## ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021 NORTH GRANDAVENUE 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 DearMs. Hedman: Pursuant to Section 110(a)(2) ofthe Clean Air Act (CAA) (42 U.S.C. §7410 (a)(2)) and Section 28 ofthe Illinois Environmental ProtectionAct ( 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 emissionreport for submission to the Illinois EPA. A Notice ofPublic Information, which included an opportunity for a hearing, was published in the Illinois Register in Volume 36, Issue 52, p. 18994 onDecember 28, 2012. No request was made and a "No Public Hearing Request" notice was placed onthe Illinois EPA's website on February6, 2013. OnSeptember 30, 2011, the Illinois EPA filed a proposal withthe Illinois Secretary ofState to amend 35 

### Ill. Adm. Code Part 254. In order to assist with your review ofthis plan revision submittal, the following documents are enclosed (two hard copies and one exact duplicate electronic copyon disc): Attachment 1) Attachment 2) Attachment 3) Attachment 4) Attachment 5) Attachment 6) Attachment 7) First Notice ofAmendments filed on September 30, 2011. Proposed Rule published in Illinois Register at Volume 35, Issue 42, page 16178 on October 14,2011. Analysis ofEconomic and BudgetaryEffects, dated November 21,2011. Second Notice ofProposed Amendments, dated January 31, 2012. Filing and Publication ofAdopted Amendments, dated Aprill3, 2012. Adopted Rule published in Illinois Register at Volume 36, Issue 18, page 6809 on May4, 2012. Notice ofPublic Information filed onDecember 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 10·300, Cf'ricogo, IL 6060l (312]814·6026Attachment 8) Attachment 9) Notice ofPublic Information published in Illinois Register at Volume 36, Issue 52, page 18994 onDecember 28, 2012. Notice ofNo Public Hearing Requested put onthe Illinois EPA website on February 6, 2013.

Iffurther 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) R14-6026 PAT QutNN, GovERNOR

September 30, 20II

Christine Works Index Department Administrative Code Division Office ofthe Secretary ofState Ill EastMonroe Springfield, Illinois 62756 DouGLAS P. 

### Scan. DIRECTOR

Re: Initiation ofFirstNotice for the Amendments to Annual Emissions Report, 35 Ill. Adm. Code 254 and Procedures for Collection ofAirPollution Fees, 35 

### Ill. Adm. Code 251

Dear Ms. Works: Enclosed are the original and two (2) copies ofthe Notice ofProposed Rules, one original and two (2) copies ofa complete table ofcontents with source and authority notes, the text ofthe rulemaking showing the waythe Illinois EPA wishes the rule to read and a CD Rom containing electronic copies ofthe documents. · Ifyou have any questions, please contact me at 217-782-5544.
Sincerely,

Charles E. Matoesian Assistant Counsel Division ofLegal 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) 993-7200ILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY NOTICE OF PROPOSED AMENDMENTS I) Heading ofthe Part: Annual Emissions Report 2) Code Citation: 

### 35 

### Ill. Adm. Code 254 3) Section Numbers: 254.102 Proposed Action: Amended 4) StatutorvAuthority: Implementing and authorized by Section 4(b) ofthe Illinois Environmental Protection Act. [415 ILCS 5/4/(b)) 5) A Complete Description ofthe Subjects and Issues Involved: This rulemaking will amend the regulations to declare that thetype ofAnnual Emission Report an entity files will notbe based upon the entity's greenhouse gas emissions. Instead, the criteria pollutant emissions will continue to control whetherthe entity files the long or short form. • 

### 6) Published studies orreports. and sources ofunderlving data. used to composethis**rulemakin~r:** None 7) Will this proposed rule replace an emergencyrule currently in effect? No 8) Does this rulemaking contain an automatic repeal date? No 

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

### I0) Are there any other proposed amendments pending on this Part? No 11) Statement ofStatewide Policy Objectives: These rules amends the procedures for submitting annual emissionreports. 12) Time. Place and Manner in which interested persons may comment onthis proposed rulemaking: Persons who wishto submit comments on the proposed rules may submit them in writing byno laterthan 45 days after publicatior ofthis Notice to: Charles E. Matoesian Assistant Counsel Illinois Environmental Protection Agency Division ofLegal Counsel 1021 North Grand Avenue East P.O. Box 19726ILLINOIS 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 ofsmall businesses. small municipalities and not for profitcomorations 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 otherprocedures reguired for compliance: None C) Types ofprofessional skills necessary for compliance: None 14) Regulatory Agenda on whichthis rulemaking was summarized: January 2011 The full text ofthe Proposed Amendments begins onthe 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 ofAnnual Emissions Report (Repealed) Methods ofFiling Annual Emissions Report (Repealed) Failure to File a Complete Report Voluntary Submittal ofData Retention ofRecords Reporting ofErrors Confidentiality and Trade SecretProtection Reporting Schedule Issuance ofSource Inventory Report SUBPART B: REPORTING REQUIREMENTS FORLARGE SOURCES

