No. 495 Illinois Pollution Control Board News June-July, 1995
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ENVIRONMENTAL REGISTER No. 495 Illinois Pollution Control Board News June-July, 1995 CHAIRMAN AND BOARD MEMBERS RECONFIRMED On May 16, 1995, Governor Jim Edgar announced the reappointments of Claire A. Manning as Chairman and Marili McFawn and Joseph Yi as Members to three-year terms commencing July 1, 1995. Senate confirmation of the reappointments occurred on May 26, 1995. The Board and staff congratulate Chairman Manning and Members McFawn and Yi on their reappointments. Claire A. Manning became Chairman of the Board on May 1, 1993. Prior to chairing the Board, Ms. Manning served three terms as an appointed Member of the State Labor Relations Board and before that had served as Chief Labor Relations Counsel for the State of Illinois. Ms. Manning graduated from the Loyola University of Chicago School of Law in 1979. Chairman Manning, a resident of Williamsville, established a Springfield office for the Pollution Control Board near the capitol complex. Marili McFawn was initially appointed to the Board on November 12, 1993. She is an attorney and was a partner in the law firm of Schiff, Hardin & Waite. Prior to that, Ms. McFawn worked as an attorney-assistant for the Board and as an enforcement staff attorney for the Illinois EPA. Ms. McFawn received her Juris Doctor in 1979 from the Loyola University School of Law in Chicago. Member McFawn is a resident of Inverness whose office is located in the James R. Thompson Center, in Chicago. Governor Edgar initially appointed Joseph Yi to the Board on September 12, 1994. Mr. Yi is a retired Professional Engineer who graduated from the Illinois Institute of Technology. Mr. Yi formerly worked for the Illinois Department of Transportation, the City of Evanston, Illinois, Metcalf & Eddy, Inc., and was a partner in the engineering firm of Nakawatase, Rutkowski, Wyns & Yi, Inc. Member Yi is a resident of Park Ridge whose office is also located in the James R. Thompson Center. POLLUTION CONTROL BOARD 25th ANNIVERSARY DINNER The Board is planning a dinner to celebrate the 25th year since passage of the Illinois Environmental Protection Act and creation of the Board. The event is scheduled for September 6, 1995 at the Hyatt Regency Hotel in Chicago. It commemorates the Board's twenty-five years of service and leadership in environmental regulation and adjudication and celebrates advances in environmental protection. The dinner is sponsored by the Board, in conjunction with the Chicago Bar Association and the Illinois State Bar Association, Environmental Law Section. The cost is $40 per person or $500 per table. All costs will be assumed by that charge. Any proceeds will go to the Irv Goodman Fund, an environmental educational fund run by the Chicago Bar Association in commemoration of deceased Board member Irv Goodman. The event will be co-chaired by current Board Chairman Claire Manning and the original Board Chairman, Professor David Currie. Please direct inquiries to Sandra Wiley, at 312-814-3623. Printed on Recycled Paper Page 2/ June-July, 1995 Environmental Register No. 495 RULEMAKING UPDATE objection on April 18, 1995. The Board filed the amendments with the Secretary of State and they PART VII 15% ROP REGULATIONS ADOPTED, became effective on May 22, 1995. The amendments R94-33 appeared in the June 2, 1995 Illinois Register. Direct questions on the Part VII amendments to Audrey On May 4, 1995, the Board adopted Part VII of the Lozuk, at 312-814-6923. Please refer to docket R94- 15 percent rate of progress (ROP) plan for volatile 33. organic material emissions. This part, docketed as R94-33, was a segment of regulatory amendments The Board has now completed all seven segments of necessitated by the federal Clean Air Act Amendments the Illinois 15% ROP plan. The seven parts of the of 1990 (CAAA). Adoption of the Part VII ROP Illinois ROP plan and their respective dates of rules completed the last of the 15% ROP proceedings adoption and effective dates are described as follows: filed with the Board. Part I 15% ROP Amendments, R94-12 The CAAA requires a reduction in ozone precursor The Board adopted the Part I ROP amendments on emissions in areas designated as moderate or severe September 15, 1994, under docket number R94-12. nonattainment for ozone. In sum, the seven ROP plan The Part I amendments required the use of pressure- segments sought a 15 percent 1990 VOM emissions vacuum relief valves on vent tubes at gasoline levels in the Chicago and Metro-East St. Louis areas. dispensing operations in both the Chicago and Metro- The Agency stated that the state is federally required East areas and a lowering of the Reid vapor pressure to reduce VOM emissions by 250 tons per day (tpd) in (RVP) on gasoline from 9.0 psi to 7.2 psi in the the Chicago area and by 27 tpd in the Metro-East Metro-East area. The vacuum-pressure relief aspects area. of these amendments were anticipated to reduce emis- The Board accepted the seven 15% ROP plan sions by 4 tpd in the Chicago area and by 0.4 tpd in rulemaking proposals pursuant to the "fast-track" the Metro-East area. The use of 7.2 RVP fuel was rulemaking provisions of Section 28.5 of the expected to reduce emissions 8.5 tpd in the Metro- Environmental Protection Act (Act), which required East St. Louis area. The Part I 15% ROP the Board to proceed within set time-frames toward amendments were filed with the Secretary of State and the adoption of the proposed amendments. The Board became effective on September 21, 1994. lacked any discretion under the statute to adjust these time-frames under any circumstances. Under Section Part II 15% ROP Amendments, R94-15 28.5(o), the Board must have adopted the proposal for The Board adopted the Part II amendments on Second Notice within 130 days on receipt of the October 20, 1994, under docket number R94-15. The proposal from the Agency. Section 28.5(p) required Part II amendments extended VOM emissions control that the Board must adopt and file final rules based on measures to the loading of marine vessels and deletion the proposal within 21 days of when it receives a of the exemption for barge loading from the regu- Certificate of No Objection from the Joint Committee lations applicable to "Miscellaneous Fabricated on Administrative Rules (JCAR). Product Manufacturing Processes", "Miscellaneous The Agency filed the Part VII ROP proposal on Formulated Manufacturing Processes", November 14, 1994. On November 18, 1994, the "Miscellaneous Organic Chemical Manufacturing Board proposed the Part VII ROP amendments for Processes", and "Other Emissions Units" source First Notice publication in the Illinois Register and categories. The Part II amendments was expected to conducted one public hearing in R94-33 on January 4, reduce the VOM emissions by 1.3 tpd in the Chicago 1995. The hearing officer cancelled subsequent area and by 11.82 tpd in the Metro-East area. The scheduled hearings for the statutorily-prescribed Part II 15% ROP amendments were filed with the reasons due to the low level of public interest in Secretary of State and became effective on October further hearings on the proposal. Notices of Proposed 25, 1994. Amendments appeared in the December 16, 1994 Part III 15% ROP Amendments, R94-16 Illinois Register. The First Notice public comment The Board adopted the Part III ROP amendments period ended after 45 days, on January 30, 1995. On on October 20, 1994, under docket number R94-16. March 16, 1995, the Board proposed the Part VII The Part III amendments made the standards of Parts amendments for Second Notice review by JCAR. 218 and 219, Subpart B, "Organic Emissions from JCAR considered the amendments and voted no Storage and Loading Operations", and Subpart V, Environmental Register No. 495 June-July, 1995/Page 3 "Total Resource Effectiveness" (TRE), more solution, and alcohol. The amendments further stringent. The Part III plan rules added the federal established control measures for VOM emissions from Control Technology Guidelines (CTG) and Alternative lithographic printers in the Chicago and Metro-East Control Technology (ACT) recommended controls for areas. The Part V amendments also made minor volatile organic liquids (VOLs) and volatile petroleum corrective amendments to the existing regulations. liquids (VPLs). It was anticipated that the TRE The Part V amendments were expected to affect about amendments would reduce VOM emissions by 4.05 113 facilities in the Chicago area and one source in the tpd in the metropolitan Chicago area by 1996 and by Metro-East area. It was estimated that the Part V an additional 1.58 tpd by 1999. The VOL/VPL amendments would reduce VOM emissions by 4.0 tpd amendments were expected to reduce the VOM in the Chicago area and by minimal amounts in the emissions by 2.18 tpd in the Chicago area. No Metro-East area. The Part V 15% ROP amendments reductions were anticipated in the Metro-East area. were filed with the Secretary of State and became The Part III 15% ROP amendments were filed with effective on May 9, 1995. the Secretary of State and became effective on Part VI 15% ROP Amendments, R94-32 November 15, 1994. On April 20, 1995, the Board adopted the Part V Part IV 15% ROP Amendments, R94-21 15% ROP amendments, under docket number R94- The Board adopted the Part IV ROP amendments 32. The Part VI amendments lowered VOM on April 20, 1995, under docket number R94-21. emissions from motor vehicle refinishing operations in The Part IV amendments lowered the VOM content of the Chicago and Metro-East areas.