 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.
2. No person shall cause or allow the emission of fugitive
particulate matter from any process, including any
material handling or storage activity, in such a manner
that the presence of such particulate matter shown to be
larger than forty (40) microns (mean diameter) in size
exists beyond the property line of the emission source.
3. Rules 203 (f) (1) and 203 (f) (2) shall not apply to
emissions of fugitive particulate matter from stockpiles
of materials when the wind speed is greater than 25
miles per hour. Determination of wind speed for the
purposes of this rule shall be by a one-hour average at
the nearest officieal station of the U.S. Weather Bureau,
by interpretation of surface weather maps by a meteoro-
logist, or by wind speed instruments installed on the
stockpile site.
4. No person shall cause or allow the operation of a
vehicle of the second division as defined by 111. Rev.
Stat.. Ch. 95 1/2, 1-217, as revised, or a Semitrailer
as defined by 111. Rev. Stat.. Ch. 95 1/2, 1-187, as
revised, without a covering sufficient to prevent the
release of particulate matter into the atmosphere, 'pro-
vided that this paragraph (f) (4) of this Rule 203
shall not apply to automotive exhaust emissions.
5. Except for the stockpiling of materials, Rule 203 (f)
shall not apply to emissions resulting from the manu-
facture of coke.
6. Rule 203 (f) shall not apply to emissions of water and
water vapor from cooling towers.
b. Particulate Emission Standards and Limitations for Fuel
Combustion Emission Sources
1. Fuel Combustion Emission Sources Using Solid Fuel
Exclusively
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(A) Existing Fuel Combustion Emission Sources Using
Solid Fuel Exclusively Located in the Chicago
Major Metropolitan Area
No person shall cause or allow the emission of par-
ti cul ate matter into the atmosphere from any exist-
ing fuel combustion source using solid fuel ex-
clusively, located in the Chicago major metropo-
litan area, to exceed 0.1 pounds of particulate
matter per million BTU of actual heat input in any
one hour period except as provided in sub-paragraph
(C) of this Rule 203 (g) (1).
(B) Existing Fuel Combustion Emission Sources Using Solid
Fuel Exclusively Located Outside the Chicago Major
Metropolitan Area
No person shall cause or allow the emission of parti-
culate matter into the atmosphere from any existing
fuel combustion source using solid fuel exclusively,
located outside the Chicago major metropolitan area,
to exceed the limitations specified in Table 2.4
and Figure 2.3 in any one hour period except as pro-
.vided in sub-paragraph (c) of this Rule 203 (g) (1):
TABLE 2.4
Fuel Combustion Emission Source Ss
Actual Heat Input Allowable Emission Standard
million BTU per hour Pounds per million BTU
less than or equal to 10
greater than 10 but smaller than 250
greater than or equal to 250
Ss = Allowable emission standard in pounds per million
BTU of actual heat input
Hs = Actual heat input, million BTU per hour
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(C) Existing Controlled Fuel Combustion Emission
Sources Using Solid Fuel Exclusively
(i) The emission source has an emission rate based
on original design or equipment performance
test conditions, whichever is stricter, which
is less than 0.2 pounds per million BTU of
actual heat input, and the emission control of
such source is not allowed to degrade more
than 0.05 pounds per million BTU from such
original design or acceptance performance test
conditions; or,
(ii) The source is in full compliance with the terms
and conditions of a variance granted by the
Pollution Control Board sufficient to achieve
an emission rate less than 0.2 pounds per
million BTU, and construction has commenced on
equipment or modifications prescribed.under that
program; and emission control of such source is
not allowed to degrade more than 0.05 pounds per
million BTU from original design or equipment
performance test conditions, whichever is
stricter.
(D) New Fuel Combustion Emission Sources Using Solid
Fuel Exclusively
No person shall cause or allow the emission of parti-
culate matter into the atmosphere in any one hour
period from any new fuel combustion emission source
using solid fuel exclusively, to exceed 0.1 pounds
of particulate matter per million BTU of actual heat
input. . , v
PROVISO: Nothing in this Rule 203 (g) (1) shall be construed to apply
in any manner inconsistent with the following paragraph
8 (B) of an order of the Circuit Court of Cook County dated
April 13, 1972 in case no. 72 CH 1484: •
"The defendants, and each of them their agents,
employees, and attorneys, are hereby restrained for
a period of ten days from the date hereof from
(1) adopting or from (2) holding or conducting,
scheduling or rescheduling public hearings pertaining
to the adoption of proposed Rule 203 (g) (1) (A) of
the Illinois Pollution Control Board and so much of
-51-
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proposed Rule 203 (g) (1) (C) of the Illinois Pol-
lution Control Board as pertains to proposed Rule
203 (g) (1) (A), insofar as such rules pertain to
the use of coal as a source of fuel in residential
and commercial buildings in the Chicago Major
Metropolitan Area, or from (1) adopting or from
(2) holding or conducting public hearings to adopt
a rule which would eliminate or ban the use of coal
as a source of fuel in residential and commercial
buildings in the Chicago Major Metropolitan Area
as such area is defined by the Illinois Pollution
Control Board, unless there is a provision in said
proposed rule for just compensation to owners of
businesses in the class represented by plaintiffs and
to owners of commercial and residential buildings
whose property rights would be affected by said
rule wherever said rule is effective."
And such further orders as may be entered by the Court.
2. Fuel Combustion Emission Sources Using Liquid Fuel
Exclusively
No person shall cause or allow the emission of particu-
late matter into the atmosphere in any one hour period
to exceed 0.10 pounds of particulate matter per million
BTU of actual heat input from any fuel combustion emis-
sion source using liquid fuel exclusively.
3. Fuel Combustion Emission Sources Using More Than One
Type of Fuel
No person, while simultaneously burning more than one
type of fuel in a fuel combustion emission source, shall
cause or allow the emission of particulate matter into
the atmosphere in any one hour period in excess of the
following equation:
Where:
E = SSHS + 0.10 H-|
E = Allowable particulate emission rate in
pounds per hour;
S$ = Solid fuel particulate emission standard
which is applicable, pounds per million
BTU of actual heat input;
-52-
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HS = Actual heat input from solid fuel in
million BTU per hour; and
HI = Actual heat input from liquid fuel in
million BTU per hour.
4. Aggregation of Existing Fuel Combustion Sources
Rule 203 (g) (3) may be applied to the aggregate of all
fuel combustion emission sources vented to a common stack.
provided that after January 26, 1972:
(A) Ductwork has not been modified so as to interconnect
such existing fuel combustion emission sources;
(B) The actual heat input to any such existing fuel com-
bustion emission source is not increased; and,
(C) No new fuel combustion emission source is added to
reduce the degree of control of emissions of par-
ticulate matter required by paragraph (g) of this
Rule 203.
h. Measurement Methods
Particulate emissions from stationary emission sources subject
to Rule 203, shall be determined by the procedures described
in the ASME Power Test Code 27-1957 as revised from time to
time, or by any other equivalent procedures approved by the
Agency.
i. Compliance Dates '
1. Every owner or operator of a new emission source shall
comply with the standards and limitations of Rule 203 of
the effective date of Part 2 of this Chapter,
2. Except as otherwise provided in paragraph (d) (4), (d)
(6), (i) (3), (1) (4), and (i) (5) of this Rule 203,
every owner or operator of an existing emission source
shall comply with the standards and limitations of
Rule 203 by December 31, 1973. ,\ •
3. Every owner or operator of an existing emission source
subject to paragraph (f) of this Rule 203 shall comply
with the standards and limitations of this Rule 203:
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i
en
lo-° ;f.:-r--
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||-:]::]:: m[i!ra
ALLOWABLE EMISSIONS FROM SOLID
FUEL COMBUSTION SOURCES OUTSIDE I-'
CHICAGO MMA.
100 1,000 10,000
Actual Heat Input, Million Btu per Hour
100,000
-------
(A) Six months after the effective date of Part 2 of
this Chapter when the emissions from such source
are caused by the stockpiling of materials;
(B) Six months after the effective date of Part 2 of
this Chapter for emission sources subject to
paragraph (f) (4) of this Rule^203; and
(C) One year after the effective date of Part 2 of
this Chapter for all other emission sources sub-
ject to paragraph (f) of this Rule 203.
4. Every owner or operator of an existing emission source
subject to paragraph (g) of this Rule 203 shall comply
with the standards and limitations of Rule 203 by
May 30, 1975.
5. Notwithstanding any other provisions of Rule 203 of this
Part 2, every owner or operator of an existing emission
source which:
(A) Is required to comply with Rules 2-2.51, 2-2.52,
2-2.54, 3-3.111, 3-2110, 3-3:2130 and 3-3.220 of
Rules and Regulations Governing the Control of A1r
Pollution as amended August 19, 1969; and
(B) Which is in compliance with such rules, as of the
effective date of this Chapter, or is in compliance
with paragraphs 203 (c) (1) and (2) of this Chapter.
shall comply with the applicable emission standards and
limitations of this Rule 203, by May 30, 1975. .
(50.2) Rule 204: SULFUR STANDARDS AND LIMITATIONS
a. Sulfur Dioxide Emission Standards and Limitations For New
Fuel Combustion Emission Sources with Actual Heat Input
Greater Than 250 Million BTU per Hour
1. Solid Fuel Burned Exclusively
No person shall cause or allow the emission of sulfur
dioxide into the atmosphere in any one hour period from
any new fuel combustion emission source greater than
250 million BTU per hour, burning solid fuel exclusively,
to exceed 1.2 pounds of sulfur dioxide per million BTU
of actual heat input.
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2. Liquid Fuel Burned Exclusively
No person shall cause or allow the emission of sulfur
dioxide into the atmosphere in any one hour period from
any new fuel combustion emission source greater than
250 million BTU per hour, burning liquid fuel exclusively;
(A) To exceed 0.8 pounds of sulfur dioxide per million
BTU of actual heat input when residual fuel oil is
burned; and,
(B) To exceed 0.3 pounds of sulfur dioxide per million
BTU of actual heat input when distillate fuel oil
is burned.
b. Sulfur Dioxide Emission Standards and Limitations for New
Fuel Combustion Emission Sources With Actual Heat Input
Smaller Than, or Equal to, 250 Million BTU per Hour
1. Solid Fuel Burned Exclusively
No person shall cause or allow the emission of sulfur
dioxide into the atmosphere in any one hour period from
any new fuel combustion source with actual heat input
smaller than, or equal to, 250 million BTU per hour,
burning solid fuel exclusively, to exceed 1.8 pounds of
sulfur dioxide per million BTU of actual heat input.
2. Liquid Fuel Burned Exclusively
No person shall cause or allow the emission of sulfur
dioxide into the atmosphere in any one hour period from
any new fuel combustion source with actual heat input
smaller than, or equal to, 250 million BTU per hour,
burning liquid fuel exclusively;
(A) To exceed 1.0 pounds of sulfur dioxide per million
BTU of actual heat input when residual fuel oil is
burned; and,
(B) To exceed 0.3 pounds of sulfur dioxide per million
BTU of actual heat input when distillate fuel oil is
burned.
c. Sulfur Dioxide Emission for Existing Fuel Combustion Sources
1. Solid Fuel Burned Exclusively
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(A) Existing Fuel Combustion Sources Located in The
Chicago, St. Louis (Illinois) and Peoria Major
Metropolitan Areas
No person shall cause or allow the emission of sulfur
dioxide into the atmosphere in any one hour period
from any existing fuel combustion source, burning
solid fuel exclusively, located in the Chicago, St.
Louis (Illinois) and Peoria major metropolitan areas,
to exceed 1.8 pounds of sulfur dioxide per million
BTU of actual heat input, on or after May 30, 1975.
(B) Existing Fuel Combustion Sources Located Outside the
Chicago, St. Louis (Illinois) and Peoria Major
Metropolitan Areas
No person shall cause or allow the emission of sul-
ful dioxide into the atmosphere in any one hour
period from any existing fuel combustion source,
burning solid fuel exclusively, located outside the
Chicago, St. Louis (Illinois) and Peoria major
metropolitan areas, to exceed the following:
(i) 6.0 pounds of sulfur dioxide per million BTU
of actual heat input, on and after May 30,
1975; and
(ii) 1.8 pounds of sulfur dioxide per million BTU
of actual heat input for all such fuel combus-
tion emission sources located within any MMA
other than Chicago, Peoria, and St. Louis
(Illinois) which, according to any one ambient
air monitoring station operated by or u'nder
supervision and control of the Agency within
such MMA, has an annual arithmetic average
sulfur dioxide level greater than;
60 ug/nr* (0.02 ppm) for any year ending
prior to May 30, 1976, or
45 ug/M (0.015 ppm) for any year ending
on or after May 30, 1976.
Compliance with this paragraph (ii) of Rule
204 (c) (1) (B) shall be on and after three
years from the date upon which the Board pro-
mulgates an Order for Compliance.
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Before promulgation of such Order for Compliance,
the Board shall:
(aa) Publish in the Board Newsletter, within
21 days of receipt from the Agency, a
proposed Order for Compliance along with
the data used to obtain said annual arith-
metic average sulfur dioxide level; and,
(bb) Serve a copy of such proposed order and
supporting data, within 21 days of
receipt from the Agency, upon the owner
or operator of each such emission source
located within the MMA: and,
(cc) Defer promulgation of the Order for Com-
pliance for at least 45 days from the
date of publication to allow submission
and consideration of additional written
comments.
2. Liquid Fuel Burned Exclusively
No person shall cause or allow the emission of sulfur
dioxide into the atmosphere in any one hour period from
any existing fuel combustion emission source, burning
liquid fuel exclusively;
(A) To exceed 1.0 pounds of sulfur dioxide per million
BTU of actual heat input when residual fuel oil is
burned; and, , \
(B) To exceed 0.3 pounds of sulfur dioxide per million
BTU of actual heat input when distillate fuel oil
is burned.
Combination of Fuels
No person shall cause or allow the emission of sulfur dioxide
into the atmosphere in any one hour period from any fuel
combustion emission source burning simultaneously any combin-
ation of solid, liquid and gaseous fuels to exceed the allow-
able emission rate determined by the following equation:
E = SSHS + 0.3 Hd + SRHR
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Where:
E = Allowable sulfur dioxide emission rate, in
pounds per hour;
S = Solid fuel sulfur dioxide emission standard, in
pounds per million BTU, which is applicable;
SR = Residual fuel oil sulfur dioxide emission stand-
ard, in pounds per million BTU, which is applica-
ble;
Hs = Actual heat input from solid fuel, in million
BTU per hour;
HR = Actual heat input from residual fuel oil, in
million BTU per hour;
Hj = Actual heat input from distillate fuel oil, in
million BTU per hour;
and where that portion of the actual heat input that is
derived:
1. From the burning of gaseous fuels produced by the gasi-
fication of solid fuels shall be included in HS;
2. From the burning of gaseous fuels produced by the
gasification of distillate fuel oil shall be included
in Hd;
3. From the burning of gaseous fuels produced by the
gasification of residual fuel oil shall be included
in HR;
4. From the burning of gaseous fuels produced by the
gasification of any other liquid fuel shall be included
in HR; and,
5. From the burning of by-product gases such as those pro-
duced from a blast furnace or a catalyst regeneration
. unit in a petroleum refinery shall be included in HR.
e. Combination of Fuel Combustion Emission Sources
No person shall cause or allow the total emissions of sulfur
dioxide into the atmosphere in any one hour period from all
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fuel combustion emission sources owned or operated by such
person and located within a 1 mile radius from the center
point of any such fuel combustion emission source to exceed
the emissions determined by the following equations:
E = 20,000 Hs 2
300
100
(Note: P-|P2+ . . . +Pn=100)
Where:
E = Total emission of sulfur dioxide, in pounds per
hour, into the atmosphere in any one hour period
from all fuel combustion emission sources owned or
operated by such person and located within a 1
mile radius from the center point of any such
emission source.
P.ji = 1,2,. . . . , n= percentage of total emissions E
emitted from source i;
H.,1= 1, 2, .... n= physical height in feet above
1 grade of stack i.
f. Sulfur Standards and Limitations For Process Emission Sources
1. Sulfur Dioxide Standards and Limitations
(A) Except as further provided by paragraphs (f) (1) (B),
(f) (1) (C), and (f) (1) (D) of this Rule 204, no per-
son shall cause or allow the emission of sulfur dioxide
into the atmosphere from any process emission source-to
exceed 2,000 ppm.
(B) Paragraph (f) (1) (A) of this Rule 204 shall not
apply to new sulfuric acid manufacturing processes.
No person shall cause or allow the emission of sulfur
dioxide into the atmosphere from any new sulfuric
acid manufacturing plant to exceed 4.0 pounds of sul-
fur dioxide per ton of acid produced.
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(C) Paragraph (f) (T) (A) of this Rule 204 shall not
apply to processes designed to remove sulfur com-
pounds from the flue gases of fuel combustion
emission sources.
(D) Paragraph (f) (1) (A) of this Rule 204 shall not
apply to existing processes designed to remove
sulfur compounds from the flue gases of petroleum
and petrochemical processes, providing that the
sulfur dioxide emissions from such removal processes
do not exceed the emissions determined by the
equations of Rule 204 (e).
2. Sulfur Dioxide Measurement
No person shall cause or allow the emission of sulfuric
acid mist into the atmosphere from any process emission
source to exceed 0.15 pounds of acid mist per ton of
acid used or manufactured.
g. Measurement Methods
1. Sulfur Dioxide Measurement
Measurement of sulfur dioxide emissions from stationary
sources shall be made according to the procedure published
in 36 Fed. Reg. 24890, Method 6, or by measurement pro-
cedures specified by the Agency according to the provisions
of Part 1 of this Chapter and application of standard
emission factors as published in Public Health Service
Publication 999-AP-42, Compilation of Air Pollutant,
Emission Factors, as revised from time to time.
2. Sulfuric Acid Mist and Sulfur Trioxide Measurement
Measurement of sulfuric acid mist and sulfur trioxide
shall be according to the Barium-thorin titration method
as published in 36 Fed. Reg. 24893.
3. Solid Fuel Averaging Measurement
If low sulfur solid fuel is used to comply with subpara-
graphs (a), (b), (c), and (d) of this Rule 204, the appli-
cable solid fuel sulfur dioxide standard shall be met by
a two month average of daily samples with 95 percent of
the samples being no greater than 20 percent above the
average. A.S.T.M. procedures shall be used for solid
fuel sampling, sulfur and heating value determinations.
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h. Compliance Dates
1. Every owner or operator of a new emission source shall com-
ply with the standards and limitations of Rule 204 by the
effective date of Part 2 of this Chapter.
2. Every owner or operator of an existing fuel combustion
emission source shall comply with the standards and limi-
tations of Rules 204 (c) (1) (A), 204 (c) (2), 204 (d) and
204 (e) by May 30, 1975.
3. Every owner or operator of an existing process emission
source shall comply with the standards and limitations of
Rule 204 (f) by December 31, 1973.
(50.4) Rule 205: ORGANIC MATERIAL EMISSION STANDARDS AND LIMITATIONS
a. Storage
No person shall cause or allow the storage of any volatile
organic material in any stationary tank, reservoir or other
container of more than 40,000 gallons capacity unless such
tank, reservoir or other container:
1. Is a pressure tank capable of withstanding the vapor
pressure of such materials, so as to prevent vapor or
gas loss 1;o the atmosphere at all times; or,
2. Is designed*and equipped with one of the following vapor
loss control devices:
(A) A floating roof which rests on the surface of the
volatile organic material and is equipped with a
closure seal or seals to close the space between the
roof edge and the tank wall. Such floating roof
shall not be permitted if the volatile organic material
has a vapor pressure of 12.5 pounds per square inch
absolute or greater at 70 F. No person shall cause
or allow the emission of air contaminants into the
atmosphere from any gauging or sampling devices
attached to such tanks, except during sampling.
(B) A vapor recovery system consisting of:
(i) A vapor gathering system capable of collecting
85% or more of the uncontrolled volatile organic
material that would be otherwise emitted to. the
atmosphere; and,
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(ii) A vapor disposal system capable of processing
such volatile organic material so as to prevent
their emission to the atmosphere. No person
shall cause or allow the emission of air contami-
nants into the atmosphere from any gauging or
sampling devices attached to such tank, reservoir
or other container except during sampling.
(C) Other equipment or means of equal efficiency approved
by the Agency according to the provisions of Part 1
of this Chapter 3; or,
3. Is an existing cone roof tank used exclusively for the
storage of Illinois crude oil, if all the following con-
ditions are met:
/' < *
(A) The vapor pressure of such crude oil is less than 5
pounds pen square inch absolute (psia); and,
(B) The location of such tank is outside a major metropo-
litan area; and,
(C) Such tank is equipped with positive pressure tank
vent valves and vacuum breakers.
b. Loading
1. No person shall cause or allow the discharge of more than
8 pounds per hour of organic material into the atmosphere
during the loading of any organic material from the
aggregate loading pipes of any loading facility haying a
throughput of greater than 40,000 gallons per day into
any railroad tank car, tank truck or trailer, unless
each such loading pipe is equipped with air pollution con-
trol equipment capable of reducing by 85 percent or more
the uncontrolled organic material that would be otherwise
emitted to the atmosphere if splash loading were employed.
2. No person shall cause or allow the loading of any organic
material into any stationary tank having a storage capacity
of greater than 250 gallons, unless such tank is equipped
with a permanent submerged loading pipe or an equivalent
device approved by the Agency according to the provisions
of Part 1 of this Chapter, or unless such tank is a pressure
tank as described in Rule 205 (a) (1) or is fitted with
a recovery system as described in Rule 205 (a) (2) (B).
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3. Exception:
If no odor nuisance exists, the limitaions of subparagraph
(b) of this Rule 204 shall only apply to volatile organic
material.
c. Organic Material- Water Separation
1. No person shall use any single or multiple compartment
effluent water separator which received effluent water
containing 200 gallons a day or more of organic material
from any equipment processing, refining, treating, storing,
or handling organic material unless such effluent water
separator is equipped with air pollution control equip-
ment capable of reducing by 85 percent or more the uncon-
trolled organic material emitted to the atmosphere.
Exception: '
If no odor nuisance exists, the limitations of this Rule
205 (c) (1) shall only apply to volatile organic material.
2. Rule 205 (c) (1) shall not apply towater and crude oil
separation in the production of Illinois crude oil, if
both the following conditions are met:
(A) The vapor pressure of such crude oil is less than
5 pounds per square inch absolue (psia); and,
(B) The location of such tank is outside a major metro-
politan area.
d. Pumps and Compressors
No person shall cause or allow the discharge of more than two
cubic inches of liquid volatile organic material into the
atmosphere from any pump or compressor in any 15 minute
period at standard conditions.
e. Architectural Coatings
No person shall cause or allow the sale or use in the Chicago
or St. Louis (Illinois) Major Metropolitan Areas of any
architectural coating containing more than 20 percent by
volume of photochemically reactive material in containers
having a capacity of more than one gallon.
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f. Use of Organic Material
No person shall cause or allow the discharge of more than 8
pounds per hour of organic material into the atmosphere from
any emission source, except as provided in paragraphs (f) (1)
and (f) (2) of this Rule 205 and the following:
Exception:
If no odor nuisance exists.,the limitation of this Rule 205 (f)
shall apply only to photochemically reactive material.
1. Alternative Standard
Emissions of organic material in excess of those permitted
by Rule 205 (f) are allowable if such emissions are con-
trolled by one of the following methods:
(A) Flame, thermal or catalytic incineration so as either
to reduce such emissions to 10 ppm equivalent
methane (molecular weight 16) or less, or to convert
85 percent of the hydrocarbons to carbon dioxide and
water; or,
(B) A vapor recovery system which adsorbs and/or absorbs
and/or condenses at least 85 percent of the total un-
controlled organic material that would otherwise be
emitted to the atmohphere; or,
(C) Any other air pollution control equipment approved by
the Agency capable of reducing by 85 percent or more
the uncontrolled organic material that would be
otherwise emitted to the atmosphere.
