IN THE MATTER OF: 

ILLINOIS POLLUTION CONTROL BOARD 

May 16,2013 

) 

) Rl3-ll 

!EPA ATTACHMENT NO. 3 

NATIONAL AMBIENT AIR QUALITY 

STANDARDS, USEPA REGULATIONS 

(through December 31, 20 12) 

) (Identical-in-Substance Rulemaking- Air) 

) 

NOTICE OF HEARINGS 

TYPE OF HEARING: Merit hearing 

DATE AND LOCATION: 

11:00 a.m., June 26,2013 

Sangamo Building, Roomlll9N 

lllinois Pollution Control Board Hearing Room 

I 021 North Grand A venue 

Springfield 

ATTENDING BOARD MEMBER: Jennifer A. Burke 

HEARING OFFICER: 

DATED: 

Michael J. McCambridge 

312-814-6924 

May 16,2013 

lJ ORIGINAL 

For the sake of expedience, the Hearing Officer encourages the pre-submission of 

testimony and exhibits, but will not require such pre-submission. Any person wishing to 

submit oral testimony, rather than pre-submitting testimony for introduction into the 

record as though read, should notify the Hearing Officer no later than June 19, 2013. 

In 1-:ompliant:c \\'ith the An1.:rir.:,m.., \\!lh Di"-nhllirie' :\Lt and otlh.:r Hpplic;Jbk f<:d('r;ll and Statc Jaw .... the h..::<~rmg wdi Qc <ll'tC~~ihlc Ill indi\ tdunl\ \\ 1th 

di,•lPlhtic~. P<:hl)'l" n:quiring ;lt•\.ili;u·~ uid-. ;Uld ..:.cn·!L'C" :-hunld ~ont:~-:t John T. Th~rri:mJt. A:;~1-<lant Ck1l or the Board. nt I 00 Wc:-.t R.tndolph St .. 

Sui to: J l-500. Chit·,J~o lllim1i-. (J0(l0 i. at H:h.:pllllJH: JJumb.:J 312t::il4-J6:!9. ft~\ nmnhcr Ji::!/1) I 4-3669. m TDD Jllimt"tcr 31 ~m 14-(10:>~. fh..: Ja~, 

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2 

HEARING OFFICER ORDER 

Scope of the Hearing1 

The Board reserved this docket pursuant to Sections 7.2 and 1 O(H) of the Environmental 

Protection Act (Act) (415 ILCS 517.2 and IO(H) (20 12)) to update the lllinois ambient air quality 

regulations to include all current federal NAAQSs adopted and amended by the United States 

Environmental Protection Agency (US EPA) through December 31, 2012. 

Section !O(H) was added to the Act by P.A. 97-945, effective August 10,2012. Section 

!O(H) mandates that the Board adopt ambient air quality standards that are identical-in-substance 

with National Ambient Air Quality Standards (NAAQSs) adopted by USEPA pursuant to 42 

U.S.C. § 7409 (2011). USEPA has codified those NAAQSs in 40 C.F.R. 50. This proceeding is 

the initial rulemaking to implement this new identical-in-substance mandate. As such, this 

proceeding incorporates the existing NAAQSs that US EPA has adopted and amended for over 40 

years, up to December 31,2012. 

NAAQSs apply to ambient air, and each constitutes a determination of the maximum level 

of a criteria pollutant that is allowable consistent with human health (a primary standard) and public 

welfare (a secondary standard). 42 U.S.C. § 7409(b) (2011). As of December 31,2012, the 

federal regulations included 19 NAAQSs for six criteria pollutants: carbon monoxide, lead 

nitrogen oxides, ozone, particulate matter, and sulfur oxides. 

Sections 7.2 and !O(H) of the Act (415 ILCS 517.2 and lO(H) (2012)) provide the Board 

little discretion but to adopt amendments that are identical-in-substance to the federal NAAQS. 

Section 1 O(H) states in pertinent part as follows: 

In accordance with subsection (b) of Section 7.2, the Board shall adopt ambient 

air quality standards specifying the maximum permissible short-term and longterm concentrations of various contaminants in the atmosphere; those standards 

shall be identical in substance to the national ambient air quality standards 

promulgated by the Administrator of the United States Environmental Protection 

Agency in accordance with Section 109 of the Clean Air Act. 415 ILCS 5/!0(H) 

(2012). 

Section 7.2 adds the following limitations relative to the scope of the Board's discretion: 

In the context of a mandate that the Board adopt regulations to secure federal 

authorization of a program, regulations that are "identical in substance" means State 

regulations which require the same actions with respect to protection of the 

environment, by the same group of affected persons, as would federal regulations if 

1 The Board does not usually hold public hearings on identical-in-substance rules. This hearing 

is held as required by Section 110 of the federal Clean Air Act (42 U.S.C. § 7410 (2011)), 

because this proceeding would entail a SIP revision. 
3 

USEPA administered the subject program in lllinois .... [T]he Board shall adopt 

the verbatim text of such US EPA regulations as are necessary and appropriate for 

authorization of the program. In adopting "identical in substance" regulations, the 

only changes that may be made by the Board to the federal regulations are those 

changes that are necessary for compliance with the lllinois Administrative Code, 

and technical changes that in no way change the scope or meaning of any portion of 

the regulations. 415 ILCS 5/7.2 (2012). 

For these reasons, the Board lacks the discretion to address the technical merits of any of the 

federal NAAQSs involved in this proceeding. The Board has discretion only how best to 

incorporate the NAAQSs into the Illinois ambient air quality regulations. 

Notice and Service Lists 

Pursuant to 35 lll. Adm. Code 102.422, a notice and service list will be established. 

Persons on the notice list will receive notice of all Board actions and Hearing Officer orders. 35 

Ill. Adm. Code !02.422(a). In comparison, Section 102.422(b) states in part: 

The hearing officer may establish a service list for any regulatory proceeding, in 

addition to the notice list. The hearing officer may direct participants to serve 

copies of all documents upon the persons listed on the service list. 35 lll. Adm. 

Code I 02.422(b ). 

Persons on the service list will receive notice of Board actions and Hearing Officer 

orders, as well as testimony and filings in the proceeding. The service list is reserved for persons 

who will be testifying and participating in the rulemaking. With the development of the Board's 

website (www.ipcb.state.il.us), COOL system and electronic filing, all prefiled testimony, public 

comments, and other filings will be available for viewing and downloading expeditiously. The 

only exception will be voluminous filings, which will be available on request. Furthermore, with 

the development of COOL, persons not on the service list, who wish to file a public comment 

and only a public comment, need not serve their comments on the service list in this proceeding. 

The following persons are on the service list: 

Charles Matoesian, Attorney 

Division of Legal Counsel 

Illinois Environmental Protection Agency 

I 021 North Grand Avenue, East 

P.O. Box 19276 

Springfield, Illinois 62794-9276 

Alec Davis 

Illinois Environmental Regulatory Group 

215 East Adams Street 

Springfield, lllinois 6270 I 
4 

Michael J. McCambridge, Hearing Officer 

Illinois Pollution Control Board 

100 West Randolph St., Suite 11-500 

Chicago, Illinois 6060 I 

To be placed on either the "Notice List" or the "Service List" contact the Hearing Officer 

at the address or phone number below. You may also sign up using the COOL system for "e 

notify" as well as for the notice list. "E Notify" is a system whereby an email is automatically 

sent when a filing is docketed in the COOL system. This system will notify participants of 

filings almost immediately and the documents will be available for viewing, downloading, or 

printing. 

Pre-filing of Testimony 

The Hearing Officer will allow the submission of pre-filed testimony for the hearing. In the 

discretion of the Hearing Officer, pre-filed testimony will be entered into the record as if read upon 

request of the testifying party, after that person has been sworn on the record. Pre-filed testimony 

for the hearing must be served upon all persons on the service list as of 4:30 p.m., June 12, 2013. 

Persons may receive a copy of the service list either from the COOL system through the Board's 

website (www .ipcb.state.il.us) or by contacting the Hearing Officer or the Clerk of the Board (312-

814-3629) after 9:30a.m. on June 13,2013. All testimony must be submitted to the Board and all 

persons on the service list no later than June 19, 2013. 

IT IS SO ORDERED. 

Michael J. MpCa ridge 

Hearing Offj'cer 

lllinois Poll t' n Control Board 

100 West Randolph, Suite 11-500 

Chicago, lllinois 60601 

(312) 814-6924 

michael.mccambridge@illinois.gov 

-. 
ILLINOIS POLLUTION CONTROL BOARD 

NOTICE OF HEARING 

The illinois Pollution Control Board gives notice of public hearing regarding rule 

changes proposed by the-Board on May 16, 2013: National Ambient Air Quality Standards. 

USEPA Regulations (through December 31, 2012), R 13-11. If the Board adopts the rules, the 

Illinois Environmental Protection Agency (IEP A) will submit them to the United States 

Environmental Protection Agency (USEP A) as proposed revisions to the Illinois State 

Implementation Plan (SIP) for carbon monoxide, lead nitrogen oxides, ozone, particulate matter, 

and sulfur oxides. The SIP contains Illinois' requirements to attain and maintain National 

Ambient Air Quality Standards (NAAQS) to protect public health and the environment under the 

federal Clean Air Act and state Environmental Protection Act. The update is needed to ensure 

that Illinois' regulations reflect the USEPA' s most recent NAAQS. Interested persons are 

invited to attend the hearings or to submit written comments. The Public Hearing will be held on 

Wednesday, June 26, 2013, at 11:00 am at the Sangamo Building, Room 1119N, 1021 North 

Grand Avenue, Springfield, Illinois. The hearing is subject to cancellation without notice and 

may be confirmed by calling the Office of the Clerk at 312/814-3461. A copy of the proposal for 

public comment is available for public inspection on the Board's website at 

http://www.ipcb.state.il.us/, the Clerk's Office, Pollution Control Board, Suite 11-500, James R. 

Thompson Center, 100 West Randolph Street, Chicago, Illinois and at the Chicago Public 

Library, Government Publications Department, 400 South State Street, 5th floor, Chicago, 

Illinois. Written public comments will be considered if received or postmarked by July 15,2013 

and submitted to the Clerk's Office at the address above. 

Thomas Holbrook 

Chairman 

' CERTIFICATE OF PUBLIC

STATE OF ILLINOIS } 

County of Jo Daviess, ss. 

We do hereby certify that we are the publi

a secular weekly newspaper regularly pub

Galena, County of Jo Daviess and State 

than six months prior to the first publicatio

and of general circulation in said county 

of Illinois, that the affixed /Z_;htr 'c }./

has been published for Oh.e. s

said newspaper, the first insertion being o

Mik? , 2013 , and the 

day of !Na.q , 2013 , 

$ ;') 'i'; '7.9 

Case#: _____ _ 

fl,_d~

- Busi ss 
PROOF OF PUBLICATION 

STATE OF ILLINOIS 

County of Winnebago 

City of Rockford: ss. 

GateHouse Media Illinois Holdings, Inc., a corporation organized and existing under and pursuant to the laws at the state 

of Delaware with its principle office in the City of Fairport, Monroe County, New York certifies that it is the publisher of 

The Rockford Register Star 

that such paper is secular newspaper of general circu!alion in Winnebago County, Illinois, that it is printed and published 

in the city of Rockford, Winnebago County, Illinois aforesaid, it hereby funher certifies that a notice of which the annexed 

notice is a true copy, has been legally published in said newspaper. 

_ _,(T'U'--"--='----time for __ _l_ ___ ,successive, _ _,,k""'")3-----

Thatthe first publication was on the 1'8~ day ot-.::Cf'\--"•"'-.:;'?.\o}-----20 I~ the last publication was on the ~'iSM-. day of Me..:::) 20 """'13 

it further certifies that said newspaper has been regularly published for one year prior to the first publication of said notice. 

In WITNESS WHEREOF the said GateHouse Media Illinois Holdings, Inc, published aforesaid, has hereunto caused its 

corporate name to be hereunto signed on this~day of /Y'a1..J A.D. 20J.3._ by its duly authorized agent pursuant 

to a resolution adopted by the Board of Directors of GateHouse Mbdia Illinois Holdings, Inc. 

RESOLVED, that a certificate of publication of legal notices may be 

signed on behalf of this corporation and its corporate name with or 

without its corporate seal by any or either of the following officers or 

agents: 

President, Secretary, Asst. Secretary. Comptroller, or Cashier or 

designees of any of them. 

GATEHOUSE MEDIA ILLINOIS HOLDINGS, INC 

PrinlersFee$ Cl3!o.OO Paid _____ 20_0 
CERTIFICATE OF PUBLICATION 

STATE OF ILLINOIS 

COUNTY OF ST. CLAIR ) ss. 

This is to certify that the undersigned 

Jay Tebbe is the president and 

publisher of the NEWS-DEMOCRAT 

a public and English secular 

newspaper of general circulation, 

which has been regularly published 

daily in the City of Belleville, County 

of St. Clair and State of Illinois, for at 

least one year prior to the first 

publication of the notice hereinafter 

mentioned, and that a notice of which 

the annexed is a true printed copy, has 

been published in said newspaper 

ONCE, the publication thereof 

having been made in the issue of said 

newspaper, published on May 18, 

2013. 

JAY TEBBE 

Ba;t~jfj His Authorized Agent 

Publisher's fee: $164.61 

ACCOUNT 10: 7335600 

AD NUMBER: L-P1208411 
Certificate ofPublication in THE STATE JOURNAL-REGISTER by GateHouse Media IIJinois Holdings, Inc. 

