ILLINOIS ENVIRONMENTAL PROTECTION AGENCY 

1021 NORTH GRAND AVENUE EAsT, P.O. BOX 19276, SPRINGFIELD, ILLINOIS 62794-9276 • (217)782-2829 

217/782-9540 

217/782-9143 (TDD) 

April 11, 2013 

Ms. Susan Hedman 

PAT QUINN, GOVERNOR LISA BONNETT, DIRECTOR 

CERTIFIED MAIL 

RETURN RECEIPT REQUESTED 

7012 0470 0001 2998 5393 

Regional Administrator 

R.EcBIVEn 

APR 16 2013 

OFFICE ~F~s~ia~~~~~~~JOR 

U. S. Environmental Protection Agency, Region 5 

77 West Jackson Boulevard (R-19J) 

Chicago, IL 60604-3507 

Re: Annual Emission Report State Implementation Plan (SIP) Submittal 

Dear Ms. Hedman: 

Pursuant to Section 110(a)(2) ofthe Clean Air Act (CAA) (42 U.S.C. §7410 (a)(2)) and Section 

28 of the Illinois Environmental Protection Act ( 415 ILCS 5/28), the Illinois Environmental 

Protection Agency (Illinois EPA) submits the following amendments to the Illinois State 

Implementation Plan (SIP). The adopted amendments revise 35 Ill Admin. Code Part 254 to 

allow emission sources to not take into account greenhouse gas emissions when determining 

whether they fill out the long-form or short-form annual emission report for submission to the 

Illinois EPA. 

A Notice of Public Information, which included an opportunity for a hearing, was published in 

the Illinois Register in Volume 36, Issue 52, p. 18994 on December 28, 2012. No request was 

made and a "No Public Hearing Request" notice was placed on the Illinois EPA's website on 

February6, 2013. 

On September 30, 2011, the Illinois EPA filed a proposal with the Illinois Secretary of State to 

amend 35 Ill. Adm. Code Part 254. 

In order to assist with your review of this plan revision submittal, the following documents are 

enclosed (two hard copies and one exact duplicate electronic copy on disc): 

Attachment 1) 

Attachment 2) 

Attachment 3) 

Attachment 4) 

Attachment 5) 

Attachment 6) 

Attachment 7) 

First Notice of Amendments filed on September 30, 2011. 

Proposed Rule published in Illinois Register at Volume 35, Issue 42, page 

16178 on October 14,2011. 

Analysis of Economic and Budgetary Effects, dated November 21,2011. 

Second Notice of Proposed Amendments, dated January 31, 2012. 

Filing and Publication of Adopted Amendments, dated Aprill3, 2012. 

Adopted Rule published in Illinois Register at Volume 36, Issue 18, page 

6809 on May4, 2012. 

Notice of Public Information filed on December 13, 2012. 

4302 N. Main St.. Rockford. It 611 03 (8151987 -7760 9511 Harrison St.. Des Plolnes.ll60016 18471294-4000 

4302 N. MQin St., Rockford, IL 61103 (815)987-7760 

595 S. Stole, Elgin, IL 601 23 (847)608-3131 

2125 S. Fi~SI St., Chompoigr~, ll 61820 [217)278-5800 

2009 MoJI St., Collinsville, ll62234 (618)346-5120 

951 1 Ho(rison St., Des Plaines, ll 60016 (847]294·4000 

5407 N. Univ@:rsity St., Atbor 113, P~orio, IL 61614 (309]693·5462 

2309 W. Moin St., Swile 11 6, Morion, IL 62959 (618]993·7200 

100 W. Rondol~f'r, Suite 1 0·300, Cf'ricogo, IL 6060l (312]814·6026 
Attachment 8) 

Attachment 9) 

Notice of Public Information published in Illinois Register at Volume 36, 

Issue 52, page 18994 on December 28, 2012. 

Notice of No Public Hearing Requested put on the Illinois EPA website on 

February 6, 2013. 

If further information is required, please contact Charles Matoesian at 217/782-5544. 

Director 

Attachments 
bee: Laurel Kroack- letter 

Vicky Beatty- letter 

Jim Ross- letter 

Jackie Sims- letter 

Charles Matoesian- letter 

Shannon Bilbruck- letter, attachments 

David Bloomberg- letter, attachments for file 
ATTACHMENT 1
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY 

1021 North Grand Avenue East, P.O. Box 19276, Springfield, Illinois 62794-9276 • (217) 782-2829 

james R. Thompson Center, 100 West Randolph, Suite 11-300, Chicago, IL 60601 • (312) R 14-6026 

PAT QutNN, GovERNOR 

September 30, 20 II 

Christine Works 

Index Department 

Administrative Code Division 

Office of the Secretary of State 

Ill East Monroe 

Springfield, Illinois 62756 

DouGLAS P. Scan. DIRECTOR 

Re: Initiation of First Notice for the Amendments to Annual Emissions Report, 35 Ill. 

Adm. Code 254 and Procedures for Collection of Air Pollution Fees, 35 Ill. Adm. 

Code 251 

Dear Ms. Works: 

Enclosed are the original and two (2) copies of the Notice of Proposed 

Rules, one original and two (2) copies of a complete table of contents with source 

and authority notes, the text of the rulemaking showing the way the Illinois EPA 

wishes the rule to read and a CD Rom containing electronic copies of the documents. · 

If you have any questions, please contact me at 217-782-5544. 

Sincerely, 

Charles E. Matoesian 

Assistant Counsel 

Division of Legal Counsel 

Rockford • 43(}2 N. M<1in St., Ror:kford, IL 61103 • {815) 987-7760 

Elgin • 595 S. State, Elgin, IL601 23 • (047) 601'1-3131 

Bureau of land- Peoriil • 7620 N. University St~ Pc:nria, IL (,1614 • (309) 693-5462 

Collinsvill<' • -2009 Mall Street. Collinsville, II. {>2234 • {618) 346-5120 

Des Plaines • 9511 W. Harrison $1., Des Plain~. IL 60Q1(, • (f\47) 294-4000 

Peoria• 5415 N. Univer~ity 51., Peoria, IL 61614 • (309) (>93-5463 

Champaign • 2125 S. first St., Champaign, IL 61820 • (217) 278·5BOO 

Marion• 2309 VI/. Miiin SL, Suite 116, Marion, H. 02959 • (618) 993-7200 
ILLINOIS REGISTER 

ENVIRONMENTAL PROTECTION AGENCY 

NOTICE OF PROPOSED AMENDMENTS 

I) Heading of the Part: Annual Emissions Report 

2) Code Citation: 3 5 Ill. Adm. Code 254 

3) Section Numbers: 

254.102 

Proposed Action: 

Amended 

4) Statutorv Authority: Implementing and authorized by Section 4(b) of the Illinois 

Environmental Protection Act. [415 ILCS 5/4/(b)) 

5) A Complete Description of the Subjects and Issues Involved: This rulemaking will 

amend the regulations to declare that the type of Annual Emission Report an entity files 

will not be based upon the entity's greenhouse gas emissions. Instead, the criteria 

pollutant emissions will continue to control whether the entity files the long or short 

form. 

• 

6) Published studies or reports. and sources of underlving data. used to compose this 

rulemakin~r: None 

7) Will this proposed rule replace an emergency rule currently in effect? No 

8) Does this rulemaking contain an automatic repeal date? No 

9) Does this proposed amendment contain incorporations by reference? No 

I 0) Are there any other proposed amendments pending on this Part? No 

11) Statement of Statewide Policy Objectives: These rules amends the procedures for 

submitting annual emission reports. 

12) Time. Place and Manner in which interested persons may comment on this proposed 

rulemaking: Persons who wish to submit comments on the proposed rules may submit 

them in writing by no later than 45 days after publicatior of this Notice to: 

Charles E. Matoesian 

Assistant Counsel 

Illinois Environmental Protection Agency 

Division of Legal Counsel 

1021 North Grand Avenue East 

P.O. Box 19726 
ILLINOIS REGISTER 

ENVIRONMENTAL PROTECTION AGENCY 

NOTICE OF PROPOSED AMENDMENTS 

Springfield, Illinois 62794-9276 

217/782-5544 

charles.matoesian@illinois.gov 

13) Initial Regulatory Flexibility Analvsis: 

A) Types of small businesses. small municipalities and not for profit comorations 

affected: This rulemaking is expected to impact small businesses and not for 

profit corporations to the extent they must file annual emission reports for 

pollutants. However, the Illinois EPA anticipates that these amendments will 

generally benefit such entities as the amendments clarify the reporting burden. 