2. Exceptions
The provisions of Rule 205 (f) shall not apply to:
(A) The spraying or use of insecticides, herbicides, or
other pesticides;
(B) Fuel combustion emission sources;
(C) The application of paving asphalt and pavement mark-
ing paint from sunrise to sunset and when air pollu-
tion watch, alert or emergency conditions are not
declared;
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(D) Any owner, operator, user or manufacturer of
paint, varnish, lacquer, coatings or printing ink
: whose Compliance Program and Project Completion
i Schedule, as required by Part 1 of this Chapter,
: provides for the reduction of organic material used
i in such process to 20 percent or less of total
volume by May 30, 1975.
| g. Waste Gas Disposal
1. Petroleum Refinery and Petrochemical Manufacturing Process
Emissions
; No person shall cause or allow the discharge of organic
materials into the atmosphere from:
l
(A) Any catalyst regenerator of a petroleum cracking
I ' system; or,
(B) Any petroleum fluid coker; or,
j (C) Any other waste gas stream from any petroleum or
I petrochemical manufacturing process;
in excess of 100 ppm equivalent methane (molecular weight
; 16.0).
| 2. Vapor Slowdown
No person shall cause or allow the emission of organic
material into the atmosphere from any vapor blowdown sys-
tem or any safety relief valve, except such safety relief
: valves not' capable of causing an excessive release, unless
such emission is controlled:
i (A) To 10 ppm equivalent methane (molecular weight 16.0)
or less; or,
I
i (B) By combustion in a smokeless flare; or,
i (C) By other air polltuion control equipment approved by
the Agency according to the provisions of Part 1 of
this .Chapter.
3. Sets of Unregulated Safety Relief Valves Capable of Causing
i Excessive Releases.
I Rule 205 (g) (2) shall not apply to any set of unregulated
i safety refief valves capable of causing excessive releases,
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provided that the owner or operator therof, by October 1,
1972, provides the Agency with the following:
(A) An historical record of each such set (or, if such
records are unavailable, of similar sets which, by
virtue of operation under similar circumstances,
may reasonably be presumed to have the same or _
greater frequency of excessive releases) for a
three-year period immediately preceding October 1,
1972, indicating:
(i) Dates on which excessive releases occured from
each such set; and,
(ii) Duration in minutes of each such excessive
release; and,
(iii) Quantities (in pounds) of mercaptans and/or
hydrogen sulfide emitted into the atmosphere
during each such excessive release.
(B) Proof, using such three-year historical records,
that no excessive release is likely to occur from any
such set either alone or in combination with such
excessive releases from other sets owned or operated
by the same person and located within a ten-mile
radius from the center point of any such set, more
frequently than 3 times in any 12 month period; and
(C) Accurate maintenance records pursuant to the require-
ments of paragraph (g) (3) (A) of this Rule 205 of
this Chapter; and
(D) Proof, at three-year intervals, using such three-
year historical reocrds, that such set conforms to
the requirement of paragraph (g) (3) (C) of this Rule
205.
h. Emissions During Clean-up Operations and Organic Material
Disposal
Emissions of organic material released during clean-up operations
and disposal shall be included with other emissions of organic
material from the related emission source or air pollution con-
trol equipment in determining total emissions.
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i. Testing Method for Determination of Emissions of Organic
Material
The total organic material concentrations in an effluent
stream shall be measured by a Flame lonization Detector, or
by other methods approved by the Agency according to the pro-
visions of Part 1 of this Chapter.
j. Compliance Dates
1. Every owner or operator of a new emission source shall
comply with the standards and limitations of Rule 205
on the effective date of Part 2 of this Chapter.
2. Every owner or operator of an existing emission source
shall comply with the standards and limitations of
Rule 205 by December 31, 1973.
(50.5) Rule 206: CARBON MONOXIDE EMISSION STANDARDS AND LIMITATIONS
a. Fuel Combustion Emission Sources With Actual Heat Input
Greater Than 10 Million BTU per Hour
No person shall cause or allow the emission of carbon monoxide
into the atmosphere from any fuel combustion emission source
with actual heat input greater than 10 million BTU per hour
to exceed 200 ppm, corrected to 50 percent excess air.
b. Incinerators
No person shall cause or allow the emission of carbon monoxide
into the atmosphere from any incinerator to exceed 500 ppm,
corrected to 50 percent excess air.
Exception:
This Rule 206 (b) shall not apply to existing incinerators
burning less than 2,000 pounds of refuse per hour which are
in compliance with Rule 203 (e) (3).
c. Petroleum and Petrochemical Processes
No person shall cause or allow the emission of a carbon monoxide
waste gas stream into the atmosphere from a petroleum or petro-
chemical process unless such waste gas stream is burned in a
direct flame afterburner or carbon monoxide boiler so that the
resulting concentration of carbon monoxide in such waste gas
stream is less than or equal to 200 ppm corrected to 50 percent
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excess air, or such waste gas stream is controlled by other
equivalent air pollution control equipment approved by the
Agency according to the provisions of Part 1 of this Chapter.
d. Sintering Plants, Blast Furnaces and Basic Oxygen Furnaces
No person shall cause or allow the emission of gases contain-
ing carbon monoxide into the atmosphere from any sintering
plant, from any blast furnace, or from any basic oxygen fur-
•nace to exceed a concentration of 200 ppm, corrected to 50
percent excess air.
Exception:
This Rule 206 (d) shall not apply to blast furnaces during
abnormal movement of the furnace burden when it is necessary
to relieve pressure for safety reasons.
e. Cupolas
No person shall cause or allow the emission of gases containing
carbon monoxide into the atmosphere from any cupola with a
manufacturer's rated melt rate in excess of 5 tons per hour,
unless such gases are burned in a direct flame afterburner so
that the resulting concentration of carbon monoxide in such
gases is less than or equal to 200 ppm corrected to 50 per-
cent excess air qr such gas streams are controlled by other
equivalent pollution control equipment approved by the Agency
according to the provisions of Part 1 of this Chapter.
f. Measurement Methods
Carbon monoxide concentrations in an effluent stream shall
be measured by the Non-dispersive Infrared Method or by other
methods approved by the Agency according to the provisions
of Part 1 of this Chapter.
g. Compliance Dates
1. Every owner or operator of a new emission source shall
comply with the standards and limitations of Rule 206 by
the effective date of Part 2 of this Chapter.
2. Every owner or operator of an existing emission source
shall comply with the standards and limitations of
Rule 206 by December 31, 1973.
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(50.3) Rule 207: NITROGEN OXIDES EMISSION STANDARDS AND LIMITATIONS
a. New Fuel Combustion Emission Sources
No person shall cause or allow the emission of nitrogen
oxides into the atmosphere in any one hour period from any
new fuel-combustion emission source with an actual heat input
equal to or greater than 250 million BTU per hour to exceed
the following standards and limitations:
1. For gaseous fossil fuel firing, 0.20 pounds per million
BTU of actual heat input;
2. For liquid fossil fuel firing, 0.30 pounds per million
BTU of actual heat input;
3. For dual gaseous and liquid fossil fuel firing, 0.30
pounds per million BTU of actual heat input;
4. For solid fossil fuel firing, 0.7 pounds per million
BTU of actual heat input; and
5. For fuel combustion emission sources burning simultaneously
any combination of solid, liquid and gaseous fossil fuels
an allowable emission rate shall be determined by the
following equation:,
_ /0.3 (Pg + P^ + 0.7 Ps
\ Pg + PI + Ps
Where: E = Allowable nitrogen oxides emission rate
in pounds per hour;
Pg = Percent of actual heat input derived from
gaseous fossil fuel;
P.J = Percent of actual heat input derived from
liquid fossil fuel;
Ps = Percent of actual heat input derived from
solid fossil fuel;
Q = Actual heat input derived from all fossil
fuels in million BTU per hour.
Note:
PI + Ps + Pg = 100.0
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b. Existing Fuel-Combustion Emission Sources in the Chicago and
St. Louis MMA
No person shall cause or allow the emission of nitrogen oxides
into the atmosphere in any one hour period from any existing
fuel -combustion emission source with an actual heat input
equal to or greater than 250 million BTU per hour, located
in the Chicago and St. Louis (Illinois) major metropolitan
areas to exceed the following limitations:
1. For gaseous and/or liquid fossil fuel firing, 0.3 pounds
per million BTU of actual heat input;
2. For solid fossil fuel firing, 0.9 pounds per million BTU
of actual heat input;
3. For fuel combustion emission sources burning simultaneously
any combination of solid, liquid and gaseous fuel the
allowable emission rate shall be determined by the follow-
ing equation:
0.3 (Pg + P.
D + P. -
vg + Hi
. \ 4. o Q IP \
j / U« J7 V~e /
f"s
E = Allowable nitrogen oxides emission
in pounds per hour;
Pg = Percent of actual heat input de-
rived from gaseous fossil fuel;
P.,- = Percent of actual heat input de-
rived from liquid fossil fuel;
PS = Percent of actual heat input de-
rived from solid fossil fuel;
Q = Actual heat input derived from all
fossil fuels in million BTU per hour.
Note: PI + Ps + Pg = 100.0
c. Exceptions to Rule 207 (b)
Paragraph (b) of this Rule 207 shall not apply to existing
fuel combustion sources which are either cyclone fired boilers
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burning solid or liquid fuel, or horizontally opposed fired
boilers burning solid fuel.
d. Nitric Acid Manufacturing Processes
1. New Weak Nitric Acid Processes
No person shall cause or allow the emission of nitrogen
oxides into the atmosphere from any new weak nitric acid
manufacturing process to exceed the following standards
and limitations:
(A) 3.0 Pounds of nitrogen oxides (expressed as N02) per
ton of acid produced (100 percent acid basis);
(B) Visible emissions in excess of 5 percent opacity;
(C) 0.1 pounds of nitrogen oxides (expressed as Nt^)
per ton of acid produced (100 percent acid basis)
from any acid storage tank vents.
2. Existing Weak Nitric Acid Processes
No person shall cause or allow the emission of nitrogen
oxides into the atmosphere from any existing weak nitric
acid manufacturing process to exceed the following standards
and limitations:
(A) 5.5 pounds of nitrogen oxides (expressed as N02) per
ton of acid produced (100 percent acid basis);
(B) Visible emissions in excess of 5 percent opacity;
(C) 0.2 pounds of nitrogen oxides (expressed as NOp) per
ton of acid produced (100 percent acid basis) from
any acid storage tank vents.
3. Concentrated Nitric Acid Processes
No person shall cause or allow the emission of nitrogen
oxides into the atmosphere from any concentrated nitric
acid manufacturing process to exceed the following
standards and limitations:
(A) 3.0 pounds of nitrogen oxides (expressed as N02) per
ton of acid produced (100 percent acid basis);
(B) 225 ppm of nitrogen oxides (expressed as NOp) in any
effluent gas stream emitted into the atmosphere;
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(C) Visible emissions in excess of 5 percent opacity.
4. Nitric Acid Concentrating Processes
No person shall cause or allow the emission of nitrogen
oxides into the atmosphere from any nitric acid concen- '
trating process to exceed the following limitations:
(A) 3.0 pounds of nitrogen oxides (expressed as NC^) per
ton of acid produced (100 percent acid basis);
(B) Visible emissions in excess of 5 percent opacity.
e. Industrial Processes: General
1. New Industrial Processes
No person shall cause or allow the emission of nitrogen
oxides into the atmosphere from any new process producing
products of organic nitrations and/or oxidations using
nitric acid to exceed the following standards and limi-
tations:
(A) 5.0 pounds of nitrogen oxides (expressed as NOg) per
ton of nitric acid (100 percent acid basis) used in
such new process.
(B) Visible emissions in excess of 5 percent, opacity. ,
2. Existing Industrial Processess
No person shall cause or allow the emission of nitrogen
oxides into the atmosphere from any existing process pro-
ducing products of organic nitrations and/or oxidations
using nitric acid to exceed 10.0 pounds of nitrogen oxides
(expressed as N02) per ton of nitric acid (100 percent
acid basis) used in such process.
3. Exemption
Paragraphs (e) (1) and (e) (2) of this Rule 207 shall
not apply to any industrial process using less than 100
tons of nitric acid (100 percent acid basis) annually or
which produces less than 1 ton of nitrogen oxides
(expressed as N0£) per year.
f. Meaurement' Method'
» i
Measurement of nitrogen oxides shall be according to the
Phenol Disulfonic Acid Method as published in 36 Fed. Reg.
- 15718, Method 7.
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[ g. Compliance Dates
! 1. Every owner or operator of a new emission source shall
comply with the standards and limitations of Rule 207
j by the effective date of Part 2 of this Chapter.
i
2. Except as otherwise provided in paragraph (g) (3) of
I this Rule 207, every owner or operator of an existing
j emissions source shall comply with the standards and
i limitations of Rule 207 by December 31, 1973.
I : I :
3. Every owner or operator of an existing coal fired fuel
combustion emission source shall comply with the appli-
cable standards and limitations of Rule 207 by May 30,
j 1975.
(6.0) Rule 208: COMPLIANCE DATES
; Notwithstanding the issuance of an Operating Permit, no person shall
cause or allow the operation of an emission source which is not in
compliance with the standards and limitations set forth in the Part 2
after December 31, 1973, unless otherwise provided by a compliance
date specifically set forth for a particular category of emission
source in this Part 2.
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(4.0) PART III -AIR QUALITY STANDARDS
(2.0) Rule 303: NONDEGRADATIOfj
Existing ambient air quality which is better than the extablished
ambient air quality standards at the date of their adoption will
be maintained in its present high quality. Such ambient air quality
shall not be lowered unless and until it is proved to the Agency
that such change is justifiable as a result of necessary economic
and social development and will not interfere with or become in-
jurious to human health or welfare.
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(8.0) PART IV - EPISODES
(1.0) Rule 401: DEFINITIONS
All terms defined in Part 1 and Part 11 of this Chapter which appear
in Part IV of this Chapter have the definitions specified by Rule 101
of Part 1 of this Chapter and by Rule 201 of Part 11 of this Chapter.
a. Air Stagnation Advisory
A special bulletin issued by the National Weather Service
entitled "Air Stagnation Advisory", which is used to warn
air pollution control agencies that stagnant atmospheric
conditions are expected which could cause increased con-
centrations of air contaminants near the ground.
b. BTU
British Thernal Unit
c. COM:
Coefficient of Haze (per 1,000 linear feet). Particulate
matter as measured by the automatic paper tape sampler
method and reported as COH's. When particulate matter is
recorded on a weight per unit volume basis, the conversion
1 COM = 125 micrograms per cubic meter shall be employed.
d. Director
The Director of the Illinois Environmental Protection Agency.
e. Episode
The period of time at a location in which an air pollution
Watch, Yellow Alert, Red Alert, or Emergency has been de-
clared.
f. Fleet Vehicle
Any one of three or more vehicles operated for the transpor-
tation of persons or property in the furtherance of any
commercial or industrial enterprise, for-hire or not-for
h i re.
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g. Indirect Source
Any building, facility, plant, auditorium or other structure
or combinations thereof, or any street, road, or highway
or airport, which causes or contributes to air pollution
through the attraction of mobile air pollution emission
sources.
h. Level
The magnitude of pollution (expressed as average concentra-
tion, COM, or product) during a specified time period.
i. Low Sulfur Fuel
Any fuel containing 1.0 percent or less sulfur by weight.
j. Parking Lots
Parking lots shall include all lots, areas, buildings, or
facilities or portions of lots, areas, buildings or faci-
lities whose primary purpose is for the temporary parking
of motor vehicles.
k. Product
The arithmetic product of the average sulfur dioxide con-
centration in parts per million (ppm) during a specified
time period and the average particulate concentration in
COH'S during that same specified time period.
(2.0) Rule 402: GENERAL PROVISIONS
a. Responsibility of the Agency
The Director or his designated representative has sole
authority for the declaration of episode stages under these
rules. The Illinois Environmental Protection Agency has
primary responsibility for the conduct of air pollution
episode operations, including but not limited to air contami-
nant monitoring, source surveillance, and enforcement activi-
ties during air pollution episodes which affect any portion
of the State of Illinois. The Agency shall notify any
local agency assigned a significant episode control role
in the Illinois Air Pollution Implementation Plan prior to
the initiation, alteration, or termination of any episode
stage or control strategy in the jurisdictional area of any
such local agency.
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b, Determination of Required Actions
| To the maximum degree practicable, emission control actions
| taken pursuant to these rules shall be consistent with the
I extent of any air pollution Alert or Emergency.
1. When the existence of any episode stage is caused by one
or more specific emission sources, the Agency shall
require emission control action steps applicable only
to such source or sources to be taken.
2. When the existence of any episode stage is caused by
one or more, specific air contaminants, action shall be
i taken to reduce the concentration of such contaminant
or contaminants.
' 3. When motor vehicle emission control actions are required,
the Agency shall promptly declare the applicable episode
stage and phase actions so as to allow reasonable notice
and preparation for effective vehicle control actions.
! c. Determination of Atmospheric Conditions
I When determining expected atmospheric conditions, the Agency
; shall consider all available meteorological information, in-
; eluding but not limited to official National Weather Service
! observations, analyses, forecasts, and advisories, as well
i as meteorological data and reports from other sources. At-
j mospheric conditions shall include but not be limited to
! stagnation areas, weather fronts, pressure systems, inver-
! sions, precipitation and wind patterns and variations in
: solar insolation, temperature and atmospheric stability.
i
i d. Determination of Expected Contaminant Emissions
1 When determining expected contaminant emissions, the Agency
shall consider all available emission information, includ-
! ing but not limited to emission inventories for stationary
sources, pertinent emissions summaries, motor vehicle traffic
i patters, and known or estimated seasonal, daily, or hourly
variations in emission rates or traffic patters.
e. Monitoring
1. Monitoring stations used to determine Advisory, Watch,
Alert, or Emergency levels shall be located according
to Federal guidelines for establishment of air quality
surveillance networks and shall use measurement methods
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or equivalent methods as officially authorized by the
United States Environmental Protection Agency.
2. Whenever any monitoring station registers air conta-
minant concentrations in excess of Watch or Alert levels,
proper operation of the sampling equipment at such
stations shall be verified by the Agency or local agency
cooperating with the Agency before the concentrations
are used to declare any Advisory, Watch, Alert, or Emer-
gency stage.
f. Determination of Areas Affected
1. An Advisory or Watch shall be declared for the entire
Illinois portion of any Air Quality Control Region if
any part of such Region meets the Advisory or Watch
criteria. When atmospheric conditions and contaminant
emissions in a Region are such as to cause the Advisory
or Watch criteria to be met in another Region, an Ad-
visory or Watch shall be declared for both Regions.
2. An Alert or Emergency shall be declared for only those
.. portions of an Advisory or Watch area which meet the
applicable criteria of Rule 405 of this Part or cause
such criteria to be met elsewhere. When such criteria
have been met, sectors of the Advisory or Watch area re-
quiring Alert or Emergency actions shall be defined
depending upon expected atmospheric conditions, con-
taminant emissions, and dispersion analyses. Alerts or
Emergencies shall then be declared for one or more of
these sectors.
g. Failure to Comply With Episode Requirements
Failure to comply with an approved Episode Action Plan,
required actions listed in Tables 1-2 (Omitted) of this
Part, or the reasonable orders of the Director or his de-
signated representative during any Alert or Emergency shall
expose any person to the penalty provisions of the Illinois
Environmental Protection Act. In all cases, the reasonable
orders of the Director or his designated representative shall
take precedence over Episode Action Plans or requried actions
listed in Tables 1-2 (Omitted) of this Part, provided, how-
ever, that such orders shall not exceed that which is
authorized by these rules or by the Act.
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h. Sealing of Offenders
To the extent allowed by the Act, the Agency may seal any
facility, vehicle, vessel, aircraft, or equipment operated
in violation of this Part during any Alert or Emergency or
otherwise contributing to an immediate danger to health.
(15.0) Rule 403: LOCAL AGENCY RESPONSIBILITIES
Local air pollution control agencies shall cooperate with the Agency
in monitoring, surveillance, and enforcement activities to the extent
of their capabilities during any air pollution episode. This
cooperation shall meet the following specific conditions:
a. Operation of Monitoring Equipment
At any time other than during an episode, local agencies
with real-time monitoring equipment shall operate all such
monitoring equipment at a minimum level necessary to determine
whether any level of air contaminants specified in this Part
has been reached.
b. Reporting Levels to Agency
Such local agencies shall report to the Agency Emergency
Action Center within thirty (30) minutes by either telephone
or telemetry when any Advisory, Watch, Alert, or Emergency
level specified in this Part has been reached as indicated
on their air monitoring equipment.
c. Operation of Telemetry Equipment
Local agencies with air contaminant sampling networks con-
nected by telemetry with the headquarters of the Agency shall
conduct their operations in such a manner as to provide valid
data to the Agency.
d. Agency Representatives at Local Agency Control Centers
In regions where local agencies are participating with the
Agency in episode control activities, one or more Agency
representatives may station themselves at the control center
of the local agency during an air pollution episode. The
Agency representatives shall have authority to cause data
to be transmitted by telephone or other rapid form of
communication to Agency headquarters and after consultation
with said local agency to require the initiation, alteration,
or termination of control strategy by persons required to take
action under this Part as directed by the Director.
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e. Local Agency Episode Operations Plan
Local agencies participating with the Agency in episode
control activities shall file for approval with the Agency
an episode operations plan which describes procedures for
obtaining and processing Episode Action Plans, monitoring
air contaminant levels during routine and episode opera-
tions, alerting the public, governmental officials, emis-
sion sources and other interested parties of episode stages,
and performing surveillance and enforcement activities
during episodes./
(8.0) Rule 404: AIR POLLUTION EPISODE ACTION PLANS
a. Requirement for Plans
Within 180 days following the effective date of this Part,
all persons responsible for the operation of a facility
of a type set forth in Paragraph.(b) of this Rule 404 shall
have on file with the Agency written Episode Action Plans
(hereafter called Plans), consistent with safe operating
procedures, for reducing the levels of air contaminants
during Yellow Alerts, Red Alerts, and Emergencies. These
Plans shall be designed to reduce air contaminants in
accordance with the provisions of these rules and shall be
on forms designed by the Agency. Further guidelines inter-
preting these requirements may be developed by the Agency
and shall be filed with the Index Division of the Office of
the Secretary of State.
v -
b. Facilities For Which Action Plans Are Required
1. Electric power generating stations burning fossil fuels.
2. Facilities having fuel combustion emission sources with
a total rated heat input in excess of 10 million BTU/hr
burning coal or fuel oil, other than those sources
exempted from permit requirements by Rule 102 (i) (3)
of Part 1 of this Chapter.
3. Facilities emitting more than 100 tons per year or 550
pounds per operating day of sulfur dioxide, carbon
monoxide, nitrogen oxides, particulate matter, organic
material, or of any other air contaminant designated by
the Agency as harmful to human health.
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4. Governmental or commercial installations established
primarily for the burning of refuse.
5. Parking lots located in major metropolitan areas having
spaces for more than 200 vehicles; except for those lots
predominantly serving residences, medical facilities,
rail, bus, and air transportation terminals, grocery
stores and pharmacies, lots provided by employers pri-
marily for their employees, and comparable lots as de-
signated by the Agency.
6. Fleet vehicle operations of 50 or more vehicles in a
major metropolitan area except those used for delivery
of grocery, pharmaceutical and medical products.
7. Local, state, and federal government agencies employing
more than 100 employees in a major metropolitan area.
8. State, county, and municipal offices which have respon-
sibility for road repair in a major metropolitan area.
9. Other governmental, industrial, or commercial estab-
lishments or activities classified by the Agency as
significant direct or indirect sources of air contami-
nant emissions.
c. Submission of Plans
1. Plans required by this Rule shall be submitted to:
(A) The Agency for facilities in Illinois located out-
side of Cook County.
(B) The Cook County Department of Environmental Control
for facilities located in Cook County and outside
of the City of Chicago.
(C) The Chicago Department of Environmental Control for
facilities located within the City of Chicago.
2. At any time after the effective date of this Part, with-
out regard to the 180-day limitation of Rule 404 (a),
the Agency may request Plans from all persons required
to submit Plans or a local agency specified above may
request Plans from persons required to submit Plans to
to such local agency. In such cases. Plans shall be
submitted to the requesting agency within 30 days after
receipt of written notification that such Plans must be
submitted.
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3. If any person required to submit a Plan or revise a Plan
fails to submit a Plan or revise a Plan satisfactory to
the Agency, the Agency may file a formal complaint with
the Board pursuant to applicable portions of the Act.