STATE OF ILLINOIS 

COUNTY OF SAN GAM ON ss 

GATEHOUSE MEDIA ILLINOIS HOLDINGS, INC., DOES HEREBY CERTIFY: 

That it is a corporation duly organized and existing under the laws of the State of Illinois; 

That it is the publisher of 71te State Journal-Register, a secular daily newspaper printed and published in the City of 

Springfield, in Sangamon County, IIJinois, and of general circulation in said City, County and State; and that it is a 

newspaper as defined in 11An Act to revise the law in relation to notices 11 ·Illinois Compiled Statutes, Chapter 715 Sections 1 

and5. 

That a notice of which the annexed is a true copy has been regularly published in said newspaper one time each day; 

that the first publication of said notice was on the eighteenth day of May, 2013, and the last publication thereof was on the 

eighteenth day of May, 2013, 

That the face of type in which each publication of said notice was printed was the same as the body of type used in the 

classified advertising in the newspaper in which said publication was made; 

That said The Stare Journal-Register has been regularly published in said City, County and State for at least one year Prior to 

publication of said notice. 

In WITNESS WHEREOF, said GateHouse Media Illinois Holdings, Inc., publisher as aforesaid, has executed this 

Certificate of Publication by its Officer or Agent thereunto duly authorized this eighteentlt day of May, 2013. 

GATEHOUSE MEDIA ILLINOIS HOLDINGS, INC. 

By 

ITS VICE PRESIDENT 

PrintersFee $179.39 

No. 13-1064 
Ad #: 435527 4 Certificate of Publication 

STATE OF ILLINOIS, 

55 

County of Peoria. 

The Peoria Journal Star, Inc. (which is incorporated and doing business under and by virtue of the Laws 

of the State of Illinois) HEREBY CERTIFIES that it is the printer and publisher of the Journal Star, which 

is a public secular newspaper of general circulation printed and published daily in the City of Peoria, 

County of Peoria and State of Illinois, and that said newspaper has been regularly published in said City 

for at least one (1) year prior to the first publication of the notice hereto attached. 

Said Corporation further certifies that the said notice entitled: "The Illinois Pollution Control Board 

gives notice of public" hereto attached has been published 1 time(s) in the Peoria Journal Star, on the 

following respective dates: 

The 17th day of May A.D., 2013 in class 0182 

IN WITNESS WHEREOF, the said Corporation has caused this Certificate to be signed in its name on its 

behalf by Pamela Heger this 17th day of May A.D., 2013. 

The Peoria Journal Star, Inc. 

By: ".)._ .. ._ .. ·,; : -~ .. 

'"~.'::!:i\;:!?:W~~"~~":':.~M 
Dispatch ·Argus~ 

PLEASE RETURN THIS PORTION WITH YOUR PAYMENT 

TO ENSURE PROPER CREDIT, PLEASE WRITE YOUR ACCOUNT NUMBER ON YOUR CHECK. 

ACCOUNT# 

AD# 

AMOUNT 

121405 

852070 

$74.00 

ILLINOIS POLLUTION CONTROL BOA 

Don Brown 

ATTN: DON BROWN 

100 W RANDOLPH ST STE 11-500 

CHICAGO, IL 60601 

CHECK!!# ___ _ Please check option that appfles: 

:·----~ PAYMENT ENCLOSED Please make checks 

payable to Moline Dispatch Publishing Co. LLC. 1720 

5th Avenue Moline, IL 61265-7997 

BILL MY CREDIT CARD 

· _I Mastercard · ·;Visa . Discover · Amex 

Credit Card Number __________ _ 

Expiration Date-,-------------

Authorized Signature 

Dispatch· Argus~ 

ACCOUNT# 

AD# 

AMOUNT 

121405 

852070 

$74.00 

BILLING INFORMATION 

AD START DATE 5/19/2013 

INSERTIONS 1 

AD STOP DATE 5/19/2013 

CLASSIFICATION 2227 

INCHES 74.000 

DUE UPON RECEIPT DESCRIPTION 36-327987 4 Air Quality S 

Thank you for giving us the opportunity to serve you! If you have any questions regarding this invoice, 

please contact us at 309-757-4901. We are open Monday - Friday 8:00 a.m. - 5:30 p.m. 

Billing Address -1720 5th Avenue, Moline, IL 61265-7997 

RETAIN THIS PORTION FOR YOUR RECORDS 

CERTIFICATE OF PUBLICATION 

The undersigned, the MOLINE DISPATCH PUBLISHING COMPANY LL.C., hereby certifies that it is a Limited Liability Company, existing and doing 

business under the laws of the State of Delaware, licensed to do business in the State of Illinois, and states that it is publisher of THE DISPATCH and 

THE ROCK ISLAND ARGUS daily, public, secular newspapers of general circulation printed and published daily in the City of Moline, County of Rock 

Island, State of Illinois, and further certifies that a notice whereof the annexed printed notice, a true copy, was printed and published in said newspapers, 

1 time(s): that said notice was so printed and published in said newspaper 1 time(s) in each week for 0 successive week(s), the date of the first said 

newspaper containing said notice being the 19th day of MAY A.D. 2013 and the last said newspaper containing said notice being the 19th day of 

MAY A.D. 2013 

Publication Fees $74.00 · ) 

STATE OF ILLINOIS 

ROCK ISLAND COUNTY } SS. 

MolineYIIIinois 

J. Scott Aswege being first duly sworn on his oath, says that he is the Business Manager of the MOLINE DISPATCH PUBLISHING COMPANY L.L.C. and 

the facts set forth in the certificate of publication are true and that the annexed notice was published as therein specified, and that said THE 

- -~-~--~~ 

. ~~~~&Q}~l/~ 

' Notary Public 
POLLUTION CONTROL BOARD, ILLINOIS 

R13-11hn chi sun times 

ADORDERNUMBER: 0000567397-01 

PO NUMBER: R13-11hn chi sun times 

AMOUNT: $1.273.00 

NO OF AFFIDAVITS: 1 

ILL!t401S POLLUTION 

CONTROL BOARD 

NOTICE OF PUBLIC HEARNG The IUinoi: PoRution Control 

Board ewe~ notbe of public 

henring -rll9.ltding rule char~es 

~~~~5i~: b~~i~~Z\ard Ao;;bie~ Air Ou:~llty St:mtbrds, US EPA 

Regubtions \through Dec..m- bcr 31, 2012, R\3·11. !f the S,:,rud odo~t::. the wie~, the Jti. 

noi~ Environ-nen!J.! Protection J\;jeM:y (IEPA) wil ~ut:v'nil them 

to the Unfted Sb.1e:: Environmelllol Protection Agency 

(USEPAJ ;:~.::; propo:;ed revrcion::. to the llnob St;:~le lmolemenla· bon Plan (SIP) lor carbon mono~ide, le:Jd nitrogen cxide~. 

ozone, p;,.rticubte mall!:!, o.nd suKur oxid~. The SIP conb.in::. 

!! ino~ requi•em.mt:;; to attain 

;md m;~mtaan N:lltOr.:~l Ambient Air 0u;JI~y St:~ndords (NAAOS) 

to protect pubtie he:~llh and the ~rtv.rol'llllent und~r the federal Clean Air Act ;md ~tale Env,ronmerdal Prcteetion Act The U::>· 

date is needed to ent.ute that 11- IJlo!S' reg.r!.ltion~ reile<:t the 

USEPA.'~ most recent NAAOS Interested pe~on:; :;>re i''lViled to 

<!\\end the hC.lring:; or 1o :abmit wr~t .. n comment!:. The Public 

He:uing will btl he:d on Wednet~­

my. Jine 26. 2013, a\11:00 nm 

nt tne Sanq.:amo Bu~ding, Room 1119R 1021 North Gr:~rd Avenue, Springfield, IUiloil:;. The henring it; ~ubjecl 1o c:mceiLlhon wrtt'.out notice .md m.l)' be coriitmed by cn.ling the Olli~e 

oltheCierknt31218t4-3461, A 

:~n:nt h~ ~~~ab~ ~~ ~~~ inspection on the Bo<lld"t. website :J.t http:tlwww.ipcb.$\;:rrtc.il. us.~ .lrrd ;;~t I he Clerks omce. IPCB. &.rite 11-:500, Themp:;on 

Center, 100 We:;t AJ.ndO:ph St.. 

Chl:;;~;~o. IL 60501. The IEPA 

pro;x~~ i::; n.l9o av;;~i<Jhle lor 

~~~ ;~:;E~~io~ ::~t ~; .. ~~~"~ Publ~.ont: 3ep:ntmenl., 400 

Sot."lh St:>.te Stree~ 5th iloor. Chi=go. llliro~ w.ru~n pul:lic comments w:l be ~;onsidered by 

t,e SoDJd i' subm•Ued to the Clerk's O!fice (n.J !he <:~ddre!:.t. 

above or electroniC-lily 1hrough 

"COOL" on the Bo:ud s we ~!tile 

and re:.erved cr U.S. Mail- pot.lm;;~rked by July t!l, 2013. Thom.:ts Holbrook Ch;~.irman:PUB: 5.~13 567397 

POLLUTION CONTROL BOARD, ILLINOIS 

100 W RANDOLPH ST 11-500 

DON BROWN 

CHICAGO, IL 60601-3218 

Sun Times Media 

Chicago Sun-Times 

Certificate of Publication 

State of Illinois -County of Cook 

Chicago Sun-Times, does hereby certify it has published the attached advertisments in 

the following secular newspapers. All newspapers meet Illinois Compiled Statue 

requirements for publication of Notices per Chapter 715 ILCS 510.01 et seq. R.S. 1874, 

P728 Sec 1, EFF. July 1, 1874. Amended by Laws 1959, P1494, EFF. July 17, 1959. 

Fonnerly Ill. Rev. Stat. 1991, CH100, Pl. 

Note: Notice appeared in the following checked positions. 

PUBLICATION DATE(S): 05/20/2013 

Chicago Sun-Times 

IN WITNESS WHEREOF, the undersigned, being duly authorized, has caused 

this Certificate to be signed and notarized 

By 

David Fontechia 

Account Manager- Public Legal Notices 

Subscribed and sworn to before me !his 2oth Day of May 2013 A.D. 
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CERTIFICATE OF PUBLICATION 

MT. VERNON REGISTER-NEWS 

STATE OF ILLINOIS 

JEfFERSON COUNTY 

l 

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I, Robert Dennis, do hereby certify that I am Publisher of the Mt. Vernon Register-news, and that 

said Mt. Vernon Register-News is an incorporated company, having its principal office in the City of Mt. 

Vernon, and County of Jefferson aforesaid. 

I further certify that Community Newspaper Holdings Inc. is the owner and publisher of the Mt. 

Vernon Register-News. 

I fUJther certify that the said Mt. Vernon Register-News is a secular newspaper of general 

circulation. which is now and for more than twelve months prior to the first publication here certified to 

has been printed and published regularly in the City, County and State foresaid. 

I further certify that said newspaper has been printed and published as aforesaid as a Daily paper, 

and that as such Daily it has been regularly issued during such time on each secular day of each week. 

I further certify that as Publisher as aforesaid I have been and am authorized and directed by the 

Board of Directors of the said Mt. Vernon Register-News to sign and execute certificates of publication 

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I further certify that a notice of which a true copy is herein attached, has been published One (I) 

time in said Daily edition of said newspaper, following day publication thereof having been made 

MAY 21 2013 

Given under my hand this 21 51 day of MAY 2013. A.D. 

Printer's Fee: $102.75 

Document: 

NOTICE OF PUBLIC HEARING 

NA T!ONAL AMBIENT AIR 

QUALITY STANDARDS, USEPA 

REGULA T!ONS, R I 3-I I 

Notice Size: Ix!5.14 

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( 
!EPA ATTACHMENT NO. s 

OFFICE OF THE SECRETARY OF STATE 

JESSE WHITE • Secretary of State 

May24, 2013 

POLLUTION CONTROL BOARD 

JOl-IN THERRIAULT ASSISTANT CLERK 

100 WRANDOLPH ST, STE 11-500 

CHICAGO, IL 60601 

Dear JOHN THERRIAULT ASSISTANT CLERK 

iil\lECEIVED 

CLERK'S OFFICE 

MAY e 9 2013 

STATE OF ILLINOIS 

f'lollution Control Board 

Your rules Listed below met our codification standards and have been published in Volume 37, 

Issue 22 of the Illinois Register, dated 5/3112013. 

ADOPTED RULES 

Water Quality Standards 

35 Ill. Adm. Code 302 

Point of Contact: Nancy Miller 

Tiered Approach to Corrective Action Objectives 

35 Ill. Adm. Code 742 

Point of Contact: Nancy Miller 

7493 

7506 

OTHER INFORMATION REQUIRED BY LAW TO BE PUBLISHED IN THE ILLINOIS REGISTER 

Notice of Public Infonnation On Proposed Amendment 

Point of Contact: Mike McCambridge 7687 

PROPOSED RULES 

Air Quality Standards 

35 Ill. Adm. Code 243 7316 

Point of Contact: Mike McCambridge 

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

(217) 782- 7017. 

Index Department- Administrative Code Division- 111 East Monroe Springfield, IL 62756 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENTS 

1) Heading of the Part: Air Quality Standards 

2) Code citation: 35 Ill. Adm. Code 243 

3) Section numbers: Pronosed action: 

243.101 Amend 

243.102 Amend 

243.103 Amend 

243.104 Repeal 

243.105 New Section 

243.106 Repeal 

243.107 Amend 

243.108 Amend 

243.120 Amend 

243.122 Amend 

243.123 Amend 

243.124 Amend 

243.125 Amend 

243.126 Amend 

243 .Appendix A Repeal 

243.Appendix B Repeal 

243.Appendix C Repeal 

243.TableA New Section 

c 

~ecraaveo CLERK'S OFFICE 

MtW 2 !i 2013 

S1'/\TE OF ILLINOIS 

l"ollutJon Control Board 

4) Statutorvauthority: 415 ILCS 5/7.2, 10, and27. 