B) Reporting, bookkeeping or other procedures reguired for compliance: None 

C) Types of professional skills necessary for compliance: None 

14) Regulatory Agenda on which this rulemaking was summarized: January 2011 

The full text of the Proposed Amendments begins on the next page: 
Section 

254.101 

254.102 

254.103 

254.104 

254.105 

254.106 

254.107 

254.108 

254.109 

254.110 

254.111 

254.112 

254.120 

254.130 

254.131 

254.132 

254.133 

254.134 

254.135 

254.136 

254.137 

254.138 

Section 

254.201 

254.202 

254.203 

ILLINOIS REGISTER 

ENVIRONMENTAL PROTECTION AGENCY 

NOTICE OF PROPOSED AMENDMENT 

TITLE 35: ENVIRONMENTAL PROTECTION 

SUBTITLE B: AIR POLLUTION 

CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY 

PART 254 

ANNUAL EMISSIONS REPORT 

SUBPART A: GENERAL PROVISIONS 

Purpose 

Applicability 

Definitions 

Actual Emissions (Repealed) 

Annual Process Rate (Repealed) 

Certifying Individual (Repealed) 

Emission Determination Method (Repealed) 

Emissions Summary (Repealed) 

Inventory Edit Summary (Repealed) 

Peak Ozone Season (Repealed) 

Source Inventory Report (Repealed) 

Typical Ozone Season Day (Repealed) 

Applicable Pollutants for Annual Emissions Reporting 

Minimum Contents of Annual Emissions Report (Repealed) 

Methods of Filing Annual Emissions Report (Repealed) 

Failure to File a Complete Report 

Voluntary Submittal of Data 

Retention of Records 

Reporting of Errors 

Confidentiality and Trade Secret Protection 

Reporting Schedule 

Issuance of Source Inventory Report 

SUBPART B: REPORTING REQUIREMENTS FOR LARGE SOURCES 

Annual Emissions Report (Repealed) 

Reporting Schedule (Repealed) 

Contents of Subpart B Annual Emissions Report 
254.204 

Section 

254.301 

254.302 

254.303 

254.304 

254.305 

254.306 

Section 

254.401 

254.402 

254.403 

254.404 

Section 

254.501 

ILLINOIS REGISTER 

ENVIRONMENTAL PROTECTION AGENCY 

NOTICE OF PROPOSED AMENDMENT 

Complete Reports 

SUBPART C: REPORTING REQUIREMENTS FOR OTHER SOURCES 

Annual Emissions Report (Repealed) 

Reporting Schedule (Repealed) 

Contents of Subpart C Annual Emissions Report 

Transition to Full Reporting by Large Sources (Repealed) 

Continuing Requirements for Other Sources (Repealed) 

Complete Reports 

SUBPART D: REPORTING REQUIREMENTS FOR SMALL SOURCES 

Annual Emissions Report (Repealed) 

Reporting Schedule (Repealed) 

Contents of Subpart D Annual Emissions Report (Repealed) 

Complete Reports (Repealed) 

SUBPART E: SEASONAL EMISSIONS REPORT UNDER ERMS 

Contents of a Seasonal Emissions Report 

AUTHORITY: Authorized by Section 4(b) of the Environmental Protection Act [415 ILCS 

5/4(b)]. 

SOURCE: Adopted at 17 IlL Reg. 7782, effective May 14, 1993; amended at 25 IlL Reg. 9856, 

effective July 17, 2001; amended at 35 Ill. Reg. __ , effective ___ _ 

SUBPART A: GENERAL PROVISIONS 

Section 254.102 Applicability 

a) Subpart B of this Part applies to: 

1) Owners or operators of any source required to have an operating 
ILLINOIS REGISTER 

ENVIRONMENTAL PROTECTION AGENCY 

NOTICE OF PROPOSED AMENDMENT 

permit in accordance with 35 Ill. Adm. Code 201 that is permitted 

to emit 25 tons per year or more of any combination of regulated 

air pollutants. excluding greenhouse gases; 

2) Owners or operators of any source required to have an operating 

permit in accordance with Section 39.5 of the Environmental 

Protection Act [415 ILCS 5/39.5]; and 

3) Owners or operators of sources in ozone nonattainment areas that 

have a potential to emit 25 tons per year or more of either YOM or 

NO[x] from all emission units. 

b) Subpart C of this Part applies to the owner or operator of any source of regulated 

air pollutants required to have an operating permit in accordance with 35 Ill. Adm. 

Code 201 that is not subject to subsection (a) of this Section. 

c) The provisions of Subpart E of this Part apply to the owner or operator of any 

source that is subject to the seasonal reporting requirements for ERMS required 

by 35 Ill. Adm. Code 205.300, as specified under Section 254.501 of Subpart E. 

(Source: Amended at 35 Ill. Reg.____:, effective ______ __, 
ATTACHMENT 2
r 

OFFICE OF THE SECRETARY OF STATE 

JESSE WHITE • Secretary of State 

October 7, 2011 

IL ENVIRONMENTAL PROTECTION AGENCY 

KYLE ROMINGER DEPUTY CHIEF LEGAL COUNSEL 

1021 NGRANDAVEE 

PO BOX 19276 MAIL CODE 21 

SPRINGFIELD, IL 62794 

Dear KYLE ROMINGER DEPUTY CHIEF LEGAL COUNSEL 

Your rules Listed below met our codification standards and have been published in Volume 35, 

Issue 42 of the Illinois Register, dated 10/14/2011. 

PROPOSED RULES 

Procedures For Collection of Air Pollution Site Fees 

35 111. Adm. Code 251 

Point of Contact: Charles Matoesian 

Annual Emissions Report 

35 Ill. Adm. Code 254 

Point of Contact: Charles Matoesian 

16172 

16178 

If you have any questions, you may contact the Administrative Code Division at 

(217)782 -7017. 

Index Department- Administrative Code Division- Ill East Monroe Springfield, IL 62756 
ILLINOIS REGISTER 

ENVIRONMENTAL PROTECTION AGENCY 

NOTICE OF PROPOSED AMENDMENTS 

I) Heading of the Part: Annual Emissions Report 

2) Code Citation: 35 Ill. Adm. Code 254 

3) Section Numbers: 

254.102 

Proposed Action: 

Amended 

4) Statutory Authoritv: Implementing and authorized by Section 4(b) of the Illinois 

Environmental Protection Act. (415 ILCS 5/4/(b)] 

5) A Complete Description of the Subjects and Issues Involved: This rulemaking will 

amend the regulations to declare that the type of Annual Emission Report an entity files 

will not be based upon the entity's greenhouse gas emissions. Instead, the criteria 

pollutant emissions will continue to control whether the entity files the long or short 

form. 

6) Published studies or reports. and sources of underlying data. used to compose this 

rulemaking: None 

7) Will this proposed rule replace an emergency rule currently in effect? No 

8) Does this rulemaking contain an automatic repeal date? No 

9) Does this proposed amendment contain incomorations by reference? No 

1 0) Are there any other proposed amendments pending on this Part? No 

11) Statement of Statewide Policy Objectives: These rules amends the procedures for 

submitting annual emission reports. 

I 2) Time. Place and Manner in which interested persons may comment on this proposed 

rulemaking: Persons who wish to submit comments on the proposed rules may submit 

them in writing by no later than 45 days after publication of this Notice to: 

Charles E. Matoesian 

Assistant Counsel 

Illinois Environmental Protection Agency 

Division of Legal Counsel 

1021 North Grand Avenue East 

P.O. Box 19726 

RECEIVED 

OCT 3 2011 

SOS-CODE Dl\1. 
ILLINOIS REGISTER 

ENVIRONMENTAL PROTECTION AGENCY 

NOTICE OF PROPOSED AMENDMENTS 

Springfield, Illinois 62794-9276 

2171782-5544 

charles.matoesian@illinois.gov 

13) Initial Regulatory Flexibility Analysis: 

A) Types of small businesses, small municipalities and not for profit corporations 

affected: This rulemaking is expected to impact small businesses and not for 

profit corporations to the extent they must file annual emission reports for 

pollutants. However, the Illinois EPA anticipates that these amendments will 

generally benefit such entities as the amendments clarify the reporting burden. 