4. Facilities having operational changes invalidating
Plans shall within thirty (30) days of such changes sub-
mit a new plan for Agency approval.
d. Contents of Plans
1. Plans shall list all significant sources of air contami-
nants within the facility; shall describe the manner in
which contaminant emissions will be reduced during Yellow
Alert, Red Alert, and Emergency; and shall specify the
approximate magnitude of the reduction of emissions that
will be achieved.
2. Plans for all electric power generating stations and
for all facilities located in the Chicago, Peoria or St.
Louis (Illinois) Major Metropolitan Areas having fuel
combustion emission sources required to take action
during Yellow Alert to reduce sulfur dioxide emissions
shall specify either the means whereby a supply of low
sulfur fuel adequate for at least four days operation
will be assured, or an emissions reduction plan to lower
sulfur dioxide emissions to those which would be dis-
charged if a switch1 to such fuel were effected.
3. Plans for parking lots shall list the major facilities
serviced by the lot, the total parking capacity and the
estimated average number of vehicles utilizing the lot
each day. Plans shall describe the manner in which an
orderly curtailment of parking will be effected on the
first day and closure on the second calendar day of the
applicable alert, including a method by which unautho-
rized use of the lot will be prevented. If the lot
services grocery stores, pharmacies, medical offices,
or clinics, or other essential facilities as designated
by the Agency, procedures for allowing use of the lot
to employees and patrons of such facilities shall be
included in the Plan.
4. Plans for'fleet vehicle operations shall include the
numbers and types of vehicles in the fleet and the
estimated average number of vehicle miles operated in
the major metropolitan area to which the Plan applies.
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Plans shall describe the manner in which an orderly
curtailment of operations will be effected on the first
day and cessation on the second calendar day of the
applicable alert. If fleet vehicle operations in-
clude .delivery of food, medicine, or perishable goods
or emergency or necessary maintenance services of any
kind, Plans shall include procedures for exempting
such services from curtailment and cessation.
5. Plans for government agencies shall include types of
services' rendered, number and location of employees en-
gaged in such services, and the estimated number of
employees driving to offices or driving in performance
of the services. Plans shall include the methods by
which orderly cessations of non-essential services will
be effected to meet the requirements of Tables 1-2
(Omitted) of this part. Where government agencies are
engaged in essential services. Plans shall indicate the
nature and magnitude of the services and procedures to
exempt such services from cessation during any Alert or
Emergency.
e. Processing Procedures
1. Local Agencies designated to receive and evaluate
Episode Action Plans required by this Rule shall file
such Plans with the Agency within 30 days following
their receipt.
2. If any Plan does not conform with or effectively im-
plement the requirements of this Part, the Agency shall
disapprove the Plan, state the reasons for disapproval,
and require the Plan to be revised.
3. During Alerts or Emergencies, Plans required by this
Part shall be made available at the facility in question
to any person authorized to carry out the provisions of
this Part.
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(8.0)
Rule 405: CRITERIA FOR DECLARING EPISODE STAGES
a. Watch, Alert, and Emergency Levels
Averaging Yellow Red
Pollutant Time Advisory Watch Alert Alert Emergency
Sulfur
dioxide (ppm)
Parti cul ate
Matter
Product
(S02 x Parti cu-
late Matter)
Carbon
Monoxide (ppm)
Ozone (ppm)
Nitrogen
dioxide (ppm)
2-hour
4-hour
2-hour
24-hour
2-hour
4-hour
24-hour
2-hour
8- hour
2-hour 07
1-hour
2-hour
1-hour
24-hour
0.30 - - -
- ' '0.30 0.35 . 0.40
5.0 , -
3.0 5.0 7.0
1.0
1.0 2.0 2.4
0.20 0.80 1.20
30 - . -
15 30 40
0.17 0.30 0.50
0.40 - -
0.60 1.20 1.60
G.15 0.30 0.40
b. Requirements for Declaring an Advisory or a Watch ;
The Director or his designated representative shall declare an
air pollution Watch or in the case of ozone, an Advisory
whenever:
1. An Air Stagnation Advisory is received for any area within
the State, or
2. Any Advisory, Watch or Yellow Alert level is equaled or
exceeded at any monitoring station; and
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3. (A) Atmospheric conditions, or expected contaminant
emissions, are such that concentrations can reasonably
be expected to remain at or above the Watch or Yellow
Alert level for twenty-four (24) or more hours; or
(B) For ozone, atmospheric conditions, or expected con-
taminant emissions, are such that concentrations can
reasonably be expected to reoccur at an Advisory, or
Yellow Alert level on the following calendar day.
c. Requirements for Declaring a Yellow Alert
The Director or his designated representative shall
declare a Yellow Alert whenever:
1. Any Yellow Alert level is equaled or exceeded at any
monitoring station; and
2. An air pollution Advisory or Watch has been in effect for
four (4) hours in the area for which the Yellow Alert is
to be declared; and
3. (A) Atmospheric conditions, or expected contaminant
emissions, are such that concentrations can reasona-
bly be expected to remain at or above the Yellow
Alert level for twelve (12) or more hours; or
(B) For ozone, atmospheric conditions, or expected con-
taminant emissions, are such that concentrations can
reasonably be expected to reoccur at a Yellow Alert
level on the following calendar day.
d. Requirements for Declaring a Red Alert
The Director or his designated representative shall declare
a Red Alert whenever:
1. Any Red Alert level is equaled or exceeded or any Yellow
Alert level has been equaled or exceeded continuously for
the preceding twenty-four (24) hour period at any monitor-
ing station; and
2. A Yellow Alert has been in effect for four (4) hours in
the area for which the Red Alert is to be declared; and
3. (A) Atmospheric conditions, or expected contaminant
emissions, are such that concentrations can reasonably
be expected to persist for twelve (12) or more hours;
or
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(B) For ozone, atmospheric conditions, or expected con-
taminant emissions, are such that concentrations can
reasonably be expected to reoccur at a Red Alert level
on the following calendar day.
e. Requirements for Declaring an Emergency
The Director or his designated representative shall declare
an Emergency whenever:
1. Any Emergency level is equaled or exceeded or any Red Alert
level has been equaled or exceeded continuously for the
preceding twenty-four (24) hour period at any monitoring
station; and
2. A Red Alert has been in effect for twelve (12) hours in
the area for which the Emergency is to be declared; and
3. (A) Atmospheric conditions, or expected contaminant
emissions, are such that concentrations can reasonably
be expected to persist or increase for twelve (12) or
more hours; or
(B) For ozone, atmospheric conditions, or expected con-
taminant emissions, are such that concentrations can
reasonably be expected to reoccur at an Emergency level
on the following calendar day.
f. Requirements for Terminating Watch, Alert, and Emergency Stages
The Director or his designated representative shall terminate
any Watch, Alert, or Emergency stage when the applicable level
specified in Rule 405 (a) of this Part no longer prevails and
when in his judgment atmospheric conditions and expected con-
taminant emissions are such as to warrant discontinuance or
lowering of that Watch, Alert, or Emergency stage.
(8.0) Rule 406: DECLARATION OF STAGES
I '
a. Public, Facilities, and Governmental Offices Notified
;
Whenever an Advisory, a Watch, Alert, or Emergency stage is
declared or terminated, the Agency or local agency designated
by the Agency shall notify:
1. Concerned personnel of the Agency and of federal, local,
and other State agencies;
2. Facilities required to make preparations or take actions
of major emission reducing consequence;
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3. The public by radio, television, and other means of rapid
communication.
b. Contents of Episode Stage Notifications
Notifications shall contain: time and date of issuance, the
names of agencies or persons responsible for issuance, and
the beginning and expected ending time of any Watch, Alert,
or Emergency stage. Alert and Emergency notifications shall
also contain details about the pollutant(s) for which notifi-
cation is made, such as maximum pollutant levels reached and
predicted, geographical areas affected, specific pollution-
reducing instructions to the public and to direct or indirect
sources of air contaminants, as well as advice to persons who
may be affected by the elevated pollution levels.
(8.0) Rule 407: ACTIONS DURING EPISODE STAGES
a. Watch and Advisory Actions
When an air pollution Advisory or Watch is in effect, the
Agency and local agencies designated by the Agency shall:
1. Coordinate their activities and place their operational
staffs in a state of increased readiness except that in
the event of an Advisory the Agency need not monitor on
a 24-hour basis.
2. Promptly verify the operation of their air monitoring
instrument networks and monitor data from such instrument
networks during all periods when there is reasonable like-
lihood of Yellow Alert levels occurring;
3. Evaluate atmospheric conditions and contaminant emissions
data and monitor changes in such conditions and data
during all periods when there is reasonable likelihood of
Yellow Alert levels occurring.
b. Yellow Alert, Red Alert, and Emergency Actions
When a Yellow Alert, Red Alert, or Emergency is in effect,
personnel of the Agency, local agencies designated by the
Agency, direct and indirect emission sources, and such other
persons as are required to take actions according to this
Part shall take all actions required of them in Tables 1-2
(Omitted) insofar as such actions are applicable to the de-
clared episode stage and contaminant or product for which the
episode stage has been declared.
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1. Actions by local agencies designated by the Agency shall
be in accordance with their Episode Action Plan if such
Plan has been approved by the Agency.
2. Actions by direct or indirect sources of emissions shall
be in accordance with their Episode Action Plan if such
Plan has been approved by the Agency.
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TABLE 1
REQUIRED EMISSION REDUCTION ACTIONS
- OZONE -
1. GENERAL
Yellow Alert - All Advisory Actions continue.
Government officials, public and submitters of Action Plans notified.
Red Alert - All Advisory and Yellow Alert actions continue.
j Government officials, public, and submitters of Action Plans notified.
I
; Emergency - All Advisory, Yellow Alert, and Red Alert actions continue.
j Government officials, public, and submitters of Action Plans notified.
I
| 2. VEHICLES PARKING LOTS ROAD REPAIRS
Yellow Alert - Public requested to avoid the unnecessary use of
automobiles.
\ Red Alert - Fleet vehicles, other than mass transit vehicles and
| . vehicles used for the delivery of grocery and pharmaceutical pro-
ducts, essential fuel, for emergency medical services and for such
, comparable uses as designated by the Agency, immediately curtail
1 operations to the greatest extent possible in or into the area
I affected by the Red Alert and cease operations on the second calen-
; dar day of the Alert.
I Parking lots for more than 200 vehicles, except for lots predomin-
ately serving residences, grocery stores, medical facilities, rail,
bus and air transportation terminals, lots provided by employers
, primarily for employees, and comparable lots as designated by
the Agency shall immediately curtail operations and close on the
second calendar day of the Alert.
Road repair and maintenance not necessary for immediate safety and
I which, if suspended, will expedite the flow of vehicular traffic
i is prohibited.
Emergency - Motor vehicle operation in or into the area affected
by the Emergency is prohibited except for essential uses such
as police, fire, and health services, and comparable uses designa-
ted by the Illinois Emergency Highway Traffic Regulation Plan. All
aircraft flights leaving the area of the Emergency are forbidden
except for reasons of public health or safety.
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3. MANUFACTURING AND OTHER FACILITIES HAVING PROCESS EMISSION SOURCES
Yellow Alert - Facilities engaged in manufacturing review opera-
tions and Action Plans, inspect emission control devices, deter-
mine areas of delayable operations; and from such steps revise
operations so as to cause greatest feasible reduction in emis-
sions short of adversely affecting normal production.
Red Alert - All facilities with process or fuel combustion emis-
sion sources emitting a total of more than 100 tons per year or
550 pounds per operating day of organic material or of nitrogen
oxides, and all other facilities not in compliance with the or-
ganic material and nitrogen oxides emissions standards of Part 2
of this Chapter, curtail all such sources to the greatest extent
possible short of causing injury to persons, severe damage to
equipment, or an increase in emissions.
Emergency - All operations curtailed to the greatest extent possible
short of causing injury to persons or severe damage to equipment.
4. ELECTRIC POWER GENERATORS AND USERS
Yellow Alert - Electric Power generating stations burning fossil
fuels requested to reduce emissions in and into the affected area
to the greatest extent practicable by adjusting operations system
wide or by any other means approved by the Agency.
Public request to avoid unnecessary use of electricity.
Red Alert - Electric power generating stations burning fossil fuels
required to take all Yellow Alert Actions and in addition dis-
continue power generation for economy sales and service to inter-
ruptable customers, and maximize purchase of available power.
Unnecessary use of electricity, such as for decorative or adver-
tising purposes is prohibited.
Emergency - Electric power generating stations burning fossil fuel
continue Yellow Alert and Red Alert actions and in addition,
effect the maximum feasible reduction or emissions by reducing
voltage 2.5% system wide, purchase all available emergency power,
and requesting large customers (500 kw) to reduce their electric
demand or by any other means approved by the Agency.
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5. OFFICES, BUILDINGS, AND OTHER COMMERCIAL & SERVICES OPERATIONS
Yellow Alert - Public requested to limit space heating to 65°F;
air conditioning to 80°F.
Red Alert - Public, industrial and commercial space heating limited
to 65UF, air conditioning to 80°F except for hospitals and for
other buildings approved by the Agency.
Government agencies except those needed to administer essential
programs close.
Schools close except elementary schools, which close at the end
of the normal school day and do not reopen until the Alert is
terminated.
The loading of more than 250 gallons of volatile organic material
into any stationary tank, railroad tankcar, tank truck, or tank
trailer is prohibited except where an integral part of an indus-
trial operation allowed during Red Alert.
Emergency - All facilities or activities listed below immediately
cease operations; mining & quarrying, contract construction work,
wholesale trade establishments, retail trade stores except those
dealing primarily in the sale of food or Pharmaceuticals, real
estate agencies, insurance offices and similar businesses, laundries,
cleaners and dryers, beauty and barber shops and photographic
studios. Amusement & recreational service establishments such as
motion picture theaters, automobile repair and automobile service
garages. Advertising offices, consumer credit reporting, ad-
justment and collection agencies, printing and duplicating services,
rental agencies and commercial testing laboratories.
6. REFUSE BURNERS
Yellow Alert - Governmental or commercial installations established
primarily for the burning of refuse shall postpone delayable in-
cinerations, all other incineration and all open burning prohibited.
Red Alert - All incineration prohibited.
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TABLE 2
REQUIRED EMISSION REDUCTION ACTIONS*
- SULFUR DIOXIDE, PARTICULATE, PRODUCT,
NITROGEN DIOXIDE, AND CARBON MONOXIDE -
YELLOW ALERT
1. The Agency shall notify the public by radio and/or television that
a Yellow Alert is in effect; that the public is required to take
action in accordance with these regulations; that the public is
requested to avoid the unnecessary use of automobiles and of elec-
tricity; and that persons suffering from respiratory or heart con-
ditions should take appropriate precautions.
2. Electric power generating stations shall effect the maximum feasible
reduction of emissions by utilizing fuels which have low ash con-
tent and less than 1.0% sulfur by weight (1.5% in the case of fuel
oil), provided, however, that emissions from such stations shall
not exceed the applicable emission standards and limitations of
Rule 204 Part 11 of this Chapter; by limiting soot blowing and
boiler lancing, where essential, to periods of maximum atmospheric
turbulence; by diverting power generation to stations outside the
area for which the Alert is in effect; or by any other means
approved by the Agency. Such actions will be in accordance with
the Yellow Alert Plan if such plan has been approved for that
station.
3. Facilities having fuel combustion emission sources with a total
rated capacity in excess of 10 million BTU/hr and burning coal
and/or fuel oil shall reduce emissions by utilizing fuels which
have low ash content and less than 1.0% sulfur weight (1.5% in
the case of fuel oil) provided, however, that emissions from such
facilities shall not exceed the applicable emission standards
and limitations of Rule 204 Part 11 of this Chapter; by limiting
soot blowing and boiler lancing, where essential,' to periods of
high atmospheric turbulence; or by any other means approved by the
Agency. If fuels of low ash and sulfur content are not available,
such facilities with the exemption of residences, hospitals* and
other essential facilities as designated by the Agency, shall
curtail fuel burning to the maximum degree consistent with avoiding
injury to persons or severe damage to property. Such actions will
be in accordance with the Yellow Alert Plan if such plan has been
approved for that facility.
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fi
I
4. Facilities engaged in manufacturing required to submit Yellow
Alert plans shall curtail or defer production and allied opera-
tions to the extent necessary to avoid emissions in excess of
those which would be discharged if the facility were operated
in accord with the limitations prescribed by the regulations
limiting emissions, insofar as such reductions can be achieved
without creating injury to persons or severe damage to property.
Such reductions shall be made notwithstanding any variance or
program of delayed compliance with the regulations, and shall be
in accord with the Yellow Alert plan if such plan has been
approved for that facility.
5. All open burning and all incineration except as provided below are
provided. Certain burning of explosive or pathological wastes
may be exempted from this restriction by the Agency in writing
upon specific written application.
6. Incinerators meeting the emission standards and limitations of
this Chapter may be operated only during the hours of maximum
atmospheric turbulence as designated by the Agency.
RED ALERT
1. All actions required during the Yellow Alert shall be continued.
[ 2. The Agency shall notify the public by radio and/or television
1 that a Red Alert is in effect; that the public is required to
\ ' take action in accordance with these regulations; that the public
\ . is requested to avoid the unnecessary use of automobiles and of
electricity; and that persons suffering from respiratory or heart
; ; conditions should take appropriate precautions.
3. All incineration and all open burning are prohibited. Certain
i burning of explosive or pathological wastes may be exempted from
I these restrictions by the Agency in writing upon specific written
! application.
j 4. Facilities engaged in manufacturing and required to submit Red
, Alert Plans shall curtail any production, including the genera-
' tion of process steam, which emits contaminants into the atmosphere,
! to the greatest extent possible without causing injury to persons
I or severe damage to equipment. Such action shall be in accordance
• with the Alert Plan if such plan has been approved for that
i facility.
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EMERGENCY
1. All actions required during the Yellow Alert and Red Alert shall
be continued.
2. The unnecessary use of electricity, such as for decorative or
amusement purposes, is prohibited.
3. The use of motor vehicles is prohibited except for essential uses
such as police, fire and health services, delivery of food or
essential fuel, waste collection, utility or pollution control
emergency repairs, and such comparable uses as may be designated
by authorized Highway and Law Enforcement Officials in accordance
with the Illinois Emergency Highway Traffic Regulation Plan.
4. All aircraft flights leaving the area of the Emergency are forbidden
except for reasons of public health or safety as approved by the
Agency in advance.
5. Buildings shall be maintained at temperatures no greater than 65°F.
except for hospitals and for other buildings approved by the
Agency for reasons of health or severe damage to property.
6. All manufacturing activities shall be curtailed to the greatest
extent possible without causing injury to persons or severe damage
to equipment.
7. All facilities or activities listed below shall immediately cease
operations:
Mining and quarrying, contract construction work, and wholesale
trade establishments.
Schools, except elementary schools which shall close at the end
of the normal school day and not re-open until the Emergency is
.terminated.
Government agencies except those needed to administer air pollution
alert programs and other essential agencies determined by Agency
to be vital for public safety and welfare.
Retail trade stores except those dealing primarily in the sale of
food or pharmacies.
Real estate agencies, insurance offices and similar business.
.*During each stage only those actions which cause a reduction of
emissions of contaminants for which such stage has been declared
are required, c.f. Rules 402 and 407 b.
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Laundries, cleaners and dryers, beauty and barber shops and photo-
graphic studios.
Amusement and recreational service establishments such as motion
picture theaters.
Automotive repair and automobile service garages.
Advertising offices, consumer credit reporting, adjustment and
collecting agencies, printing and duplicating services, rental
agencies, and commercial testing laboratories.
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COOK COUNTY AIR POLLUTION
CONTROL ORDINANCE
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(2.0) ARTICLE I - TITLE
This ordinance shall be hereafter known, cited, and referred to as:
The Cook County Air Pollution Control Ordinance
i
; -98-
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(2.0) ARTICLE II - INTENT AND PURPOSE
This Air Pollution Control Ordinance is adopted for the following
purposes:
1. To promote and to protect the public health, safety,
comfort, convenience, and the general welfare of the
people.
2. To protect residential, business, and manufacturing areas
alike from the harmful effects of air-borne pollutants.
3. To insure high standards of light and air in areas where
people live and work.
4. To maintain and improve accepted air pollution control
practices.
5. To control emissions from all potential hazards or
nuisances.
6. To define the powers and duties of the administrative
officers and bodies, as provided hereinafter.
7. To provide for the establishment of a schedule of fees.
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(1.0) ARTICLE III - RULES AND DEFINITIONS
(2.0)
In the construction of this ordinance the rules and definitions con-
tained in this Article shall be observed and applied, except when
the context clearly indicates otherwise.
(2.0) 3.1 Rules
3.1-1 Words used in the present tense shall include the future
tense, and words used in the singular number shall include
the plural number, and the plural the singular.
3.1-2 The word "shall" is mandatory and not discretionary.
3.1-3 The word "may" is permissive.
3.1-4 The masculine gender include the feminine and the neuter.
3.1-5 The phrase "used for" shall include the phrases "arranged
for", "designed for", "intended for", "maintained for",
and "occupied for".
(1.0) 3.2 Definitions
a. Air Contaminant
Air contaminant means and includes, but is not limited to, the
following: dust, soot, mist, smoke, fumes, fly ash, vapor,
corrosive gas, or other discharge, and any other airborne
material or substance that is offensive, nauseous, irritating,
or noxious to humans or other animal life.
b. Ashes
Ashes shall include cinders, fly ash, or any other solid material
resulting from combustion, and may include unburned combustibles.
c. Atmospheric Pollution
Atmospheric Pollution is the discharging from stacks, chimneys,
exhausts, vent, ducts, openings, buildings, structures, pre-
mises, open fires, portable boilers, vehicles, processes, or
any other source of any smoke, soot, fly ash, dust, cinders, dirt,
noxious or obnoxious acids, fumes, oxides* gases, vapors, odors,
toxic or radioactive substances, waste, particulate, solid,
liquid or gaseous matter, or any other materials in such place,
manner, or concentration as to cause injury, detriment, nuisance,
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or annoyance to the public, or to endanger the health, com-
fort, safety, or welfare of the public, or in such a manner
as to cause injury or damage to business property.
d. Boat
Boat shall include all ships, vessels, boats, floating equip-
ment, floating structures, or any device operating, existing,
anchored, or moored upon the surface of the water.
e. Bureau
Bureau, as used in this ordinance, shall mean the Cook County
Air Pollution Control Bureau.
f. Cinders
Cinders are particles not ordinarily considered as fly ash
or dust because of their greater size; and consisting essen-
tially of fused ash and/or unburned matter.
g. Cook County
Cook County, as used in this ordinance (with the exception
of the use of said words to describe or, identify the Govern-
ment or Board of Commissioners thereof), shall mean all the
territory in said County exclusive of the City of Chicago
and such municipalities certified as exempt from State regu-
lation by the Illinois State Air Pollution Control Board.
h. Director
Director, as used in this ordinance, shall mean the Director
of the Bureau, enforcing officer of the ordinance.
i. Dust
Dust is solid particulate matter released into the air by
natural forces, or by any fuel burning^ combustion, or pro-
cess equipment, or device, or by construction work, or by
mechanical or industrial processes, such as crushing, grind-
ing, milling, drilling, demolishing, shoveling, bagging,
sweeping, covering, conveying, transferring, transporting,
and the like.
j. Equivalent Opacity
Equivalent Opacity is the light obscuration of smoke other than
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gray or black, that corresponds to the obscuration as de-
scribed on the Ringelmann Chart.
k. Fly Ash
Fly Ash is solid participate matter from a combustion pro-
cess capable of being gas-borne or air-borne and consisting
essentially of fused ash and/or burned or unburned material.