5) A Comnlete descrintion of the subjects and issues involved: The following briefly 

describes the subjects and issues involved in this rulemaking. A comprehensive 

description is contained in the Board's opinion and order of May 16,2013, proposing 

amendments in Rl3-ll for public comment, which opinion and order is available from 

the address below. As is explained in that opinion, the Board will receive public 

comment on the proposed amendments for 45 days from the date they appear in the 

!1linois Register before proceeding to adopt amendments based on this proposal. 

The Rl3-ll proceeding relates to the National Ambient Air Quality Standards (NAAQS) 

in 35 Ill. Adm. Code 243 of the Illinois air pollution control rules. These amendments 

would update the Illinois ambient air quality regulations to include all current federal 

NAAQS as adopted and amended by the United States Environmental Protection Agency 

(USEPA) through December 31,2012. USEPA has codified the NAAQS in 40 C.P.R. 

RECEIVED 

MAY 2 0 2013 

SOS-CODE DIV. 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENTS 

50. As such, this proceeding embraces USEP A actions that span the period from April 

30, 1971 through December 31,2012. 

Tables appear in the Board's opinion and order of May 16,2013 in Rl3-11that list 

numerous corrections and amendments that are not based on current federal amendments. 

The tables contain deviations from the literal text of the federal amendments underlying 

these amendments, as well as corrections and clarifications that the Board made in the 

base text involved. Persons interested in the details of those corrections and amendments 

should refer to the May 16, 2013 opinion and order in R13-11. 

Section !O(H) of the Environmental Protection Act [415 ILCS 5/10(H)] provides that 

Section 5-35 of the Administrative Procedure Act [5 ILCS 100/5-35] does not apply to 

this rulemaking. Because this rulemaking is not subject to Section 5-35 of the APA, it is 

not subject to First Notice or to Second Notice review by the Joint Committee on 

Administrative Rules (JCAR). 

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

rulemaking: None 

7) Will these proposed amendments replace emergency amendments currently in effect? 

No. 

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

9) Do these proposed amendments contain incoroorations by reference? Yes. The 

amendments incorporate a number of federal regulations pertaining to monitoring for the 

criteria pollutants of interest. The amendments further incorporate a US EPA document 

that lists all methods that USEP A has designated for use in the required monitoring. 

1 0) Statement of statewide policy objectives: These proposed amendments do not create or 

enlarge a state mandate, as defined in Section 3(b) of the State Mandates Act. [30 ILCS 

805/3(b) (2012)]. 

11) Are there any other amendments pending on this Part? No. 

12) Time, Place and manner in which interested persons mav comment on this proposed 

rulemaking: The Board will accept written public comment on this proposal for a period 

of 45 days after the date of this publication. Comments should reference Rl3-11 and be 

addressed to: 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENTS 

John T. Therriault, Assistant Clerk 

illinois Pollution Control Board 

State of illinois Center, Suite 11-500 

100 W. Randolph St. 

Chicago, IL 60601 

The Board will conduct one public hearing on the proposed amendments because they 

will ultimately result in submission to the United States Environmental Protection 

Agency of an amendment to the state implementation plan (SIP). Section 11 O(a)(2) of 

the Federal Clean Air Act (42 U.S. C.§ 7410(a)(2) (2011)) requires reasonable notice and 

hearing before a state undertakes an amendment to the SIP. The public hearing will 

occur at the following time and location: 

11:00 a.m., June 26,2013 

Sangarno Building, Roomlll9N 

Illinois Pollution Control Board Hearing Room 

1 021 North Grand A venue 

Springfield, Illinois 

Please direct inquiries to the following person and reference Rl3-11: 

Michael J. McCambridge 

Staff Attorney 

Illinois Pollution Control Board 

100 W. Randolph 11-500 

Chicago, IL 60601 

Phone: 312-814-6924 

E-mail: michael.mccambridge@ipcb.state.il.us 

Request copies of the Board's opinion and order at 312-814-3620, or download a copy 

from the Board's Website at http:\\www.ipcb.state.il.us. 

13) Initial regulatory flexibility analysis: 

A) Types of small businesses, small municipalities. and not-for-profit coroorations 

affected: This rulernaking may affect those small businesses, small 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENTS 

municipalities, and not-for-profit corporations that emit pollutants that could 

potentially affect ambient air quality in any area of Illinois. These proposed 

amendments do not create or enlarge a state mandate, as defined in Section 3(b) 

of the State Mandates Act. [30 ILCS 805/3(b) (2012)]. 

B) Reporting, bookkeeping or other procedures required for compliance: The 

existing rules and proposed amendments require extensive reporting, bookkeeping 

and other procedures, including emissions monitoring, annual reports, and 

maintenance of operating records. These proposed amendments do not create or 

enlarge a state mandate, as defined in Section 3(b) of the State Mandates Act. [30 

ILCS 805/3(b) (2012)]. 

C) Tvnes of professional skills necessarv for compliance: Compliance with the 

existing rules and proposed amendments may require the services of an attorney, 

certified public accountant, chemist, and registered professional engineer. These 

proposed amendments do not create or enlarge a state mandate, as defmed in 

Section 3(b) of the State Mandates Act. [30 ILCS 805/3(b) (2012)]. 

14) Regulatory agenda on which this rulemaking was summarized: 36 Ill. Reg. 17947,71, 

Dec. 21, 2012. 

The Full Text of the Proposed Amendments Begins on the Next Page: 
Section 

243.101 

243.102 

243.103 

243.104 

243.105 

243.106 

243.107 

243.108 

Section 

243.120 

243.121 

243.122 

243.123 

243.124 

243.125 

243.126 

ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENTS 

TITLE 35: ENVIRONMENTAL PROTECTION 

SUBTITLE B: AIR POLLUTION 

CHAPTER I: POLLUTION CONTROL BOARD 

SUBCHAPTER 1: AIR QUALITY STANDARDS AND EPISODES 

PART243 

AIR QUALITY STANDARDS 

SUBPART A: GENERAL PROVISIONS 

Definitions 

PreamllleScope 

Applicability 

Nondegradation (Repealed) 

Air Qualitv Monitoring Data Influenced by Exceptional Events 

Monitoring (Repealed) 

Reference Conditions 

Incorporations by Reference 

SUBPART B: STANDARDS AND MEASUREMENT METHODS 

PM10 and PMz.s 

Particulates (Repealed) 

Sulfur Oxides (Sulfur Dioxide) 

Carbon Monoxide 

Nitrogen Oxides (Nitrogen Dioxide as Indicator) 

8 Heur Ozone 

Lead 

AppenEliK 243.APPENDIX A Rule into Section Table (Repealed) 

AppenElix 243.APPENDIX B Section into Rule Table (Repealed) 

AppenElix 243.APPENDIX C Past Compliance Dates (Repealed) 

243.TABLE A Schedule of Exceptional Event Flagging and Documentation Submission 

for New or Revised NAAOS 

AUTHORITY: Implementing £eetien Sections 7.2 and 10 and authorized by Section 27 of the 

Environmental Protection Act (Ill. Rev. Stat. :991, eL E 1 112, flars. J()l(l anEllG27) [ 415 ILCS 

5/7.2. 10. and 27]. 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENTS 

SOURCE: Adopted as Chapter 2: Air Pollution, Part III: Air Quality Standards, in R71-23,-4 

PCB 191, filed and effective Aprill4, 1972; amended in R80-11, 46 PCB 125, at 6 Ill. Reg. 

5804, effective April22, 1982; amended in R82-12, at 7 Ill. Reg. 9906, effective August 18, 

1983; codified at 7 Ill. Reg. 13630; amended in R91-35 at 16 IlL Reg. 8185, effective May 15, 

1992; amended in R09-19 at 35 Ill. Reg. 18857, effective October 25, 2011; amended in Rl3-11 

at 37 Ill. Reg. , effective ________ _ 

SUBPART A: GENERAL PROVISIONS 

Section 243.101 Definitions 

a) Exee13t as stated ill thls Part aad llflless a diffureat meaaillg efa tefffi is clear lfem 

its COllteJ(t, the definitions eftefffis used ill this Part shall be the same as these 

used in the EnvirelllBcatal Preteetiell Aet [415 ILCS 5] (Aet). 

b) All tefffis tfiat fr!'l!'lCar ill tfiis Part have the de!initiells 5!3eei!ied by 35 IlL AElm. 

Cede 201 er 211. 

For the purposes of this Part, terms listed below will have the meanings attributed to them in this 

Section. As used in this Part, all tenns not defined in this Section will have the meaning given 

them by the Act: the CAA, incorporated by reference in Section 243.108: or 35 IlL Adm. Code 

201.10?. 

"Act" means the Environmental Protection Act [ 415 ILCS 51. 

"Agency" means the Illinois Environmental Protection Agency. 

"Ambient air" means that portion of the atmosphere, external to buildings, to 

which the general public has access. 

"Clean Air Act" or "CAA'' means the federal Clean Air Act 42 USC 7401 et. seq, 

as amended. incorporated by reference in Section 243.108. 

"Exceedance of a NAAOS" means one occurrence of a measured or modeled 

concentration that exceeds the specified concentration level of such standard for 

the averaging period specified by the standard. 

"Exceptional event" means an event that fulfills all of the following criteria: 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENTS 

The event affects air quality; 

The event is not reasonably controllable or preventable; 

The event is an event caused by human activity that is unlikely to recur at 

a particular location or a natural event; and 

The event is determined by USEP A in accordance with 40 CFR 50.14 to 

be an exceptional event. 

An "exceptional event" does not include any of the following: 

Stagnation of air masses or meteorological inversions; 

A meteorological event involving high temperatures or lack of 

precipitation; or 

Air pollution relating to source noncompliance. 

"Federal equivalent method" or "FEM" means a method for measuring the 

concentration of an air pollutant in the ambient air that USEP A has designated as 

an equivalent method pursuant to 40 CFR 53 and which is included in List of 

Designated Methods, including later updates, as incomorated bv reference in 

Section 243.108; the term "federal equivalent method" does not include a method 

for which USEP A has cancelled or superseded an equivalent method designation 

in accordance with 40 CFR 53.11 or 53 .16, as reflected in the incorporation by 

reference in Section 243.108. 

BOARD NOTE: Derived from 40 CFR 50.l(f) (definition of"equivalent 

method"), 50.11 (d)(2) (parenthetical defmition of "FEM"), and 53.1 (definition of 

"federal equivalent method"). The clause "including later updates" in this 

definition is intended to exclude methods canceled by USEP A pursuant to 40 

CFR 53.11 or 53.16 for which the cancellation is included in the updates to List of 

Designated Methods incorporated by reference in Section 243.108. A federal 

designation of an FEM becomes effective upon publication of a notice in the 

Federal Register. A federal cancellation of an FEM becomes effective upon 

deletion from the listing ofFEMs or from an appendix to 40 CFR 50. 

"Federal reference method" or "FRM" means a method of sampling and 

analvzing the ambient air for an air pollutant that USEP A has specified as a 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENTS 

reference method in an appendix to 40 CFR 50. incomorated by reference in 

Section 243.108. or a method that USEP A has designated as a reference method 

pursuant to 40 CFR 53 and which is included in List of Designated Methods. 

including later updates. incorporated by reference in Section 243.1 08; the term 

"federal reference method" does not include a method for which USEPA has 

cancelled or superseded a reference method designation in accordance with 40 

CFR 53.11 or 53.16. as reflected in the incorporation by reference in Section 

243.108. 

BOARD NOTE: Derived from 40 CFR 50.1(f) (definition of"reference method") 

and 53.1 (definition of"federal reference method"). The clause "including later 

updates" in this definition is intended to include methods canceled bv US EPA 

pursuant to 40 CFR 53.11 or 53.16 for which the cancellation is included in the 

updates to List of Designated Methods incorporated by reference in Section 

243.108. A federal designation of an FRM becomes effective upon publication of 

a notice in the Federal Register. A federal cancellation of an FRM becomes 

effective upon deletion from the listing ofFRMs or from an appendix to 40 CFR 

50. 

"Micrograms per cubic meter" or "l!g/m3

" means one millionth (10'6

) of a gram of 

a contaminant per cubic meter of ambient air. as measured and determined by the 

methods prescribed for that contaminant. 

BOARD NOTE: The Board added this definition and that for "milligrams per 

liter" (immediately below). 

"Milligrams per cubic meter" or "mg/m3

" means one thousandth (1 0'3

) of a gram 

of a contaminant per cubic meter of ambient air. as measured and determined by 

the methods prescribed for that contaminant. 

"National Ambient Air Oualitv Standard" or "NAAOS" means a standard 

established by USEPA that applies for outdoor air throughout the United States. 

BOARD NOTE: The Board added this definition, derived from the definition in 

"Terms of Environment: Glossary, Abbreviations. and Acronvms" (December 

1997), EPA 175-B-97-001, at p. 30. USEP A has codified the NAAOS at 40 CFR 

50. 

BOARD NOTE: The Board added this definition based on the definition in 

"Terms of Environment: Glossary. Abbreviations, and Acronyms" (December 

1997), document number EPA 175-B-97-001, US EPA. Office of 

Communications, Education, and Public Affairs, at p. 30. 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENTS 

"Natural event" means an event in which human activity plays little or no direct 

causal role. 

"Parts per billion" or "ppb" means the ratio of the parts of a specified contaminant 

to a billion parts of air by weight (I: 1 o-9

), as measured and determined by the 

methods prescribed for that contaminant. 

BOARD NOTE: The Board added this definition and that for "parts per million" 

(immediately below). derived from the parentheticals in 40 CPR 50.4(a) and (bl 

and 50.17Cal and the definition of"parts per billion (ppb)/parts per million (ppm)" 

in "Terms of Environment: Glossary, Abbreviations. and Acronvms" (December 

1997), EPA 175 B-97-001. at p. 34. 