B) Reporting, bookkeeping or other procedures required for compliance: None 

C) Types of professional skills necessary for compliance: None 

14) Regulatory Agenda on which this rulemaking was summarized: January 2011 

The full text of the Proposed Amendments begins on the next page: 
Section 

254.101 

254.102 

254.103 

254.104 

254.105 

254.106 

254.107 

254.108 

254.109 

254.110 

254.111 

254.112 

254.120 

254.130 

254.131 

254.132 

254.133 

254.134 

254.135 

254.136 

254.137 

254.138 

Section 

254.201 

254.202 

254.203 

ILLINOIS REGISTER 

ENVIRONMENTAL PROTECTION AGENCY 

NOTICE OF PROPOSED AMENDMENT 

TITLE 35: ENVIRONMENTAL PROTECTION 

SUBTITLE B: AIR POLLUTION 

CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY 

PART 254 

ANNUAL EMISSIONS REPORT 

SUBPART A: GENERAL PROVISIONS 

Purpose 

Applicability 

Definitions 

Actual Emissions (Repealed) 

Annual Process Rate (Repealed) 

Certifying Individual (Repealed) 

Emission Determination Method (Repealed) 

Emissions Summary (Repealed) 

Inventory Edit Summary (Repealed) 

Peak Ozone Season (Repealed) 

Source Inventory Report (Repealed) 

Typical Ozone Season Day (Repealed) 

Applicable Pollutants for Annual Emissions Reporting 

Minimum Contents of Annual Emissions Report (Repealed) 

Methods of Filing Annual Emissions Report (Repealed) 

Failure to File a Complete Report 

Voluntary Submittal of Data 

Retention of Records 

Reporting of Errors . 

Confidentiality and Trade Secret Protection 

Reporting Schedule 

Issuance of Source Inventory Report 

SUBPART B: REPORTING REQUIREMENTS FOR LARGE SOURCES 

Annual Emissions Report (Repealed) 

Reporting Schedule (Repealed) 

Contents of Subpart B Annual Emissions Report 
254.204 

Section 

254.301 

254.302 

254.303 

254.304 

254.305 

254.306 

Section 

254.401 

254.402 

254.403 

254.404 

Section 

254.501 

ILLINOIS REGISTER 

ENVIRONMENTAL PROTECTION AGENCY 

NOTICE OF PROPOSED AMENDMENT 

Complete Reports 

SUBPART C: REPORTING REQUIREMENTS FOR OTHER SOURCES 

Annual Emissions Report (Repealed) 

Reporting Schedule (Repealed) 

Contents of Subpart C Annual Emissions Report 

Transition to Full Reporting by Large Sources (Repealed) 

Continuing Requirements for Other Sources (Repealed) 

Complete Reports 

SUBPART D: REPORTING REQUIREMENTS FOR SMALL SOURCES 

Annual Emissions Report (Repealed) 

Reporting Schedule (Repealed) 

Contents of Subpart D Annual Emissions Report (Repealed) 

Complete Reports (Repealed) 

SUBPART E: SEASONAL EMISSIONS REPORT UNDER ERMS 

Contents of a Seasonal Emissions Report 

AUTHORITY: Authorized by Section 4(b) of the Environmental Protection Act [ 415 ILCS 

5/4(b)]. 

SOURCE: Adopted at 17 Ill. Reg. 7782, effective May 14, 1993; amended at 25 Ill. Reg. 9856, 

effective July 17, 2001; amended at 35 Ill. Reg. __ , effective ___ _ 

SUBPART A: GENERAL PROVISIONS 

Section 254.102 Applicability 

a) Subpart B of this Part applies to: 

1) Owners or operators of any source required to have an operating 
ILLINOIS REGISTER 

ENVIRONMENTAL PROTECTION AGENCY 

NOTICE OF PROPOSED AMENDMENT 

permit in accordance with 35 Ill. Adm. Code 201 that is permitted 

to emit 25 tons per year or more of any combination of regulated 

air pollutants. excluding greenhouse gases; 

2) Owners or operators of any source required to have an operating 

permit in accordance with Section 39.5 of the Environmental 

Protection Act [415 ILCS 5/39.5]; and 

3) Owners or operators of sources in ozone nonattainment areas that 

have a potential to emit 25 tons per year or more of either YOM or 

NO[ x] from all emission units. 

b) Subpart C of this Part applies to the owner or operator of any source of regulated 

air pollutants required to have an operating permit in accordance with 35 Ill. Adm. 

Code 201 that is not subject to subsection (a) of this Section. 

c) The provisions of Subpart E of this Part apply to the owner or operator of any 

source that is subject to the seasonal reporting requirements for ERMS required 

by 35 Ill. Adm. Code 205.300, as specified under Section 254.501 of Subpart E. 

(Source: Amended at 35 Ill. Reg. __ , effective ______ _; 
ATTACHMENT 3
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY 

1021 North Grand Avenue East, P.O. Box 19276, Springfield, Illinois 62794-9276 • (2i7) 782-2829 

James R. Thompson Center, 100 West Randolph, Suite 11-300, Chicago, IL 60601 • (312) 814-6026 

November 21, 2011 

Vicki Thomas· 

Executive Director 

PAT QUINN, GOVERNOR 

Joint Committee on Administrative Rules 

700 Stratton Building 

Springfield, Illinois 62706 

RE: Economic and Budgetary Analysis of Procedures for: Collection of Air Pollution Site 

Fees (35 Ill. Adm. Code 251) 35 ILL. Reg. 16172- 10/14/11 and Annual Emission 

Reports (35 Ill. Adm. Code 254) 35 ILL. Reg. 16178-10/14/11 

Dear Ms. Thomas: 

Enclosed please find the analysis of economic and budgetary effects of the above referenced 

rulemaking that you requested. Please note that your Memorandum of October 28,2011 only 

=requested an analysis of Part 251 but I included an analysis of Part 254 as well, as it is also 

amended by the rulemaking and thought it might be of interest to you. 

Thallk you for your assistance. If 'you have any questions regarding the enclosed economic · 

• apalyses, pleas.~ CQP!~~Ele at 21]/782-5544. .., · ~'- ~,~~~···:.: .. ·_ .. -· . :'_··~- ' '"':~ · .. - . '.... . . ---~·:_:· .. -~~~-· .,.. ~ .. ~ 

....... ~...... .....- . 

Charles E. Matoesian 

Assistant Counsel 

Division of Legal Counsel.- Bureau of Air 

Rockford • 4302 N. Main St., Rockford, IL 61103 • (815) 987-7760 

Elgin • 595 S. State, Elgin, IL 60123 • (847) 608-3131 

Bureau of Land- Peoria • 7620 N. University St., Peoria,IL (d&l4 • (309) 693-5462 

Collinsville • .2009 Mall Street, Collinsville, !L 62234 • (618) 346-5120 

.. 

Des Plaines • 9511 W. Harrison St., Des Plaines, ll600l6 • (847) 294-4000 

Peoria • 5415 N. University St., Peoria, Jl 61614 • (309) 693-5463 

Champaign • 2125 S. First St., Champaign, ll 61820 • (217) 27fi..SBOO 

Marion • 2309 W. Main St., Suite 116, Marion, ll62959 c {618) 993-7200 

Pnnlcd on Rccydcd Papc1 
... _ .. , 

.. 

AGENCY ANALYSIS OF ECONOMIC AND BUDGETARY EFFECTS OF 

PROPOSED RULEMAKING 

Agency: Illinois Environmental Protection Agency 

Part/Title: Annual Emission Reports (3 5 Ill. Adm. Code 254) 

Illinois Register Citation: 35 Illinois Register 16178 (October 14, 2011) 

Please attempt to provide as dollar-specific responses as possible and feel free to add any 

relevant naJTative explanation. 

1. Anticipated effect on State expenditures and revenues. 

.. . . .. -~. .. ~"-o:t ~-~· -~ :: '·: ·· . 

.• j;;,~. 

(a) CuJTent cost to the agency for this program/activity. There are cuJTent1y 

administrative costs to the Agency involving the generation and mailing of 

reporting forms to the source's required to complete them and mail back 

m. 

· (b) · · If this mlei;llaking will result in an increase or decrease in cost, specify the 

fiscal year in which this change will first occur and the dollar amount of 

(c) 

the effect. FY $_-'"-0_· ___ _ 

" ' ·-:. :: ... .. . 

Indicate the funding source, i~plucang.Fund-·at!d appropriation lines, for 

this program/activity. Permit FU!ids. 

(d) If an increase or decrease in the costs of another State agency is 

anticipate.d, specifY the fiscal year in which this change will first occur and 

the estimated dollar amount of the effect. FY $_1-:N"-'/A"'----

.:· ·Agency: N/A 

. Will this mlemaking have any effect on State revenues or expenditures not 

· already iiictNI~tcJ@:r&W!i? Specify effects and amounts. -~N'-'-"o"-. ___ _ 

·;.. .. 