Annual Emissions Report (Repealed) Reporting Schedule (Repealed) Contents ofSubpartB Annual Emissions Report254.204

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 ofSubpart 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 ofSubpart D Annual Emissions Report (Repealed) Complete Reports (Repealed) SUBPART E: SEASONAL EMISSIONS REPORT UNDER ERMS

Contents ofa Seasonal Emissions Report AUTHORITY: Authorized by Section 4(b) ofthe Environmental Protection Act [415 ILCS 5/4(b)]. SOURCE: Adopted at 17 IlL Reg. 7782, effectiveMay 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 ofthis Part applies to: 1) Owners or operators ofany 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 ormore ofany combination ofregulated air pollutants. excluding greenhouse gases; 2) Owners or operators ofany source required to have an operating permit in accordance with Section 39.5 ofthe Environmental Protection Act [415 ILCS 5/39.5]; and 3) Owners or operators ofsources in ozone nonattainment areas that have a potential to emit 25 tons per year or more ofeither YOM or NO[x] from all emission units. b) Subpart C ofthis Part applies to the owner oroperator ofany source ofregulated 

### air pollutants required to have an operatingpermit in accordance with 35 Ill. Adm. Code 201 that is not subject to subsection (a) ofthis Section. c) The provisions ofSubpart E ofthis Part apply to the owner or operator ofany 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 ofSubpart E.
(Source: Amended at 35 

### Ill. Reg.____:, effective

______ __,

# ATTACHMENT 

# 2

# r

OFFICE OF THE SECRETARY OF STATE JESSE WHITE • Secretary ofState

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 ofthe Illinois Register, dated 10/14/2011. PROPOSED RULES Procedures For Collection ofAir Pollution Site Fees 35 111. Adm. Code 251 Point ofContact: Charles Matoesian Annual Emissions Report 35 Ill. Adm. Code 254 Point ofContact: Charles Matoesian 16172

16178
Ifyou have any questions, you may contactthe Administrative Code Division at

(217)782 -7017.

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

NOTICE OF PROPOSED AMENDMENTS I) Heading ofthe Part: Annual Emissions Report 2) Code Citation: 35 Ill. Adm. Code 254 3) SectionNumbers: 254.102 Proposed Action: Amended 4) Statutory Authoritv: Implementing and authorized by Section 4(b) ofthe Illinois Environmental Protection Act. (415 ILCS 5/4/(b)] 5) A Complete Description ofthe Subjects and Issues Involved: This rulemaking will amend the regulations to declare that the type ofAnnual Emission Report an entity files will notbe based upon the entity's greenhouse gas emissions. Instead, the criteria pollutant emissions will continue to control whetherthe entity files the long or short form. 6) Published studies orreports. and sources ofunderlying data. used to composethis rulemaking: None 7) Will this proposed rule replace an emergency rule currently in effect? No 8) Doesthis rulemaking contain an automatic repeal date? No 9) Does this proposed amendment contain incomorations by reference? No 1

0) Are there any otherproposed amendments pending on this Part? No 11) Statement ofStatewide Policy Objectives: These rules amends the procedures for submitting annual emission reports. I2) Time. Place and Manner in which interested persons may comment on this proposed rulemaking: Persons who wish to submit comments on the proposedrules may submit them in writingbyno laterthan 45 days afterpublication ofthis Notice to: Charles E. Matoesian Assistant Counsel Illinois Environmental Protection Agency Division ofLegal 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 ofsmall businesses, small municipalities and not for profit corporations affected: This rulemaking is expected to impact small businesses andnot 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 otherprocedures required for compliance: None C) Types ofprofessional skills necessary for compliance: None 14) Regulatory Agenda on which this rulemaking was summarized: January 2011 The full text ofthe 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 ofAnnual Emissions Report (Repealed) Methods ofFiling Annual Emissions Report (Repealed) Failure to File a Complete Report Voluntary Submittal ofData Retention ofRecords Reporting ofErrors