"Parts per million" or "ppm" means the ratio of the parts of a specified 

contaminant to a million parts of air bv weight (1: 1 o-6

), as measured and 

determined by the methods prescribed for that contaminant. 

BOARD NOTE: The Board added this definition and that for "parts per million" 

(immediately below), derived from the parentheticals in 40 CFR 50.4(a) and (bl 

and 50.17(a) and the definition of"parts per billion (ppbl/parts per million (ppm)" 

in "TenllS ofEnvirom11ent: Glossary, Abbreviations. and Acronyms" (December 

1997). EPA 175-B-97-001. at p. 34. 

"PM10" means particulate matter that has an aerodynamic diameter less than or 

equal to a nominal I 0 micrometers (!lml. 

BOARD NOTE: The Board added this definition. derived from the parenthetical 

definition in 40 CFR 50.6(c). 

"PMo.s" means particulate matter that has an aerodynamic diameter less than or 

equal to a nominal 2.5 micrometers (!1m). 

BOARD NOTE: The Board added this definition, derived from the parenthetical 

definition in 40 CFR 50. 7(a). 

"Traceable" means that a local standard has been compared and certified either 

directly or via not more than one intermediate standard. to a primary standard. 

such as aN ational Bureau of Standards Standard Reference Material CNBS SRM), 

or a USEPA/NBS-approved Certified Reference Material CCRM). 

"USEP A" means the United States Environmental Protection Agency. 

BOARD NOTE: Derived from 40 CFR 50.l(c). The Board has used "US EPA" 

in segments of text where USEPA has used "Administrator." where action by 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENTS 

USEP A is clearly contemplated. Otherwise. the Board has retained the term 

"Agency" as defined in this Section. 

BOARD NOTE: Derived from 40 C.F.R. 50.1 (2012). except as otherwise more specifically 

indicated. 

(Source: Amended at 37 Ill. Reg. ___ , effective-----------' 

Section 243.102 Preamble Scope 

a) Air quality standanls are limits on atmoSJ3herie eoneentrat-ions of air eantaminants 

establishes far fue pufjlase afprateeting publie healfu and v:elfare. The l&fels af 

air quality designated lly the standards are designed ta prateet agaiast injury ta 

human, plant ar animal life and fuey are furfuer intended ta allow maJdmum 

enjayment aflife and property consistent 'Nifu the inteat offue Aet. 

a) This Part sets forth the NAAOS adopted by USEPA under section 109 of the 

CAA ( 42 USC 7409) and incorporated into this Part pursuant to 415 ILCS 5/7.2 

and lOCH). 

ll) The first use of our air resources is to sustain life. Air antering fue respiraterf 

tract must not meaaee health. Therefere, the air quality standards set must, as a 

minimum, J3rovide air v;hlch will not adversely affeet, thraugh acute ar ehronie 

symptoms, fue-health af the community. Adverse health effaets inelucle not anly 

th.e passillle produetiaa and aggravatian of disease, !Jut alsa interference with 

llodily funetians. The standards hfr'l•e also takea inta account soiling, eorrosian, 

vegetatian damage and other human effeets. 

b) National primary ambient air quality standards (primary NAAOS) define levels of 

air quality that USEPA has judged are necessary. with an adequate margin of 

safety. to protect the public health. National secondary ambient air quality 

standards (secondary NAAQS) define levels of air quality that USEP A has judged 

necessary to protect the public welfare from any known or anticipated adverse 

effects of a pollutant. Such standards are subject to revision. and additional 

primary and secondary NAAOS may be promulgated as USEP A deems necessary 

to protect the public health and welfare. 

~ Primary ara-hient air quality standards define levels of air qt~ality whleh are 

necessary, with an adequate margin of safety, ta J3roteet the ]3ublie health. 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENTS 

Seeoaeary ameieat air quality stafleares Elefiae levels of air quality ·.vhieh are 

aeeessary to protect the public welfare from aay kao'Nn or aflticipatee ad-verse 

effects of a pollutant. 

c) The promulgation of primary and secondary NAAOS must not be considered in 

any manner to allow significant deterioration of existing air quality in any portion 

of this State. 

d) The staadards are more than goals. They are legally enferceaale limitations, ana 

aay person causiag er contributing to a vielatiea of the standards is sulljeet to 

eaforeemeat proceedings under the Aet. The standards have also eeea desigaed 

fer use as a 1Jasis fer the de••elopment of implementatioa plaas B)' State aad loeal 

ageacies fer the aaatemeat aad control ofpollatant emissioas from eKistiag 

soarces, and fer the determiaatioa of air eontaraiaaat emissioalimitations to 

inS\ire that popalatioa aad economic gro·.vth treaes eo not add to the region's air 

pollatiea problems. 

BOARD NOTE: Derived from 40 CFR 50.2 (2012). 

(Source: Amended at 37 Ill. Reg. ____ ., effective--------~ 

Section 243.103 Applicability 

The standards in this Part are applieaale !!PI1!Y..throughout the State of Illinois, except as 

otherwise provided in this Part. 

(Source: Amended at 37 III. Reg. ____ , effective _________ .../ 

Section 243.104 Nondegradation (Repealed) 

Bltistiag araaieat air quality that is !Jetter than the esta1Jlished araaieat air qaality staadards at the 

date of their adoptioa •.viii he maiataiaed in its present high qt~ality. 811eh ameieat air quality 

shall aot he lovrered ooless aad antil it is proved to the Illinois Baviro!Jffieatal Protection Ageaey 

(AgenCJ~ that the change is justifioole as a result of necessary economic aad social developmen-t 

and wil1 aot in-terfere witfi or 1Jecof!le injurious to EHman fieallfl or wel.fare. 

(Source: Repealed at 37 Ill. Reg. ___ , effective _________ _/ 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENTS 

Section 243.105 Air Quality Monitoring Data Influenced by Exceptional Events 

a) Requirements. 

1) The Agency may request USEP A to exclude from use in determinations 

data showing an exceedance of an NAAQS that is directly due to an 

exceptional event. The Agency must demonstrate to USEP A that such 

event caused a specific air pollution concentration at a particular air 

quality monitoring location. 

2) A demonstration to justify data exclusion may include any reliable and 

accurate data, but must demonstrate a clear causal relationship between 

the measured exceedance of an NAAOS and the event in accordance with 

paragraph (c)(3)(D) of this section. 

b) Determinations by USEPA. USEP A has stated the criteria for making a 

determination to exclude data as follow: 

1) Exceptional events. USEPA has stated that it will exclude data from use 

in determinations of exceedance of an NAAOS where the Agency has 

demonstrated that an exceptional event caused a specific air pollution 

concentration in excess of one or more NAAQS at a particular air qualitv 

monitoring location, and the Agency otherwise satisfies the requirements 

of 40 CFR 50.14. 

2) Fireworks displays. US EPA has stated that it will exclude data from use 

in determinations of exceedance of an NAAQS where the Agency has 

demonstrated that emissions from fireworks displays caused a specific air 

pollution concentration in excess of one or more NAAQS at a particular 

air qualitv monitoring location, and the state otherwise satisfies the 

requirements of 40 CFR 50.14. USEP A has stated that such data will be 

treated in the same manner as exceptional events under this rule, provided 

the Agency has demonstrated that such use of fireworks is significantly 

integral to traditional national. ethnic, or other cultural events, including, 

but not limited to July Fourth celebrations, which satisfy the requirements 

of40 CPR 50.14. 

3) Prescribed fires. USEP A has stated that it will exclude data from use in 

determinations of exceedance of an NAAOS where the Agency has 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENTS 

demonstrated that emissions from prescribed fires caused a specific air 

pollution concentration in excess of one or more NAAOS at a particular 

air quality monitoring location. and the Agency otherwise satisfies the 

requirements of 40 CFR 50. 14, provided that such emissions are from 

prescribed fires that USEP A determines meets the definition of 

"exceptional event" in Section 243.101, and provided that the Agency has 

certified to USEP A that the State has adopted and is implementing a 

Smoke Management Program CSMPl or the state has ensured that the 

burner employed basic smoke management practices. If an exceptional 

event occurs using the basic smoke management practices approach, the 

Agency must undertake a review of the State's approach to ensure public 

health is being protected and must include consideration of development 

of a SMP. 

BOARD NOTE: In each of corresponding 40 CFR 50.14(b)(]), Cblf2) and (b)(3), 

USEP A stated "EPA shall exclude data from use in determinations of 

exceedances and NAAOS violations." In the first person, "shall" is used more to 

express present intent or to commit to future action. The Board has changed 

"EPA shall" to "USEPA has stated that it will." Further. the Board has relied on 

the defined term "exceedance of an NAAOS." 

c) Schedules and Procedures. 

I) Public notification. The Agency or. where the Agency has delegated 

authority pursuant to Section 4(g).or (r) of the Act [415 ILCS 5/4(g) or 

(r)J. the Agency's delegatee, must notify the public promptly whenever an 

event occurs or is reasonably anticipated to occur which may result in the 

exceedance of an NAAOS. 

2) Flagging of data. 

A) The Agency must notify US EPA of the State's intent to exclude 

one or more measured exceedance of an NAAOS as being due to 

an exceptional event by placing a flag in the appropriate field for 

the data record of concern that has been submitted to the federal air 

quality system (AOS) database. 

B) Flags placed on data in accordance with this Section must be 

deemed informational only. and the data must not be excluded 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENTS 

from determinations with respect to an exceedance of an NAAOS 

unless and until after US EPA notifies the Agency ofUSEPA 

concurrence following the Agency's submittal of a demonstration 

pursuant to subsection (c)(3) ofthis Section bv placing a 

concurrence flag in the appropriate field for the data record in the 

AOS database. 

Cl Flags placed on data as being due to an exceptional event, together 

with an initial description of the event, must be submitted to 

US EPA not later than July 1st of the calendar year following the 

year in which the flagged measurement occurred. except as 

allowed under subsection (c)(2)(D) or (c)(2)(E) of this Section. 

D) This subsection (c)(2)(D) corresponds with 40 CFR 

50.!4(c)(2)(iv), which has expired bv its own tenns. This 

statement maintains structural consistency with the federal 

regulations. 

E) This subsection (c)(2)(E) corresponds with 40 CFR 50.14(c)(2)(v). 

which has expired by its own terms. This statement maintains 

structural consistency with the federal regulations. 

F) US EPA has stated that when USEPA sets a NAAOS for a new 

pollutant or revises the NAAOS for an existing pollutant, USEP A 

may revise or set a new schedule for flagging exceptional event 

data, providing initial data descriptions. and providing detailed 

data documentation in AOS for the initial designations of areas for 

those NAAOS. Table A to this Part provides the existing schedule 

for submission of flags with initial descriptions in AOS and 

detailed documentation. These schedules apply for those data that 

will or may influence the initial designation of areas for those 

NAAOS. US EPA has stated that it will revise the table upon 

which Table A to this Part is based as necessary to accommodate 

revised data submission schedules for new or revised NAAQS. 

3) Submission of demonstrations. 

Al When the Agency has flagged data as being due to an exceptional 

event and is requesting exclusion of the affected measurement 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENTS 

data. the Agency must. after notice and opportunity for public 

comment, submit a demonstration to USEP A to justify data 

exclusion not later than the sooner of three years following the end 

of the calendar quarter in which the flagged concentration was 

recorded or 12 months prior to the date that a regulatorv decision 

must be made by US EPA. The Agency must submit the public 

comments it received along with its demonstration to USEPA. 

Bl This subsection (c)(3)(B) corresponds with40 CPR 50.14(b)(3)(ii). 

which pertains only to a reporting period and opportunity to 

demonstrate exceptions that has passed. This statement maintains 

structural consistency with the federal regulations. 

C) This subsection (c)(3)(B) corresponds with 40 CPR 50.14(b)(3)(ii). 

which pertains only to a reporting period and opportunity to 

demonstrate exceptional events that has passed in a provision that 

has expired by its own terms. This statement maintains structural 

consistency with the federal regulations. 

Dl The demonstration to justify data exclusion must provide the 

following evidence: 

i) That the event satisfies the definition of"exceptional 

event" set forth in Section 243.1 01; 

ii) That there is a clear causal relationship between the 

measurement under consideration and the event that is 

claimed to have affected the air quality in the area; 

iii) That the event is associated with a measured concentration 

in excess of normal historical fluctuations. including 

background; and 

iv) That there would have been no exceedance or violation but 

for the event. 

E) With the submission of the demonstration. the Agency must 

document that the public comment process was followed. 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENTS 

BOARD NOTE: Derived from 40 CFR 50.14 (2012). 

(Source: Added at 37 Ill. Reg. ___ , effective _________ _} 

Section 243.106 Monitoring (Repealed) 

Pellatien le>.·els will be detennineci by fixed er mebide SamiJ!iag stfrtiens beyend the JlFCffiises en 

whieb. a seuwe is leefrted. 8tfrtions will be loefrted aeeording to the guildelines for estaslisheci 

monitoring nehvorlcs as develeJled by the United 8tfrtes Envirenmental Preteetiea Ageaey. 

(Source: Repealed at 37 Ill. Reg. ___ , effective _________ .J 

Section 243.107 Reference Conditions 

All measurements of air quality that are expressed as mass per unit volume (e.g., micrograms per 

cubic meter, eJESCjlt other than for particulate matter CPM25) standards contained in Section 

243.120Cb) and (c) and lead standards contained in Section 243.126Cb), are corrected to a 

reference temperature of25°_C, and to a reference pressure of760 millimeters of mercury 

(1013.2 millibars). Measurements ofPM2.s, for moses of comparison to the standards 

contained in Section 243.1 20(b) and (c) and lead, measmemeRts sb.a!J for purposes of 

comparison to the standards contained in Section 243.126(b). must be reported based upon the 

actual ambient air volume measured at the actual temperature and pressure at the monitoring site 

during the measurement period. 