1. Fuel
Fuel shall include any form of combustible matter - solid,
liquid, vapor, or gas.
m. Fuel-Burning, Combustion, or Process Equipment or Device
Fuel-Burning, Combustion, or Process Equipment or Device is
any furnace, incinerator, fuel-burning equipment, refuse-
burning equipment, boiler, apparatus, device, mechanism, fly
ash collector, electrostatic precipitator, smoke arresting
or prevention equipment, stack, chimney, breeching, or
structure, used for the burning of fuel or other combustible
material, or for the emission of products of combustion, or
used in connection with any process which generates heat and
may emit products of combustion; and shall include process
furnaces, such as heat treating furnaces, by-product coke
plants, core-baking ovens, mixing kettles, cupolas, blast
furnaces, open hearth furnaces, heating and reheating furnaces,
puddling furnaces, sintering plants, bessemer converters, elec-
tric steel furnaces, ferrous foundries, non-ferrous foundries,
kilns, stills, dryers, roasters, and equipment used in
connection therewith, and all other methods or forms of
manufacturing, chemical, metalurgical, or mechanical pro-
cessing which may emit smoke, or particulate, liquid, gaseous,
or other matter.
n. Fumes
Fumes are gases, vapors, or particulate matter that are of
such character as to cause atmospheric pollution.
o. Incinerator
Incinerator is a combustion apparatus designed for high temper-
ature operation in which solid, semi-solid, liquid or gaseous
combustible wastes are ignited and burned efficiently, and
from which the solid residues contain little or no combustible
material.
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p. 'Internal Combustion Engine
Internal Combustion Engine is an engine in which combus-
tion of gaseous, liquid, or pulverized solid fuel takes place
within one or more cylinders.
q. Noxious Matter or Materials
Noxious Matter or Materials is matter or material which is
capable of causing detrimental effects upon the physical or
economic well-being of individuals.
r. Odorous Matter
Odorous Matter is any matter or material that yields an odor
which is offensive in any way.
s. Open Burning
Open Burning is any fire or combustion process not conducted
in an apparatus designed for efficient combustion.
t. Participate Matter
Particulate Matter is material other than water, which is sus-
pended in or discharged into the atmosphere in a finely
divided form as a liquid or solid.
u. Person
Any individual, natural person, trustee, court appointed .
representative, syndicate, association, partnership, firm,
club, company, corporation, business trust, institution,
agency, government corporation, municipality, district or
other political subdivision, department, bureau, agency or
instrumentality of federal, state or local government, con-
tractor, supplier, vendor, installer, operator, user or
owner, or any officers, agents, employees, factors or any
kind of representatives of any thereof, in any capacity,
acting either for himself, or for any other person, under
either personal appointment or pursuant to law, or other
entity recognized by law as the subject of rights and duties.
The masculine, feminine, singular or plural is included in
any circumstances.
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v. Ringelmann Chart
Ringelmann Chart is one which is described in the U.S. Bureau
of Mines Information Circular 8333 Ringelmann Smoke Chart,
and on which are illustrated graduated shades of gray for use
in estimating the light-obscuring capacity of smoke.
w. Smoke Density
Smoke Density is the light-obscuring property of smoke measured
on the Ringelmann Chart.
x. Ringelmann Number
Ringelmann Number is the number appearing on the Ringelmann
Chart ascribed by the observer to the density or equivalent
opacity of the smoke emission. Where the density or opacity
of the smoke as observed falls between two consecutive Ringel-
mann Numbers, the lower Ringelmann Number shall be considered
the density or equivalent opacity of the smoke observed.
y. Smoke
Smoke consists of small gas-borne particles, other than water,
that form a visible plume in the air from a source of atmos-
pheric pollution.
z. Smoke Unit
Smoke Unit is the number obtained when the smoke density in
Ringelmann number is multiplied by the time of emission in
minutes. For the purpose of this calculation, a Ringelmann
density reading shall be made at least once a minute during
the period of observation; each reading (the average of all
readings made during any one minute) is then multiplied by
the time in minutes during which it was observed. The various
products are then added together to give the total number of
smoke units observed during the entire observation period.
aa. Soot
Soot consists of agglomerated particles composed essentially
of carbonaceous material.
bb. Standard Conditions
A gas temperature of 60 degrees Fahrenheit and a gas pressure
of 30 inches of mercury.
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cc. Toxic Matter or Materials
Toxic Matter or Materials are those materials which are capable
of causing injury to living organisms by chemical means when
present in relatively small amounts.
dd. Vehicle
Vehicle is a self-propelled mechanism, such as a truck,
machine, tractor, roller, derrick, crane, trencher, portable
hoisting engine, or automobile, or any conveyance used for
carrying persons or things.
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(2.0) ARTICLE IV - GENERAL PROVISIONS
(2.0) 4.1 Interpretation
4.1-1 In their interpretation and application, the provisions of
this ordinance shall be held to be the minimum requirements
for the promotion of the public health, safety, morals,
and welfare.
4.1-2 Where the conditions imposed by any provision of this or-
dinance are either more restrictive or less restrictive
than comparable conditions imposed by any other provision
of this ordinance or of any other applicable law, ordinance,
' resolution, rule, or regulation, the regulations which are
I more restrictive (or which impose higher standards or re-
quirements) shall govern.
4.1-3 This ordinance is not intended to abrogate any covenant or
any other private agreement, provided that where the re-
gulations of this ordinance are more restrictive (or impose
higher standards or requirements) than such covenant or
other private agreement, the requirements of this ordinance
shall govern.
i
3.1-4 Nothing contained in this ordinance shall be deemed to be a
! consent, license, or permit to locate, construct, or main-
! tain any building, structure, or facility, or to carry on
any trade, industry, occupation, or activity.
• 4.1-5 The provisions in the Cook County Air Pollution Control
Ordinance are accumulative and additional limitations upon
all other laws and ordinances heretofore passed or which
may be passed hereafter, covering any subject matter in
this ordinance.
I (2.0) 4.2 Separability
It is hereby declared to be the intention of the President and Board
i of Commissioners of Cook County that the several provisions of this
! ordinance be separable in accordance with the following:
4.2-1 If any court of competent jurisdiction shall adjudge any
provision of this ordinance to be invalid, such judgment
shall not affect any other provision of this ordinance not
specifically included in said judgment.
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4.2-2 If any court of competent jurisdiction shall adjudge invalid
the application of any provision of this ordinance to a
particular building, process, or source of emission, such
judgment shall not affect the application of said provision
to any other building, process, or source of emission not
specifically included in said judgment.
(2.0) 4.3 Scope of Regulation
The Cook County Air Pollution Control Ordinance shall be applicable
to all new and existing sources of air pollution or contamination
located in, or operated within, the boundaries of Cook County, except
within the corporate limits of the City of Chicago and such munici-
palities certified as exempt from State regulation by the Illinois"
State Air Pollution Control Board. This ordinance is designed to ,
lessen or prevent the discharge of air contaminants or pollutants
through the regulation of
a. The design and installation of accessory or appurtenant
parts and equipment of buildings and structures, and
the uses of land connected with the emission of air con-
taminants,
b. The operation or use of equipment and appliances
emitting air contaminants,
c. The conduct or carrying on of uses of land which cause
the emission of air contaminants,
d. The abatement of an operation, activity, or use causing
air contamination, and
e. The rules and regulations for controlling air pollution
episodes, as adopted by the State of Illinois Air
Pollution Control Board, shall apply. In the case of
overlapping or conflicting requirements, the more re-
strictive shall apply.
(7.0) 4.4 Report of Equipment Breakdown
In the event of unavoidable failure or breakdown of any fuel-burning,
combustion, or process equipment or device, or other circumstances
beyond the control of any person owning or operating such equipment,
including necessary shut-downs of smoke abatement or dust collection
equipment for purposes of maintenance or repair, which tends to pro-
duce unlawful emission of smoke, particulate, or other matter, the
owner or managing agent of such equipment or process shall immedi-
ately notify the Air Pollution Control Bureau of the County of Cook
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of such failure, breakdown, or other circumstance together with all
pertinent facts relating thereto, and a statement of the date upon
which the condition will be rectified, and shall also report to it
when such defect has been removed. Immunity from prosecution under
such circumstances shall be at the discretion of the Director of
the Bureau.
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(2.0) ARTICLE V - ADMINISTRATION AND ENFORCEMENT
(15.0)
(2.0) 5.1 The Air Pollution Control Bureau
There is hereby created the Air Pollution Control Bureau of the
County of Cook, as a subordinate and integral division of the Cook
County Building Department. Said Bureau is hereby vested with the
administration of this ordinance, and shall consist of the Director
of the Bureau, Assistant Director, Chief Air Pollution Inspector,
and such other officers and employees as the County Board of Com-
missioners may designate. The President of the Board of Com-
missioners of Cook County is hereby authorized to designate the
County Building Commissioner as Director of the Bureau, the Deputy
Building Commissioner as Assistant Director, and the Inspection
Supervisor as Chief Air Pollution Inspector, who shall exercise
the duties set forth in this ordinance and who shall serve in such
capacities without additional compensation. In addition, the Presi-
dent of the Board is hereby authorized to designate existing Build-
ing Department personnel as employees of the Air Pollution Control
Bureau.
5.1-1 Duties of the Director of the Bureau
The duties or functions of the Director shall be:
a. To supervise the execution of all laws, ordinances,
rules, and regulations pertaining to smoke abatement
and air pollution and contamination control;
b. To institute necessary proceedings to prosecute
violations of this ordinance and to compel the preven-
tion and abatement of the issuance of smoke or gases,
solids or liquids, or other matter causing air pollu-
tion, and nuisances arising therefrom;
c. To examine and approve the plans of fuel-burning, com-
bustion or process equipment or devices, furnaces, and
smoke prevention and air pollution control devices in-
stalled, constructed, reconstructed, repaired, or added
to, in any building, location, or on any premises as
herein provided to assure that they are in accordance
with the requirements of this ordinance;
d. To cause inspections to be made of fuel-burning, com-
bustion, or process equipment or devices, furnaces, and
smoke prevention and air pollution control devices;
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e. To investigate complaints of violations of this ordinance;
f. To encourage and conduct studies, investigations, and
research relating to the physical, chemical, engineering,
and meteorological aspects of air pollution, and its
causes, prevention, control, and abatement as he may
deem advisable and necessary;
g. To develop plans and proposals for joint cooperative
investigation and research with public and private agen-
cies and organizations on methods for eliminating or
reducing air pollution;
h. To enlist voluntary cooperation by the public, munici-
palities, counties, communities, and civic, technical,
scientific, and educational societies;
i. To advise, consult, and cooperate with other governmen-
tal agencies in the furtherance of the purposes of this
ordinance;
j. To collect, publish, and disseminate appropriate educa-
tional literature and other information to the public
for the purpose of advising of the necessity, purpose,
and methods for smoke control and air pollution pre-
vention and securing cooperation in the reduction of
emission of smoke and other air pollutants;
k. To institute such measures and prescribe such rules and
regulations for the control and guidance of his officers
and employees as shall secure maximum working efficiency,
including the careful examination of drawings and plans
and diligent inspection of all sources of emission;
1. To issue all permits, certificates, notices, or other
matters required under the provisions of this ordinance;
and to notify all persons concerned of any decision he
may render and to provide such persons with an opportunity
to be heard.
m. To promulgate and publish with the advice and consent of
the Technical Advisory Committee SUGGESTED GUIDELINES for
the purpose of abating pollution. These guidelines will
provide, with clarity and in detail, any information by
which an establishment is to be guided in the design and/
or operation of equipment or process.
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5.1-2 Duties of the Assistant Director
The Assistant Director shall act as Director of the Bureau
in the absence of the Director. While so acting he shall
discharge all the duties and possess all the powers imposed
upon, or vested in, the Director of the Bureau. The Assistant
Director shall, under the direction of the Director, exer-
cise general supervision of all matters pertaining to the
work of the Air Pollution Control Bureau.
5.1-3 Duties of the Chief Air Pollution Inspector
The Chief Air Pollution Inspector shall be in charge of
supervising and coordinating all inspection activities of
the Bureau. He shall make inspections of all newly installed,
constructed, reconstructed, repaired, or altered fuel-
burning, combustion, or process equipment or devices, furnaces,
and smoke prevention and air pollution control devices and
make annual or periodic inspections of all new and existing
equipment and devices to determine compliance with the pro-
vision of this ordinance. He shall investigate complaints
of violations of this ordinance and, in conjunction there-
with, make inspections and observations of air pollution
conditions.
(3.0) 5.2 Permits and Plans
5.2-1 Application for Installation Permit
No person shall construct, install, or alter (except in
accordance with paragraph 5-2-3, herein) any air pollution
control equipment or any fuel-burning, combustion, or pro-
cess equipment or any fuel equipment pertaining thereto
having a potential or capability of emitting air contami-
nants, for use within Cook County, except within the corpor-
ate limits of the City of Chicago and such municipalities
certified as exempt from State regulation by the Illinois
State Air Pollution Control Board, until an application
including suitable plans and specifications of the fuel- ^
burning equipment or structures or buildings used in con-
nection therewith has been filed in duplicate by the person
or his agent in the office of, and has been approved by,
the Director and an installation permit has been issued by
him for such construction, installation, or alteration.
5.2-2 Plans and Specifications
The above-mentioned plans and specifications shall show the
form, dimensions, and sufficient detail to describe the
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operating characteristics of all equipment set forth in
Section 5.2-1 of this ordinance. More particularly, the
proposed boiler, furnace, fuel burner, air pollution con-
trol equipment, stack, and ducts, together with the des-
cription and dimensions of the building or part thereof in
which such equipment is to be located, including the means
provided for admitting the air for combustion. The character
of the fuel to be used, the maximum quantity of such fuel
to be burned per hour, the operating requirements, and the
use to be made of the equipment shall be stated.
5.2-3 Minor Alterations and Emergency Repairs
a. Minor Alterations Exempted
Installation permits shall not be required for main-
tenance or minor alterations which do not change the
capacity of any fuel burning, combustion, or process
equipment, or adversely affect the emission of smoke,
dust, or fumes therefrom.
b. Emergency Repairs
Emergency repairs which would change the capacity of
any fuel burning, combustion, or process equipment,
or which would involve a change in the method of com-
bustion, or adversely affect the emission of smoke,
dust, or fumes therefrom, may be made prior to the
application for, and the issuance of, a required in-
stallation permit, in the event an emergency arises and
serious consequences would result if the repairs were
to be deferred. When such repair is made in emergency,
application for the installation permit thereof shall
be filed in duplicate by the person or his agency in
the office of the Director on the first business day
following the starting of such work.
5.2-4 Action on Application
An application shall be approved or rejected within 10
days after it is filed in the office of the Director. Upon
the approval of the application and upon the payment of the
prescribed fees, the Director of the Bureau shall issue a
permit for the construction, installation, or alteration
of such equipment.
5.2-5 Compliance with Approved Plans
Without the approval of the Director no construction, in-
stallation, or alteration shall be made which is not in
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accordance with the plans, specifications, and other
pertinent information upon which the installation permit
was issued.
5.2-6 Commencement of Work
If construction, installation, or alteration is not
started within one year of the date of the installation
permit, the permit shall become void and all fees shall
be forfeited.
5.2-7 Operating Permit
No person shall use or cause to be used any new or altered
fuel-burning, combustion, or process equipment or any equip-
ment pertaining thereto for which an installation permit
was required or was issued until an operating permit has
been issued by the Director, provided that where emergency
repairs have been made without an installation permit,
pursuant to paragraph 5.2-3, of this section, such equip-
ment may be operated without securing an operating permit
if serious consequences would result if the operation was
deferred. The application for an installation permit fol-
lowing such emergency repair and operation shall be accom-
panied by an application for an operating permit.
5.2-8 Subsequent Violation
The issuance by the Director of the Bureau of any installa-
tion permit or operating permit shall not be held to
exempt the person to whom the permit has been issued or
who is in possession of the same, from prosecution for the
emission of smoke, dust, and fumes prohibited by this
ordinance.
(15.0) 5.3 Enforcement
5.3-1 General
No installation or operating permit shall be approved or
issued until all applicable provisions of this ordinance
have been complied with.
5.3-2 Bureau Liability
In all cases where any action is taken by the Director of
the Bureau, or his duly appointed representative, to en-
force the provisions of this ordinance, such acts shall be
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done in the name of and on behalf of Cook County, and the
said Director or representative in so acting for the County
shall not render himself liable personally. He is hereby
relieved from all personal liability from any damage that
may accrue to persons or property as a result of any such
act committed in good faith in the discharge of his duties.
Any suit brought against said Director or his representa-
tive by reason thereof shall be defended by the States
Attorney's office. The director or his representative
shall be save harmless from all costs or fees arising from
such legal action.
5.3-3 Methods of Enforcement
a. Inspection
The Director of the Bureau shall provide for preliminary,
final, and annual inspections of all equipment pertain-
ing to air pollution.
1. Preliminary Inspection
The director shall conduct preliminary inspections
from time to time during construction of the work
for which he has issued an installation permit;
and he shall maintain a record of all such examina-
tions and inspections and of all violations of
this ordinance. The holder of the permit shall be
notified of any violations found,
2. Final Inspection
Upon completion of tha equipment for which an in-
stallation permit was issueds, and before issuance
of the operating permit required in section 5.2,
a final inspection shall be made and any violations
of the approved plans and installation permit, if
any, shall be noted and the holder of the permit
shall be notified of the discrepancies. All vio-
lations shall be corrected before issuance of the
operating permit.
3. Annual Inspection
An annual inspection of all fuel-burning and com-
bustion equipment exceeding 10 million (10,000,000)
BTU input per hour, all incinerators with a capacity
in excess of 500 pounds per hour, and all process
equipment or devices under the jurisdiction of this
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ordinance, whether or not a previous operating
permit has been issue,d by the Director, shall be
made to see that such equipment and plant can be
operated-within the provisions of the ordinance.
Upon notice that the equipment has been found to
comply with the provisions of the ordinance, and
after payment of the prescribed fee, the Director
shall issue a certificate of operation, which
shall be posted in a conspicuous place within the
plant. If, at the time of the annual inspection,
it is found that the equipment is in such condition
that it cannot be operated within the provisions
of the ordinance, the Director shall give notice
in writing to the person owning, operating, or in
charge of such equipment of the defects found and
order to correct, repair, or replace the defective
equipment. Failure to comply with this order
within 30 days from its date shall be a violation
of this section and the Director is hereby authorized
to seal the equipment. No person shall violate the
seal on any equipment that has been sealed at the
direction of the Director of the Bureau unless
authorized by him in writing to do so.
b. Sealing of Equipment
1. Citation, Hearing and Sealing
(a) After any person has been previously
notified of three (3) or more violations
of this ordinance within any consecutive
12 month period in respect to the emission
of smoke, participate, or other matter by
the same piece of equipment in excess of
the emission limitations herein provided
or in respect to violations of other re-
quirements provided in this ordinance,
such a person shall be notified in writing
to show cause before the Director on a
day certain, not less than 20 days from
date of service of such notice, why the
equipment or process causing such viola-
tions should not be sealed. This last
notice herein provided for may be given by
mail, directed to the last known address
of the person to be notified, or if such
person or his whereabouts is unknown, then
by posting a notice on or near the premises
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at which the violations shall have
occured. Upon the date specified in the
notice such person may appear at such
hearing in person or by representative,
with or without counsel. If such person
fails to appear at such hearing or if upon
such hearing the Director shall find and
determine that the violations are due to
defective equipment or equipment which is
incapable of being operated with the maxi-
mum emission limitations established by
or under this ordinance, or that corrective
measures previously ordered by the Director
have not been employed to eliminate the
causes producing the violations, he may
enter an order revoking any certificate
or permit outstanding for such equipment
or process and directing that the same be
sealed by an inspector or other authorized
agent of the Director. In making the
finding and determination hereinabove re-
ferred to, the Director shall, in the case
of smoke density or opacity measurements,
take into consideration whether the equip-
ment is capable of being operated within
the particulate matter limitations pro-
vided in Table 6 of this ordinance.
(b) Upon notice and hearing, if notice and
hearing has not previously been provided,
the Director may order that the use of any
fuel-burning, combustion, or process equip-
ment or device shall be discontinued and
may seal such equipment or process:
(i) When a certificate of operation is
refused in the case of any original,
annual, or subsequent inspection,
because the person required to pro-
cure such certificate has not com-
plied with the provisions of this
ordinance;
(ii) In the case of movable equipment, or
portable boilers, or vehicles, when
immediate correction of a condition
causing a violation of this ordinance
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is not made by the operator of such
equipment, portable boiler, or vehicle
when ordered to do so by the Director
or his authorized representative.
2. Breaking of the Seal
Whenever, in connection with the enforcement of this
ordinance, any fuel-burning, combustion, or process
equipment or device, or any plant, building,
structure, premises, portable boiler, or vehicle,
has been sealed at the direction of the Director,
the seal shall not be broken or removed except on
written order of the Director. The breaking or
removal of this seal without such order shall be a
violation of this ordinance.
c. Right of Entry
1. In the discharge of his duties, the Director or
his authorized inspector shall have the authority
to enter, at any reasonable hour, any building,
structure, or premises to enfore the provisions of
this ordinance.
2. The Director shall adopt a badge of office for him-
self and his representatives which shall be dis-
played for the purpose of identification.
3. The assistance and cooperation of health, police,
legal, and other officers shall be available to
the Director as required in the performance of his
duties.
d. Complaints and Reports
It shall be the duty of the Director of the Bureau to
cause an investigation to be made of all complaints
made to the Bureau which come within its jurisdiction.
A record of such investigation shall be kept on file
together with the reports and findings signed by the
inspector or inspectors.
e. Persons Liable
Unless otherwise specifically provided, the owner, his
agent for the purpose of managing, controlling or
collecting rents, and any other person managing or
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controlling a building or premises, in any part of
which there is a violation of the provisions of this
ordinance, shall be liable for any violation therein,
existing or occurring, or which may have existed or
occurred, at or during any time when such person is
or was the person owning or managing, controlling, or
acting as agent in regard to said buildings or pre-
mises. Wherever used in the provisions of this ordi-
nance, the "owner" shall include any person entitled
under any agreement to the control or direction of
the management or disposition of the building or pre-
mises or of any part of the building or premises where
the violation in question occurs.
The liabilities hereunder imposed on an owner shall
attach to a trustee under a land trust, holding title
to such building, structure, or.premises without the
right of possession, management, or control, unless
said trustee in a proceeding under said provisions
of this ordinance discloses in a verified pleading or
in an affidavit filed with the court, the name and last
known address of each person who was a beneficiary of
the trust at the time of the alleged violation and of
each person, if any, who was then acting as agent for
the purpose of managing, controlling, or collecting
rents, as the same may appear on the records of the
trust.
f. Penalty Clause
Any person, firm or corporation, or agents, employees
or contractors of such, who violate, disobey, omit,
neglect, or refuse to comply with or who resist enforce-
ment of any of the provisions of this ordinance, shall
be subject to a fine of not more than five hundred
dollars ($500.00) of imprisonment for not more than six
(6) months, or both, for each offense, and each day a
violation continues to exist shall constitute a
separate offense.
(5.0) 5.4 Variances
The Director of the Bureau is hereby given authority for the granting
of individual variances for any fuel-burning, combustion, or process
equipment or device, beyond the limitations prescribed in this ordin-
ance whenever it is found, upon the presentation of adequate proof,
that compliance with any provision of this ordinance or other ordinance
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relating to atmospheric pollution, or any rule, regulation, require-
ment, or order of the Director, will result in an arbitrary and un-
reasonable taking of property or in the practical closing and
elimination of any lawful business, occupation, or activity, in
either case without a sufficient corresponding benefit or advantage
to the people in the reduction of atmospheric pollution;.in such case,
there shall be prescribed other and different requirement, not more
onerous, applicable to plants or equipment involved.
(16.0) 5.5 Appeals
Any person taking exception to and affected by any final decision,
ruling, requirement, rule, regulation, or order, or failure to act
upon request within a reasonable period by the Director, may take
an appeal to the Environmental Control Appeal Board. Such appeal
shall be taken within 30 days after receiving notice of such decision,
ruling, requirement, rule, regulation, or order, or failure to act
upon request within a reasonable period, by filing with the Director
a notice of appeal directed to the Environmental Control Appeal
Board, specifying the grounds thereof and the relief prayed for. The
Director shall forthwith furnish to the Appeal Board all the papers
relating to the case. The Appeal Board shall set a date for the
hearing, and shall give notice thereof by mail to the interested
parties. At the hearing any party may appear in person or by agent
or attorney, and present evidence, both written and oral, pertinent
to the questions and issues involved, and may examine and cross-
examine witnesses. The Appeal Board after the hearing shall affirm,
modify, or reverse the decision, ruling, requirement, rule, regula-
tion, or order of the Director, or order him to act. The decision
of the Environmental Control Appeal Board shall be binding on the
Director.