. Confidentiality and Trade SecretProtection Reporting Schedule Issuance ofSource Inventory Report SUBPART B: REPORTING REQUIREMENTS FORLARGE SOURCES

Annual Emissions Report (Repealed) Reporting Schedule (Repealed) Contents ofSubpartB Annual Emissions Report254.204

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 ofSubpart C Annual Emissions Report Transitionto 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 ofSubpart D Annual Emissions Report (Repealed) Complete Reports (Repealed) SUBPART E: SEASONALEMISSIONS REPORT UNDER ERMS

Contents ofa Seasonal Emissions Report AUTHORITY: Authorized by Section 4(b) ofthe 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 ofthis Part applies to: 1) Owners or operators ofany 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 ofany combination ofregulated air pollutants. excluding greenhouse gases; 2) Owners or operators ofany source required to have an operating permit in accordance with Section 39.5 ofthe Environmental Protection Act [415 ILCS 5/39.5]; and 3) Owners or operators ofsources in ozone nonattainment areas that have a potential to emit 25 tons per year ormore ofeither YOM or NO[x] from all emission units. b) Subpart C ofthis Part applies to the owner or operator ofany source ofregulated air pollutants required to have an operating permit in accordance with 35 Ill. Adm. Code 201 that is not subjectto subsection (a) ofthis Section. c) The provisions ofSubpart E ofthis Part apply to the owner or operator ofany 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 ofSubpart 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 onAdministrative Rules 700 Stratton Building Springfield, Illinois 62706
RE: Economic and Budgetary Analysis ofProcedures for: Collection ofAir 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: Enclosedplease find the analysis ofeconomicand budgetary effects ofthe above referenced rulemakingthat you requested. Please note thatyourMemorandum ofOctober28,2011 only =requested an analysis ofPart 251 but I included an analysis ofPart 254 as well, as it is also amended bythe rulemaking and thought itmightbe ofinterest to you. Thallk youfor 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 ofLegal Counsel.- Bureau ofAir

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 (35 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 costto the agency for this program/activity. There are cuJTent1y administrative costs to the Agency involvingthe generation and mailing of reporting forms to the source's required to complete them and mail back m.

· (b) · ·Ifthis mlei;llaking will resultin an increase or decrease in cost, specifythe 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) Ifan increase or decrease in the costs ofanother State agency is anticipate.d, specifY the fiscal year inwhichthis change will first occur and the estimated dollar amount ofthe effect. FY $_1-:N"-'/A"'---- .:· ·Agency: N/A

. Will this mlemakinghave any effect on State revenues or expenditures not

·already

### iiictNI~tcJ@:r&W!i? Specify effects and amounts.

### -~N'-'-"o"-.___ _

·;.. .. Economic.effect"onpersons.affected bythe mlemaking. (a) Indicate the economic effect and specifythe persons affected: _Positive _Negative .x_No effect Persons affected: Permitted air pollution sources Dollar amotmtperperson: "'$0"------- Total Statewide cost: ,_$0,_

______ _ b) Ifan economic effect is predicted, please briefly describe howthe effect will occur. (Example: Additional continuing education courses will "§e.·require an expenditure ofapproximately $100 per year for course fees by 10,000 licensed professionals.)N ;c'-"!o:!!ne"-'·--- (c) Will the rulemaking have an indirect effectthat may result in increased administrative costs? Will there be any change in requirements such as filing, documentation, reporting or completion offorms? Compareto current requirements. Sources will need to complete additional fields on existing Annual EmissionReport forms pursuant to recent legislation making greenhouse gases regulated airpollutants and thereby requiring thatthey 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 rulemakingmerely keeps inplace the current criteria for the type ofform (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 beingrequired ofsources who would otherwise have to complete a long form absent the revised rule.

···:

# ATTACHMENT 

# 4

## ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
I021 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 Committeeon 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) ofthe 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 ofthe proposed amendments to 35 Ill. Adm. Code 254, and a CD-ROM containing a word version ofthe SecondNotice form and proposed amendments. An Analysis ofEconomic and Budgetary Effects was previously submitted. Theproposed ru1emaking was published at 35 

### Ill. Reg. 16178 on October 14, 201 L Ifyou have any questions orneed any additional information, please contact me at 782-5544.