Economic.effect"on persons.affected by the mlemaking. 

(a) Indicate the economic effect and specify the persons affected: 

_Positive _Negative .x_No effect 

Persons affected: Permitted air pollution sources 

Dollar amotmt per person: "'$0"-------

Total Statewide cost: ,_$0,_ ______ _ 

b) If an economic effect is predicted, please briefly describe how the effect 

will occur. (Example: Additional continuing education courses will 

"§e.· 
require an expenditure of approximately $100 per year for course fees by 

10,000 licensed professionals.)N ;c'-"!o:!!ne"-'·---

(c) Will the rulemaking have an indirect effect that may result in increased 

administrative costs? Will there be any change in requirements such as 

filing, documentation, reporting or completion of forms? Compare to 

current requirements. Sources will need to complete additional fields on 

existing Annual Emission Report forms pursuant to recent legislation 

making greenhouse gases regulated air pollutants and thereby requiring 

that they be included in a source's Annual Emissions Report. As is 

currently required, sources will need to submit their completed forms to 

the Agency. This rulemaking merely keeps in place the current criteria for 

the type of form (i.e .. long or short) that a source needs to submit. No 

indirect additional administrative costs are anticipated. in fact. the rule 

avoids additional costs being required of sources who would otherwise 

have to complete a long form absent the revised rule. 

···: 
ATTACHMENT 4
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY 

I 021 North Grand Avenue East, P.O. Box 19276, Springfield, Illinois 62794-9276 • (217i 782-2829' 

james R. Thompson Center, 100 West Randolph, Suite 11-300, Chicago, ll60601 • (312i 814-6026 

PAT QUINN, GOVERNOR 

2171782-5544 

January 31, 2012 

Vicki Thomas, Executive Director 

Joint Committee on Administrative Rules 

700 Stratton Building 

Springfield, Illinois 62706 

DOUGLAS P. SCOTT, DIRECTOR 

RE: Second Notice- Proposed Amendments to 35 Ill. Adm. Code Part 254 (Annual 

Emissions Report) 

Dear Ms. Thomas: 

Pursuant to 1 Ill. Adm. Code 220.600 and Section 5-40( c) of the Illinois Administnitive 

Procedure Act, the Illinois Environmental Protection Agency hereby submits Second Notice for 

the proposed ru1emaking involving 35 Ill. Admin. Code 254: Annual Emissions Report. 

Enclosed is the Second Notice form, a Second Notice version of the proposed amendments to 35 

Ill. Adm. Code 254, and a CD-ROM containing a word version of the Second Notice form and 

proposed amendments. An Analysis of Economic and Budgetary Effects was previously 

submitted. The proposed ru1emaking was published at 35 Ill. Reg. 16178 on October 14, 201 L 

If you have any questions or need any additional information, please contact me at 782-5544. 

Sincerely, 

Charles Matoesian, Assistant Counsel 

Division of Legal Counsel 

Enc. 

Rockford • 43G2 N. Main St. Rockford, ll &11 03 • (815) 987-7760 

Elgin • 595 S. State, Elgin,ll 60123 • (847) 608-3131 

Bureau ofL1nd- Peoria • 7620 N. Univer!Jty 51., Pr~oria, IL 61614 • (309) 693-5462 

Collinsville • .2009 Mall Street, Collinsville, II 62234 • (6111) 34(,.5120 

Des Plaines • 9511 W. Harrison St., Des Plaint.'!i, II. 600H:> • (847) 294-4000 

Peoria • 5415 N. Universitr St., Peoria, IL 61614 • (309) 693-5463 

Champaign • 2125 S. First St., Champaign, IL 61820 • (217) 278-5800 

Marion • 2,309 W. M;~in St., Suite 116, Marion, IL 62959 • (618) 993-7200 
ENVIRONMENTAL PROTECTION AGENCY 

SECOND NOTICE OF PROPOSED AMENDMENTS 

1) Name of a!Zency: Illinois Environmental Protection Agency 

2) Title and citation of the proposed Rules: Annual Emissions Report (3 5 Jll. Admin. Code 

254). 

3) Date. issue and pa!Ze number of the Illinois Register in which the First Notice was 

published: October 14,2011,Issue35,Page 16178 

4) Text and .location of changes made during the First Notice period: None. 

5) Response to any recommendations made by the Administrative Code Division: The 

Illinois EPA did not receive any substantive recommendations from the Administrative 

Code Division. The Illinois EPA and JCAR agreed to a non-substantive technical 

change. 

6) Whether the rulemaking includes an incorporation by reference. the location in the 

rulemaking of the incorporation. and a copy of the cover.page of the material and the 

specific materia] incorporated: The rulemaking does not include incorporations by 

reference. 

7) Final Regu.latorv Flexibility Analysis: 

a) Summary of the issues raised by smaH businesses during the First Notice period: 

None. 

b) A description of actions taken on any alternatives suggested by smaH business 

during the First Notice period: No alternatives were suggested. 

8) Methods used to comply with the smaH business. not for profit corporation and smaH 

municipality requirements of 5 ILCS 100/5-30 and 1 lAC 220.285: This rulemaking is 

expected to impact smaH businesses, smaH municipalities, and not for profit corporations 

to the extent that they have to file Annual Emission Reports. This amendment declares 

that the type of Annual Emission Report that a source files will not be based upon 

greenhouse gas emissions. Instead, criteria pollutant emissions will continue to control 

whether the entity files the long or short form. The Illinois EPA believes these entities 

will be positively affected as the amendment clarifies the reporting burden. A statement 

to that effect was included in the Notice of Proposed Amendments that initiated the First 

Notice period. 

9) Evaluation of comments received during First Notice: 

a) A list of all persons and organizations making comments on the proposed 

rulemaking: The Illinois EPA did not receive any comments during First Notice. 
ENVIRONMENTAL PROTECTION AGENCY 

SECOND NOTICE OF PROPOSED AMENDMENTS 

b) A list of specific criticisms. suggestions and comments raised by interested 

persons. and the Agency's analysis of each of these criticisms. suggestions and 

comments: None . 

. c) Any changes made to the rules by the Agency as a result of criticisms, 

suggestions and comments made by interested persons: None. 

d) The names of all persons or organizations requesting a public hearing and the date 

of any public hearings held on the proposed rulemaking: The Illinois EPA did not 

receive any requests for a public he-aring, and did not hold public hearings 

regarding the proposed rulemaking. 

I 0) Justification and rationale for the rule making: 

a) Citations to changes in Illinois law that require the rulemaking: This rulemaking 

reflects amendments to Sections 35 ofthe Environmental ProtectionAct(415 

ILCS 5/3 5, PA 97-95, effective July 1, 2011 ). 

b) An explanation of changes in agency policies and procedures that require the 

rulemaking: Amendments to the Act change the emissions required to be reported · 

on the Annual Emission Report. This an1endrnent declares that the type of 

Annual Emission Report that a source files will not be based upon greenhouse gas 

emissions. Instead, criteria pollutant emissions will continue to control whether 

the entity files the long or short form. 

c) Citations to federal laws. rules or regulations, or to funding requirements. that 

require the rulemaking: None. 

d) Citations and copies of court orders or decisions that require the rulemaking: 

None. 

e) A complete explanation of any other reasons for the proposed rulemaking: None. 

II) Name, address. phone and fax numbers of Agency's representative who will respond to 

Joint Committee questions: 

Charles Matoesian 

Division of Legal Counsel 

Illinois Enviromnental Protection Agency 

I 021 North Grand Avenue East 

P.O. Box 19276 

Springfield, IL 62794-9276 
ENVIRONMENTAL PROTECTION AGENCY 

SECOND NOTICE OF PROPOSED AMENDMENTS 

Tel: 2171782-5544 

Fax: 217/782-9807 

12) If requested bv the Joint Committee. a State Mandate Act Questionnaire: Not requested. 

13) If requested bv the Joint Committee. an analysis of the economic and budgetary effects of 

the proposed rulemaking: Previously Submitted. 