BOARD NOTE: Derived from 40 CFR 50.3 (2012). 

(Source: Amended at 37 Ill. Reg. ____ , effective-----------' 

Section 243.108 Incorporations by Reference 

The following materials are incorporated by reference. These incorporations do not include any 

later amendments or editions: 

a) PararesaniliRemethed, 40 CPR 50, Cjljlendill A (1982). 

b) Nea disjlersive in-frared Sjleetremetry teeb.aiE[UC, 40 CPR 50, CjlJleRciix C (1982), 

36 Feci. Reg. 2239!, November 25, 197!. 

e) Colerimetrie methed, 36 Feci. Reg. 22396, Nevember 25, 1971. 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENTS 

d) Ozone ethylene reaction method, 40 CFR 50, lljlpendiJt D (1982), 38 Fed. Reg. 

22392, Noveraeer 25, 1971. 

e) Lead, 40 CFR 50, lljlpendilt G (2008). 

f) Reference method for the determination ofpartieulate matter as P}.{w..ffi-tBe 

atmosphere, 40 CFR 50, lljlpendilt J (1990). 

g) Interpretation of the National Ameient Air Quality Standards (}!AAQS) for 

raffic-ulate matter, 40 CFR 50, appendiJt K, 73 Fed. Reg. 8114 4 (Oetoeer 17, 

~ 

h) Reference method for the determination ofpartieulate matter as P}.fg..ffi-tBe 

atmosphere, 40 CFR 50, lljlpendiJt L, 73 Fed. Reg. 61144 (Oetoeer 17, 2006). 

i) Interpretation of the NAAQS for P}.fg, 40 CFR 50, lljl]Jendix N, 73 Fed. Reg, 

1497 (JanBary' 9, 2008). 

j) Interpretation ofthe J>!.AAQS for 0,~, 40 CFR 50, appendill P, 73 Fed. Reg. 16436 

(March 27, 2008). 

k) The NPu\QS for Lead; Final R;;le, 40 CFR 50, 51, 53, and 58, 73 Fed. Reg. 

66964 (Noveraher 12, 2008). 

I) Interpretation of the NAAQS for Lead, 40 CFR 50, appendilc R, 73 Fed. Reg. 

66964 (Noveraher 12, 2008). 

Government Printing Office (GPO). 732 Capitol Street NW. Washington. DC 

20401 (telephone: 202-512-1800 or 866-512-1800; website: www.gpo.gov). 

The following documents incorporated by reference are available from this 

source: 

Appendix A-1 to 40 CFR 50 (2012) (Reference Measurement Principle 

and Calibration Procedure for the Measurement of Sulfur Dioxide in the 

Atmosphere (Ultraviolet Fluorescence Method)), referenced in Section 

243.122. 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENTS 

Appendix A-2 to 40 CFR 50 (2012) (Reference Method for the 

Detennination of Sulfur Dioxide in the Atmosphere (Pararosaniline 

Method)). referenced in Section 243.122. 

Appendix B to 40 CFR 50 (2012) (Reference Method for the 

Determination of Suspended Particulate Matter in the Atmosphere (HighVolume Method)). referenced in appendix G to 40 CFR 50 (see below). 

Appendix C to 40 CFR 50 (2012) (Reference Measurement Principle and 

Calibration Procedure for the Measurement of Carbon Monoxide in the 

Atmosphere (Non-Dispersive Infrared Photometry)). referenced in Section 

243.123. 

Appendix D to 40 CFR 50 (2012) (Reference Measurement Principle and 

Calibration Procedure for the Measurement of Ozone in the Atmosphere). 

referenced in Section 243.125. 

Appendix F to 40 CFR 50 (2012) (Reference Measurement Principle and 

Calibration Procedure for the Measurement of Nitrogen Dioxide in the 

Atmosphere (Gas Phase Chemiluminescence)). referenced in Section 

243.124. 

Appendix G to 40 CFR 50 (2012) (Reference Method for the 

Detennination of Lead in Suspended Particulate Matter Collected from 

Ambient Air). referenced in Section 243.126. 

Appendix H to 40 CFR 50 (2012) (lnter;pretation of the !-Hour Primary 

and Secondary National Ambient Air Oualitv Standards for Ozone). 

referenced in Section 243.125. 

Appendix I to 40 CFR 50 (2012) (Interpretation of the 8-Hour Primarv and 

Secondary National Ambient Air Quality Standards for Ozone). 

referenced in 243.125. 

Appendix J to 40 CFR 50 (2012) (Reference Method for the 

Detennination of Particulate Matter as PM10 in the Atmosphere. 

referenced in Section 243.120. 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENTS 

Appendix K to 40 CFR 50 (2012) (Interpretation of the Primarv and 

Secondary National Ambient Air Quality Standards for Particulate 

Matter), referenced in Section 243.120. 

Appendix L to 40 CFR 50 (2012) (Reference Method for the 

Detem1ination of Fine Particulate Matter as PM2.s in the Atmosphere), 

referenced in Section 243.120. 

Appendix N to 40 CPR 50 (2012) (Interpretation of the Primary and 

Secondary National Ambient Air Quality Standards for Particulate 

Matter), referenced in Section 243.120. 

Appendix 0 to 40 CFR 50 (20 12) (Reference Method for the 

Determination of Coarse Particulate Matter as PM10•25 in the 

Atmosphere), referenced in appendix 0 to 40 CFR 50 and for use in 

federally required monitoring by the NCore svstem pursuant to 40 CFR 

58. 

Appendix P to 40 CFR 50 (20 12) (Interpretation of the Primary and 

Secondary National Ambient Air Quality Standards for Ozone), 

referenced in 243.125. 

Appendix Q to 40 CFR 50 (2012) (Reference Method for the 

Determination of Lead in Particulate Matter as PM! 0 Collected from 

Ambient Air), referenced in appendix R to 40 CFR 50. 

Appendix R to 40 CFR 50 (2012) (Interpretation of the National Ambient 

Air Quality Standards for Lead), referenced in Section 243.126. 

Appendix S to 40 CPR 50 (2012) (Interpretation of the Primary National 

Ambient Air Quality Standards for Oxides of Nitrogen (Nitrogen 

Dioxide)), referenced in 243.124. 

Appendix T to 40 CFR 58 (2012) (Interpretation of the Primary National 

Ambient Air Quality Standards for Oxides of Sulfur (Sulfur Dioxide)), 

referenced in Section 243.122. 

Clean Air Act. 42 USC 7401 et seq. (2011) (for definitions of terms only), 

referenced in Section 243.102. 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENTS 

BOARD NOTE: Segments of the Code of Federal Regulations and the 

United States Code are available for free download as PDF documents 

from the GPO FDsys website: http://www.gpo.gov/fdsys/. 

USEP A, National Exposure Research Laboratory, Human Exposure & 

Atmospheric Sciences Division CMD-D205-03), Research Triangle Park, NC 

27711. The following documents incorporated by reference are available from 

this source: 

"List ofDesiguated Reference and Equivalent Methods" (December 17, 

20 12) (referred to as "List of Desiguated Methods" and referenced in 

Sections 243.101.243.120,243.122,243.123,243.124,243.125, and 

243.126. 

This reference includes the no Federal Register notices subsequent to 

December 17,2012 that updated List ofDesiguated Methods. 

BOARD NOTE: This document is available for free download as a PDF 

document from the USEP A, Technology Transfer, Ambient Monitoring 

Technology Information Center website: http://www.epa.gov/ttn/amtic/ 

cri teria.html. 

(Source: Amended at 37 Ill. Reg. ____ ,, effective----------' 

SUBPART B: STANDARDS AND MEASUREMENT METHODS 

Section 243.120 PM 10 and PM2.5 

a) Standards. The primary ana secondary ameient air quality standards for PM.f\).aro 

a maJtinrnm 24 hour twerage concentration of 150 !l§lm~. The standards are 

attained when the expected ffilfHSer of days per calendar year v1ith a 24 hour 

avemge concentration aeove 150 !l§lm~ is equal to or less than ene, as measures 

and determined in accordance v1ith subsection (lJ). 

e) Measurement Method. For Ele!ermining conformance with the PM.f\).ameient air 

quality-standards, PMw shall eo measured ey the method descrieeEI in 40 CFR 50, 

atJflendiJt J or an equivalent method designated jlursuat:t to 40 CFR 53 

(incorporated ey reference in Section 24 3.1 08). The standards are attained when 

the expected number of days per calendar year with a 24 hour average 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENTS 

eoaeeHfl'atioa above 150 J*§'m; is equal to or less thaH oae, as determiaed ia 

accoffiaHce with qo CFR 50, ilflpeadiK K (iacorporated by reference in Section 

2H.l08). 

e) 8taHdards. The primary aHd-seeoadary ambient air quality-staHdards for Pl\4; 

are7 

I) ,\a armual arithmetic mean concentration of 15.0 !l§'m; and as meaSUFed 

aad detefH!ined iB cenfofH!atlce with subsectioa (d). 

2) A maJtimum 24 hollf-COH€8ntratioa of35 J*§'m•,-at--tlie 98th pereeHti!e 

value, and as measared and detefffiined iB confofH!aHce with sabsectioa 

tfit, 

d) Measuremeat Method for PM;c;. For determiniag coaformaace witll the PM;c; 

ambient air quality statldaffis, PM;c; shall be measured by the method described ia 

4 0 CFR 50, ilflpeadilt L or an equivaleat method desigaated pursaaat to 4 0 CFR 

53 (iacorporeted by reforeace in 8ectioa 213 .I 08). Compliat1ee with the 

standards is determined using the methods and procedures described in 40 CFR 

50, ilflpendiK N (incorporated by reference in 8ectioa 2q3 .I 08). 

I) The armual primary and secondary Pl\4;,; stansards are met when the 

annual arithmetic mean conceilffation, as determines in accordance ·.vith 

q 0 CFR 50, ilflP eHsill N, is 1 ess than or equal to 15.0 J*§'m \ 

2) The 24 hoHF primary aas secondary Pl\4;,; staadards are met \Vhea the 

98th percentile 21 fiour concentration, as determiaed ia accordance with 

40 CFR 50, ilflpeadiK N, is less thatl or equal to 35 J*ffm•, 

a) 1987 primary and secondary 24-hour NAAQS for PM 10~ 

1) The level of the 1987 primary and secondary 24-hour NAAOS for PM10 is 

150 !.Udm3

• 24-hour average concentration. The 1987 primary and 

secondary NAAQS for PM10 is attained when the expected number of 

days yer calendar year with a 24-hour average concentration above 150 

ug/m . as determined in accordance with appendix K to 40 CFR 50, 

incorporated bv reference in Section 243.108. is equal to or less than one. 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENTS 

2) This subsection (a)(2) corresponds with 40 CFR 51.6(b), a provision 

marked ''reserved" by USEP A. This statement maintains structural 

consistency with the corresponding federal regulation. 

3) For the purpose of determining attainment of the 1987 primary and 

secondary 24-hour NAAOS for PM 10, particulate matter must be measured 

in the ambient air as PMIQ by a method that fulfills either of the following 

requirements: 

A) An FRM based on appendix J to 40 CFR 50, incorporated 

by reference in Section 243.108, and designated by USEPA 

and listed in List of Designated Methods, incorporated by 

reference in Section 243.108, or 

B) An FEM designated by US EPA and listed in List of Designated 

Methods, incorporated by reference in Section 243.108. 

BOARD NOTE: This subsection (a) is derived from 40 CFR 50.6 

(2012). USEPA adopted 1997 primary NAAOS for PM10 at 62 Fed. Reg. 38652 

(July 18, 1997). As a result of a judicial vacatur, USEPA later removed the 

transitional provision relative to the 1987 NAAOS at 65 Fed. Reg. 80776 (Dec. 

22. I 000) and the 1997 NAAOS at 69 Fed. Reg. 45595 (July 30, 2004). Thus, the 

1987 primary and secondary NAAOS for PM10 are included in this subsection (a). 

b) 1997 primary and secondary annual average and 24-hour NAAOS for PM,_5• 

1) The 1997 ¥rimary and secondarv annual average NAAOS for PM, 5 is 

15.0 ug/m , annual anthmet1c mean concentratiOn, and the 1997 pnmary 

and secondary 24-hour NAAQS for PMz.s is 65 Ltg/m3

, 24-hour average 

concentration, measured in the ambient air as PMz.s by a method that 

fulfills either of the following requirements: 

A) An FRM based on appendix L of 40 CFR 50, incorporated by 

reference in Section 243.108 and designated byUSEPA and listed 

in List of Designated Methods, incorporated by reference in 

Section 243.1 08; or 

B) An FEM designated by US EPA and listed in List of Designated 

Methods, incorporated by reference in Section 243.108. 
ILLINOIS REGISTER 

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2) The 1997 primary and secondary annual average NAAOS for PM, 5 is met 

when the annual arithmetic mean concentration, as determined in 

accordance with appendix N of 40 CFR 50. incorporated by reference in 

Section 243.108. is less than or equal to 15.0 ug/m3

• 

3) The 1997 primary and secondary 24-hour NAAOS for PM2.s is met when 

the 98th percentile 24-hour concentration. as determined in accordance 

with appendix N of 40 CFR 50, incorporated bv reference in Section 

243.1 08. is less than or equal to 65 ug/m3

. 

BOARD NOTE: This subsection (b) is derived from 40 CFR 50.7 (2012). The 

2006 primary and secondary annual average and 24-hour NAAOS for PM , 5 

differs from the 1997 standards in that the 24-hour average concentration required 

by the 2006 standard is substantially lower (more stringent) than that for the 1997 

standard. The Board has retained the 1997 standard in this subsection (b) because 

USEPA has retained the 1997 standard in 40 CFR 50.6. 

c) 2006 primary and secondarv annual average and 24-hour NAAOS for PM, 5 . 