Sincerely,

Charles Matoesian, Assistant Counsel Division ofLegal 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 ofa!Zency: Illinois Environmental Protection Agency 2) Title and citation ofthe proposed Rules: Annual Emissions Report (35 Jll. Admin. Code 254). 3) Date. issue and pa!Ze number ofthe Illinois Register in whichthe First Notice was published: October 14,2011,Issue35,Page 16178 4) Text and .location ofchanges made during the First Notice period: None. 5) Response to any recommendations made by the Administrative Code Division: The Illinois EPA did notreceive any substantive recommendations from the Administrative Code Division. The Illinois EPA and JCAR agreed to a non-substantive technical change. 6) Whetherthe rulemaking includes an incorporation by reference. the location in the rulemaking ofthe incorporation. and a copy ofthe cover.page ofthe material and the specific materia] incorporated: The rulemaking does not include incorporations by reference. 7) Final Regu.latorv Flexibility Analysis: a) Summary ofthe issues raised by smaH businesses during the First Notice period: None. b) A description ofactions taken on any alternatives suggested by smaH business during the FirstNotice period: No alternatives were suggested. 8) Methods used to comply with the smaH business. not for profit corporation and smaH municipality requirements of5 ILCS 100/5-30 and 1lAC 220.285: This rulemaking is expectedto impact smaH businesses, smaH municipalities, and not for profit corporations to the extent thatthey have to file Annual Emission Reports. This amendment declares that the type ofAnnual Emission Report that a source files will not be based upon greenhouse gas emissions. Instead, criteriapollutant 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 ofProposed Amendments that initiated the First Notice period. 9) Evaluation ofcomments received during First Notice: a) Alist ofall persons and organizations making comments on theproposed rulemaking: The Illinois EPA did not receive any comments during First Notice.

### ENVIRONMENTAL PROTECTION AGENCY SECOND NOTICE OF PROPOSED AMENDMENTS
b) A list ofspecific criticisms. suggestions and comments raised by interested persons. and the Agency's analysis ofeach ofthese criticisms. suggestions and comments: None

.

.c) Any changes madeto the rules by the Agency as a result ofcriticisms, suggestions and comments made by interested persons: None. d) The names ofall persons or organizations requesting a public hearing and the date ofany public hearings held on the proposed rulemaking: The Illinois EPA did not receive any requests for a publiche-aring, and did not hold public hearings regarding the proposed rulemaking. I0) Justification and rationale for the rulemaking: a) Citations to changes in Illinois lawthat require the rulemaking: This rulemaking reflects amendments to Sections 35 ofthe Environmental ProtectionAct(415 ILCS 5/35, PA 97-95, effective July 1, 2011). b) An explanation ofchanges 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 orregulations, orto funding requirements. that require the rulemaking: None. d) Citations and copies ofcourt orders or decisions thatrequire the rulemaking: None. e) A complete explanation ofany other reasons for the proposed rulemaking: None. II) Name, address. phone and fax numbers ofAgency's representative who will respond to Joint Committee questions: Charles Matoesian Division ofLegal Counsel Illinois Enviromnental Protection Agency I021 North Grand Avenue East P.O. Box 19276 Springfield, IL 62794-9276ENVIRONMENTAL PROTECTION AGENCY SECOND NOTICE OF PROPOSED AMENDMENTS

Tel: 2171782-5544 Fax: 217/782-9807 12) Ifrequested bv the Joint Committee. a State Mandate Act Questionnaire: Not requested. 13) Ifrequested bv the Joint Committee. an analysis ofthe economic and budgetary effects of the proposed rulemaking: Previously Submitted. 14) Any new orrevised forms referenced in the proposed rulemaking ifthe 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: ENVIRONMENTALPROTECTION SUBTITLE B: AIR POLLUTION CHAPTER II: ENVIRONMENTAL PROTECTION AGENCY PART 254 ANNUAL EMISSIONS REPORT SUBPARTA: 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 ofAnnual Emissions Report (Repealed) Methods ofFiling Annual Emissions Report (Repealed) Failure to File a Complete Report Voluntary Submittal ofData Retention ofRecords Reporting ofErrors Confidentiality and Trade Secret Protection Reporting Schedule Issuance ofSource Inventory Report SUBPART B: REPORTING REQUIREMENTS FOR LARGE SOURCES Annual Emissions Report (Repealed) Reporting Schedule (Repealed) Contents ofSubpart 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 ofSubpart 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 ofSubpart D Annual Emissions Report (Repealed) Complete Reports (Repealed) SUBPARTE: SEASONAL EMISSIONS .REPORT UNDER ERMS