14) Any new or revised forms referenced in the proposed rulemaking if the forms are not 

included within the rulemaking: None. 
I 

2 

3 

4 

5 

6 

7 

8 

9 

10 Section 

II 254.101 

12 254.102 

13 254.103 

14 254.104 

15 254.105 

16 254.106 

17 254.107 

18 254.108 

19 . 254.109 

20 254.110 

21 254.111 

22 254.112 

23 254.120 

24 254.130 

25 254.131 

26 254.132 

27 254.133 

28 254.134 

29 254.135 

30 254.136 

31 254.137 

32 254.138 

33 

34 

35 Section 

36 254.201 

37 254.202 

38 254.203 

39 254.204 

40 

41 

42 Section 

43 254.301 

JCAR350254-1116178r01 

TITLE 35: ENVIRONMENTAL PROTECTION 

SUBTITLE B: AIR POLLUTION 

CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY 

PART 254 

ANNUAL EMISSIONS REPORT 

SUBPART A: GENERAL PROVISIONS 

Purpose 

Applicability 

Definitions 

Actual Emissions (Repealed) 

Annual Process Rate (Repealed) 

Certifying Individual (Repealed) 

Emission Determination Method (Repealed) 

Emissions Summary (Repealed) 

Inventory Edit Summary (Repealed) 

Peak Ozone Season (Repealed) 

Source Inventory Report (Repealed) 

Typical Ozone Season Day (Repealed) 

Applicable Pollutants for Annual Emissions Reporting 

Minimum Contents of Annual Emissions Report (Repealed) 

Methods of Filing Annual Emissions Report (Repealed) 

Failure to File a Complete Report 

Voluntary Submittal of Data 

Retention of Records 

Reporting of Errors 

Confidentiality and Trade Secret Protection 

Reporting Schedule 

Issuance of Source Inventory Report 

SUBPART B: REPORTING REQUIREMENTS FOR LARGE SOURCES 

Annual Emissions Report (Repealed) 

Reporting Schedule (Repealed) 

Contents of Subpart B Annual Emissions Report 

Complete Reports 

SUBPART C: REPORTING REQUIREMENTS FOR OTHER SOURCES 

Annual Emissions Report (Repealed) 
44 

45 

46 

47 

48 

49 

50 

51 

52 

53 

54 

55 

56 

57 

58 

59 

60 

61 

62 

63 

64 

65 

66 

67 

68 

69 

70 

71 

72 

73 

74 

75 

76 

77 

78 

79 

80 

81 

82 

83 

84 

85 

86 

254.302 

254.303 

254.304 

254.305 

254.306 

Section 

254.401 

254.402 

254.403 

254.404 

Section 

254.501 

JCAR350254-Iii6178r01 

Reporting Schedule (Repealed) 

Contents of Subpart C Annual Emissions Report 

Transition to Full Reporting by Large Sources (Repealed) 

Continuing Requirements for Other Sources (Repealed) 

Complete Reports 

SUBPART D: REPORTING REQUIREMENTS FOR SMALL SOURCES 

Annual Emissions Report (Repealed) 

Reporting Schedule (Repealed) 

Contents of Subpart D Annual Emissions Report (Repealed) 

Complete Reports (Repealed) 

SUBPART E: SEASONAL EMISSIONS .REPORT UNDER ERMS 

Contents of a Seasonal Emissions Report 

AUTHORITY: Authorized by Section 4(b) of the Environmental Protection Act [415 ILCS 

5/4(b)]. 

SOURCE: Adopted at 17 Ill. Reg. 7782, effective May 14, 1993; amended at 25 ill. Reg. 9856, 

effective July 17,2001: amended at 35 Ill. Reg. ___ , effective ____ _ 

SUBPART A: GENERAL PROVISIONS 

Section 254.102 Applicability 

a) Subpart B of this Part applies to: 

I) 

2) 

3) 

Ov..rners or operators of any source required to have an operating permit in 

accordance with 35 Ill. Adm. Code 201 that is permitted to emit 25 tons 

per year or more of any combination of regulated air pollutants. excluding_ __ .. ----{ Formatted: No underline 

greenhouse ga<>es; ' 

Owners or operators of any source required to have an operating permit in 

accordance with Section 39.5 of the Environmental Protection Act [415 

ILCS 5/39.5]; and 

Owners or operators of sources in ozone nonattainment areas that have a 

potential to emit 25 tons per year or more of either VOM or NOx from all 

emission units. 
87 

88 

89 

90 

91 

92 

93 

94 

b) 

c) 

JCAR350254-1116178r01 

Subpart C of this Part applies to the owner or operator of any source of regulated 

air pollutants reqUired to have an operating permit in accordance with 35 Ill. 

Adm. Code 201 that is not subject to subsection (a) ofthis Section. 

The provisions of Subpart E of this Part apply to the owner or operator of any 

source that is subject to the seasonal reporting requirements for ERMS required 

by 35 Ill. Adm. Code 205.300, as specified under Section 254.501 of Subpart E. 

95 (Source: Amended at35 Ill. Reg. ___ , effective_· -----' 
ATTACHMENT 5
'· 

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY 

1021 North Grand Avenue East, P.O. Box 19276, Springfield, Illinois 62l94-927[, • (2 1 7) 782-28·2~ 

James R. Thompson Center, 100 West Randolph, Suite 11-300, Chicago, IL 60601 • (3 1 2) 814-6026 

PAT QUINN, GOVERNOR 

217-782-5544 

April 13, 2012 

Christine Works 

Office of the Secretary of State 

Index Department 

Administrative Code Division 

111 East Monroe Street 

Springfield, Illinois 62756 

:JtRECTOR 

RE: Filing and Publication of Adopted Amendments; 35 Ill. Adm. Code Part 254 (Annual 

Emissions Report) 

Dear Ms. Works: 

Enclosed please find one original and two copies of the following documents: 

I. Notice of Adopted Amendments, for publication in the Illinois Register; 

2. Adopted amendments to 35 Ill. Adm. Code 254, for publication in the Illinois Register; 

3. Code version of adopted amendments to 35 Ill. Adm. Code 254; 

4. Agency Certificate of Amended Part; and 

5. JCAR's Certification of No Objection. 

Also enclosed please find a computer disk containing the Notice of Adopted Amendments, 

Illinois Register version of the adopted amendments, and Code version of the adopted 

amendments in Microsoft Word fom1at. 

If you have any questions, please contact me at 217-782-5544. 

Sincerely, 

Charles E Matoesian 

Assistant Counsel 

Division of Legal Counsel 

En c. 

Rod.Jord • 4302 N. Mnin St .. Rockford, ll 61103 • (81 5) '..187-776() 

Elgin • 595 5. State, r.lf\in, ll60123 • [847) 608..-3131 

Bureau of Land- Peoria • 7f>20 N. UruVPrsity St., Penri<J, ll f,J fo'l4 • (309) 693·54f>2 

Collinsville •·20'J9 Mall Strt!t!t, CollrnsviJ!e, IL 62234 • (f.JR) )46·5120 

Des Plaines • 9511 W.l-i<Jrrisnn St., Des Plaines, ll6001(, • (IJ47) 294·4000 

Peoria • 5415 N. University St .. Peoria, ll61614 • (309) 693-54&3 

Champaign • 2125 5. Firs! St. Ch;1mi1<1ign, IL 6182[) •1217) 278-5800 

Marion • 2309 W. Main St. Suite 116, Marion, IL 62959 • {618) 993-7200 
ILLINOIS REGISTER 

ENVIRONMENTAL PROTECTION AGENCY 

NOTICE OF ADOPTED AMENDMENTS 

I) Heading of the Part: Annual Emissions Report 

2) Code Ciiation: 35 lll. Adm. Code 254 

3) Section Numbers: Adopted Action: 

254.102 Amended 

4) Statutory Authority: Implementing and authorized by Section 4(b) of the lllinois 

Environmental Protection Act. [415 ILCS 5/4/(b)]. 

5) Effective Date of Amendments: 

6) Does this rulemaking contain an automatic repeal date? No 

7) Does this rule contain incorporations by reference? No 

8) A copy of the adopted amendments is on file in the Illinois Environmental Protection 

Agency's principal office and is available for public inspection. 

9) Notice ofProposal Published in the Illinois Register: October 14, 2011; 35111. Reg. 

16178. 

I 0) Has JCAR issued a Statement of Objections to these Amendments? No. 

II) Differences between proposal and final version: 

12) Have all the changes agreed upon by the agency and JCAR been made as indicated in the 

agreements issued by JCAR? Yes 

13) Will this rule replace any emergency rule currently in effect? No 

14) Are there any amendments pending on this Part? No 

1 5) Summarv and Pumose of Amendments: This rulemaking amends the regulations to 

declare that the type of Annual Emission Report an entity files will not be based upon the 

entity's greenhouse gas emissions. Instead, the criteria pollutant emissions will continue 

to control whether the entity files the long or short form. 