1) The 2006 ~rimary and secondary annual average NAAOS for PM, 5 is 

15.0 ug/m , annual anthmel!c mean concentratwn. and the 2006 pnmary 

and secondary 24-hour NAAOS for PMz.s is 35 ug/m3

• 24-hour average 

concentration, measured in the ambient air as PM, 5 by a method that 

fulfills either of the following requirements: 

A) An FRM based on appendix L of 40 CFR 50, incorporated by 

reference in Section 243.108 and designated by USEP A and listed 

in List of Designated Methods. incorporated by reference in 

Section 243.108; or 

B) An FEM designated by US EPA and listed in List of Designated 

Methods. incorporated bv reference in Section 243.108. 

2) The 2006 primary and secondary annual average NAAQS for PM2.

5 is met 

when the annual arithmetic mean concentration. as determined in 

accordance with appendix N of 40 CFR 50, incorporated by reference in 

Section 243.108. is less than or equal to 15.0 ug/m3

. 
ILLINOIS REGISTER 

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3) The 2006 primary and secondarv 24-hour NAAOS for PM".s is met when 

the 98th percentile 24-hour concentration. as determined in accordance 

with appendix N of 40 CFR 50. incorporated by reference in Section 

243.108. is less than or equal to 35 flg/m3

. 

BOARD NOTE: This subsection (c) is derived from 40 CFR 50.13 (2012). 

(Source: Amended at 37 IlL Reg. ___ _, effective-----------' 

Section 243.122 Sulfur Oxides (Sulfur Dioxide) 

a) Primary Stallaaras. The primary ambiellt air quality staaaaras fer sulfur eltiaes 

measured as sttdfttr aielliae are: 

I) All alllltlal arilhmetie meaa eelleelltratien of80 flg/m; (0.03 ppm); alla, 

2) A mallimum 24 heur eelleeatratiell, not te ee eReeeaea mere thaa ellee 

per year, ef3e5 t±llfm3 (0.14 ppm). 

b) Seeendary Staaaara. The seeendary ameieat air E!Uality staaaara fer sulfur mdaes 

measurea as sulfur die1lide is a mEHliffltlffi 3 heur eoneeatratiell net te ee mteeeded 

mere thaa enee per year ef 1,300 t±llfra3 (0.5 ppm). 

e) Measuremellt Methea. Fer determilling eenferrnallee with sulfur ellide air E!Uality 

standards, sulfur ellides shall be measlffea as sulfur diellide by the pararesallilille 

methea deserised in 40 CFR 50, appellailt A, (illeerporated by refereHee ill 

Seetien 24 3 .I 08), er l3y all eE!uivaleat methoa of preef appreved by the AgBf!ey. 

a) 1971 primary annual average and 24-hour NAAOS for sulfur oxides Cas sulfur 

dioxide CS(h}1 

1) The level of the 1971 primary annual average NAAOS for sulfur oxides is 

0.030 ppm. not to be exceeded in a calendar year. The annual arithmetic 

mean must be rounded to three decimal places (fractional parts equal to or 

greater than 0.0005 ppm must be rounded up). 

2) The level of the 1971 primary 24-hour NAAQS for sulfur oxides is 0.14 

ppm, not to be exceeded more than once per calendar year. The 24-hour 

averages must be determined from successive non-overlapping 24-hour 
ILLINOIS REGISTER 

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blocks starting at midnight each calendar day and must be rounded to two 

decimal places {fractional parts equal to or greater than 0.005 ppm must be 

rounded up). 

3) Sulfur oxides must be measured in the ambient air as SO? bv the FRM 

described in appendix A-2 to 40 CFR 50, incorporated by reference in 

Section 243 .I 08, or by an FEM designated by USEP A and listed in List of 

Designated Methods, incornorated by reference in Section 243.108. 

4) To demonstrate attainment. the annual arithmetic mean and the secondhighest 24-hour averages must be based upon hourly data that are at least 

75 percent complete in each calendar quarter. A 24-hour block average 

must be considered valid if at least 75 percent of the hourly averages for 

the 24-hour period are available. In the event that only 18-. 19-.20-,21-. 

22-. or 23-hour averages are available, the 24-hour block average must be 

computed as the sum of the available hourly averages using the number of 

hours (i.e., 18, 19, etc.) as the divisor. Ifless than 18-hour averages are 

available, but the 24-hour average would exceed the level of the standard 

when zeros are substituted for the missing values. subject to the rounding 

rule of subsection Cbl of this Section, then this must be considered a valid 

24-hour average. In this case, the 24-hour block average must be 

computed as the sum of the available hourly averages divided by 24. 

5) The 1971 primary annual average and 24-hour NAAOS for sulfur oxides 

set forth in this subsection (a) remains applicable to all areas 

notwithstanding the promulgation of the 2010 primary one-hour NAAOS 

for sulfur oxides in subsection {c) of this Section. The Board will delete 

the 1971 primary annual average and 24-hour NAAOS for sulfur oxides 

set forth in this subsection (a) after fulfillment of the conditions recited by 

US EPA in corresponding 40 CFR 50.4(e). 

BOARD NOTE: Corresponding 40 CFR 50.4(e) recites that the 1971 

primary NAAOS for sulfur oxides remains effective in two types of areas 

for which USEP A has not yet approved an implementation plan for 

attainment with the 2010 primary one-hour NAAQS for sulfur oxides. 

The first type of area is one that USEP A had designated as non-attainment 

for that standard as of the effective date of the 20 I 0 primary one-hour 

NAAQS for the 1971 primary NAAOS for sulfur oxides as of the effective 

date of the 2010 NAAOS. That date was August 23,2010. See 75 Fed. 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENTS 

Reg. 35520 (June 22. 2010). As of that date. USEPA had not designated 

any area in Illinois as non-attainment. See 40 CFR 81.314 (2010). The 

Board is unaware of any USEP A SlP call for any area of lllinois relative 

to the 1971 primary NAAQS for sulfur oxides. As of December 31, 2012, 

USEPA had not yet designated the attainment status of areas in Illinois. 

See 40 CFR 81.314 (2012). The Agencv recommended that USEPA 

designate limited areas of Illinois as non-attainment with the 2010 primary· 

one-hour NAAQS. See letter of June 2, 2011 from Laurel Kroack. Chief. 

Bureau of Air. Agency, to Cheryl A. Newton. Director, Office of the Air 

and Radiation Division. USEP A Region 5 (available at 

http://www.epa.gov/so2designations/recletters/ 

R5 IL rec wtechanalysis.pdf). When the conditions of this subsection 

(a)(5) have been fulfilled. or USEPA has removed 40 CFR 50.4. the Board 

will remove the standard of this subsection (a) as obsolete. 

b) 1971 secondary three-hour NAAQS for sulfur oxides (as SOz1 

1) The level of the 1971 secondary three-hourNAAOS for sulfur oxides is 

0.5 PPm. not to be exceeded more than once per calendar year. The threehour averages must be determined from successive non-overlapping threehour blocks starting at midnight each calendar day and must be rounded to 

one decimal place (fractional parts equal to or greater than 0.05 ppm must 

be rounded up). 

2) Sulfur oxides must be measured in the ambient air as S02 by the FRM 

described in appendix A-2 to 40 CFR 50. incorporated by reference in 

Section 243.108. or by an FEM designated by USEP A and listed in List of 

Designated Methods, incorporated by reference in Section 243.108. 

3) To demonstrate attainment. the second-highest three-hour average must be 

based upon hourly data that are at least 75 percent complete in each 

calendar quarter. A three-hour block average must be considered valid 

only if all three hourly averages for the three-hour period are available. If 

only one or two hourly averages are available, but the three-hour average 

would exceed the level of the standard when zeros are substituted for the 

missing values, subject to the rounding rule of subsection (b)(l) of this 

Section. then this must be considered a valid three-hour average. In all 

cases. the three-hour block average must be computed as the sum of the 

hourly averages divided by three. 
ILLINOIS REGISTER 

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BOARD NOTE: This subsection Cbl is derived from 40 CPR 50.5 (2012). 

c) 2010 primary one-hour NAAQS for sulfur oxides (as SOU, 

1) The level of the 2010 primary onechour NAAQS for sulfur oxides is 75 

ppb. measured in the ambient air as SO, 

2) The 2010 one-hour primary NAAQS for sulfur oxides is met at an ambient 

air quality monitoring site when the three-year average of the annual (99th 

percentile) of the daily maximum one-hour average concentrations is less 

than or equal to 75 ppb. as determined in accordance with appendix T of 

40 CPR 50. incorporated bv reference in Section 243.108. 

3) The level of the 2010 one-hour primary NAAQS for sulfur oxides must be 

measured by a FRM based on appendix A-1 or A-2 of 40 CPR 50. 

incorporated by reference in Section 243.108. or by a FEM designated by 

USEPA and listed in List of Designated Methods. incorporated by 

reference in Section 243.108. 

BOARD NOTE: This subsection (c) is derived from 40 CPR 50.17 (2012). The 

1971 primary NAAQS for so, remains in effect until the federal conditions of 40 

CPR 50.4(e) have been fulfilled. as outlined in subsection (a)(5) of this Section 

and the appended Board note. 

(Source: Amended at 37 Ill. Reg. ___ , effective _________ _) 

Section 243.123 Carbon Monoxide 

a) Standards. The ambient air quality standards fer earaen meneKiae are: 

I) A maximum 8 heur eoneer:tratien net te ae eJteeeded more than enee per 

year of 10 milligrams per euaie meter (9 ppm); and, 

2) A rn!HtimHrn l fieur eoneentratien net te ae eKeeeded more than onee jler 

year of40 milligrams ]leT euaie meter (33 jlpm). 

a) Measmernent Methed. For determining eonfonmmee witl: the earaon menoxide 

air qt~ality standard, ears en menmdde shall ae measmed ay the nendis]lersive 
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in!fareEi Sjleetrometry teelmique as EieseriheEi in 40 CFR 50, A]3]3. C (1982), 36 

FeEl. Reg. 22,391, Novemher 25, 1971, or by an equivalent metlwEl aJ3]3FOVeEl by 

tl1e Agency. 

a) The 1971 eight-hour and one-hour primary NAAOS for carbon monoxide are as 

follow: 

]) An eight-hour average concentration of 9 ppm (] 0 mg!m\ not to be 

exceeded more than once per year; and 

2) A one-hour average concentration of 35 ppm ( 40 mg!m\ not to be 

exceeded more than once per year. 

b) The levels of carbon monoxide in the ambient air must be measured by a method 

that fulfills either of the following requirements: 

1\ An FRM based on appendix C of 40 CFR 50. incorporated by reference in 

Section 243.108, and designated by USEPA and listed in List of 

Designated Methods, incorporated by reference in Section 243.108, or 

2\ An FEM designated by USEPA and listed in List of Designated Methods. 

incorporated by reference in Section 243.108. 

c) An eight-hour average concentration must be considered valid if at least 75 

percent of the hourly average for the eight-hour period are available. In the event 

that only six-hour (or seven-hour\ averages are available. the eight-hour average 

must be computed on the basis of the hours available using six (or seven) as the 

divisor. 

d) When summarizing data for comparison with the standards, averages must be 

stated to one decimal place. Comparison of the data with the levels of the 

standards in ppm must be made in terms of integers with fractional parts of 0.5 or 

greater rounded up, 

BOARD NOTE: This Section is derived from 40 CFR 50.8 (2012). 

(Source: Amended at 37 ill. Reg.------'' effective _________ _, 
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Section 243.124 Nitrogen Oxides {Nitrogen Dioxide as Indicator) 

a) StaRaare. The amllient air quality staraare fer Ritrogen Elimdae is ar aRRHa! 

arithmetic mean eoReentratioR of 100 mierograms Jler eHl3ie meter (0.05 JlJlm). 

b) MeasHFemeRl MethoEI.---F&r-tletermiRiRg eoRferrnaRee with the nitrogen aieKiEie 

air qHality stanEiarEI, Ritrogen EliolliEie shall be rneaSHreEI by the eo!erimetrie 

methoa as EleseribeEI iR 36 FeEl. Reg. 22,396, Nevemller 25, !97!, or by aR 

eqHiva!eRl rnethoEI GJlJlFOVeEI by the Ageney. 

a) The level of the 1971 primary aruma! average NAAOS for nitrogen oxides is 53 

ppb, annual average concentration. measured in the ambient air as nitrogen 

dioxide (NO,}, 

b) The level of the 2010 primary one-hour NAAOS for nitrogen oxides is 100 ppb. 

one-hour average concentration. measured in the ambient air as NO,_ 

c) The level of the 1971 secondary annual average NAAOS for nitrogen oxides is 

0.053 ppm (100 ug(m3

), annual arithmetic mean concentration, measured in the 

ambient air as NO,. 

d) The levels of the standards in subsections (a) through (c) of this Section must be 

measured by: 

1) A FRM based on appendix F to 40 CFR 50. incorporated by reference in 

Section 243.108. and designated by USEP A and listed in List of 

Designated Methods. incorporated by reference in Section 243.108: or 

2) By a Federal FEM designated by USEPA and listed in List of Designated 

Methods. incorporated by reference in Section 243.108. 

e) The 1971 primary annual average NAAOS for nitrogen oxides in subsection (a) of 

this Section is met when the annual average concentration in a calendar year is 

less than or equal to 53 ppb. as determined in accordance with Appendix S of 40 

CFR 50. incorporated by reference in Section 243.108 for the annual standard. 

f) The 2010 one-hour primary NAAOS for nitrogen oxides in subsection (b) of this 

Section is met when the three-year average of the annual 98th percentile of the 

daily maximum one-hour average concentration is less than or equal to 100 ppb. 
ILLINOIS REGISTER 

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as determined in accordance with Appendix S of 40 CFR 50, incomorated by 

reference in Section 243.108 for the 1-hour standard. 

g) The 1971 secondary annual average NAAOS for nitrogen oxides in subsection (c) 

of this Section is attained when the a1mual arithmetic mean concentration in a 

calendar year is less than or equal to 0.053 ppm, rounded to three decimal places 

(fractional parts equal to or greater than 0.0005 ppm must be rounded up). To 

demonstrate attainment. an annual mean must be based upon hourly data that are 

at least 75 percent complete or upon data derived from manual methods that are at 

least 75 percent complete for the scheduled sampling days in each calendar 

quarter. 