Contents ofa Seasonal Emissions Report AUTHORITY: Authorized by Section 4(b) ofthe 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 ofthis Part applies to: I)

2)

3) Ov..rners or operators ofany 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 ofany combination ofregulated air pollutants. excluding_

__..----{ Formatted: No underline greenhouse ga<>es; ' Owners or operators ofany source required to have an operating permit in accordance with Section 39.5 ofthe Environmental Protection Act [415 ILCS 5/39.5]; and Owners or operators ofsources in ozone nonattainment areas that have a potential to emit 25 tons per year ormore ofeither VOM or NOx from all emission units.87 88 89 90 91 92 93 94 b)

c) JCAR350254-1116178r01 Subpart Cofthis Part applies to the owner or operator ofany source ofregulated 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 ofSubpart Eofthis Part apply to the owner or operator ofany 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 ofSubpart 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 17)**782-28·2~** James R. Thompson Center, 100 West Randolph, Suite 11-300, Chicago, IL 60601 • (3 12) 814-6026 PAT QUINN, GOVERNOR

217-782-5544 April 13, 2012

Christine Works Office ofthe Secretary ofState Index Department Administrative Code Division 

### 111 East Monroe Street Springfield, Illinois 62756 :JtRECTOR

RE: Filing and Publication ofAdopted Amendments; 35 

### Ill. Adm. Code Part 254 (Annual Emissions Report) DearMs. Works: Enclosed please find one original and two copies ofthe following documents: I. Notice ofAdopted Amendments, for publication in theIllinois Register; 2. Adopted amendments to 35 Ill. Adm. Code 254, for publication in theIllinois Register; 3. Code version ofadopted amendments to 35 Ill. Adm. Code 254; 4. Agency Certificate ofAmended Part; and 5. JCAR's Certification ofNo Objection. Also enclosed please find a computer disk containing the Notice ofAdopted Amendments, Illinois Registerversion ofthe adopted amendments, and Code version ofthe adopted amendments in Microsoft Word fom1at. Ifyou have any questions, please contact me at 217-782-5544.
Sincerely,

Charles E Matoesian Assistant Counsel Division ofLegal Counsel Enc.

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 • 2309W. Main St. Suite 116, Marion, IL 62959 • {618) 993-7200ILLINOIS REGISTER ENVIRONMENTALPROTECTION AGENCY NOTICE OF ADOPTED AMENDMENTS I) Heading ofthe Part: Annual Emissions Report 2) Code Ciiation: 35 lll. Adm. Code 254 3) Section Numbers: Adopted Action: 254.102 Amended 4) StatutoryAuthority: Implementing and authorized by Section 4(b) ofthe lllinois Environmental Protection Act. [415 ILCS 5/4/(b)]. 5) EffectiveDate ofAmendments: 6) Does this rulemaking contain an automatic repeal date? No 7) Does this rule contain incorporations byreference? No 8) A copy ofthe 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. I0) Has JCAR issued a Statement ofObjections to these Amendments? No. II) Differences betweenproposal and final version: 12) Have all the changes agreed upon bythe agency and JCAR been made as indicated in the agreements issued byJCAR? Yes 13) Will this rule replace any emergencyrule currently in effect? No 14) Are there any amendments pending on this Part? No 15) Summarv and Pumose ofAmendments: This rulemaking amends the regulations to declare that the type ofAnnual Emission Report an entity files will notbebased upon the entity's greenhouse gas emissions. Instead, the criteriapollutant emissions will continue to control whetherthe entity files the long or short form. 16) Information and questions regarding these adopted amendments shall be directedILLINOIS 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 Thefull text ofthe Adopted Amendmentsbegins onthe 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 SUBPARTA: GENERAL PROVISIONS
Purpose Applicability Definitions Actual Emissions (Repealed) Annual Process Rate (Repealed) Certifying Individual (Repealed) Emission DeterminationMethod (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 ofAnnual Emissions Report (Repealed) Methods ofFiling Annual Emissions Report (Repealed) Failureto File a Complete Report Voluntary Submittal ofData Retention ofRecords Reporting ofErrors Confidentiality and Trade Secret Protection Reporting Schedule Issuance ofSource Inventory Report SUBPART B:. REPORTING REQUIREMENTS FOR LARGE SOURCES Annual Emissions Report (Repealed) Reporting Schedule (Repealed) Contents ofSubpart B Annual Emissions Report Complete ReportsSection 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 ofSubpart C Annual Emissions Report Transition to 