16) Information and questions regarding these adopted amendments shall be directed 
ILLINOIS REGISTER 

ENVIRONMENTAL PROTECTION AGENCY 

NOTICE OF ADOPTED AMENDMENTS 

Charles Matoesian, Assistant Legal Counsel 

Illinois Environmental Protection Agency 

1021 North Grand Avenue East 

P.O. Box 19726 

Springfield, Illinois 62794-9276 

217-782-5544 

The full text of the Adopted Amendments begins on the next page: 
Section 

254.101 

254.102 

254.103 

254.104 

254.105 

254.106 

254.107 

254.108 

254.109 

254.110 

254.111 

254.112 

254.120 

254.130 

254.131 

254.132 

254.133 

254.134 

254.135 

254.136 

254.137 

254.138 

Section 

254.201 

254.202 

254.203 

254.204 

ILLINOIS REGISTER 

ENVIRONMENTAL PROTECTION AGENCY 

NOTICE OF ADOPTED AMENDMENT 

TITLE 35: ENVIRONMENTAL PROTECTION 

SUBTITLE B: AIR POLLUTION 

CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY 

PART254 

ANNUAL EMISSIONS REPORT 

SUBPART A: GENERAL PROVISIONS 

Purpose 

Applicability 

Definitions 

Actual Emissions (Repealed) 

Annual Process Rate (Repealed) 

Certifying Individual (Repealed) 

Emission Determination Method (Repealed) 

Emissions Summary (Repealed) 

Inventory Edit Summary (Repealed) 

Peak Ozone Season (Repealed) 

Source Inventory Report (Repealed) 

Typical Ozone Season Day (Repealed) 

Applicable Pollutants for Annual Emissions Reporting 

Minimum Contents of Annual Emissions Report (Repealed) 

Methods of Filing Annual Emissions Report (Repealed) 

Failure to File a Complete Report 

Voluntary Submittal ofData 

Retention of Records 

Reporting of Errors 

Confidentiality and Trade Secret Protection 

Reporting Schedule 

Issuance of Source Inventory Report 

SUBPART B:. REPORTING REQUIREMENTS FOR LARGE SOURCES 

Annual Emissions Report (Repealed) 

Reporting Schedule (Repealed) 

Contents of Subpart B Annual Emissions Report 

Complete Reports 
Section 

254.301 

254.302 

254.303 

254.304 

254.305 

254.306 

Section 

254.401 

254.402 

254.403 

254.404 

Section 

254.501 

ILLINOIS REGISTER 

ENVIRONMENTAL PROTECTION AGENCY 

NOTICE OF ADOPTED AMENDMENT 

SUBPART C: REPORTING REQUIREMENTS FOR OTHER SOURCES 

Annual Emissions Report (Repealed) 

Reporting Schedule (Repealed) 

Contents of Subpart C Annual Emissions Report 

Transition to Full Reporting by Large Sources (Repealed) 

Continuing Requirements for Other Sources (Repealed) 

Complete Reports 

SUBPART D: REPORTING REQUIREMENTS FOR SMALL SOURCES 

Annual Emissions Report (Repealed) 

Reporting Schedule (Repealed) 

Contents of Subpart D Annual Emissions Report (Repealed) 

Complete Reports (Repealed) 

SUBPART E: SEASONAL EMISSIONS REPORT UNDER ERMS 

Contents of a Seasonal Emissions Report 

AUTHORITY: Authorized by Section 4(b) of the Environmental Protection Act (415 ILCS 

5/4(b)]. 

SOURCE: Adopted at 17 Ill. Reg. 7782, effective May 14, 1993; amended at 25 Ill. Reg. 9856, 

effective July 17, 2001; amended at 36 Ill. Reg. , effective ____ _ 

SUBPART A: GENERAL PROVISIONS 

Section 254.102 Applicability 

a) Subpart B of this Part applies to: 

1) Owners or operators of any source required to have an operating permit in 

accordance with 35 Ill. Adm. Code 201 that is permitted to emit 25 tons 

per year or more of any combination of regulated air pollutants. excluding 

greenhouse gases; 

2) Owners or operators of any source required to have an operating permit in 

accordance with Section 39.5 of the Environmental Protection Act [415 
ILLINOIS REGISTER 

ENVIRONMENTAL PROTECTION AGENCY 

NOTICE OF ADOPTED AMENDMENT 

ILCS 5/39.5]; and 

3) Owners or operators of sources in ozone nonattainrnent areas that have a 

potential to emit 25 tons per year or more of either VOM or NOx from all 

emission units. 

b) Subpart C of this Part applies to the owner or operator of any source of regulated 

air pollutants required to have an operating permit in accordance with 35 Ill. 

Adm. Code 201 that is not subject to subsection (a) of this Section. 

c) The provisions of Subpart E of this Part apply to the owner or operator of any 

source that is subject to the seasonal reporting requirements for ERMS required 

by 35 Ill. Adm. Code 205.300, as specified under Section 254.501 of Subpart E. 

(Source: Amended at 36 Ill. Reg. ___ , effective---------' 
EPA 

Section 

254.101 

254.102 

254.103 

254.104 

254.105 

254.106 

254.107 

254.108 

254.109 

254.110 

254.111 

254.112 

254.120 

254.130 

254.131 

254.132 

254.133 

254.134 

254.135 

254.136 

254.137 

254.138 

Section 

254.201 

254.202 

254.203 

254.204 

Section 

254.301 

35 ILLINOIS ADMINISTRATIVE CODE 254 

SUBTITLEB 

TITLE 35: ENVIRONMENTAL PROTECTION 

SUBTITLE B: AIR POLLUTION 

CHAPTER II: El'NIRONMENTAL PROTECTION AGENCY 

PART254 

ANNUAL EMISSIONS REPORT 

SUBPART A: GENERAL PROVISIONS 

Purpose 

Applicability 

Definitions 

Actual Emissions (Repealed) 

Annual Process Rate (Repealed) 

Certifying Individual (Repealed) 

Emission Determination Method (Repealed) 

Emissions Summary (Repealed) 

Inventory Edit Summary (Repealed) 

Peak Ozone Season (Repealed) 

Source Inventory Report (Repealed) 

Typical Ozone Season Day (Repealed) 

Applicable Pollutants for Annual Emissions Reporting 

Minimum Contents of Annual Emissions Report (Repealed) 

Methods of Filing Annual Emissions Report (Repealed) 

Failure to File a Complete Report 

Voluntary Submittal ofData 

Retention of Records 

Reporting of Errors 

Confidentiality and Trade Secret Protection 

Reporting Schedule 

Issuance of Source Inventory Report 

SUBPART B: REPORTING REQUIREMENTS FOR LARGE SOURCES 

Annual Emissions Report (Repealed) 

Reporting Schedule (Repealed) 

Contents of Subpart B Annual Emissions Report 

Complete Reports 

SUBPART C: REPORTING REQUIREMENTS FOR OTHER SOURCES 

Annual Emissions Report (Repealed) 
EPA 

254.302 

254.303 

254.304 

254.305 

254.306 

Section 

254.401 

254.402 

254.403 

254.404 

Section 

254.501 

35 ILLINOIS ADMINISTRATIVE CODE 254 

SUBTITLEB 

Reporting Schedule (Repealed) 

Contents of Subpart C Annual Emissions Report 

Transition to Full Reporting by Large Sources (Repealed) 

Continuing Requirements for Other Sources (Repealed) 

Complete Reports 

SUBPART D: REPORTING REQUIREMENTS FOR SMALL SOURCES 

Annual Emissions Report (Repealed) 

Reporting Schedule (Repealed) 

Contents of Subpart D Annual Emissions Report (Repealed) 

Complete Reports (Repealed) 

SUBPART E: SEASONAL EMISSIONS REPORT UNDER ERMS 

Contents of a Seasonal Emissions Report 

AUTHORITY: Authorized by Section 4(b) of the Environmental Protection Act [415 ILCS 

5/4(b)]. 