BOARD NOTE: This Section is derived from 40 CFR 50.11 (2012). 

(Source: Amended at 37 Ill. Reg. -----'' effective _________ _, 

Section 243.125 8 Hear Ozone 

a) Staaaanl. The primary aaa seeenaary ambieat air quality staaaaras fer ezene are 

0.075 ppm (parts per millie!i) aaily maximWH 8 heur average eeneeatratiea, 

measurea aaa aaterminea ia aeeeraanee with sooseatiea (b). 

b) Measurement Metliea. Ozeae sliall be measurea by a federal eEJ:uivaient methed 

basea en 40 CPR 50, appendill Dana designatea in aeeeroanee v1itli 40 CPR 53 

(ineerperatea by referooee in Seetien 2 43 .I 08) er aa equivalent mathea 

aesignatea in aeeerdanee with 4 0 CPR 53. The primary aaa seeendary ambioot 

air quality staaaaras are met v1heR tlie average ef the a!1fluai feurth liigliest aaily 

ma1timum 8 lieHr average ezene eeneootratiefl is less tlian er eEJ:uai te 0.075 ppm, 

as aetermineEi usiflg 10 CPR 50, appendil< P (ineerperatea ey refereflee in Seetiefl 

243.108). 

a) 1979 primary and secondary one-hour NAAOS for ozone. 

1) The level of the 1979 primary and secondarv one-hour NAAOS for ozone 

measured by an FRM based on appendix D to 40 CFR 50, incorporated by 

reference in Section 243.108 and designated by USEP A and listed in List 

of Designated Methods, incorporated by reference in Section 243.108, is 

0.12 ppm (235 uglm\ The NAAOS is attained when the expected 

number of davs per calendar year with maximum hourly average 
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concentrations above 0.12 ppm (235 u.g/m3

) is equal to or less than 1. as 

determined by appendix H to 40 CPR 50, incorporated by reference in 

Section 243.108. 

2) The 1979 primary and secondary one-hour NAAOS tor ozone set forth in 

this subsection (a) will remain applicable to all areas notwithstanding the 

promulgation of the 2008 eight-hour primary and secondary NAAOS for 

ozone set fo1th in subsection (b) of this Section. USEP A has stated in 

corresponding 40 CPR 50.9(b) that the one-hour primary and secondary 

NAAOS for ozone set forth in this subsection (a) will no longer apply to 

an area one year after the effective date of the designation of that area by 

US EPA pursuant to 42 UCS 7407 for the 2008 eight-hour primarv and 

secondary NAAOS for ozone. USEPA has codified the area designations 

and classifications with respect to the primary and secondary 1997 onehour NAAOS and the 2008 primary and secondary NAAOS for ozone in 

40 CPR 81.314. 

BOARD NOTE: This subsection (a) is derived from 40 CPR 50.9 (2012). 

USEP A revoked the 1979 primary and secondary one-hour NAAOS for ozone for 

all areas in Illinois effective June 15, 2005. See 40 CPR 81.314 (table for onehour NAAOS for ozone, note 3; 70 Fed. Reg. 44470, 75 (Aug. 3, 2005). 

USEP A's state implementation plan (SIP) regulations, however, provide that the 

State may first apply for modification of the SIP for the 1997 primary and 

secondary one-hour NAAOS for ozone eight years after the revocation, which is 

on or after June 15, 2013. See 40 CPR 51.905(e). Since there is no indication 

that USEPA has approved such a SIP modification, the Board has retained the 

1979 primary and secondary one-hourNAAOS for ozone of 50 CPR 50.9. 

b) 1997 primary and secondary eight-hour NAAOS for ozone. 

1) The 1997 hour primary and secondary eight-hour NAAOS for ozone, 

measured by a FRM based on appendix D to 40 CPR 50, incorporated by 

reference in Section 243.108 and designated by USEP A and listed in List 

of Designated Methods, incorporated by reference in Section 243.108, is 

0.08 ppm, daily maximum eight-hour average. 

2) The 1997 primary and secondary eight-hour NAAQS for ozone is met at 

an ambient air quality monitoring site when the average of the annual 

fourth-highest daily maximum eight-hour average ozone concentration is 
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less than or equal to 0.08 ppm, as detennined in accordance with appendix 

I to 40 CPR 50. incorporated by reference in Section 243.108. 

3) US EPA has stated in corresponding 40 CPR 50.10(c) that the 1997 

primarv and secondary eight-hour NAAOS for ozone set forth in 

subsection (b)( I) of this Section will no longer apply to an area for 

transportation conformity purposes one year after the effective date of 

USEPA designation of that area pursuant to 42 USC 7407 for the 2008 

primarv and secondary eight-hour NAAOS set forth for ozone in 

subsection (c)(l) of this Section. The 1997 primary and secondary eighthour NAAQS for ozone set forth in this subsection (bl will remain 

applicable to all areas for all other pumoses notwithstanding the 2008 

primarv and secondary eight-hour NAAOS for ozone set forth in 

subsection (c) of this Section or the USEPA designation of areas for that 

2008 primary and secondary eight-hour NAAOS for ozone. 

BOARD NOTE: USEP A has codified area designations and 

classifications with respect to the 1997 and 2008 primary and secondary 

NAAQS for ozone in 40 CFR 81.314. When USEPA has taken action and 

the conditions of subsection {b)(3) have been fulfilled, or US EPA has 

removed 40 CPR 50.9 or 50.10. the Board will remove obsolete 1997 

primary and secondary one-hour or eight-hour NAAOS for ozone from 

subsections (a) and (b). 

BOARD NOTE: This subsection (b) is derived from 40 CPR 50.10 (2012). 

c) 2008 primary and secondary eight-hour NAAOS for ozone. 

1) The 2008 primary and secondarv eight-hour NAAQS for ozone is 0.075 

ppm, dailv maximum eight-hour average, measured by an FRM based on 

appendix D to 40 CPR 50, incomorated by reference in Section 243.108, 

and designated by USEP A and listed in List of Designated Methods, 

incomorated by reference in Section 243.108 or an FEM designated by 

US EPA and listed in List of Designated Methods. incomorated by 

reference in Section 243.108. 

2) The 2008 primary and secondary eight-hour NAAQS for ozone ambient 

air quality standards are met at an ambient air quality monitoring site 

when the three-year average of the annual fourth-highest daily maximum 
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eight-hour average ozone concentration is less than or equal to 0.075 ppm. 

as determined in accordance with appendix P to 40 CFR 50. incomorated 

by reference in Section 243.108. 

BOARD NOTE: This subsection (c) is derived from 40 CFR 50.15 (2012). 

(Source: Amended at 37 Ill. Reg. ___ , effective _________ ,J 

Section 243.126 Lead 

a) Staadard. Tl!e pFimary aad seeoadary ambiern air EJ.Uality staadards fer lead aRd 

its eompeuads measured as elemerna!lead are 0.15 tx§lm;, maximum rolling tbFee 

meRlfl average measured aRd determiaed ever a three year period. 

b) MeasuremeRt Me!hod. Fer detefffiiniRg eeafurmaRee witl! the ambieRt air EJ.Uality 

staadards for 1 ead aad its eompounds, lead aad its eompouRds shall be measured 

as elemental lead ay fuderal eEJ.UivaleRt method eased OR 40 CFR 50 apiJendiJE G 

1md desigaated in aeeordaRee '.villi 4 0 CFR 53, or ay an eEj_UivaleRt metl!od 

desigRated iR aeeordaaee witl! 4 0 CFR 53 (ineOIIJOrated ey refereaee ia Seetioa 

2 43.1 08).. Compliaaee wi!h !he primary aad sec-{lndary ameiORt air qaality 

staadaffis shallae determiRed in aeeordaRee witl! 40 CFR 50, appendiJl R 

(iaeoiiJorated by refurenee in 8eetien 243.1 08). 

a) 1978 primary and secondary quarterly average NAAOS for lead. 

I) The 1978 primary and secondary quarterly average NAAQS forlead and 

its compounds, measured as elemental lead bv an FRM based on appendix 

G to 40 CFR 50. incomorated by reference in Section 243.108. and 

designated by USEPA and listed in List of Designated Methods, 

incomorated by reference in Section 243.108. or bv an FEM designated by 

USEPA and listed in List of Designated Methods. incomorated bv 

reference in Section 243.108, is 1.5 micrograms per cubic meter, 

maximum arithmetic mean averaged over a calendar quarter. 

2) The 1978 primary and secondary quarterly average NAAQS for lead set 

forth in this subsection will remain applicable to all areas notwithstanding 

the 2008 primary and secondary quarterly average NAAQS for lead in 

subsection (b) of this Section. The 1978 primary and secondary quarterly 

average NAAQS for lead set forth in this subsection (a) will no longer 
ILLINOIS REGISTER 

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apply to an area one year after the effective date of the designation of that 

area by USEPA pursuant to 42 USC 7407 for the 2008 primary and 

secondary three-month average NAAQS for lead set forth in subsection 

(b) of this Section: except that for areas designated nonattainment for the 

1978 primary and secondary quarterly average NAAQS for lead set forth 

in this subsection (a) as of January 12, 2009. the 1978 primary and 

secondary NAAQS for lead set forth- in this subsection (a) will apply until 

USEP A has approved an implementation plan for that area pursuant to 42 

USC 7 514 providing for attainment or maintenance of the 2008 primary 

and secondary three-month average NAAOS for lead set forth in 

subsection (b) of this Section. 

BOARD NOTE: The Board substituted "January 12, 2009" for the open 

ended language in corresponding 40 CPR 50.12(b) relative to the effective 

date of 40 CFR 50.16. January 12, 2009 is the effective date recited at 73 

Fed. Reg. 66964 (Nov. 12. 2008). USEPA designated Granite City as 

nonattainment with the 2008 primary and secondary three-month average 

NAAOS for lead in 2010 and an area of Chicago in 2011. US EPA 

designated all other areas of Illinois for the 2008 primary and secondary 

three-month average NAAQS for lead in 2012. See 40 CFR 81.314 (area 

designations in Illinois); 76 Fed. Reg. 72097, 108 (Nov. 22. 2011) 

(effective December 31. 2011); 75 Fed Reg. 71033. 42 (Nov. 22. 201 0) 

(effective December 31, 201 0). Thus. this subsection (a) has been 

obsolete since December 31.2012. 

BOARD NOTE: This subsection (a) is derived from 40 CFR 50.12 (2012). 

b) 2008 primary and secondary three-month average NAAQS for lead. 

I) The 2008 primary and secondary three-month average NAAQS for lead 

and its compounds is 0.15 ug!m\ arithmetic mean concentration over a 

three-month period, measured in the ambient air as lead by either of the 

following: 

A) An FRM based on Appendix G of 40 CFR 50. incorporated by 

reference in Section 243.108 and designated by US EPA and listed 

in List of Designated Methods. incorporated by reference in 

Section 243.1 08 or; 
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B) An FEM designated byUSEPA and listed in List of Designated 

Methods. incorporated by reference in Section 243.108. 

2) The 2008 primary and secondarv three-month average NAAQS for lead 

are met when the maximum arithmetic three-month mean concentration 

for a three-year period. as determined in accordance with Appendix R of 

40 CPR 50. incorporated by reference in Section 243.108, is less than or 

equal to 0.15 w,g!m3

• 

BOARD NOTE: This subsection Cb) is derived from 40 CPR 50.16 (2012). 

(Source: Amended at 37 Ill. Reg. ___ , effective ________ __} 

Section 243.APPENDIX A Rule into Section Table (Repealed) 

Appendix A 

Rule into Section Table 

Rtf.bE SECTION 

W+ 213.102 

~ 213.103 

'>@ 213.101 

~ 1\pp eadix C 

;>% 213.106 

we 213.107 

347 213.121 

300 213.122 

'>@ Repealed 

m 213.123 

M+ 243.121 

:;.Q 213.125 

3..J.3. 243.126 

(Source: Repealed at 3 7 Ill. Reg. , effective 
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Section 243.APPENDIX B Section into Rule Table (Repealed) 

AppendixB 

Section into Rule Table 

SECTION RYbE 

243.101 

243.102 3-0+ 

243.103 ~ 

243.104 '3-03 

243.106 '3% 

243.107 W{} 

213.121 W+ 

213.122 3-W 

243.123 3-1-{) 

243.121 3-H 

213.125 J..h! 

213.126 3-8 

(Source: Repealed at 37 Ill. Reg. , effective _________ _; 

Section 243.APPENDIX C Past Compliance Dates (Repealed) 

Appendix C 

Past Compliance Dates 

Exeept as otherwise notee, eeffijllianee with this Part was requiree Jt~ne 26, 1973. 