5.5-1 Apeal Board
An Appeal Board, consisting of five members, is hereby
.established. The members shall be appointed for a term
of two years, by the consent of the President of the
.County Board of Commissioners, and one of said members
shall be designated as Chairman by the President of the
County Board of Commissioners. A Secretary of the Board
shall be designated by the Chairman. Of the initial
appointed Appeal Board, two members shall serve for one
year, two members for two years, and one member for three
years. The compensation of each member of the Appeal
Board shall be as set forth in the annual appropriation
. of the County of Cook.
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a. Qualifications
The members of the Appeal Board shall be chosen from
among the following professions and occupations: law;
medicine; engineering; science; business; and labor.
• • Each member shall have had no less than five years of
I experience in his particular profession or occupation
i and where licenses or permits are requried in order to
i pursue said profession or occupation, he shall be the
! prossessor of a current State of Illinois permit.
(2.0) 5.6 Period of Grace
, In the event any person is compelled to, or deems it advisable to,
| install any new equipment, processes, or devices, applicances, means,
, or methods, including needed control equipment, in order to comply
j with any provision of this ordinance, and exemption from the opera-
tion of this ordinance 1s reasonably necessary in order to allow
! sufficient time for such installation, such exemption may be granted
by the Director on good cause shown. Upon complaint in writing by
any such person, setting forth that it is impossible in the operation
; of any plant, fuel-burning, combustion or process equipment or device,
I or apparatus, to operate the same in complete compliance with the
requirements of this ordinance, and stating evidence satisfactory
1 to the Director that such person has taken, or will take all steps
necessary to provide for future compliance with the provisions of
this ordinance, and giving assurance to the Director that the
acquisition and installation of the proper equipment, process,
device, or appliance, or control equipment, will be effected within a
reasonable period of time, stating specifically by nature and extent
| thereof, and upon the finding by the Director on investigation by
[ him of the facts, that said complaint is well grounded, the Director
. is authorized to permit the operation of such plant, fuel-burning,
combustion or process equipment or device, or apparatus, for a reason-
able period of time within which period necessary equipment, process,
1 device, means or methods, or control equipment, is to be acquired and
Installed; provided, however, that the Director is empowered to
i grant further reasonable extensions of time upon proof of extenuating
i circumstances, and that an order of the Director denying a complaint
for a period of grace or an extension of time shall be subject to
review by. the Appeal Board, as hereinabove provided. During any
' such granted period, such persons shall not be subject to the fines
; and penalties hereinafter provided for the non-compliance sought to
be remedied; if, however, such person willfully fails in the time
allowed to conform with the applicable provision or provisions of
I this ordinance, or to comply with his assurance and agreement, he
j shall be subject to all applicable fines and penalties herein pro-
I vided dating from the date of the beginning of the said period or
I periods..
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It shall be the duty of such person to notify the Director immediately
of the completion of such installation.
(50.7) 5.7 Abatement of Nuisances
5.7-1 Nuisance - Abatement
a. Any emission of smoke, particulate matter (gaseous,
liquid, or solid) from any single source in excess of
the limitations established in or pursuant to the pro-
visions of this ordinance shall be deemed and is hereby
declared to be a public nuisance, and may be summarily
abated by the Director. Such abatement may be in
addition to the administrative proceedings herein
provided.
b. The Director is further empowered to institute legal
proceedings for the abatement or prosecution of emis-
sions of smoke, particulate, or other matter which
causes injury, detriment, nuisance, or annoyance to
the public or endangers the health, comfort, safety,
or welfare of the public, or causes or has a natural
tendency to cause injury or damage to business property.
Such abatement may be in addition to the administrative
proceedings herein provided.
5.7-2 Nuisance - Preservation of Common Law Rights
Nothing in this ordinance shall be construed to impair any
cause of action, or legal remedy therefor, of any person
or the public for injury or damage arising from the dis-
charge, emission, or release into the atmosphere from any
source whatsoever of such quantities of smoke, soot, fly
ash, dust, cinders, dirt, noxious or obnoxious acids,
fumes, oxides, gases, vapors, odors, toxic or radioactive
substances, waste, particulate, solid, liquid, or gaseous
matter, or any other materials in such place, manner, or
concentration as to constitute atmospheric pollution, or .—
a common law nuisance.
(2.0) 5.8 Amendments
The Cook County Board of Commissioners may, from time to time,
amend the provisions or regulations contained in this ordinance, for
the purpose of promoting the public health, safety, morals, comfort,
and general welfare.
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(2.0) 5.9 Fees
Fees required for permits, certificates, and inspection of equipment
and other sources of emission shall be established by separate re-
solution of the Cook County Board of Commissioners. All fees shall
be collected by the Director of the Bureau for deposit with the County
Treasurer.
(2.0) 5.10 Advisory Committee
There is hereby established an Advisory Committee to consult with,
assist, and advise the Director of the Cook County Air Pollution
Control Bureau on all matters relating to the jurisdiction and re-
sponsibility of this Bureau. The Advisory Committee shall consist
of (9) members - one member shall be the Director of the Cook County
Air Pollution Control Bureau, who shall be Chairman - one member
shall be the Director of the Cook County Health Department - one
member shall be the Director of the Cook County Civil Defense - one
member shall be the Superintendent of the Forest Preserve District -
one member shall be the Superintendent of the Cook County Highways -
one member shall be the Chairman of the Cook County Zoning Board of
Appeals, and three to be appointed by the President of the County
Board, one of which must be an Engineer of Ecology.
All shall be residents of the County of Cook.
The Committee shall:
1. Aid and advise the Director with respect to ob-
taining the active support and cooperation of in-
dustry, commercial enterprises, municipal and gov-
ernmental agencies and other organizations inter-
ested in or affected by the provisions of this
section.
2. Advise and consult with the Director with respect
to amendments to this section considered appropriate
by reason of research conducted in accordance with
section hereof, or as otherwise provided.
3. Advise and consult with the Director with respect
to the membership of the Advisory Sub-committees.
4. Attend meetings called by the Chairman from time
to time.
5. Institute, support, and encourage such programs
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for research and education in the field of ambient
air control.
6. With the Director, appoint appropriate sub-
committees to carry out such research programs as
is deemed appropriate.
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(50.1) ARTICLE VI - SMOKE AND PARTICIPATE MATTER
(50.1.2)
(2.0) 6.1 General
6.1-1 Compliance With Performance Standards
Any use of equipment, devices, or processes which emit
smoke and/or particulate matter into the atmospere shall
comply with the performance standards governing smoke
and particulate matter set forth hereinafter for the
control zone in which such use shall be located, as es-
tablished in Table 6, herein.
6.1-2 Compliance With Other Standards
In addition to the performance standards specified herein,
the smoke and particulate matter emissions shall also
meet the standards for toxic matter and noxious and odor-
ous matter indicated in Articles Vll and VI11, respectively.
.6.1-3 Compliance With State Standards
Smoke and particulate matter emissions shall comply
with the "Rules and Regulations Governing the Control of
Air Pollution" as issued by the State of Illinois Air
Pollution Control Board. In case of overlapping or con-
flicting requirements, the more restrictive shall apply.
(50.1.2) 6.2 Smoke Density Opacity Standards
6.2-1 Method of Measurement
Density or equivalent opacity of smoke shall be measured
by the Ringelmann Chart, published and used by the United
States Bureau of Mines. Measurements shall be observed
at the point of greatest density, except where particulate
matter is obscurred by steam (condensed water vapor).
6.2-2 Maximum Density Allowed
The emission of smoke or particulate matter of a desnity
equal to or greater than No. 2 on the Ringelmann Chart is
prohibited at all times, except as provided for hereinafter.
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6.2-3 Performance Standards by Control Zone
Smoke density emission shall conform to the requirements
of Table 6 according to the control zone location of the
source. .
(50.1) 6.3 Particulate Matter Standards
6.3-1 General
Particulate matter emission into the atmosphere shall be
relative to lot size and location. '
6.3-2 Size Limitations
The emission from all sources within any lot area of parti-
culate matter containing more than 10 percent by weight of
particles having a diameter larger than 44 microns is pro-
hibited.
6.3-3 Maximum Weight of Emission
The total emission weight of particulate matter from all
fuel-burning, combustion, or process equipment or devices
within the boundaries of any lot shall not exceed those
values given in Table 6. In addition, the State of Illinois
Regulations relating to particulate matter shall be com-
plied with. In the case of overlapping or conflicting
requirements, the more restrictive shall apply.
6.3-4 Method of Measurement
Determination of the total net rate of emission of particu-
late matter within the boundaries of any lot shall be made
as follows:
a. Determine the maximum emission in pounds per hour from
each source of emission and divide this figure by the
number of acres of lot area - thereby obtaining the
gross hourly rate of emission in pounds per acre.
b. From each gross hourly rate of emission derived in (a),
above, deduct the correction factor (interpolating as
required) for height of emission set forth in the table,
thereby obtaining the net rate of emission in pounds
per acre per hour from each source of emission.
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Add together the individual net rates of emission de-
rived in ( ), above, to obtain the total net rate of
emission from all sources of emission within the
boundaries of the lot. Such total shall not exceed the
limitations established in Table 6.
TABLE 6
I
PERFORMANCE STANDARDS BY CONTROL ZONE
ZONE 1
In unincorporated areas includes all Residential and Business Districts
: and the Ml Manufacturing District, as established and defined in the
I Cook County Zoning Ordinance. In incorporated areas, includes Resi-
dential, Business and Restricted Manufacturing Districts, or, the most
restrictive Manufacturing District as defined in the applicable local
zoning ordinance.
t
i SMOKE In Zone 1, the emission of more than 20 smoke units per
DENSITY hour per stack is prohibited, including smoke of a den-
• sity equal to or in excess of Ringelmann No. 2. However,
! once during any six-hour period each stack may emit up
to 35 smoke units - not to exceed Ringelmann No. 2, -
> when blowing soot or cleaning fires. Only during fire-
j cleaning periods, however, shall smoke of up to Ringel-
! mann No. 3 be permitted, and then for not more than four
I (4) minutes per period.
I
1 PARTICIPATE The rate of emission of particulate matter from all sources
MATTER within the boundaries of any lot shall not exceed a net
; figure of one pound per acre of lot area during any one
i hour, after deducting from the gross hourly emission per
! acre the correction factor set forth in the following
table:
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Allowance for Height of Emission*
Height of Emission Correction
Above Grade (Feet) (Pounds Per Hour Per Acre)
50 0.01
TOO 0.06
150 0.10
200 0.16
300 0.30
400 0.50
* Interpolate for intermediate values not shown in table.
ZONE 2
In unincorporated areas includes the M2 and M4 Manufacturing Districts,
as established and defined in the Cook County Zoning Ordinance. In
incorporated areas includes any General Manufacturing District other
than the most restrictive and most intensive Manufacturing District
as defined in the applicable local zoning ordinance.
SMOKE DENSITY In Zone 2, the emission of more than 50 smoke units per
hour per stack is prohibited, including smoke of a
density equal to or in excess of Ringelmann No. 2. How-
ever, once during any three-hour period each stack may
emit up to 62 smoke units - not to exceed Ringelmann
No. 2, - for blowing soot and for cleaning fires. Only
during fire-cleaning periods, however, shall smoke up
to Ringelmann No. 3 be permitted, and then for not more
than four (4) minutes per period.
PARTICULATE The rate of emission of particulate matter from all
MATTER sources within the boundaries of any lot shall not
exceed a net figure of three (3) pounds per acre of
lot area during any one hour, after deducting from the
gross hourly emission per acre the correction factor set
forth in the following table:
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Allowance for Height of Emission*
Height of Emission
Above Grade (Feet)
50
100
150
200
300
400
Correction
(Pounds Per Hour Per Acre)
0
0.5
0.8
1.2
2.0
4.0
* Interpolate for intermediate values not shown in table.
ZONE 3
In unincorporated areas includes the M3 Manufacturing District as
established and defined in the Cook County Zoning Ordinance. In
incorporated areas includes heavy Manufacturing Districts or the
most intensive Manufacturing Districts as defined in the applicable
local zoning ordinance.
SMOKE In Zone 3, the emission of more than 76 smoke units per
DENSITY hour per stack is prohibited, including smoke of an
intensity equal to or greater than Ringelmann No. 2.
However, once during any two-hour period each stack
may emit up to 92 smoke units - not to exceed Ringel-
mann No. 2 - for blowing soot and for cleaning fires.
Only during fire-cleaning periods, however, shall
smoke up to Ringelmann No. 3 be permitted, and then for
not more than six (6) minutes per period.
PARTICULATE
MATTER
The rate of emission of particulate matter from all
sources within the boundaries of any lot shall not
exceed a net figure of eight (8) pounds per acre during
any one hour, after deducting from the gross hourly
emission per acre the correction factor set forth in
the following table:
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Allowance for Height of Emission*
Height of Emission Correction
Above Grade (Feet) (Pounds Per Hour Per Acre)
50 0
100 0.5
150 1.5
200 2.4
300 4.0
400 3.0
Mnterpolate for intermediate values not shown in table.
6.3-5 Tests of Fuel-Burning, Combustion or Process Equipment
The Director is hereby authorized to conduct, or cause
to be conducted, any test or tests as may be necessary
to determine the extent of particulate matter and/or any
other discharge from any fuel-burning, combustion or
process equipment or device, if and when, in his judgment,
there is evidence that any such equipment, process or
device is exceeding any emission limitation described
by or under this Ordinance. Tests shall be made and the
results calculated in accordance, where applicable, with
American Society of Mechanical Engineers Power Test Codes,
entitled "Determining Dust Concentration in a Gas Stream
PTC-27-1957" procedures as revised from time to time or
in accordance with modified procedures published by the
Department. All tests and calculations shall be made
under the direction of a competent engineer. Any test
or tests to be conducted on the premises where such equip-
ment or device is located shall be made after written
notice to, and with the cooperation of, the owner or
operator. The cost of any test or tests and calculations
shall be a debt due the County from any person responsible
as owner, operator or otherwise of such fuel-burning, com-
bustion or process equipment or device in all cases when
such test or tests shall have proved any emission of
particulate matter in violation of any provision of this
Ordinance, and such unpaid debt shall be recoverable in
court of competent jurisdiction. If any such emission
is shown by such test or tests within the limits of
emission prescribed in this Ordinance, the cost of such
test or tests shall be charge to the annual appropriation
of the Department.
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(51.13) 6.4 Open Burning
The open burning of refuse, paint, oil, automobiles, debris, or any
other combustible material within Cook County, except within the
corporate limits of the City of Chicago and such minicipalities
certified as exempt from State regulation by the Illinois State Air
Pollution Control Board, shall be prohibited; with the exception of
fires, in conjunction with holiday and festive celebrations and
other special occasions, or the burning of dead or diseased vegeta-
tion or similar debris when no other method of disposal is feasible,
set and attended by personnel trained in fire-fighting techniques,
fire containment, and the use of fire-fighting equipment. Such
fires shall be allowed only in accordance with the Rules and Regu-
lations Governing Air Pollution issued by the State of Illinois
Air Pollution Control Board and authorized by a special permit
issued by the Director of the Bureau.
(50.1.3) 6.5 Materials Subject to Becoming Windborne
6.5-1 General
Dusts and other types of air pollution borne by the wind
from such sources as storage areas, yards, roads, and so
forth within lot boundaries shall be kept to a minimum by
such measures as wetting piles, landscaping, paving, oil-
ing, or other acceptable means.
6.5-2 Handling
It shall be unlawful for any person to cause or permit the
handling, loading, unloading, reloading, storing, trans-
ferring, transporting, placing, depositing, throwing, dis-
carding, or scattering of any ashes, fly ash, cinders,
slag, or dust collected from any combustion process, any
dust, dirt, chaff wastepaper, trash, rubbish, waste, or
refuse matter of any kind or any other substance or material
whatever which is likely to be scattered by the wind, or
is susceptible to being windborne without taking reasonable
measures or precautions so as to minimize atmospheric
pollution or nuisance to other property.
6.5-3 Storage
It shall be unlawful for any person to operate or maintain
or cause to be operated or maintained any building, structure,
or premises, open area, right-of-way, storage pile of
materials, vessel, or vehicle, or construction, alteration,
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building, demolition or wrecking operation, or any other
enterprise which has or involves any matter, material, or
substance likely to be scattered by the wind or suscep-
tible to being windborne, without taking reasonable pre-
cautions or measures so as to minimize atmospheric pol-
lution nuisance to other property.
6.5-4 Surfacing of Roads and Vehicle Areas
No person shall maintian or conduct, or cause to be main-
tained or conducted, any parking or automotive or machinery
sales lot, or any private roadway unless such real property
is covered or treated with a surface or substance or
otherwise maintained in such manner as to minimize atmos-
pheric pollution or nuisance to other property.
6.5-5 Trucks carrying material subject to becoming airborne
shall be operated in such a manner as to keep such airborne
material to a minimum by such measures as wetting the load,
covering the load with canvas, lessening the load, or
other acceptable means.
(51.9) 6.6 Incineration
The basic limitation on the average emission into the atmosphere of
.particulate matter from an incinerator shall be 0.20 grains per
cubic foot of gas at standard conditions. These calculations are
to be made at 50% excess air and are to be the result of tests con-
ducted in the field under field conditions according to procedures
prescribed by the Director, cost of which shall be assumed by the
owners if emissions exceed allowable limits. All existing incinera-
tors shall meet the limitations set forth in this section on and
after 180 days after adoption of this section and all new equipment
shall meet the limitations upon installation.
(50.1.3) 6.7 Condensible Emissions
Emissions other than water vapor from any sources that are liable
to generate or evolve into particulate form through phase change
or other transformation from a gas or liquid form shall be deemed
to be particulate matter at the emission point.
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(50.0) ARTICLE VIJ - TOXIC MATTER
No activity or operation shall cause, at any time, the discharge of
toxic matter into the atmosphere in such concentrations as to be
detrimental to or endanger the public health, safety, or welfare,
or cause injury or damage to property or business or be needlessly
destructive of any insect, plant, or animal life which contributes
to the general welfare.
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(50.6) ARTICLE VIII - NOXIOUS AND ODOROUS MATTER
(2.0) 8.1 General
The emission of noxious and odorous matter in such manner or
quantity as to be detrimental to or endanger the public health,
comfort, or welfare is prohibited.
(50.6) 8.2 Odor-Performance Standards
8.2-1 In addition to the requirements of Section 8.1, odorous
matter shall meet the requirements of Table 8, below.
TABLE 8
EMISSION OF ODOROUS MATTER
By Control Zone
ZONE 1
In unincorporated areas includes all Residential and Business Districts
and the Ml Manufacturing District, as established and defined in the
Cook County Zoning Ordinance. In incorporated areas, includes Residential
Business and Restricted Manufacturing Districts, or, the most restric-
tive Manufacturing District as defined in the applicable local zoning
ordinance.
The emission of matter in such quantities as to be readily detectible
as odorous matter at any point at or beyond lot lines is prohibited.
ZONE 2
In unincorporated areas, includes the M2 and M4 Manufacturing
Districts, as established and defined in the Cook County Zoning
Ordinance. In incorporated areas includes any General Manufactur-
ing District other than the roost restrictive and most intensive
Manufacturing District as defined in the applicable local zoning
ordinance.
The emission of matter in such quantities as to be readily detectible
as odorous matter at any point at or beyond district boundary lines
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when diluted in ratio of one (1) volume of odorous air to four (4)
volumes of odor-free air is prohibited.
ZONE 3
In unincorporated areas includes the M3 Manufacturing District as
established and defined in the Cook County Zoning Ordinance. In
incorporated areas includes heavy Manufacturing Districts or the most
intensive Manufacturing Districts as defined in the applicable local
zoning ordinance.
The emission of matter in such quantities as to be readily detectible
as odorous matter at any point at or beyond district boundary lines
when diluted in ratio of one volume of odorous air to twenty (20)
volumes of odor-free air is prohibited.
8.2-2 The odor of growing trees, shrubs, plants, flowers, grass,
and cut grass left in place shall be exempt from the provisions of
Table 8.
(12.0) 8.3 Internal Combustion Engines
No person shall operate or cause to be operated upon any street,
highway, public place, stream, or waterway, or any private premises,
any internal combustion engine of any motor vehicle, boat, or other
vehicle, while stationary or moving, which emits from any source
unreasonable and/or excessive smoke, obnoxious, or noxious gases,
fumes, or vapors.
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CITY OF GRANITE CITY, ILLINOIS
AIR POLLUTION REGULATIONS
(1.0) Section 1 - Definitions
The following terms as used in this Ordinance shall, unless the .
context otherwise requires, have the following meanings:
.a. Air Contaminant
"Air Contaminant" is particulate matter, dust, fumes, gas,
mist, smoke or vapor, or any combination thereof.
b. Air Contaminant Source
"Air Contaminant Source: is any and all sources of emission
of air contaminants whether privately or publicly owned
or operated. Without limiting the generality of the fore-
going, this term includes all types of businesses, commercial
and industrial plants, works, shops and stores, and heating
and power plants and stations, building and other structures
of all types, including single and multiple family resi-
dences, apartments, houses, office buildings, hotels, motels,
restaurants, schools, hospitals, churches and other insti-
tutional buildings, automobiles, trucks, buses and other
motor vehicles, garages and vending and service locations
and stations, railroad locomotives, portable fuel burning
equipment, incinerators of all types, indoor and outdoor,
refuse dumps and piles, and all stack and other chimney
outlets from any of the foregoing.
c. Air Pollution
"Air Pollution" is presence in the outdoor atmosphere of
one or more air contaminants in sufficient quantities and
of such characteristics and duration as to be injurious to
human, plant or animal life or to property, or which un-
reasonably interfere with the enjoyment of life and pro-
perty, or in excess of the specifice limitations established
herein.
d. ASME
"ASME" is the American Society of Mechanical Engineers.
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e. Authorized Representative
"Authorized Representative" is any individual, firm, or
corporation designated by a "person" who shall be given
authority to act for such "person" in all matters pertain-
ing to the Air Pollution Control Board. Such authorization
must be transmitted to said Board in writing.
f. Board
"Board" is the Air Pollution Control Board of the City of
Granite City, Illinois.
g. A new Fire
"A new fire" shall be held to mean the period during which
a fresh fire is being started and does not mean the pro-
cess of replenishing an existing fuel bed with additional
fuel.
h. Chimney or Stack
"Chimney or Stack" is any conduit, duct, flue or opening
of any kind whatsoever arranged to conduct any products
of combustion to the atmosphere. It does not include
breeching.
i. City
"City" is the City of Granite City and the term when used
with reference to geographical area shall include land both
within its municipal boundaries and to a distance of one-
mile beyond such municipal limits.
j. Domestic Heating Plant
"Domestic Heating Plant" is a plant generating heat for a
single family residence, or for two such residences either
in duplex or double house form, or for multiple dwelling
units in which such plant serves fewer than three apart-
ments. Under this designation are also hot water heaters,
stoves, and space heaters used in connection with the fore-
going establishments or to heat temporary buildings, such
as used by the railroad and construction industries, except
when gas fired.; provided, however, that like equipment used
in multiple dwelling units other than herein described, or
used in permanent buildings of commercial or industrial
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establishments, is not to be construed as included under
this designation.
k. Fuel-Burning, Combustion or Process Equipment or Device
"Fuel-Burning, Combustion or Process Equipment or Device" is
any furnace, incinerator, boiler, fly-ash collector, electro-
static precipitator, smoke arresting or prevention equip-
ment, stack, chimney, or structure used for the burning of
fuel or other combustible materials, or for the emission of
products of combustion, or used in connection with any pro-
cess which generates heat which may emit products of com-
bustion.