### Full Reporting by Large Sources (Repealed) Continuing Requirements for Other Sources (Repealed) CompleteReports SUBPART D: REPORTING REQUIREMENTS FOR SMALL SOURCES Annual Emissions Report (Repealed) Reporting Schedule (Repealed) Contents ofSubpart D Annual Emissions Report (Repealed) Complete Reports (Repealed) SUBPART E: SEASONAL EMISSIONS REPORT UNDER ERMS

Contents ofa Seasonal Emissions Report AUTHORITY: Authorized by Section 4(b) ofthe 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) SubpartB ofthis Part applies to: 1) Owners or operators ofany 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 ofany combinationofregulated air pollutants. excluding greenhouse gases; 2) Owners or operators ofany source required to have an operating permit in accordance with Section 39.5 ofthe Environmental Protection Act [415

### ILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY NOTICE OF ADOPTED AMENDMENT ILCS 5/39.5]; and 3) Owners or operators ofsources in ozone nonattainrnent areas that have a potential to emit 25 tons per year or more ofeither VOM or NOx from all emission units. b) Subpart C ofthis Part applies to the owner oroperator ofany source ofregulated airpollutants required to have an operating permit in accordance with 35 Ill. Adm. Code 201 that is not subjectto subsection (a) ofthis Section. c) The provisions ofSubpart E ofthis Part apply to the owner or operator ofany 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 ofSubpart 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 CHAPTERII: El'NIRONMENTALPROTECTION 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 ofAnnual Emissions Report (Repealed) Methods ofFiling Annual Emissions Report (Repealed) Failure to File a Complete Report Voluntary Submittal ofData Retention ofRecords Reporting ofErrors Confidentiality and Trade Secret Protection Reporting Schedule Issuance ofSource Inventory Report SUBPART B: REPORTING REQUIREMENTS FOR LARGE SOURCES Annual Emissions Report (Repealed) Reporting Schedule (Repealed) Contents ofSubpart 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 ofSubpart 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 ofSubpart D Annual Emissions Report (Repealed) Complete Reports (Repealed) SUBPART E: SEASONAL EMISSIONS REPORT UNDER ERMS

Contents ofa Seasonal Emissions Report AUTHORITY: Authorized by Section 4(b) ofthe 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 ofthis Part applies to: 1) 

### Owners or operators ofany source required to have an operatingpermit in accordance with 35 Ill. Adm. Code 201 that is permitted to emit 25 tons per year or more ofany combination ofregulated air pollutants, excluding greenhouse gases; 2) Owners or operators ofany source required to have an operatingpermit in accordance with Section 39.5 ofthe Environmental Protection Act [ 415 ILCS 5/39.5]; and 3) Owners or operators ofsources in ozone nonattainment areas that have a potential to emit 25 tons per year ormore ofeither YOM or NOx from all emission units. b) Subpart C ofthis Part applies to the owner or operator ofany source ofregulated air pollutants required to have an operating permit in accordance with 35 Ill. Adm. Code 201 that is not subjectto subsection (a) ofthis Section. c) The provisions ofSubpart E ofthis Part apply to the owner or operator ofany 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 ofSubpart 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 ofPart: Annual Emissions Report Code Citation: 35 Ill. Adm. Code 254 Sections Involved: 254.102 which was duly adopted bythis agency. StatutoryAuthority: 415 ILCS 5/4(b)

# ~~~

# ~ 1gnature o 0 1cerCO-CHAIR: SEN. MAGGIE CROnY CO-CHAIR: REP. ANGELO "SKIP" SAVIANO EXECUTIVE DIRECTOR: VICKI THOMAS 

### JOINT COMMITTEE ONADMINISTRATIVERULES 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, ifany, for modification ofthe rulemaking made by the agency and attached to this document, the Committee determined thatno Objection will be issued to the above-mentioned rulemaking.