SOURCE: Adopted at 17 Ill. Reg. 7782, effective May 14, 1993; amended at 25 Ill. Reg. 9856, 

effective July 17, 2001; amended at 36 Ill. Reg. effective ____ _ 
EPA 35 ILLINOIS ADMINISTRATIVE CODE 254 254.102 

SUBTITLEB 

Section 254.102 Applicability 

a) Subpart B of this Part applies to: 

1) Owners or operators of any source required to have an operating permit in 

accordance with 35 Ill. Adm. Code 201 that is permitted to emit 25 tons 

per year or more of any combination of regulated air pollutants, excluding 

greenhouse gases; 

2) Owners or operators of any source required to have an operating permit in 

accordance with Section 39.5 of the Environmental Protection Act [ 415 

ILCS 5/39.5]; and 

3) Owners or operators of sources in ozone nonattainment areas that have a 

potential to emit 25 tons per year or more of either YOM or NOx from all 

emission units. 

b) Subpart C of this Part applies to the owner or operator of any source of regulated 

air pollutants required to have an operating permit in accordance with 35 Ill. 

Adm. Code 201 that is not subject to subsection (a) of this Section. 

c) The provisions of Subpart E ofthis Part apply to the owner or operator of any 

source that is subject to the seasonal reporting requirements for ERMS required 

by 35 III. Adm. Code 205.300, as specified under Section 254.501 of Subpart E. 

(Source: Amended at 36 Ill. Reg. ___ ,effective-------' 
CERTIFICATE OF AMENDED PART 

The Illinois Environmental Protection Agency certifies that the attached hereto is a true and 

correct copy of: 

Heading of Part: Annual Emissions Report 

Code Citation: 35 Ill. Adm. Code 254 

Sections Involved: 254.102 

which was duly adopted by this agency. 

Statutory Authority: 415 ILCS 5/4(b) 