1. Person
"Person" is any individual, partnership, co-partnership,
firm, company, corporation, association, joint stock company,
trust, estate, political subdivision, or any other legal
entity, or their legal representative, agent or assigns.
m. Open Air
"Open Air" is all spaces outside of buildings, stacks or
exterior ducts.
n. Open Fire
"Open Fire" is any fire from which the products of combustion
are emitted directly into the open air without passing
through .a stack, or chimney.
o. Particulate Matter
"Particulate Matter" is material, other than water, which
is suspended in or discharged into the atmosphere in a
finely divided form as a liquid or solid at stack conditions.
p. Processes or Process Equipment
"Processes or Process Equipment" is any action, operation,
or treatment embracing chemical, industrial, or manufactur-
ing factors, such as heat treating furnaces, by-product
coke plants, corebaking ovens, mixing kettles, cupolas,
blast furnaces, open hearth furnaces, heating and reheating
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furnaces, puddling furnaces, non-ferrous foundaries, kilns,
stills, dryers, sprayers, roasters, and equipment used in
connection therewith and all other methods or forms of
manufacturing or processing which may emit air contaminants.
q. Radioactive Material
"Radioactive Material" is any material, solid, liquid,
or gas, that emits ionizing radiation spontaneously.
r. Ringelmann Chart
"Ringelmann Chart" is a chart for grading the apperance,
density, or shade of smoke, as currently published, with
instructions for use, by the United States Bureau of Mines.
s. Smoke
"Smoke" is small gas-borne particles, other than water
that form a visible plume in the air from an air contami-
nant source.
t. Standard Conditions
"Standard Conditions" is a gas temperature of 60 degrees
Fahrenheit and a gas pressure of 30 inches mercury absolute.
u. Technical Secretary
"Technical Secretary" is the Technical Secretary of the
Air Pollution Control Board.
(2.0) Section 2 - Air Pollution Prohibited
The discharge into the outdoor atmosphere of air contaminants so
as to cause air pollution and create a public nuisance is contrary
to the public policy of the State of Illinois and of the City of
Granite City, Illinois, and in violation of this Ordinance.
(16.0) Section 3 -Air Pollution Control Board
An Air Pollution Control Board is hereby created, and its members
shall be appointed by the Mayor with the approval of the City
Council. The Air Pollution Control Board shall consist of nine (9)
members. Not more than two (2) members of said Board shall hold
any public office. Three (3) members shall be appointed for a term
of one year; three (3) members shall be appointed for a term of
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two years; and three (3) members shall be appointed for a term of
three years. Upon expiration of any term, simple majority of the
members of the Board.
(15.0) Section 4 - Administration and Enforcement
a. General Policy
The administration and inforcement of this Ordinance shall
be conducted by the Technical Secretary, with the study,
appeal, and final'determination functions being performed
by the Air Pollution Control Board, all in accordance with
the policies hereinafter provided:
1. It is the intent and purpose of this Ordinance to main-
tain purity of the air resources of the City of Granite
City consistent with the protection of normal health,
general welfare and physical property of the people,
maximum employment and the full industrial development
of the City. The Technical Secretary and the Board
shall seek the accomplishment of these objectives
through the prevention, abatement and control of air
pollution by all practical and economically feasible
methods.
2. The policy of the City of Granite City is further de-
clared to be that through cooperative effort, the
Technical Secretary and the Board shall continually
strive in collaboration with representatives of all
affected persons to diminish air pollution and promote
sound air pollution control practices.
3. In making recommendations, orders and determinations
hereunder, the Technical Secretary and the Board shall
take into consideration all the facts and circumstances
bearing upon the reasonableness of the emissions in-
volved, including, but not limited to:
(a) The character and degree of injury to, or inter-
ference with the protection of the health, general
welfare and physical property of the people;
(b) The social and economic value of the air pollution
source;
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(c) The suitability or unsuitability of the air
pollution source to the area in which it is lo-
cated, including the question of priority of
location in the area involved, and,
(d) The technical practicability and economic reason-
ableness of reducing or eliminating the emissions
resulting from such air pollution source.
b. Powers and Duties of the Technical Secretary
In addition to any other powers and duties vested in him
by other provisions of this Ordinance, the Technical
Secretary shall have the following powers and duties:
1. The Technical Secretary, or his authorized repre-
sentative, shall attend all meetings of the Board.
2. The Technical Secretary, or his authorized represen-
tative shall, during the interim between meetings of
the Board, handle such correspondence, make or arrange
for such inspections and investigations, and obtain,
assemble or prepare such reports and
3. The Technical Secretary shall exercise general super-
vision over all persons employed by the City engaged
in air pollution abatement.
4. The Technical Secretary shall have the power to grant
permits for the installation of new equipment capable
of becoming a source of air pollution under the rules
and regulations of this Ordinance. Upon the refusal
of the Technical Secretary to grant such a permit
after request therefor, any person requesting such an
installation permit shall be entitled to a hearing be-
fore the Board, meeting the requirements of Section 4
(d) hereof.
5. The Technical Secretary shall be responsible for the
investigation of complaints of alleged violation of
this Ordinance, and for this purpose he may enter at
reasonable hours upon and into any lands, buildings,
establishments, premises and enclosures, except the
administrative offices of any person and private re-
sidences, which he has reasonable cause to believe may
be an air pollution source of emissions of air contami-
nants causing air pollution. In this connection, he
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may make examinations and tests and take samplings in
order to determine the extent to which air contaminants
may be escaping from the suspected air pollution source
into the outdoor atmosphere.
6. The Technical Secretary may request and receive the
technical assistance of the Air Pollution Control Board
of the State of Illinois, any State or City educational
institution, experiment station, board, department or
other agency when it is deemed reasonably necessary to
carry out the provisions of this Ordinance.
7. The Technical Secretary may request the City Council
for such additional consultants and technical assistants
as may be reasonably necessary to carry out the pro-
visions of this Ordinance. '
c. Powers and Duties of the Board
In addition to any other powers and duties vested in it by
other provisiions of this Ordinance, the Board shall have
the following powers and duties:
1. Prepare and develop a general comprehensive plan for
the prevention, abatement or control of air pollution,
recognizing varying requirements for different areas
of the City.
2. Hold hearings upon petitions for variance, upon appeals
from denial by the Technical Secretary of installation
permits, and upon formal complaints of violations of
this Ordinance, issued by the Board after filing by the
Technical Secretary, as provided in Sections 6, 11,
and 4 (d) respectively. In making final determinations
and orders in these hearings, the Board shall have the
power to overrule or uphold the recommendation or prior
determination of the Technical Secretary.
3. .Study the problem of air pollution control within the
jurisdiction of the City and, from time to time, re-
commend to the Mayor and City Council appropriate means
of air pollution abatement, including needed additions
to or revisions of this Ordinance. In this regard, it
shall be the duty of the Chairman of the Air Pollution
Control Board to name members of the Board to act as
Chairmen of technical subcommittees. The Chairmen of
the technical subcommittees shall select their own sub-
committee members to be drawn from the technical talent
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of industry and science. Each subcommittee shall study
one or more phases of air pollution control. The sub-
committees shall make annual reports of their findings
and recommendations to the Board. The Board shall sub-
mit an annual report to the Mayor and City Council.
4. Prior to making recommendations to the City Council on
amendments to this ordinance, the Board shall hold a
public hearing to determine the effect of such proposed
amendments on the protection of normal health, general
welfare and physical property of the people, maximum
employment and the full industrial development of the
city. Notice of the time and place of the hearing shall
be given by publication in a newspaper published in the
City of Granite City, Illinois, which notice shall be
published not more than thirty nor less than fifteen
days before such hearing.
d. Determination of Violations
If, in the opinion of the Technical Secretary, investiga-
tion discloses that a violation does exist in fact, he
shall by conference, conciliation and persuasion endeavor
to the fullest extent possible to eliminate such violation.
In the case of failure by conference, conciliation, and
persuasion to correct or remedy any claimed violation, and
the filing by the Technical Secretary of a formal complaint
with the Board, the Board may cause to have issued and
served upon the person complained against a written notice,
together with a copy of the formal complaint, which shall
specify the provisions of this Ordinance which said person
is said to be in violation, and a statment of the manner
in, and the extent to which such persons is said to violate
this Ordinance, and shall require the person so complained
against to answer the charges of such formal complaint of
a hearing before the Board at a time not less than 30 days
after the date of notice. The respondent to such a formal
complaint may file a written answer or reply thereto and
may appear at such hearing in person or by representative,
with or without counsel, and may make oral argument, offer
testimony or cross-examine witnesses or take any combina-
tion of these actions. The Board at its expense shall
provide a stenographer to take the testimony and preserve
a record of all proceedings under this section.
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The formal complaint, the notice of hearing,
the answer or reply, the petition for variance,
the request for permit, all other documents
in the nature of investigation reports, state-
ments, notices and motions filed in the proceed-
ings, the transcript of testimony and the find-
ings of fact and decisions shall be the record
of the proceedings. The Board shall furnish
a transcript of such record to any person
interested as a party to such hearing upon
payment thereof of seventy-five cents per
page for each original transcript, and twenty-
five cents per page for each carbon copy there-
of. However, the charges of any part of such
transcript ordered and paid for previous to
the writing of the original record shall be
twenty-five cents per page.
After due consideration of the written and oral statements,
and testimony and arguments that shall be submitted at the
hearing upon such complaint, or upon default in appearance
of the respondent on the return day which shall be specified
in the notice given as provided in this subsection, the Board
shall make such final determination as it shall deem appro-
priate under the circumstances, giving due regard to the
matters required to be considered in Section 4 (a) hereof.
The Board shall recommend appropriate action to the Mayor
and Technical Secretary and shall immediately notify the
respondent of this recommendation in writing by registered
mail. Any final order or determination or other final action
by the Board shall be approved in writing by at least 5
members of the Board.
e. Failure of Technical Secretary or Board to Act.
Upon the failure of the Technical Secretary or the Board to
take action within 60 days after a request for installation
permit, petition for variance, or formal program of abate-
ment or upon the failure of the Board to enter a final order
or determination within 60 days after the final argument in
any hearing under Section 4 (d), the person seeking any of
such actions shall be entitled to treat for all purposes
such failure to act as a grant of the requested permit,
variance or formal program of abatement or of a finding favor-
able to the respondent in any hearing under Section 4 (d)
hereof, as the case may be.
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f. Air Pollution Solely Within Commecial and Industrial Plants
I Nothing contained herein shall be deemed to grant to the
! Technical Secretary or the Board any jurisdiction or authority
! with respect to air pollution existing solely within com-
mercial and industrial plants, works or shops or to affect
the relations between employers and employees with respect
to or arising out of any condition of air pollution.
j
g. No Fees by the Technical Secretary or Board
No fees shall be charged by the Technical Secretary or the
Board for the performance of any of their respective func-
tions under this Ordinance except as specified in Section 8.
j (2.0) Section 5 - Formal Programs of Air Pollution Abatement
In keeping with the General Policy of the Ordinance contained in
Section 4 (a), all persons responsible for operating commercial or
industrial plants, works, shops, facilities or equipment which were
constructed prior to the enactment of this Ordinance may submit to
the Board a formal program of air pollution abatement which shall
schedule over a period of time, which is reasonable under the circum-
stances, either a continued installation of gas cleaning devices or
the replacement of specified facilities. The Board shall review the.
formal program submitted by such affected persons, and after having
! considered all factors in Section 4 (a) above, shall approve or dis-
approve the program. After the board has approved the program by
resolution, the owner of said facilities shall not be in violation
of this Ordinance so long as said program is complied with. Reports
; of the status of these gas cleaning programs shall be submitted
annually by the applicant to the Board."
(5.0) Section 6 - Variances
The Board may grant individual variances beyond the limitations pre-
scribed in this Ordinance whenever it is found, upon presentation of
adequate proof, that compliance with any provisions of this Ordinance,
; or any rule or regulation, requirement or order of the Board, will
result in an arbitrary and unreasonable taking of property or in
the practical closing and elimination of any lawful business, occu-
pation or activity, in either case without sufficient corresponding
benefit or advantage to the people. Any variance granted pursuant
i to the provisions of this section shall be granted for a period of
time, not exceeding one year, as shall be specified by the Board at
; the time of the grant of such variance. Such variance may be
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extended from year to year by affirmative action of the Board.
Any person seeking a variance shall do so by filing a petition for
variance with the Board. While the Board may grant such a variance
without a hearing, if the Board concludes that a hearing would be
advisable or if the petition is denied, then a hearing shall be held
as provided in Section 4 (d), hereof.
(2.0) Section 7 - Rules and Regulations
'The Rules and Regulations Governing the Control of Air Pollution'
as adopted by the State of Illinois Air Pollution Control Board on
March 26, 1965, amended March 30, 1967, shall be and are the Rules
and Regulations applicable in the administration and enforcement
of this ordinance. And said 'Rules and Regulations Governing the
Control of Air Pollution1 as adopted by the State of Illinois Air
Pollution Control Board on March 26* 1965, amended March 30, 1967,
are hereby adopted by reference and are hereby incorporated in
this ordinance in their entirety by reference as the Rules and
Regulations applicable in the administration and enforcement of
this ordinance, all in accordance with the provisions of an act of
the legislature of the State of Illinois known as 'An Act Authoriz-
ing Municipalities to Incorporate by Reference the Provisions of
Nationally Recognized Technical Codes and Public Records' approved
July 16, 1953.
(3.0) Section 8 - Permits and Fees
This section shall apply to the issuing of permits and charging of
fees for:
a. All types of fuel-burning equipment except vehicles.
b. Radioactive emissions.
No person shall construct, install, alter, or operate any incinera-
tor or any fuel-burning equipment rated at 200,000 BTU/hr. or more,
or any equipment pertaining thereto for use within the jurisdic-
tion of the City until he or his authorized representative shall
have filed, in dupliate, an application for Installation and Operat-
ing Permits on forms supplied by the City, together with plans and
specifications of the fuel-burning equipment, stack, structure,
buildings, or portion of buildings used functionally therewith,
and such other data and information as may be requested by the
Technical Secretary. Upon failure to make such application, it
shall be the duty of the Technical Secretary to seal such equip-
ment against further use until the requirements of this section
shall have been met. The Technical Secretary shall approve or
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reject the application within ten days after it has been filed and
after the fee has been paid to the City Clerk. Upon approval, the
Technical Secretary shall issue an Installation Permit for construc-
tion, installation, or alteration; upon disapproval, the applicant
shall make such modifications in his plans and specifications deemed
necessary by the Technical Secretary. If a dispute arised between
the Technical Secretary and the applicant, the applicant may appeal
to the Board after first filing a $15.00 nonreturnable appeal fee
with the City Clerk. The Board shall act in accordance with Section
4, above. After construction, installation or alteration, the
Technical Secretary shall be notified by the applicant; the Techni-
cal Secretary shall make an inspection, and if it is found that
such construction, installation or alteration is in conformity with
the application, the Technical Secretary shall issue an Operating
Permit.
No inspections or Operating Permits shall be required in the case
of domestic heating plants.
No inspections or Operating Permits shall be required for incin-
erators or fuel-burning equipment installed or operating or under
construction or alteration before the effective date of this Ordinance.
This Section is suspended for any secret process, and the person
responsible for the operation of such secret process shall file in
lieu of plans and specifications an affidavit to the effect that
such equipment is to be so used and that atmospheric pollution,
as defined herein, shall be controlled.
When it becomes necessary for maintenance purposes to perform work
on fuel-burning equipment which does not change its capacity or
adversely affect the emission of air pollutants therefrom, no permit
is required.
The approval of plans and specifications or the issuance of instal-
lation or Operating Permits shall not be held to exempt the owner
from prosecution for violation of this provision of this Ordinance.
Fees payable in advance to the City Clerk for the issuance of in-
stallation and Operating Permits by the Technical Secretary shall
be as follows:
a. For all domestic incinerators, and for all domestic fuel-
burning equipment rated at 200,000 BTU/hr. or more -$2.50.
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b. For all other incinerators and fuel-burning equipment
having the following furnace volume:
Up to and including 10 cu. ft. $ 2.50
Over 10 cu. ft. up to and including 50 cu. ft. 10.00
Over 50 cu. ft. up to and including 250 cu. ft. 20.00
Over 250 ct. ft. 40.00
c. For air-borne radioactive material emission $ 5.00
(8.0) Section 9 - Emergency Orders
Whenever the Technical Secretary determines that an emergency exists
which necessitates action to protect the public health, safety or
welfare, he shall, without prior notice, issue a written order
reciting the existence of the emergency and requiring whatever
action he deems advisable to meet the emergency. Notwithstanding
other provisions of this Ordinance, this order shall be effective
upon service and shall be complied with immediately. Within a
period of 48 hours the Technical Secretary shall call a special
meeting of the Air Pollution Control Board and present reasons, in
writing, for issuing an emergency order. The Board, with the con-
sent of a majority of the members appointed to the Board, will de-
termine immediately whether to approve or not to approve the action
and whether to allow a hearing as provided in Section 4 (d) herein.
(8.0) Section 10 - National Emergency
In the event of a national emergency or state of war, the City
Council may adopt a resolution suspending this Ordinance, either
in whole or in part, for the period of such national emergency or
state of war.
(15.0) Section 11 - Penalties
Any person violating any provision of this Ordinance shall be sub-
ject to a fine not to exceed $200.00 for each violation thereof,
and be subject to imprisonment not to exceed thirty (30) days, or
both. Offenses on separate days shall be deemed to be separate
offenses.
In the event the Board shall determine that any final order or
determination made by it and not then the subject of judicial re-
view is being violated, the Board may cause to have instituted a
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civil action in any court of competent jurisdiction for injunctive
relief to prevent any further violation of such order or deter-
mination.
(13.0) Section 12 -
Neither the records of the Commission nor any determination by the
Commission that air pollution exists or that any standard, rule or
regulation has been violated, whether or not a proceeding or action
is brought by the State, shall constitute evidence or be admitted
in evidence in any action before the Courts of this State or create
any presumption of law or finding of fact which shall inure to or
for the benefit of any person other than the State or the Commis-
sion.
(2.0) Section 13 - Judicial Review
All final orders or determinations of the Board hereunder shall be
the subject of judicial review pursuant to the provisions of the
"Administrative Review Act", approved May 9, 1945, as amended, and
the rules adopted pursuant thereto. All final orders and deter-
minations shall be deemed "administrative decisions" as that term
is defined in Section 1, Administrative Review Act.
(2.0) Section 14 - Severability
If any section, sub-section, sentence or clause of this Ordinance
shall be adjudged invalid, such adjudication shall not affect the
validity of the Ordinance as a whole or of any section, sub-section,
sentence or clause hereof .not adjudged invalid, the City Council
hereby declaring that it would have passed the remaining portions
of this Ordinance notwithstanding such invalidity.
Any clause, provision or section of this Ordinance may be opened
separately for reconsideration, but the remainder of this Ordinance
shall be in full force and effect, notwithstanding such reconsideration.
(2.0) Section 15 - Repealer
Ordinance No. 1301, passed by the City Council on the 22nd day of
November, A.D., 1948, and approved by the Mayor on that same date,
is hereby repealed.
(2.0) Section 16 - Effective Date
This Ordinance shall be in full force and effect from and after its
passage, approved and publication as required by law.
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FEDERALLY PROMULGATED
REGULATIONS
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(6.0) 52.730 - Compliance Schedules
b. Federal Compliance Schedules
1. Except as provided in subparagraph (3) of this para-
graph, the owner or operator of any stationary source
subject to the following emission limiting regulations
in the Illinois implementation plan shall comply with
the applicable compliance schedule in subparagraph (2)
of this paragraph: Illinois Air Pollution Control
Regulations Rule 203 (d) (4), 203 (d) (6) (B) (ii)
(bb), 203 (g) (1) (B), 203 (g) (2), 203 (g) (3), 203
(g) (4), 204 (c) (1) (A), 204 (c) (2), 204 (d), and
204 (e).
2. Compliance Schedules
(i) The owner or operator of any stationary source
subject to Illinois Air Pollution Control Regu-
lation Rule 203 (d) (4) shall take the following
actions with respect to the source no later than
the date specified.
(a) September 30, 1973
Advertise for bids for purchase and con-
struction or installation of equipment, or
for materials requisite for process modifi-
cation sufficient to control particulate
emissions from the source.
(b) November 15, 1973
Award contracts for emission control systems
or process modification, or issue orders
for the purchase of component parts to ac-
complish emission control or process modi-
fication.
(c) May 31, 1974
Initiate onsite construction or installation
of emission control system or process modi-
fication.
(d) March 31, 1975
Complete onsite construction or installa-
tion of emission system or process modifi-
cation.
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(e) May 31i 1975
Complete shakedown operation and per-
formance test on source, submit performance
test results to the Administrator; achieve
full compliance with State agency regulation.
(ii) The owner or operator of any stationary source
subject to Illinois Air Pollution Control Regu-
lation Rule 203 (d) (6) (B) (ii) (bb) shall take
the following actions with respect to the source
no later than the date specified.
(a) September 30, 1973
Advertise for bids for purchase and con-
struction or for modification of equipment
sufficient to control particulate emissions
from the source.
(b) November 15, 1973
Award contracts for emissions control systems
or process modification, or issue orders for
the purchase of component parts to accom-
plish emission control or process modifica-
tion.
(c) March 31, 1974
Initiate onsite construction or installation
of emission control system.
(d) October 31, 1974
Complete onsite construction or installation
of emission control system.
(e) December 31, 1974
Achieve final compliance with Illinois Air
Pollution Control Regulations Rule 203 (d)
(6) (B) (ii) (bb).
(iii) (a) The owner or operator of any boiler or furnace
of more than 250 million BTU per hour heat
input subject to Illinois Air Pollution Control
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Regulation Rule 204 (c) (1) (A), 204 (c) (2),
204 (d), and 204 (e) shall notify the Admin-
istrator, no later than October 1, 1973, of
his intent to utilize either low-sulfur fuel
or stack gas desulfurization to the require-
ments of said regulation.
(b) Any owner or operator of a stationaary source
subject to subparagraph (2) (iii) (a) of this
paragraph who elects to utilize low sulfur
fuel shall take the following actions with
respect to the source no later than the date
specified.
(1) November 1, 1973
Submit to the Administrator a projection
of the amount of fuel, by types, that
will be substantially adequate to en-
able compliance with Illinois Air Pol-
lution Control Regulations Rule 204 (c)
(1) (A), 204 (c) (2), 204 (d), and 204
(e) on May 31, 1975, and for at least
one year thereafter.
(2) December 31, 1973
Sign contracts with fuel suppliers for
fuel requirements as projected above.
(3) January 31, 1974
Submit a statement as to whether boiler
modifications will be requried. If
modifications will be required, submit
plans for such modifications.
(4) March 15, 1974
Let contracts for necessary boiler modi-
fications, if applicable.
(5) June 15, 1974
Initiate onsite modifications, if
applicable.
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(6) March 31, 1975
Complete onsite modifications, if
applicable.
May 31, 1975
(7) Final compliance with the emission
limitation of Rules 204 (c) (1) (A),
204 (c) (2), 204 (d), and 204 (e).
(c) Any owner or operator of a fuel combustion
source subject to subparagraph (2) (iii) (a)
of this paragraph who elects to utilize stack
gas desulfurization shall take the following
actions with respect to the source no later
than the date specified.
(1) November 1, 1973
Let necessary contracts for construction.
(2) March 31, 1974
Initiate onsite construction.
(3) March 31, 1975
Complete onsite construction.
(4) May 31, 1975
Complete shakedown operations and perfor-
mance test on source, submit performance
test results to the Administrator; achieve
full compliance with Rule 204 (c) (1) (A),
204 (c) (2), 204 (d), and 204 (e).
(iv) (a) The owner or operator of any stationary source
subject to Illinois Air Pollution Control Re-
gulations Rule 203 (g) (1) (B), 203 (g) (2),
203 (g) (3), and 203 (g) (4), shall notify the
Administrator, no later than October 1, 1973,
of his intent to utilize either low ash fuel or
a stack gas cleaning system to meet the re-
quirements of said regulation.
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(b) Any owner or operator of a stationary source
subject to subparagraph (2) (iv) (a) of this
paragraph who elects to utilize low ash fuel
shall take the following actions with respect
to the source no later than the date specified.
(1) November 1, 1973
Submit to the Administrator a projection
of the amount of fuel, by types, that
will be substantially adequate to enable
compliance with Illinois Air Pollution
Control Regulations Rule 203 (g) (1)
203 (g) (2), 203 (g) (3), and 203
(4) on May 31, 1975, and for at least
one year thereafter.
VsUII LI
(B),
(g) '
(2) December 31, 1973
Sign contracts with fuel suppliers for
fuel requirements as projected above.
(3) January 31, 1974
Submit a statement as to whether boiler
modifications will be required. If modi-
fications will be required, submit plans
for such modifications.
(4) March 15, 1974
Let contracts for necessary boiler
modifications, if applicable.