March 6. 2012

Attachments: None Vicki Thomas Executive Director

# ATTACHMENT 

# 6

# OFFICE OF THE SECRETARY OF STATE JESSE WHITE • Secretary ofState 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 andhave been published in Volume 36, Issue 18 ofthe Illinois Register, dated 5/4/2012. ADOPTED RULES Procedures For Collection OfAir Pollution Site Fees 35 Ill. Adm. Code 251 Point ofContact: Charles Matoesian Annual Emissions Report 35 Ill. Adm. Code 254 Point ofContact: Charles Matoesian 6803

6809
Ifyou have any questions, you may contact the Administrative Code Division at

(217)782- 7017.

Index Department- Administrative Code Division- Ill East Monroe Springfield, IL 62756ILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY NOTICE OF ADOPTED AMENDMENTS 1) Heading ofthe Part: Annual EmissionsReport 2) Code Citation: 35 Ill. Adm. Code 254 3) Section Numbers: Adopted Action: 254.102 Amended 4) StatutoryAuthority: Implementing and authorizedby Section 4(b) ofthe Illinois Environmental Protection Act. [415 ILCS 5/4/(b)]. 5) EffectiveDate ofAmendments: 

### APR 201011 6) Does thisrulemaking contain an automatic repeal date? No 7) Does thisrule contain incorporations byreference? No 8) A copy ofthe adopted amendments is on file in the Illinois Environmental Protection Agency'sprincipal office and is available for public inspection. 9) Notice ofProposalPublished in the Illinois Register: October 14, 2011; 35 

### Ill. Reg. 16178. I0) Has JCAR issued a Statement ofObjections to these Amendments? No. II) Differencesbetween proposal and final version: 12) Have all the changes agreed upon bythe agency and JCAR been made as indicated in the agreements issued byJCAR? Yes 13) Will this rule replace any emergencyrule currently in effect? No 14) Are there any amendments pending onthis Part? No 15) Summaryand Purpose ofAmendments: This rulemaking amends the regulations to declare that the type ofAnnual Emission Report an entity files will not be based upon the entity's greenhouse gas emissions. Instead, the criteriapollutant emissions will continue to control whetherthe entity files the long or short form. 16) Information and guestions regarding these adopted amendments shall be directed 

### RECEIVED 

## APR 202012 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 ofthe 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: AIRPOLLUTION CHAPTERII: ENVIRONMENTAL PROTECTION AGENCY PART254 ANNUAL EMISSIONS REPORT SUBPARTA: 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 SeasonDay (Repealed) Applicable Pollutants for Annual Emissions Reporting Minimum Contents ofAnnual Emissions Report (Repealed) Methods ofFiling Annual Emissions Report (Repealed) Failure to File a Complete Report Voluntary Submittal ofData Retention ofRecords Reporting ofErrors Confidentiality and Trade Secret Protection Reporting Schedule Issuance ofSource Inventory Report SUBPART B: REPORTING REQUIREMENTS FORLARGE SOURCES Annual Emissions Report (Repealed) Reporting Schedule (Repealed) Contents ofSubpart B Annual Emissions Report Complete ReportsSection 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 ofSubpart C Annual Emissions Report Transitionto Full Reporting by Large Sources (Repealed) Continuing Requirements for Other Sources (Repealed) Complete Reports SUBPARTD: REPORTING REQUIREMENTS FOR SMALL SOURCES Annual Emissions Report (Repealed) Reporting Schedule (Repealed) Contents ofSubpart D Annual Emissions Report (Repealed) Complete Reports (Repealed) SUBPARTE: SEASONAL EMISSIONS REPORT UNDER ERMS

Contents ofa Seasonal Emissions Report AUTHORITY: Authorized by Section4(b) ofthe Environmental ProtectionAct (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 ofthis Part applies to: I) Owners or operators ofany source required to have an operatingpermit in accordance with 35 

### Ill. Adm. Code 201 that is permitted to emit 25 tons per year ormore ofany combination ofregulated air pollutants, excluding greenhouse gases; 2) Owners or operators ofany source required to have an operating permit in accordance with Section 39.5 ofthe Environmental Protection Act (415

### ILLINOIS REGISTER ENVIRONMENTAL PROTECTION AGENCY NOTICE OF ADOPTED AMENDMENT ILCS 5/39.5]; and 3) Owners or operators ofsources in ozone nonattainment areas that have a potential to emit 25 tons per year ormore ofeitherVOM orNOx from all emissionunits. b) Subpart C ofthis Part applies to the owner or operator ofany source ofregulated 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. c) The provisions ofSubpartE ofthis Part apply to the owner oroperator ofany 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 ofSubpart E. (Source: Amended at 36 Ill. Reg.