~ 

~~~ 

1gnature o 0 1cer 
CO-CHAIR: 

SEN. MAGGIE CROnY 

CO-CHAIR: 

REP. ANGELO "SKIP" SAVIANO 

EXECUTIVE DIRECTOR: 

VICKI THOMAS 

JOINT COMMITTEE ON ADMINISTRATIVE RULES 

ILLINOIS GENERAL ASSEMBLY 

700 STRATION BUILDING 

SPRINGFIELD, ILLINOIS 62706 

217/785-2254 

JOINT COMMITTEE ON ADMINISTRATIVE RULES 

CERTIFICATION OF NO OBJECTION 

TO PROPOSED RULEMAKING 

SEN. PAMELA ALTHOFF 

SEN. DON HARMON 

SEN. JOHN 0. JONES 

SEN. DALE RIGHTER 

SEN. IRA SILVERSTEIN 

REP GREGORY HARRIS 

REP. LOU LANG 

REP. DONALD MOFFITI 

REP. ROSEMARY MULLIGAN 

REP. ANDRE THAPEDI 

This is to certify that the Joint Committee on Administrative Rules, at its 3/6/12 meeting, 

considered A.rmual Emissions Report (35 Ill. Adm. Code 254), proposed by the Environmental 

Protecton Agency and published in the 10/14/11 issue of the Illinois Register. After 

consideration, and based upon the Agreements, if any, for modification of the rulemaking made 

by the agency and attached to this document, the Committee determined that no Objection will be 

issued to the above-mentioned rulemaking. 

March 6. 2012 

Attachments: None 

Vicki Thomas 

Executive Director 

OFFICE OF THE SECRETARY OF STATE 

JESSE WHITE • Secretary of State 

April 26, 2012 

IL ENVIRONMENTAL PROTECTION AGENCY 

KYLE ROMINGER DEPUTY CHIEF LEGAL COUNSEL 

1021 N GRAND AVEE 

PO BOX 19276 MAIL CODE 21 

SPRINGFIELD, IL 62794 

Dear KYLE ROMINGER DEPUTY CHIEF LEGAL COUNSEL 

Your rules Listed below met our codification standards and have been published in Volume 36, 

Issue 18 of the Illinois Register, dated 5/4/2012. 

ADOPTED RULES 

Procedures For Collection Of Air Pollution Site Fees 

35 Ill. Adm. Code 251 

Point of Contact: Charles Matoesian 

Annual Emissions Report 

35 Ill. Adm. Code 254 

Point of Contact: Charles Matoesian 

6803 

6809 

If you have any questions, you may contact the Administrative Code Division at 

(217)782- 7017. 

Index Department- Administrative Code Division- Ill East Monroe Springfield, IL 62756 
ILLINOIS REGISTER 

ENVIRONMENTAL PROTECTION AGENCY 

NOTICE OF ADOPTED AMENDMENTS 

1) Heading of the Part: Annual Emissions Report 

2) Code Citation: 35 Ill. Adm. Code 254 

3) Section Numbers: Adopted Action: 

254.102 Amended 

4) Statutory Authority: Implementing and authorized by Section 4(b) of the Illinois 

Environmental Protection Act. [415 ILCS 5/4/(b)]. 

5) Effective Date of Amendments: APR 2 0 1011 

6) Does this rulemaking contain an automatic repeal date? No 

7) Does this rule contain incorporations by reference? No 

8) A copy of the adopted amendments is on file in the Illinois Environmental Protection 

Agency's principal office and is available for public inspection. 

9) Notice ofProposal Published in the Illinois Register: October 14, 2011; 35 Ill. Reg. 

16178. 

I 0) Has JCAR issued a Statement of Objections to these Amendments? No. 

II) Differences between proposal and final version: 

12) Have all the changes agreed upon by the agency and JCAR been made as indicated in the 

agreements issued by JCAR? Yes 

13) Will this rule replace any emergency rule currently in effect? No 

14) Are there any amendments pending on this Part? No 

15) Summary and Purpose of Amendments: This rulemaking amends the regulations to 

declare that the type of Annual Emission Report an entity files will not be based upon the 

entity's greenhouse gas emissions. Instead, the criteria pollutant emissions will continue 

to control whether the entity files the long or short form. 

16) Information and guestions regarding these adopted amendments shall be directed 

RECEIVED 

APR 2 0 2012 

SOS-CODE DIV. 
ILLINOIS REGISTER 

ENVIRONMENTAL PROTECTION AGENCY 

NOTICE OF ADOPTED AMENDMENTS 

Charles Matoesian, Assistant Legal Counsel 

lllinois Environmental Protection Agency 

1021 North Grand Avenue East 

P.O. Box 19726 

Springfield, lllinois 62794-9276 

217-782-5544 

The full text of the Adopted Amendments begins on the next page: 
Section 

254.101 

254.102 

254.103 

254.104 

254.105 

254.106 

254.107 

254.108 

254.109 

254.110 

254.111 

254.112 

254.120 

254.130 

254.131 

254.132 

254.133 

254.134 

254.135 

254.136 

254.137 

254.138 

Section 

254.201 

254.202 

254.203 

254.204 

ILLINOIS REGISTER 

ENVIRONMENTAL PROTECTION AGENCY 

NOTICE OF ADOPTED AMENDMENT 

TITLE 35: ENVIRONMENTAL PROTECTION 

SUBTITLE B: AIR POLLUTION 

CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY 

PART254 

ANNUAL EMISSIONS REPORT 

SUBPART A: GENERAL PROVISIONS 

Purpose 

Applicability 

Definitions 

Actual Emissions (Repealed) 

Annual Process Rate (Repealed) 

Certifying Individual (Repealed) 

Emission Determination Method (Repealed) 

Emissions Summary (Repealed) 

Inventory Edit Summary (Repealed) 

Peak Ozone Season (Repealed) 

Source Inventory Report (Repealed) 

Typical Ozone Season Day (Repealed) 

Applicable Pollutants for Annual Emissions Reporting 

Minimum Contents of Annual Emissions Report (Repealed) 

Methods of Filing Annual Emissions Report (Repealed) 

Failure to File a Complete Report 

Voluntary Submittal of Data 

Retention of Records 

Reporting of Errors 

Confidentiality and Trade Secret Protection 

Reporting Schedule 

Issuance of Source Inventory Report 

SUBPART B: REPORTING REQUIREMENTS FOR LARGE SOURCES 

Annual Emissions Report (Repealed) 

Reporting Schedule (Repealed) 

Contents of Subpart B Annual Emissions Report 

Complete Reports 
Section 

254.301 

254.302 

254.303 

254.304 

254.305 

254.306 

Section 

254.401 

254.402 

254.403 

254.404 

Section 

254.501 

ILLINOIS REGISTER 

ENVIRONMENTAL PROTECTION AGENCY 

NOTICE OF ADOPTED AMENDMENT 

SUBPART C: REPORTING REQUIREMENTS FOR OTHER SOURCES 

Annual Emissions Report (Repealed) 

Reporting Schedule (Repealed) 

Contents of Subpart C Annual Emissions Report 

Transition to Full Reporting by Large Sources (Repealed) 

Continuing Requirements for Other Sources (Repealed) 

Complete Reports 

SUBPART D: REPORTING REQUIREMENTS FOR SMALL SOURCES 

Annual Emissions Report (Repealed) 

Reporting Schedule (Repealed) 

Contents of Subpart D Annual Emissions Report (Repealed) 

Complete Reports (Repealed) 

SUBPART E: SEASONAL EMISSIONS REPORT UNDER ERMS 

Contents of a Seasonal Emissions Report 

AUTHORITY: Authorized by Section 4(b) of the Environmental Protection Act (415 ILCS 

5/4(b)]. 

SOURCE: Adopted at 17 Ill. Reg. 7782, effective May 14, 1993; amended at 25 Ill. Reg. 9856, 

effective July 17, 2001; amended at 36 Ill. Reg. , effective ____ _ 

SUBPART A: GENERAL PROVISIONS 

Section 254.102 Applicability 

a) Subpart B of this Part applies to: 

I) Owners or operators of any source required to have an operating permit in 

accordance with 35 Ill. Adm. Code 201 that is permitted to emit 25 tons 

per year or more of any combination of regulated air pollutants, excluding 

greenhouse gases; 

2) Owners or operators of any source required to have an operating permit in 

accordance with Section 39.5 of the Environmental Protection Act (415 
ILLINOIS REGISTER 

ENVIRONMENTAL PROTECTION AGENCY 

NOTICE OF ADOPTED AMENDMENT 

ILCS 5/39.5]; and 

3) Owners or operators of sources in ozone nonattainment areas that have a 

potential to emit 25 tons per year or more of either VOM or NOx from all 

emission units. 

b) Subpart C of this Part applies to the owner or operator of any source of regulated 

air pollutants required to have an operating permit in accordance with 35 Ill. 

Adm. Code 201 that is not subject to subsection (a) of this Section. 

c) The provisions of Subpart E of this Part apply to the owner or operator of any 

source that is subject to the seasonal reporting requirements for ERMS required 

by 35 Ill. Adm. Code 205.300, as specified under Section 254.501 of Subpart E. 

(Source: Amended at 36 Ill. Reg. ___ ,, effective _____ J 

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY 

1021 NORTH GRAND AVENUE EAST, P.O. BOX 19276, SPRINGFIELD, ILLINOIS 62794·9276 ° (217) 782·3397 

PAT QUINN, GOVERNOR JOHN). KIM, INTERIM DIRECTOR 

217-782-5544 

December 13, 2012 

Ms. Christine Works 

Administrative Code Division 

Index Department 

Office of the Secretary of State 

111 East Monroe Street 

Springfield, IL 62756 

Re: Notice of Public Information 

Ammal Emission Report State Implementation Plan (SIP) Submittal 

Dear Ms. Works: 

The above-captioned Notice of Public Infonnation is being sent to you for publication in the 

Illinois Register. Enclosed please find the following documents: 

1. The original and two copies of the Notice ofPublic Information; 

2. A computer disk with a copy of the Notice of Public Information in Microsoft Word 

format. 

If you have any questions, please do not hesitate to contact me at 217-782-5544. 

your assistance. 

Thank you for 

Sincerely, 

Charles E. Matoesian 

Division of Legal Counsel 

Illinois Envirmm1ental Protection Agency 

Enclosures 

4302 N. Main St., Rockford, IL 61103 (815)987 -7760 

595 S. State, Elgin, ll 60123 (847)608-3131 

2125 S. First St., Champaign,IL 61820 (217)278-5800 

2009 Mall St., Collinsville, IL 62234 (618)346-5120 

PLEASE PRINT ON RECYCLED P A?ER 

9511 Harrison St., Des Plaines, IL 60016 (847)294-4000 

5407 N. University St., Arbor 1 13, Peoria, ll 61614 (309)693-5462 

2309 W. Main St., Suite 116, Marion, IL 62959 (618)993-7200 

100 W. Randolph, Suite 11-300, Olicogo, IL 60601 (312)814-6026 

ILLINOIS REGISTER 18994 

12 

ENVIRONMENTAL PROTECTION AGENCY 

NOTICE OF PUBLIC INFORMATION 

The Illinois Environmental Protection Agency (Illinois EPA), Bureau of Air, is accepting public 

comments on proposed revisions to its State Implementation Plan (SIP) for Greenhouse Gases 

(GHGs) relating to the Annual Emissions Report program (AER). 

The Illinois EPA will accept written public comments on the proposed SIP revision. The written 

comments must be postmarked by January 28, 2013, unless a Public Hearing is requested. All 

requests for a public hearing must actually be received by the Illinois EPA no later than January 

28, 2013. Comments and requests for hearing should be mailed to: 

Dean Studer, Hearing Officer 

Illinois EPA 

I 021 North Grand A venue East 

P.O. Box 19276 

Springfield, Illinois 62794-9276 

Telephone: 217/558-8280 or TDD: 217/782-9143 

If a timely request for a public hearing is received by January 28. 2013. a public hearing will be 

scheduled through a separate notice and held to receive comments regarding the proposed SIP 

revision. If a public hearing is conducted. the written public comment period will be extended as 

provided for in the separate notice. 

If no request for a public hearing is received bv the Illinois EPA bv U.S. Mail, carrier mail, 

or hand delivered bv Januarv 28, 2013, no hearing will be scheduled. Either verification of a 

public hearing or notice of no hearing to be held will be posted by 5:00pm on February 6, 2013, 

on the Illinois EPA's website at http://www.epa.state.il.us/public-notices/. The hearing notice 

will then be separately published. Interested persons may also contact Dean Studer, the Illinois 

EPA's Hearing Officer, at the phone number listed above to inquire as to the status of a public 

hearing. 

Copies of this proposed SIP revision may be viewed by the public on the Illinois EPA's website 

at http://www.epa.state.il.us/public-notices/ or during regular business hours (Monday through 

Friday, 8:30a.m. until 4:30p.m., except for State holidays) at the following Illinois EPA offices: 

1021 North Grand Avenue East, Springfield, Illinois; 9511 W. Harrison Street, DesPiaines, 

Illinois; or 2009 Mall Street, Collinsville, Illinois. No walk-in requests for copies of this material 

will be accommodated unless advance notice is provided. Requests and public inquiries, 

including verification of whether or not a hearing will be held in this matter, should be directed 

to Dean Studer, the Illinois EPA's Hearing Officer, at the address and phone number listed 

above. 
ILLINOIS REGISTER 18995 

12 

ENVIRONMENTAL PROTECTION AGENCY 

NOTICE OF PUBLIC INFORMATION 

If a hearing request is received, the hearing will be held in accordance with the provisions of the 

Illinois EPA's "Procedures for Information and Quasi-Legislative Public Hearings," set forth at 

35 ill. Adm. Code 164. 

The Illinois EPA will submit the proposed SIP revision to the United States Environmental 

Protection Agency (U.S. EPA) as a revision to its SIP for GHGs to meet requirements of the 

federal Clean Air Act (CAA). This Notice is intended to satisfy the requirements of Section 

110(1) of the CAA (42 USC 7410(1)) (public notice for SIP submittals). 

Pursuant to the CAA, the State of illinois is required to comply with the inventory and reporting 

requirements of Section 182(a) of the CAA (42 USC 7511a(a)). The State of Illinois implements 

this requirement through the Annual Emission Report requirement regulations at 35 Ill. Adm. 

Code Part 254. The State of Illinois has made changes to its AER program tlu·ough the permit 

streamlining legislation at Public Act 97-95. Therefore, the State of Illinois is required to submit 

such changes to the U.S. EPA as a revision to its SIP for GHGs. Principally, these changes will 

be used to update the Illinois EPA's emissions inventory of sources for regulated air pollutants. 

No Public Hearing Requested 

On December 28, 2012, the Illinois Enviromnental Protection Agency published a Notice of 

Public Information in the Illinois Register noticing a public conm1ent period on a proposed 

revision to the State Implementation under the federal Clean Air Act for Greenhouse Gases 

related to Annual Emissions Report program. See, 36 Ill. Reg. 18994. Provision was also given 

in the notice for a public hearing to be scheduled in this matter, if a timely request for a public 

hearing was received by January 28, 2013. 

Pursuant to the published notice, the Illinois EPA is required to post verification of a public 

hearing on its website by February 6. 2013. Since no request for a public hearing has been 

received, no hearing will be scheduled. The public comment period has ended, but the lllinois 

EPA will accept any public conunents in this matter that have been postmarked on or before 

January 28, 2013. 

Dean Studer 

Hearing Officer 

Dated: February 5, 2013