(5) June 15, 1974
Initiate onsite modifications, if
applicable.
(6) March 31, 1975
Complete onsite modifications, if
applicable.
(7) May 31, 1975
Final compliance with the emission limita-
tion of Rule 203 (g) (1) (B), 203 (g) (2),
203 (g) (3), and 203 (g) (4).
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(c) Any owner or operator of a stationary source
subject to subparagraph (2) (iv) (a) of this
paragraph who elects to utilize a stack
gas cleaning system shall take the follow-
ing actions with respect to the source no
later than the date specified.
(1) January 15, 1974
Let necessary contracts for construction.
(2) April 1, 1974
Initiate onsite construction.
(3) April 1, 1975
Complete onsite construction.
(4) May 31, 1975
Complete shakedown operations and per-
formance tests on source, submit per-
formance test results to the Adminis-
trator; achieve full compliance with
Rule 203 (g) (1) (B), 203 (g) (2),
203 (g) (3), and 203 (g) (4).
(v) Ten days prior to the conduct of any performance
test required by this paragraph, the owner or
operator of the affected source shall give notice
of such test to the Administrator to afford him
the opportunity to have an observer present.
(vi) Any owner or operator subject to a compliance
schedule above shall certify to the Administrator,
within five days after the deadline for each
increment of progress in that schedule, whether
or not the increment has been met.
(3) (i) None of the above subparagraphs shall apply to
a source which is presently in compliance with
applicable regulations and which has certified
such compliance to the Administrator by October 1,
1973. The Administrator may request whatever
supporting information he considers necessary for
proper certification.
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(ii) Any compliance schedule adopted by the State
and approved by the Administrator shall satisfy
the requirements of this paragraph for the
affected source.
(iii) Any owner or operator subject to a compliance
schedule in this paragraph may submit to the
Administrator no later than October 1, 1973, a
proposed alternative compliance schedule. No
such compliance schedule may provide for final
compliance after the final compliance date in
the applicable compliance schedule of this para-
graph. If promulgated by the Administrator,
such schedule shall satisfy the requirements
of this paragraph for the affected source.
4. Nothing in this paragraph shall preclude the Adminis-
trator from promulgating a separate schedule for any
source to which the application of the compliance
schedules in subparagraph (2) of this paragraph fail
to satisfy the requirements of 51.15 (b) and (c) of
this chapter.
(12.0) 52.731 Inspection and Maintenance of Vehicles
a. Definitions:
1. Inspection and Maintenance Program
"Inspection and Maintenance Program" means a program
to reduce emissions from in-use vehicles through
identifying vehicles that need emission control re-
lated maintenance and requiring that such maintenance
be performed.
2. Vehicle-For-Hi re
"Vehicle-for-hire" means any chauffeur-driven, spark-
ignition-powered motor vehicle used for the purpose
of providing transportation for a fee or charge,
such as taxicabs and limousine services.
3. Spark-Ignition-Powered Motor Vehicle
"Spark-ignition-powered motor vehicle" means a self-
propelled over-the-road vehicle that is powered by
a spark ignition type of internal combustion engine
including but not limited to engines fueled by
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gasoline, propane, butane, and methane compounds.
4. Light-Duty Vehicle
"Light-duty vehicle" means a gasoline-powered motor
vehicle rated at 6,000 Ib gross vehicle weight (GVW)
or less.
5. All other terms used in this section that are defined
in Appendix N of Part 51 of this chapter are used
herein with the meanings so defined.
b. This regulation is applicable in Cook County* Illinois
(including the city of Chicago).
c. 1. The City of Chicago shall design, implement and en-
force an inspection and maintenance program applicable
to all light-duty, spark-ignition-powered motor
vehicles owned and registered in the City of Chicago.
The City may exempt any class or category of vehicles
that the City finds are rarely used on public streets
or highways (such as classic or antique vehicles).
2. The County of Cook shall design, implement and en-
force an inspection and maintenance program appli-
cable to all light-duty, spark-ignition-powered motor
vehicles owned and registered outside the City of
Chicago but within the geographic limits of the County
of Cook. The County may exempt any class or category
of vehicles that the County finds is rarely used on
public streets or highways (such as classic or antique
vehicles).
d. No later than 'February 1, 1974, the City of Chicago and
no later than June 1, 1974, the County of Cook shall submit
to the Administrator for his approval legally adopted
regulations establishing the regulatory scheme for the
inspection and maintenance programs required by paragraph
(c) of this section. The regulations shall include:
1. Provisions requiring inspection of all light-duty,
spark-ignition-powered motor vehicles owned and
operated within the respective geographic juris-
dictions of the City and County at periodic intervals
no more than 1 year apart by means of an idle test,
except that Chicago registered light-duty vehicles-for-
hire shall be inspected at intervals of no more than
4 months apart.
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2. Provisions setting forth inspection criteria and
exhaust emissions standards identical to the inspec-
tion criteria and exhaust emission standards set forth
in section 17-2A.2 of the Environmental Control
Ordinance, Chapter 17 of the Municipal Code of Chicago,
effective June 1, 1973, in the City of Chicago.
3. Provisions ensuring that failed vehicles receive with-
in 30 days the maintenance necessary to achieve com-
pliance with the inspection standards. These shall,
at a minimum impose sanctions against individual
owners and repair facilities, require retest of failed
vehicles following maintenance, require plans for the
establishment of a certification program to ensure
that repair facilities performing the required main-
tenance have the necessary equipment, parts, and
knowledgeable operators to perform the tests satis-
factorily, and provide for such other measures as
necessary or apprppriate.
4. Provisions prohibiting vehicles from being intention-
ally readjusted or modified subsequent to the inspec-
tion and/or maintenance in such a way as would cause
them to no longer comply with the inspection standards.
These might include authorization of spot checks of
idle adjustments and/or requiring a suitable type of
physical tagging on vehicles. These provisions
shall include appropriate penalties for violation.
5. Designation of an agency or agencies responsible for
conducting, overseeing, and enforcing the inspection
and maintenance program. Private parties may be de-
signated to condtlct parts of the program to certify
compliance.
6. Provisions requiring that, with regard to the first in-
spection cycle, the inspection and maintenance neces-
sary to achieve compliance with the appliable emission
standards established pursuant to paragraph (d) (2)
of this section by completed by:
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(a) May 31, 1975, for all vehicles subject to the
inspection program established by the City
of Chicago pursuant to this section;
(b) May 31, 1975, for five-twelfths (5/12) of the
vehicles subject to the inspection program
established by the County of Cook pursuant to
this section; and
(c) December 31, 1975, for the remainder of the
vehicles subject to the Cook County inspection
program.
e. After May 31, 1975, the State of Illinois shall not register
or allow to operate on its streets or highways and the City
of Chicago shall not allow to operate on its streets or
highways any light-duty, spark-ignition-powered motor
vehicle subject to the City of Chicago inspection program
established pursuant to this section that does not comply
with the applicable exhaust emission standards adopted
in accordance with paragraph (d) (2) of this section. This
prohibition shall not apply to the initial registration of
a new motor vehicle.
f. After December 31, 1975, the State of Illinois shall not
register or allow to operate on its streets or highways
and the County of Cook shall not allow to operate on its
streets or highways any light-duty, spark-ignition-powered
motor vehicle subject to the Cook County inspection pro-
gram established pursuant to this section that does not
comply with the applicable exhaust emission standards
adopted in accordance with paragraph (d) (2) of this section.
This prohibition shall not apply to the initial registra-
tion of a new motor vehicle.
g. After May 31, 1975, no person shall cause, permit, or allow
the resale, rental, use, or operation of any spark-ignition-
powered motor vehicle subject to the inspection program
established by the City of Chicago pursuant to this section
that does not comply with the applicable standards and
procedures adopted pursuant to paragraph (d) (2) of this
section. This prohibition shall not apply to the initial
registration of a new motor vehicle.
h. After December 31, 1975, no person shall cause, permit,
or allow the resale, rental, use, or operation of any
spark-ignition-powered motor vehicle subject to the inspec-
tion program established by the County of Cook pursuant
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to this section that does not comply with the applicable
standards and procedures adopted pursuant to paragraph
(d) (2) of this section. This prohibition shall not
apply to the initial registration of a new motor vehicle.
i. No later than February 1, 1974, the City of Chicago and
no later than March 1, 1974, the County of Cook shall
each submit to the Administrator, for his approval, de-
tailed compliance schedules showing the steps they will
take to establish, operate, and enforce the inspection/
maintenance programs required by paragraph (c) of this
section including the text of proposed or adopted regu-
lations and the date by which proposed regulations will
be adopted. The compliance schedule shall also include:
1. The date by which necessary equipment will be ordered,
and
2. A signed statement from the chief executive officers
of the City and/or County identifying the necessary
resources including manpower resources and the sources
and amounts of funds for the respective programs. If
resources cannot be legally obligated under existing
statutory authority the text of needed legislation
shall be submitted.
(12.0) 52.732 - Traffic Flow Improvements
a. Definitions:
1. Central Core Area
"Central Core Area" means that area within the City of
Chicago bounded by and including Wacker Drive on the
North and West Michigan Avenue on the East, and
Harrison on the South.
b. This regulation is applicable within the City of Chicago,
Illinois
c. On and after May 31, 1975, the City of Chicago shall
operate a traffic-responsive, digital-computer-controlled,
trafic signal system covering all intersections within the
Central Core Area.
d. No later than February 1, 1974, the City of Chicago shall
submit to the Administrator, for his approval, a detailed
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compliance schedule showing the steps it will take to
establish and operate the traffic flow improvement system
required by paragraph (c) of this section including:
1. A description of the legal authority for establish-
ing and operating the system, including the text of
proposed or adopted legislation and regulations, and
the dates by which any proposed regulations will be
adopted.
2. Specific dates by which various steps to implement
the traffic flow improvement system will be com-
pleted. Such steps shall Include, as a minimum,
the following: submitting final plans and specifica-
tions for the system to the Administrator for his
approval, ordering necessary equipment, commencing
on-site construction and/or installation, and com-
pleting of on-site construction and/or installation.
3. A signed statement from the Mayor of Chicago or his
designee identifying the sources and amounts of funds
for the traffic flow improvement system. If funds
cannot legally be obligated under existing authority,
the text of needed legislation shall be submitted.
(12.0) 52.733 - Restriction Of On-Street Parking
' *. ' '
a. Definitions:
1. On-Street Parking
i
"On-street parking" means stopping a motor vehicle
on any street, highway, or roadway (except for legal
stops at or before intersections and as caution and
safety require), whether or not a person remains in
the vehicle.
b. 1. Effective September 30, 1974, the City of Chicago shall
prohibit on-street parking by any motor vehicle be-
tween the hours of 6:30 a.m. and 6:30 p.m., Mondays
through Saturdays, on one side of the following streets
within the Central Core Area (as defined in 52.732 of
this chapter): Lake, Randolph, Washington, Madison,
Monroe, Adams, Jackson, Van Buren, Clark, and Dearborn.
2. No later than July 31, 1974, the City of Chicago shall
submit to the Administrator legally adopted regula-
tions establishing such a program. At a minimum, such
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regulations must provide that a vehicle parked in
violation of the prohibition shall be towed away, and
that the owner or operator of such vehicle shall be
fined not less than $50.00 per violation.
c. Commencing September 30, 1974, no owner or a motor vehicle
shall park, or permit the parking of said vehicle in
violation of the prohibition of paragraph (b) (1) of
this section.
d. No later than May 31, 1974, the City of Chicago shall
submit to the Administrator, for his approval, a compli-
ance schedule for implementing the restrictions contained
in paragraph (c) of this section. Said compliance schedule
shall include:
1. A description of the legal authority for establishing
and enforcing the on-street parking prohibition,
including the text of proposed or adopted legislation
and regulations, and the date by which any proposed
regulations will be adopted;
2. Designation of the side of the streets on which on-
street parking shall be prohibited;
3. A schedule for installing no parking signs where
necessary; and
4. A strategy for ensuring strict compliance with the
prohibition, including identification of the city
official responsible for enforcement, and a descrip-
tion of the manpower and financial resources available.
(12.0) 52.734 - Monitoring Transportation Mode Trends
a. This section is applicable in the Metropolitan Chicago
Interstate Air Quality Control Region.
b. In order to assure the effectiveness of the inspection
and maintenance program required under 52.731, the state
of Illinois shall monitor the actual per vehicle emissions
reductions occurring as a result of such section. All
data obtained frofn such monitoring shall be included in
the quarterly report submitted to the Administrator by
the State in accordance with 51.7 of this chapter. The
first quarterly report shall cover the period July 1-
September 30, 1975.
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In order to assure the effective implementation of 52.732
and 52.733 of this chapter, the State shall monitor
vehicle miles traveled and average vehicle speeds for
each area in which such sections are in effect for such
time periods as may be appropriate to evaluate the effective-
ness of such sections. The first quarterly report shall
cover the period from October 1 to December 31, 1974. All
data obtained from such monitoring shall be included in
the quarterly report .submitted to the Administrator by
the State in accordance with 51.7 of this chapter in the
basic format shown ,in Table 1.
TABLE 1
Time period •
Affected area — - •
VMT or average vehicle speed
Roadway type '• r
Vehicle type (1) Vehicle type (2)1
Freeway
Arterial - - - - -
Collector — - - -
Local - —
^Continue with other vehicle types as appropriate.
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(10.0) 52.736 Review of New or Modified Indirect Sources
(b) Regulation for Review of New or Modified Indirect Sources
(1) All terms used in this paragraph but not specifically defined
below shall have the meaning given them in 52.01 of this chapter.
(i) The term "indirect source" means a facility, building,
structure, or installation which attracts or may attract
mobile source activity that results in emissions of a
pollutant for which there is a national standard. Such
indirect sources include, but are not limited to:
(a) Highways and roads.
(b) Parking facilities.
(c) Retail, commercial and industrial facilities.
(d) Recreation, amusement, sports and entertainment
facilities.
(e) Airports.
(f) Office and Government buildings.
(g) Apartment and condominium buildings.
(h) Education facilities.
(ii) The term "Administrator" means the Administrator of the
Environmental Protection Agency or his designated agent.
(iii) The term "associated parking area" means a parking facil-
ity or facilities owned and/or operated in conjunction
with an indirect source.
(iv) The term "aircraft operation" means an aircraft take-off
or landing.
(v) The phrase "to commence construction" means to engage in
a continuous program of on-site construction including
site clearance, grading, dredging, or land filling specif-
ically designed for an indirect source in preparation for
the fabrication, erection, or installation of the build-
ing components of the indirect source. For the purpose
of this paragraph, interruptions resulting from acts of
God, strikes, litigation, or other matters beyond the
control of the owner shall be disregarded in determining
whether a construction or modification program is contin-
uous.
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In order to assure the effective implementation of 52.732
and 52.733 of this chapter, the State shall monitor
vehicle miles traveled and average vehicle speeds for
each area in which such sections are in effect for such
time periods as may be appropriate to evaluate the effective-
ness of such sections. The first quarterly report shall
cover the period from October 1 to December 31, 1974. All
data obtained from such monitoring shall be included in
the quarterly report submitted to the Administrator by
the State in accordance with 51.7 of this chapter in the
basic format shown ,in Table 1.
TABLE 1
Time period - — •
Affected area — -v •
VMT or average vehicle speed
Roadway type
Vehicle type (1) Vehicle type (2)1
Freeway -
Arterial - - - —
Collector
Local
'Continue with other vehicle types as appropriate.
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(10.0) 52.736 Review of New or Modified Indirect Sources
(b) Regulation for Review of New or Modified Indirect Sources
(1) All terms used in this paragraph but not specifically defined
below shall have the meaning given them in 52.01 of this chapter.
(i) The term "indirect source" means a facility, building,
structure, or installation which attracts or may attract
mobile source activity that results in emissions of a
pollutant for which there is a national standard. Such
indirect sources include, but are not limited to:
(a) Highways and roads.
(b) Parking facilities.
(c) Retail, commercial and industrial facilities.
(d) Recreation, amusement, sports and entertainment
facilities.
(e) Airports.
(f) Office and Government buildings.
(g) Apartment and condominium buildings.
(h) Education facilities.
(ii) The term "Administrator" means the Administrator of the
Environmental Protection Agency or his designated agent.
(iii) The term "associated parking area" means a parking facil-
ity or facilities owned and/or operated in conjunction
with an indirect source.
(iv) The term "aircraft operation" means an aircraft take-off
or landing.
(v) The phrase "to commence construction" means to engage in
a continuous program of on-site construction including
site clearance, grading, dredging, or land filling specif-
ically designed for an indirect source in preparation for
the fabrication, erection, or installation of the build-
ing components of the indirect source. For the purpose
of this paragraph, interruptions resulting from acts of
God, strikes, litigation, or other matters beyond the
control of the owner shall be disregarded in determining
whether a construction or modification program is contin-
uous.
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(vi) The phrase "to commence modification" means to engage in
a continuous program of on-site modification, including
site clearance, grading, dredging, or land filling in
preparation for specific modification of the indirect
source.
(vii) The term "highway section" means the development propo-
sal of a highway of substantial length between logical
termini (major crossroads, population centers, major
traffic generators, or similar major highway control ele-
ments) as normally included in a single location study or
multi-year highway improvement program as set forth in
23 CFR 770.201 (38 FR 31677).
(viii) The term "highway project" means all or a portion of a
highway section which would result in a specific con-
struction contract.
(ix) The term "Standard Metropolitan Statistical Area (SMSA)"
means such areas as designated by the U.S. Bureau of the
Budget in the, following publication: "Standard Metro-
politan Statistical Area," issued 1n 1967, with subse-
quent amendments.
(2) The requirements of this paragraph are applicable to the follow-
ing:
(i) In an SMSA: ,
(a) Any new parking facility or other new indirect
source with an associated parking area, which has a
new parking capacity of 1,000 cars or more; or
(b) Any modified parking facility, or any modification
of an associated parking area, which increases
parking capacity by 500 cars or more; or
(c) Any new highway project with an anticipated average
annual daily traffic volume of 20,000 or more vehi-
cles per day within ten years of construction; or
(d) Any modified highway project which will increase
average annual daily traffic volume by 10,000 or
more vehicles per day within ten years after modifi-
cation.
(i.i) Outside an SMSA:
(a) Any new parking facility, or other new indirect
source with an associated parking area, which has
a parking capacity of 2,000 cars or more; or
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(b) Any modified parking facility, or any modification
of an associated parking area, which increases park-
ing capacity by 1,000 cars or more.
(iii) Any airport, the construction or general modification
program of which is expected to result in the following
activity within ten years of construction or modifica-
tion:
(a) New airport: 50,000 or more operations per year by
regularly scheduled air carriers, or use by 1,600,000
or more passengers per year.
(b) Modified airport: Increase of 50,000 or more opera-
tions per year by regularly scheduled air carriers
over the existing volume of operations, or increase
of 1,600,000 or more passengers per year.
(iv) Where an indirect source is constructed or modified in
increments which individually are not subject to review
under this paragraph, and which are not part of a program
of construction or modification in planned incremental
phases approved by the Administrator, all such increments
commenced after December 319 1974* or after the latest
approval hereunder, whichever date is most recent, shall
be added together for determining the applicability of
this paragraph.
(3) No owner or operator of an indirect source subject to this para-
graph shall commence construction or modification of such source
after December 31, 1974, without first obtaining approval from
the Administrator. Application for approval to construct or mod-
ify shall be by means prescribed by the Administrator, and shall
include a copy of any draft or final environmental impact state-
ment which has been prepared pursuant to the National Environmen-
tal Policy Act (42 U.S.C. 4321), If not included in such environ-
mental impact statement, the Administrator may request the follow-
ing information:
(i) For all indirect sources subject to this paragraph, other
than highway projects:
(a) The name and address of the applicant.
(b) A map showing the location of the site of indirect
source and the topography of the area.
(c) A description of the proposed use of the site, in-
cluding the normal hours of operation of the facil-
ity, and the general types of activities to be op-
erated therein.
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published by the Environmental Protection Agency which
relate traffic demand and capacity considerations to am-
bient carbon monoxide impact, by use of appropriate at-
mospheric diffusion models (examples of which are refer-
enced in Appendix 0 to Part 51 of this chapter), and/or
by any other reliable analytic method. The applicant
may (but need not) submit with his application, the re-
sults of an appropriate diffusion model and/or any other
reliable analytic method, along with the technical data
and information supporting such results. Any such results
and supporting data submitted by the applicant shall be
considered by the Administrator in making his determina-
tion pursuant to paragraph (b) (4) (i) (b) of this sec-
tion.
(5) (i) For airports subject to this paragraph, the Administrator
shall base his decision on the approval or disapproval of
an application on the considerations to be published as
an Appendix to this Part.
(ii) For highway projects and parking facilities specified
under paragraph (b) (2) of this section which are assoc-
iated with airports, the requirements and procedures
specified in paragraphs (b) (4) and (6) (i) and (i1) of
this section shall be met.
(6) (i) For all highway projects subject to this paragraph, the
Administrator shall not approve an application to con-
struct or modify if he determines that the indirect source
will:
(a) Cause a violation of the control strategy of any ap-
plicable state implementation plan; or
(b) Cause or exacerbate a violation of the national stan-
dards for carbon monoxide in any region or portion
thereof.
(ii) The determination pursuant to paragraph (b) (6) (i) (b)
of this section shall be made by evaluating the anticipa-
ted concentration of carbon monoxide at reasonable re-
ceptor or exposure sites which will be affected by the
mobile source activity expected on the highway for the ten
year period following the expected date of completion ac-
cording to the procedures specified in paragraph (b) (4)
(ii) of this section.
(iii) For new highway projects subject to this paragraph with
an anticipated average daily traffic volume of 50,000 or
more vehicles within ten years of construction, or mod-
ifications to highway projects subject to this paragraph
which will increase average daily traffic volume by 25,000
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or more vehicles within ten years after modification, the
Administrator's decision on the approval or disapproval
of an application shall be based on the considerations to
be published as an Appendix to this Part in addition to
the requirements of paragraph (b) (6) (i) of this section.
(7) The determination of the air quality impact of a proposed indi-
rect source "at reasonable receptor or exposure sites", shall mean
such locations where people might reasonably be exposed for time
periods consistent with the national ambient air quality standards
for the pollutants specified for analysis pursuant to this para-
graph .
(8) (i) Within 20 days after receipt of an application or addition
thereto, the Administrator shall advise the owner or opera-
tor of any deficiency in the information submitted in sup-
port of the application. In the event of such a defi-
ciency, the date of receipt of the application for the
purpose of paragraph (b) (8) (ii) of this section shall
be the date on which all required information is received
by the Administrator.
(ii) Within 30 days after receipt of a complete application,
the Administrator shall:
(a) Make a preliminary determination whether the indirect
source should be approved, approved with conditions
in accordance with paragraphs (b) (9) or (10) of this
section, or disapproved.
(b) Make available in at least one location in each re-
gion in which the proposed indirect source would be
constructed, a copy of all materials submitted by the
owner or operator,, a copy of the Administrator's
preliminary determination, and £ copy or summary of
other materials,, if anyB considered by the Adminis-
trator in making his preliminat'y determination; and
(c) Notify the public, by prominent advertisement in a
newspaper of general circulation In each region in
which the proposed indirect source would be con-
structed, of the opportunity for written public com-
ment on the information submitted by the owner or
operator and the Administrator's preliminary deter-
mination on the approvabillty of the indirect source.
(iii) A copy of the notice required pursuant to this subpara-
graph shall be sent to the applicant and to officials
and agencies having cognizance over the location where
the indirect source will be situated, as follows: State
and local air pollution control agencies, the chief exec-
utive of the city and county; any comprehensive regional
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land use planning agency; and for highways, any local
board or committee charged with responsibility for activ-
ities in the conduct of the urban transportation planning
process (3-C process) pursuant to 23 U.S.C. 134.
(iv) Public comments submitted in writing within 30 days after
the date such information is made available shall be con-
sidered by the Administrator in making his final decision
on the application. No later than 10 days after the close
of the public comment period, the applicant may submit a
written response to any comments submitted by the public.
The Administrator shall consider the applicant's response
in making his final decision. All comments shall be made
available for public inspection in at least one location
in the region In which the indirect source would be lo-
cated.