___ ,, effective

_____ J

# ATTACHMENT 

# 7

## 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 IndexDepartment Office ofthe SecretaryofState 111 East Monroe Street Springfield, IL 62756

Re: Notice ofPublic Information Ammal EmissionReport State ImplementationPlan (SIP) Submittal

DearMs. Works: The above-captioned Notice ofPublic Infonnation is being sent to you for publicationinthe Illinois Register. Enclosed please find the following documents: 1. The original and two copies oftheNotice ofPublicInformation; 2. A computer disk with a copy ofthe Notice ofPublic Information in Microsoft Word format. Ifyou have any questions, please do not hesitateto contact me at 217-782-5544. your assistance. Thank you for
Sincerely,

Charles E. Matoesian Division ofLegal 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 PA?ER 9511 Harrison St., Des Plaines, IL 60016 (847)294-4000 5407 N. University St., Arbor 113, 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

# ATTACHMENT 

# 8ILLINOIS REGISTER 18994 12 ENVIRONMENTAL PROTECTION AGENCY NOTICE OFPUBLIC INFORMATION The Illinois Environmental ProtectionAgency (Illinois EPA), Bureau ofAir, is accepting public comments onproposed revisions to its State Implementation Plan (SIP) for Greenhouse Gases (GHGs) relating to the Annual Emissions Reportprogram (AER). The Illinois EPA will accept writtenpublic comments onthe proposed SIP revision. The written comments mustbe postmarked byJanuary 28, 2013, unless a Public Hearing is requested. All requests for apublic hearing must actuallybereceived bythe Illinois EPAno later than January 28, 2013. Comments and requests for hearing shouldbe mailedto: Dean Studer, Hearing Officer Illinois EPA I021 North Grand Avenue East P.O. Box 19276 Springfield, Illinois 62794-9276 Telephone: 217/558-8280 orTDD: 217/782-9143 Ifa timelyrequest for a publichearing is received byJanuary 28. 2013. apublic hearing will be scheduledthrough a separate notice and held to receive comments regarding the proposed SIP revision. Ifa public hearing is conducted. the written public commentperiod will be extended as provided for in the separatenotice. Ifno requestfor 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 ofa public hearing or notice ofno hearing to beheld will be posted by 5:00pm onFebruary 6, 2013, onthe Illinois EPA's website at http://www.epa.state.il.us/public-notices/. The hearing notice will thenbe separatelypublished. Interested persons may also contactDean Studer, the Illinois EPA's Hearing Officer, at the phonenumberlisted above to inquire as to the status ofa public hearing. Copies ofthis proposed SIP revision maybeviewedbythepublic onthe 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; or2009 Mall Street, Collinsville, Illinois. No walk-inrequests for copies ofthis material will be accommodatedunless advance notice is provided. Requests and public inquiries, including verification ofwhether ornot 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 Ifa hearingrequest is received, the hearing will be held in accordance withthe provisions ofthe Illinois EPA's "Procedures for Information and Quasi-LegislativePublic 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 ofthe federal Clean Air Act (CAA). This Notice is intended to satisfy the requirements of Section 110(1) ofthe CAA (42 USC 7410(1)) (public notice for SIP submittals). Pursuantto the CAA, the State ofillinois is required to comply with the inventory and reporting requirements ofSection 182(a) ofthe CAA (42 USC 7511a(a)). The State ofIllinois implements this requirement through the Annual EmissionReportrequirementregulations at 35 Ill. Adm. Code Part 254. The State ofIllinois has made changes to its AERprogram tlu·ough the permit streamlining legislation at Public Act 97-95. Therefore, the State ofIllinois is required to submit such changes to theU.S. EPA as a revision to its SIP for GHGs. Principally, these changes will beused to update the Illinois EPA's emissions inventory ofsources for regulated airpollutants.

# ATTACHMENT 

# 9

### No Public Hearing Requested

OnDecember28, 2012, theIllinois Enviromnental Protection Agencypublished a Notice of Public Information in the Illinois Registernoticing 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, ifa timelyrequest for a public hearing was received byJanuary 28, 2013. Pursuant to thepublished notice, the Illinois EPA is required to post verification ofa public hearing on its website byFebruary 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 EPAwill accept anypublic conunents in this matterthat have beenpostmarked on orbefore January 28, 2013.

Dean Studer Hearing Officer Dated: February 5, 2013