(v) The Administrator shall take final action on an applica-
tion within 30 days after the close of the public comment
period. The Administrator shall notify the applicant in
writing of his approval, conditional approval, or denial
of the application, and shall set forth his reasons for
conditional approval or denial. Such notification shall
be made available for public inspection in at least one
location in the region in which the indirect source would
be located.
(vi) The Administrator may extend each of the time periods
specified in paragraphs (b) (8) (ii), (iv), or (v) of
this section by no more than 30 days, or such other peri-
od as agreed to by the applicant and the Administrator.
(9) (i) Whenever an indirect source as proposed by an owner or
operator's application would not be permitted to be con-
structed for failure to meet the tests set forth pursuant
to paragraphs (b) (4) (i), (b) (5) (i), or (b) (6) (i)
and (iii) of this section, the Administrator may impose
reasonable conditions on an approval related to the air
quality aspects of the proposed indirect source so that
such source, if constructed or modified in accordance
with such conditions, could meet the tests set>forth
pursuant to paragraphs (b) (4) (i), (b) (5) (i), or (b)
(6) (i) and (iii) of this section. Such conditions may
Include, but not be limited to:
(a) Binding commitments to roadway improvements or ad-
ditional mass transit facilities to serve the in-
direct source secured by the owner or operator from
governmental agencies having jurisdiction thereof;
(b) Binding commitments by the owner or operator to
specific programs for mass transit incentives for
employees and patrons of the Source; and
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(c)' Binding commitments by the owner or operator to con-
struct, modify, or operate the indirect source in
such a manner as may be necessary to achieve the
traffic flow characteristics published by the Envi-
ronmental Protection Agency pursuant to paragraph
(b) (4) (ii) of this section.
(ii) The Administrator may specify that any items of informa-
tion provided in an application for approval related to
the operation of an indirect source which may affect the
source's air quality impact shall be considered permit
conditions.
(10) Notwithstanding the provisions relating to modified indirect
sources contained in paragraph (b) (2) of this section, the Ad-
ministrator may condition any approval by reducing the extent to
which the indirect source may be further modified without resub-
mission for approval under this paragraph.
(11) Any owner or operator who fails to construct an indirect source
1n accordance with the application as approved by the Administra-
tor; any owner or operator who fails to construct and operate an
indirect source 1n accordance with conditions imposed by the Ad-
ministrator under paragraph (b) (9) of this section; any owner
or operator who modifies an indirect source in violation of con-
ditions Imposed by the Administrator under paragraph (b) (10) of
this section; or any owner or operator of an indirect source
subject to this paragraph who commences construction or modifi-
cation thereof after December 31, 1974, without applying for and
receiving approval hereunder, shall be subject to the penalties
specified under section 113 of the Act and shall be considered in
violation of an emission standard or limitation under section 304
of the Act. Subsequent modification to an approved indirect
source may be made without applying for permission pursuant to
this paragraph only where such modification would not violate any
condition imposed pursuant to paragraphs'(b)- (9) and (10) of this
section and would not be subject to the modification criteria set
forth in paragraph (b) (2) of this section.
(12) Approval to construct or modify shall become invalid if construc-
tion or modification is not commenced within 24 months after re-
ceipt of such approval. The Administrator may extend such time
period upon satisfactory showing that an extension 1s justified.
The applicant may apply for such an extension at the time of ini-
tial application or at any time thereafter.
(13) Approval to construct or modify shall not relieve any owner or
operator of the responsibility to comply with the control strategy
and all local, State and Federal regulations which are part of the
applicable State implementation plan.
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(14) Where the Administrator delegates the responsibility for imple-
menting the procedures for conducting indirect source review pur-
suant to this paragraph to any agency, other than a regional of-
fice of the Environmental Protection Agency, the following pro-
visions shall apply:
(i) Where the agency designated is not an air pollution
control agency, such agency shall consult the appropri-
ate State or local air pollution control agency prior to
making any determination required by paragraphs (b) (4),
(5), or (6) of this section. Similarly, where the agency
designated does not have continuing responsibilities for
land use planning, such agency shall consult with the
appropriate State or local land use and transportation
planning agency prior to making any determination re-
quired by paragraph (b) (9) of this section.
(ii) The Administrator of the Environmental Protection Agency
shall conduct the indirect source review pursuant to
this paragraph for any indirect source owned or operated
by the United States Government.
(iii) A copy of the notice required pursuant to paragraph (b)
(8) (ii) (c) of this section shall be sent to the Admin-
istrator through the appropriate Regional Office.
(15) In any area in which a "management of parking supply" regulation
which has been promulgated by the Administrator is in effect, in-
direct sources which are subject to review under the terms of such
a regulation shall not be required to seek review under this para-
graph but instead shall be required,to seek review pursuant to
such management of parking supply regulation. For purposes of
this paragraph, a "management of parking supply" regulation shall
be any regulation promulgated by the Administrator as part of a
transportation control plan pursuant to the Clean Air Act which
requires that any new or modified facility containing a given num-
ber of parking spaces shall receive a permit or other prior approv-
al, issuance of which is to be conditioned on air quality consid-
erations.
(16) Notwithstanding any of the foregoing provisions to the contrary,
the operation of this paragraph is hereby suspended pending fur-
ther notice. No facility which commences construction prior to
the expiration of the sixth month after the operation of this para-
graph is reinstated (as to that type of facility) shall be subject
to this paragraph.
(37 FR 10846, May 31, 1972 as amended at 40 FR 28065, July 3,
1975; 40 FR 40160, Sept. 2, 1975)
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(17.0) 52.738 Prevention of Significant Deterioration
(b) Definitions. For the purposes of this section:
(1) "Facility" means an identifiable piece of process equipment. A
stationary source is composed of one or more pollutant-emitting
facilities.
(2) The phrase "Administrator" means the Administrator of the Envi-
ronmental Protection Agency or his designated representative.
(3) The phrase "Federal Land Manager" means the head, or his desig-
nated representative, of any Department or Agency of the Fed-
eral Government which administers federally-owned land, includ-
ing public domain lands.
(4) The phrase "Indian Reservation" means any federally-recognized
reservation established by Treaty, Agreement, Executive Order,
or Act of Congress.
(5) The phrase "Indian Governing Body" means the governing body of
any tribe, band, or group of Indians subject to the jurisdiction
of the United States and recognized by the United States as pos-
sessing power of self-government.
(6) "Construction" means fabrication, erection or installation of a
stationary source.
(7) "Commenced" means that an owner or operator has undertaken a
continuous program of construction or modification or that an
owner or operator has entered into a contractual obligation to
undertake and complete, within a reasonable time, a continuous
program of construction or modification,,
(c) Area designation and deterioration increment
(1) The provisions of this paragraph have been incorporated by ref-
erence Into the applicable implementation plans for various
States, as provided in Subparts B through ODD of this part. Where
this paragraph is so incorporated, the provisions shall also be
applicable to all lands owned by the Federal Government and In-
dian Reservations located in such State. The provisions of this
paragraph do not apply in those counties or other functionally
equivalent areas that pervasively exceeded any national ambient
air quality standards during 1974 for sulfur dioxide or particu-
late matter and then only with respect to such pollutants.
States may notify the Administrator at any time of those areas
which exceeded the national standards during 1974 and therefore
are exempt from the requirements of this paragraph.
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(2) (i) For purposes of this paragraph, areas designated as.,Class
I or II shall be limited to the following increases in
pollutant concentration occurring since January 1, 1975:
Area Designations
Pollutant Class I Class II
(ug/m3) (ug/m3)
Particulate matter:
Annual geometric mean 5 10
24-hr maximum 10 30
Sulfur dioxide:
Annual arithmetic mean 2 15
24-hr maximum 5 100
3-hr maximum 25 700
(ii) For purposes of this paragraph, areas designated as Class
III shall be limited tO"concentrat1ons~of partial!ate
matter and sulfur dioxide no greater than the national
ambient air quality standards.
(iii) The air quality impact of sources granted approval to
construct or modify prior to January 1, 1975 (pursuant to
the approved new source review procedures in the plan)
but not yet operating prior to January 1, 1975, shall not
be counted against the air quality increments specified
in paragraph (c) (2) (i) of this section.
(3) (i) All areas are designated Class II as of the effective
date of this paragraph. Redesignation may be proposed by
the respective States, Federal Land Manager, or Indian
Governing Bodies, as provided below, subject to approval
by the Administrator.
(ii) The State may submit to the Administrator a proposal to
redesignate areas of the State Class I, Class II, or
Class III, provided that:
(a) At least one public hearing is held in or near the
area affected and this public hearing is held in
accordance with procedures established in 51.4 of
this chapter, and
(b) Other States, Indian Governing Bodies, and Federal
Land Managers whose lands may be affected by the
proposed redesignation are notified at least 30 days
prior to the public hearing, and
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(c) A discussion of the reasons for the proposed redes-
ignation is available for public inspection at least
30 days prior to the hearing and the notice announc-
ing the hearing contains appropriate notification of
the availability of such discussion, and
(d) The proposed redesignation is based on the record of
the State's hearing, which must reflect the basis
for the proposed redesignation, including consider-
ation of (1) growth anticipated in the area, (2)
the social, environmental, and economic effects of
such redesignation upon the area being proposed for
redesignation and upon other areas and States, and
(3) any impacts of such proposed redesignation upon
regional or national interests.
(e) The redesignation is proposed after consultation
with the elected leadership of local and other sub-
state general purpose governments in the area cov-
ered by the proposed redesignation.
(iii) Except as provided in paragraph (c) (3) (iv) of this
section, a State in which lands owned by the Federal Gov-
ernment are located may submit to the Administrator a
proposal to redesignate such lands Class I, Class II, or
Class III in accordance with subdivision (ii) of this
subparagraph provided that:
(a) The redesignation is consistent with adjacent State
and privately owned land, and
(b) Such redesignation is proposed after consultation
with the Federal Land Manager.
(iv) Notwithstanding subdivision (iii) of this subparagraph,
the Federal Land Manager may submit to the Administrator
a proposal to redesignate any Federal lands to a more
restrictive designation than would otherwise be applic-
able provided that:
(a) The Federal Land Manager follows procedures equiv-
alent to those required of States under paragraph
(c) (3).(11) and.
(b) Such redesignation 1s proposed after consultation
with the State(s) in which the Federal Land is lo-
cated or which border the Federal Land.
(v) Nothing in this section is intended to convey authority
to the States over Indian Reservations where States have
not assumed such authority under other laws nor is it
intended to deny jurisdiction which States have assumed
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under other laws. Where a State has not assumed juris-
diction over an Indian Reservation the appropriate In-
dian Governing Body may submit to the Administrator a
proposal to redesignate areas Class I, Class II, or
Class III, provided that:
(a) The Indian Governing Body follows procedures equiv-
alent to those required of States under paragraph
(c) (3) (ii) and,
(b) Such redesignation is proposed after consultation
with the State(s) in which the Indian Reservation
is located or which border the Indian Reservation
and, for those lands held in trust, with the approv-
al of the Secretary of the Interior.
(vi) The Administrator shall approve, within 90 days, any re-
designation proposed pursuant to this subparagraph as
follows:
(a) Any redesignation proposed pursuant to subdivisions
(11) and (111) of this subparagraph shall be approv-
ed unless the Administrator determines (1) that the
requirements of subdivisions (11) and (111) of this
subparagraph have not been complied with, (2) that
the State has arbitrarily and capriciously disre-
garded relevant considerations set forth 1n sub-
paragraph (3) (11) (d) of this paragraph, or (3)
that the State has not requested and received dele-
gation of responsibility for carrying out the new
source review requirements of paragraphs (d) and (e)
of this section.
(b) Any redesignation proposed pursuant to subdivision
(iv) of this subparagraph shall be approved unless
he determines (1) that the requirements of subdivi-
sion (iv) of this subparagraph have not been complied
with, or (2) that the Federal Land Manager has arbi-
trarily and capriciously disregarded relevant con-
siderations set forth in subparagraph (3) (ii) (d) of
this paragraph.
(c) Any redesignation submitted pursuant to subdivision
(v) of this subparagraph shall be approved unless he
determines (1) that the requirements of subdivision
(v) of this subparagraph have not been complied with,
or (2) that the Indian Governing Body has arbitrar-
ily and capriciously disregarded relevant consider-
ations set forth in subparagraph (3) (ii) (d) of this
paragraph.
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(d) Any redesignation proposed pursuant to this para-
graph shall be approved only after the Administrator
has solicited written comments from affected Federal
agencies and Indian Governing Bodies and from the
public on the proposal.
(e) Any proposed redesignation protested to the propos-
ing State, Indian Governing Body, or Federal Land
Manager and to the Administrator by another State or
Indian Governing Body because of the effects upon
such protesting State or Indian Reservation shall be
approved by the Administrator only if he determines
that in his judgment the redesignation appropriately
balances considerations of growth anticipated in the
area proposed to be redesignated; the social, envi-
ronmental and economic effects of such redesignation
upon the area being redesignated and upon other areas
and States; and any impacts upon regional or nation-
al interests.
(f) The requirements of paragraph (c) (3) (vi) (a) (3)
that a State request and receive delegation of the
new source review requirements of this section as a
condition to approval of a proposed redesignation,
shall Include as a minimum receiving the administra-
tive and technical functions of the new source re-
view. The Administrator will carry out any required
enforcement action in cases where the State does not
have adequate legal authority to initiate such ac-
tions. The Administrator may waive the requirements
of paragraph (c) (3) (vi) (a) (3) if the State Attor-
ney-General has determined that the State cannot ac-
cept delegation of the administrative/technical func-
tions.
(vii) If the Administrator disapproves any proposed area desig-
nation under this subparagraph, the State, Federal Land
Manager or Indian Governing Body, as appropriate, may re-
submit the proposal after correcting the deficiencies
noted by the Administrator or reconsidering any area des-
ignation determined by the Administrator to be arbitrary
and capricious.
(d) Review of new sources
(1) The provisions of this paragraph have been incorporated by refer-
ence into the applicable implementation plans for various States,
as provided in Subparts B through ODD of this part. Where this
paragraph is so incorporated, the requirements of this paragraph
apply to any new or modified stationary source of the type iden-
tified below which has not commenced construction or modification
prior to June 1, 1975 except as specifically provided below. A
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source which is modified, but does not increase the amount of
sulfur oxides or particulate matter emitted, or is modified to
utilize an alternative fuel, or higher sulfur content fuel, shall
not be subject to this paragraph.
(i) Fossil-Fuel Steam Electric Plants of more than 1000 mil-
lion B.T.U. per hour heat input.
(ii). Coal Cleaning Plants.
(iii) Kraft Pulp Mills.
(iv) Portland Cement Plants.
(v) Primary Zinc Smelters.
(vi) Iron and Steel Mills.
(vii) Primary Aluminum Ore Reduction Plants.
(viii) Primary Copper Smelters.
(ix) Municipal Incinerators capable of charging more than' 250
tons of refuse per 24 hour day.
(x) Sulfuric Acid Plants.
(xi) Petroleum Refineries.
(xii) Lime Plants.
(xiii) Phosphate Rock Processing Plants.
(xiv) By-Product Coke Oven Batteries.
(xv.) Sulfur Recovery Plants.
(xvi) Carbon Black Plants (furnace process).
(xvii) Primary Lead Smelters.
(xviii) Fuel Conversion Plants.
(xix) Ferroalloy production facilities commencing construction
after October 5, 1975.
(2) No owner or operator shall commence construction or modification
of a source subject to this paragraph unless the Administrator de-
termines that, on the basis of information submitted pursuant to
subparagraph (3) of this paragraph:
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(i) The effect on air quality concentration of the source or
modified source, in conjunction with the effects of growth
and reduction in emissions after January 1, 1975, of other
sources in the area affected by the proposed source, will
not violate the air quality increments applicable in the
area where the source will be located nor the air quality
increments applicable in any other areas. The analysis of
emissions growth and reduction after January 1, 1975, of
other sources in the areas affected by the proposed source
shall include all new and modified sources granted approv-
al to construct pursuant to this paragraph; reduction in
emissions from existing sources which contributed to air
quality during all or part of 1974; and general commer-
cial, residential, industrial, and other sources of emis-
sions growth not exempted by paragraph (c) (2) (111) of
this section which has occurred since January 1, 1975.
(ii) The new or modified source will meet an emission limit,
to be specified by the Administrator as a condition to
approval, which represents that level of emission reduc-
tion which would be achieved by the application of best
available control technology, as defined in 52.01 (f),
for particulate matter and sulfur dioxide. If the Admin-
istrator determines that technological or economic limi-
tations on the application of measurement methodology to
a particular class of sources would make the imposition
of an emission standard infeasible, he may instead pre-
scribe a design or equipment standard requiring the appli-
cation of best available control technology. Such standard
shall to the degree possible set forth the emission re-
ductions achievable by implementation of such design or
equipment, and shall provide for compliance by means which
achieve equivalent results.
(iii) With respect to modified sources, the requirements of sub-
paragraph (2) (ii) of this paragraph shall be applicable
only to the facility or facilities from which emissions
are increased.
(3) In making the determinations required by paragraph (d) (2) of this
section, the Administrator shall, as a minimum, require the owner
or operator of the source subject to this paragraph to submit:
site information, plans, description, specifications, and drawings
showing the design of the source; information necessary to de-
termine the impact that the construction or modification will have
on sulfur dioxide and particulate matter air quality levels; and
any other information necessary to determine that best available
control technology will be applied. Upon request of the Adminis-
trator, the owner or operator of the source shall provide informa-
tion on the nature and extent of general commercial, residential,
industrial, and other growth which has occurred in the area af-
fected by the source's emissions (such area to be specified by the
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Administrator) since January 1, 1975.
(4) (i) Where a new or modified source is located on Federal
Lands, such source shall be subject to the procedures
set forth in paragraphs (d) and (e) of this section.
Such procedures shall be in addition to applicable pro-
cedures conducted by the Federal Land Manager for admin-
istration and protection of the affected Federal Lands.
Where feasible, the Administrator will coordinate his
review and hearings with the Federal Land Manager to
avoid duplicate administrative procedures.
(ii) New or modified sources which are located on Indian .,
Reservations shall be subject to procedures set forth in
paragraphs (d) and (e) of this section. Such procedures
shall be administered by the Administrator in cooperation
with the Secretary of the Interior with respect to lands
over which the State has not assumed jurisdiction under
other laws.
(iii) Whenever any new or modified source is subject to action
by a Federal Agency which might necessitate preparation
of an environmental impact statement pursuant to the
National Environmental Policy Act (42 U.S.C. 4321), re-
view by the Administrator conducted pursuant to this
paragraph shall be coordinated with the broad environmen-
tal reviews under that Act, to the maximum extent feas-
ible and reasonable.
(5) Where an owner or operator has applied for permission to con-
struct or modify pursuant to this paragraph and the proposed
source would be located in an area which has been proposed for
redesignation to a more stringent class (or the State, Indian
Governing Body, or Federal Land Manager has announced such con-
sideration), approval shall not be granted until the Administra-
tor has acted on the proposed redesignation.
(e) Procedures for public.participation
(1) (i) Within 20 days after receipt of an application to con-
struct, or any addition to such application, the Admin-
istrator shall advise the owner or operator of any de-
ficiency in the information submitted in support of the
application. In the event of such a deficiency, the date
of receipt of the application for the purpose of para-
graph (e) (1) (ii) of this section shall be the date on
which all required information is received by the Admin-
istrator.
(ii) Within 30 days after receipt of a complete application,
the Administrator shall:
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(a) Make a preliminary determination whether the source
should be approved, approved with conditions, or dis-
approved.
(b) Make available in at least one location in each re-
gion in which the proposed source would be construct-
ed, a copy of all materials submitted by the owner or
operator, a copy of the Administrator's preliminary
determination and a copy or summary of other materi-
als, if any, considered by the Administrator in mak-
ing his preliminary determination; and
(c) Notify the public, by prominent advertisement in
newspaper of general circulation in each region in
which the proposed source would be constructed, of
the opportunity for written public comment on the in-
formation submitted by the owner or operator and the
Administrator's preliminary determination on the ap-
pro vabllity of the source.
(1i1) A copy of the notice required pursuant to this subpara-
graph shall be sent to the applicant and to officials and
agencies having cognizance over the locations where the
source will be situated as follows: State and local air
pollution control agencies, the chief executive of the
city and county; any comprehensive regional land use plan-
ning agency; and any State, Federal Land Manager or In-
dian Governing Body whose lands will be significantly af-
fected by the source's emissions.
(iv) Public comments submitted in writing within 30 days after
the date such information is made available shall be con-
sidered by the Administrator in making his final decision
on the application. No later than 10 days after the
close of the public comment period, the applicant may sub-
mit a written response to any comments submitted by the
public. The Administrator shall consider the applicant's
response in making his final decision. All comments shall
be made available for public"Inspection in at least one
location in the region in which the source would be located.
(v) The Administrator shall take final action on an applica-
tion within 30 days after the close of the public comment
period. The Administrator shall notify the applicant in
writing of his approval, conditional approval, or denial
of the application, and shall set forth his reasons for
conditional approval or denial. Such notification shall
be made available for public inspection in at least one
location in the region in which the source would be lo-
cated.
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(vi) The Administrator may extend each of the time periods
specified in paragraph (e) (1) (ii), (1v), or (v) of this
section by no more than 30 days or such other period as
agreed to by the applicant and the Administrator.
(2) Any owner or operator who constructs, modifies, or operates a
stationary source not in accordance with the application, as ap-
proved and conditioned by the Administrator, or any owner or op-
erator of a stationary source subject to this paragraph who com-
mences construction or modification after June 1, 1975, without
applying for and receiving approval hereunder, shall be subject
to enforcement action under section 113 of the Act.
(3) Approval to construct or modify shall become invalid if construc-
tion or expansion is not commenced within 18 months after receipt,
of such approval or if construction is discontinued for a period
of 18 months or more. The Administrator may extend such time pe-
riod upon a satisfactory showing that an extension is justified.
(4) Approval to construct or modify shall not relieve any owner or
operator of the responsibility to comply with the control strat-
egy and all local, State, and Federal regulations which are part
of the applicable State Implementation Plan.
(f) Delegation of authority
(1) The Administrator shall have the authority to delegate responsi-
bility for implementing the procedures for conducting source re-
view pursuant to paragraphs (d) and (e), in accordance with sub-
paragraphs (2), (3), and (4) of this paragraph.
(2) Where the Administrator delegates the responsibility for imple-
menting the procedures for conducting source review pursuant to
this section to any Agency, other than a regional office of the
Environmental Protection Agency, the following provisions shall
apply:
(i) Where the agency designated is not an air pollution con-
trol agency, such agency shall consult with the appropri-
ate State and local air pollution control agency prior to
making any determination required by paragraph (d) of
this section. Similarly, where the agency designated
does not have continuing responsibilities for managing
land use, such agency shall consult with the appropriate
State and local agency which is primarily responsible for
managing land use prior to making any determination re-
quired by paragraph (d) of this section.
(ii) A copy of the notice pursuant to paragraph (e) .(1)
(c) of this section shall be sent to the Administrator
through the appropriate regional office.
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(3) In accordance with Executive Order 11752, the Administrator's
authority for implementing the procedures for conducting source
review pursuant to this section shall not be delegated, other than
to a regional office of th%.Environmental Protection Agency, for
new or modified sources which are owned or operated by the Federal
government or for new or modified sources located on Federal lands;
except that, with respect to the latter category, where new or
modified sources are constructed or operated on Federal lands pur-
suant to leasing or other Federal agreements, the Federal land
Manager may at his discretion, to the extent permissible under ap-
plicable statutes and regulations, require the lessee or permittee
to be subject to a designated State or local agency's procedures
developed pursuant to paragraphs (d) and (e) of this section.
(4) The Administrator's authority for implementing the procedures for
conducting source review pursuant to this section shall not be re-
delegated, other than to a regional office of the Environmental
Protection Agency, for new or modified sources which are located
on Indian reservations except where the State has assumed juris-
diction over such land under other laws, in which case the Admin-
istrator may delegate his authority to the States in accordance
with subparagraphs (2), (3), and (4) of this paragraph.
(39 FR 42514, Dec. 5, 1974; 40 FR 2802, Jan. 16, 1975, as
amended at 40 FR 24535, June 9, 1975; 40 FR 25005, June 12,
2975; 40 FR 42012, Sept. 10, 1975)
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