(Source: Repealed at 3 7 Ill. Reg. ___ , effective _________ _/ 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENTS 

Section 243.TABLE A Schedule of Exceptional Event Flagging and Documentation 

Submission for New or Revised NAAQS 

Air gualitv 

NAAOS data collected Event flagging & Detailed 

(Levell for cal en dar initial descriQtion documentation 

Regulatory Citations year deadline submission deadline 

2006 24-hour PM2.5 2004-2006 

(35 ug/m3

) 

October I, 2007 AQril 15,2008 

Section 243.120(c}(l} 

40 CFR 50.13(a} 

71 Fed. Reg. 61144 (Oct. 

17. 2006} 

2008 eight-hour ozone 2005-2007 June 18, 2009 June 18, 2009 

(0.075 pQm} 2008 June 18, 2009 June 18, 2009 

Section 243.125(c}(l} 2009 60 days after the end 60 days after the end 

40 CFR 50.15(a} of the calendar guarter of the calendar guarter 

73 Fed. Reg. 16436 (Mar. in which the event in which the event 

27, 2008} occurred or February occurred or Februarx 

5. 20 I 0, whichever 5. 2010. whichever 

date occurred first date occurred first 

20 I 0 one-hour nitrogen 2008 July I, 2010 January 22. 2011 

oxides (as NOi} 2009 July I, 2010 January 22. 2011 

(100 QQb} 2010 AQril I. 2011 July I, 2010 

Section 243.124(b} 

40 CFR 50.!1(b} 

75 Fed. Reg. 6474 (Feb. 9. 

2010} 
2010 one-hour sulfur 

oxides Cas SO?} 

(75 ppb} 

Section 243.122(c)(l) 

40 CFR 17Ca} 

75 Fed. Reg. 35520 (June 

22. 2010) 

ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENTS 

October I. 2010 

October I. 2010 

June I. 2011 

60 days after the end 

of the calendar quarter 

in which the event 

occurred or March 31. 

2012, whichever date 

occurred first 

June I. 2011 

June I. 2011 

June I. 2011 

60 days after the end 

of the calendar quarter 

in which the event 

occurred or March 31, 

2012, whichever date 

occured first 

BOARD NOTE: Derived from table 1 to 40 CFR 50.14(c) (2012). USEPA noted that the 

information in this table of revised deadlines only applies to data that USEP A will use to 

establish the final initial designations for new or revised NAAOS. USEPA stated that the 

general schedule in this table applies for all other purposes. most notably, for data that USEP A 

will use forredesignations to attainment. Corresponding table 1 to 40 CPR 50.14(c)(2) cites the 

2010 one-hour NAAOS for nitrogen oxides as "80-100 PPB. fmallevel TBD" and the 2010 onehour NAAQS for sulfur oxides as "80-1 00 PPB, fina1level TBD." The adopted 2010 one-hour 

NAAOS for NO, at 40 CPR 50.11(£) is 100 ppb and the adopted 2010 one-hour NAAQS for SO? 

is 75 ppb. The Board has used the actual NAAOS for these contaminants in this Table A. 

Further, corresponding table I to 40 CFR 50.14(c) includes endnotes "a" and "b" indicate 

whether dates for NO? and SO? are changed or unchanged, which the Board has omitted, since 

endnotes will serve no purpose in the Illinois regulations. 

(Source: Added at 3 7 Ill. Reg. ___ , effective----------' 
IEPA ATTACHMENT NO. Jg_ 

OFFICE OF THE SECRETARY OF STATE 

JESSE WHITE • Secretary of State 

May 24,2013 

POLLUTION CONTROL BOARD 

JOHN THERRIAULT ASSISTANT CLERK 

100 W RANDOLPH ST, STE 11-500 

CHICAGO, IL 60601 

Dear JOHN THERRIAULT ASSISTANT CLERK 

~iECEBVED 

CLERK'S OFFICE 

MAY 2 9 2013 

STATE OF ILLINOIS ~'>ollution Control Board 

Your rules Listed below met our codification standards and have been published in Volume 37, 

Issue 22 of the Illinois Register, dated 5/31/2013. 

ADOPTED RULES 

Water Quality Standards 

35 Ill. Adm. Code 302 

Point of Contact: Nancy Miller 

Tiered Approach to Corrective Action Objectives 

35 III. Adm. Code 742 

Point of Contact: Nancy Miller 

7493 

7506 

OTHER JNFORMA TION REQUIRED BY LAW TO BE PUBLISHED IN THE ILLINOIS REGISTER 

Notice of Public lnfonnation On Proposed Amendment 

Point of Contact: Mike McCambridge 7687 

PROPOSED RULES 

Air Quality Standards 

35 Ill. Adm. Code 243 7316 

Point of Contact: Mike McCambridge 

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

(217) 782-7017. 

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

POLLUTION CONTROL BOARD 

NOTICE OF PUBLIC INFORMATION ON PROPOSED AMENDMENT 

NOTICE OF PUBLIC HEARING AND COMMENT PERIOD 

PURSUANT TO 415 ILCS 5/lO(H) aod 1 ILCS 100/5-70(b) 

Notice of Public Comment Period and Public Hearing for 

State Implementation Plan (SIP) Submittals for Ozone 

The Pollution Control Board (Board) is accepting public comments and will conduct a public 

hearing on a prospective carbon monoxide, lead, nitrogen oxides, ozone, particulate matter, and 

sulfur oxides SIP submittal or submittals to the U.S. Environmental Protection Agency 

(USEPA). The Board will accept written comments on the proposed rule that will form the basis 

for the SIP proposal until45 days after the date of this issue of the Illinois Register, and a public 

hearing will occur in Springfield aod Chicago on June 26,2013. The Board presently aoticipates 

adoption of Illinois ambient air quality staodards that are identical-in-substaoce to federal 

National Ambient Air Quality Standards (NAAQS) on July 25, 2013. 

Section lO(H) of the Act (415 ILCS 5/lO(H), as added by P .A. 97-945 (eff. Aug. 10, 2012)), 

mandates this rulemaking requiring the Board to "adopt ambient air quality staodards specifying 

the maximum permissible short-term and long-term concentrations of various contaminants in 

the atmosphere; those staodards shall be identical in substance to the national ambient air quality 

standards promulgated by ... the United States Environmental Protection Agency in accordaoce 

with Section 109 of the Clean Air Act [(42 U.S.C. § 7409)]." 415 ILCS 5/lO(H). In addition, 

Section 9.l(e) of the Act requires the Board to conduct this rulemaking pursuant to Section 

7.2(b) of the Act (415 ILCS 5/7.2(b) (2012)) for adopting rules that are "identical in substaoce" 

to the federal requirements. 

On May 16, 2013, the Board adopted a proposal for public comment in docket Rl3-ll to initiate 

adoption of the NAAQS using the identical-in-substance procedure. This in initial identical-insubstaoce proceeding embraces federal NAAQS adopted between April 30, 1971 and December 

31, 2012. A Notice of Proposed Amendment appears in today's issue of the Illinois Register 

relative to the docket Rl3-ll proposal. 

The Board expects that the Illinois Environmental Protection Agency (Agency) will submit the 

present amendments as a revision to the illinois SIP for ozone pursuaot to section 110 of the 

federal Clean Air Act ( 42 U.S.C. § 7410(a) (201 0) aod the implementing USEP A regulations. 

See 40 C.F.R. § 51.102 and appendix V (2010). 

Section lO(H) of the Act [415 ILCS 5/lO(H)] requires the Board to "provide for notice, a hearing 

if required by [USEPA], aod public comment before adopted rules are filed with the Secretary of 

RECEIVED 

MAY 2 0 20\3 

SOS-CODE DIV. 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PUBLIC INFORMATION ON PROPOSED AMENDMENT 

State." As USEPA will require the State to have conducted a hearing on the NAAQS involved in 

this proceeding pursuant to 42 U.S.C. § 4210(a) and 40 C.P.R.§ 51.102, the Board has scheduled 

a public hearing in this matter to occur by teleconference at two locations, as follows: 

11:00 a.m., June 26, 2013 

Sangamo Building, Room 1119N 

Illinois Pollution Control Board Hearing Room 

1021 North Grand Avenue 

Springfield, Illinois 

The Board invites public comment on the proposed amendments. The Board will receive 

public comments until at least 45 days after a notice of these proposed amendments appears in 

the Illinois Register. Anyone may file a public comment with the Board at: 

Office of the Clerk 

Pollution Control Board 

James R. Thompson Center 

100 W. Randolph Street, Suite 11-500 

Chicago, Illinois 60601 

All comments relating to this rnlemaking should clearly refer to docket number Rl3-11. 

The record in this docket will include all documents pertaining to this proceeding. All 

documents in the record are publicly available for inspection and copying as provided in 2 Ill. 

Adm. Code 21 7 5 (20 12) by contacting the Office of the Clerk. The documents are also freely 

available online at the Board's webpage: www.ipcb.state.il.us. 

The record will not include a copy of the following documents, which are all otherwise 

publicly available: 

• The various Federal Register notices that prompted this action (referenced in the Board's 

May 16,2013 opinion and order proposing amendments); 

• Federal statutes and regulations referenced in the Board's May 16,2013 opinion and 

order; and 

• Illinois statutes and regulations referenced in the Board's May 16,2013 opinion and 

order. 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PUBLIC INFORMATION ON PROPOSED AMENDMENT 

The Board requests that interested persons direct questions to the following person: 

Michael J. McCambridge, Staff Attorney 

Pollution Control Board 

I 00 West Randolph Street, Room 11-500 

Chicago, Illinois 60601 

219-814-6924 

mccambm@ipcb.state.i1.us 

The Board requests that interested persons request documents from or submit documents 

to the following person: 

John T. Therriault, Assistant Clerk of the Board 

Pollution Control Board 

100 West Randolph Street, Room 11-500 

Chicago, Illinois 60601 

219-814-3629 

therriaj @ipcb. state.il. us 

After the hearing and conclusion of the public comment period, the Board will promptly 

issue an opinion and order adopting final rule amendments. The Board presently anticipates 

adoption of the amendments on July 25, 2013. The Board will then file the amendments with the 

Office of the Secretary of State, and a Notice of Adopted Amendments will appear in the Illinois 

Register. Any Agency submission of the associated SIP revision to US EPA will follow that 

Notice. 
Therriault, John 

From: 

Sent: 

To: 

Cc: 

Subject: 

Attachments: 

McCambridge, Michael 

Monday, June 17, 2013 1:36 PM 

Matoesian, Charles 

Burke, Jennifer; Robertson, Daniel; Therriault, John 

Rl3-11 

R13-111oo.pdf 

Tohn Therriault: Please place in the record for Rn-n as a public comment. 

I EPA ATTACHMENT NO. L 

I appreciated the opportunity to answer questions about the Rr3~u NAAQS proceeding this morning. I attach a copy 

of the Board's May 16, ZOIZ opinion and order in this matter. The opinion segment should explain what the Board 

seeks to accomplish in this rulemaking. 

Y au voiced concern over citation to the June 2, 20II letter from Laurel Kroack to US EPA in which the Agency 

recommended area designations for sulfur oxides. You stated that US EPA may be near finalizing area designations 

that would differ from those proposed by the State in that letter. You related that !ERG and members of the 

regulated community may show concern over citation to the letter. 

As discussed, this proceeding seeks to incorporate the federal NAA~ into the Illinois regulations as they stood on 

December 31, 2012. The new January 15, 2013 NAAQ;> for PM are not included in this proceeding. The new NAAQ;) 

will be the subject of the R14'6 proceeding, which will consider all federal amendments that occurred from January r, 

2013 through June 30, 2013. 

There are limitations in an identical,in,substance proceeding that do not exist in a general rulemaking. The Board 

cannot review the substance of the underlying federal rules. The object is to make the best fit for the federal 

requiremen~s into the Illinois regulations. 

Michael]. McCambridge 

Attorney 

312-814-6924 (M-Th, 9:00 a.m.-7:oop.m.) 

219-614·5082 (personal cell during all other hours) 

1 
I EPA ATTACHMENT NO. _x 

Page 1 

BEFORE THE ILLINOIS POLLUTIO~ CONTROL BOARD 

=N THE IV..A?TER OF: 

NATIONAL AIV!BIENT AIR QUALITY 

STANDARDS, USEPA REGULATIONS 

(THROUGH JULY 1, 2012) 

TRANSCRIPT FROM TEE 

Rl3-11 

RECEIVED 

CLERK'S OFFICE 

JUL 0 1 2013-

STATE OF !LUNOIS 

Pollution Control Board 

PROCEEDINGS 

taken before the HEARING OFFICER MICHAEL McCAMBRIDGE 

by LORI ANN ASAUSKAS, CSR, RPR, a notary public 

within and for the County of Cook and State of 

Illinois, at the Illinois Pollution Control Board, 

1021 North Grand Avenue East (North Entrance), 

Sangamo Room, Springfield, Illinois, on the 26th 

day of June 2013, A.D., at 11:00 o'clock a.m. 
Page 2 

1 A P P E A R A N C E S: 

2 ILLINOIS POLLUTION CONTROL BOARD, 

100 West Randolph Street 

3 Suite 11-500 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

Chicago, Illinois 60601 

(312) 814-3461 

BY: MR. MIC3AEL J. McCAMBRIDGE, HEARING 

OFFICER 

ILLINOIS ENVIRONMENTAL REGULATORY GROUP, 

215 Eat Adams Street 

Springfield, Illinois 62701 

(217) 552-5512 

BY: MR. ALEC M. DAVIS, 

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY, 

1021 North Grand Avenue East 

P.O. Box 19276 

Springfield, Illinois 62794-9276 

(217) 782-5544 

charles.matoesian@illinois.gov 

BY: MR. CHARLES MATOESIAN, 

Appeared on behalf of the Respondent. 

BOARD MEMBERS PRESENT: 

Ms. Jennifer Burke 

18 Dr. Deanna Glosser 

19 

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY: 

20 

Mr. Kenneth Mohr 

21 

22 

23 

24 
1 

2 

I N D E X 

Page 3 

PAGES 

3 Introduction by Hearing Officer ........... 4 - 7 

4 Direct Examination by Hearing Officer ..... 7- 10 

5 Closing Remarks by Hearing Officer ........ 10- 12 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

NO EXHIBITS MARKED 
Page 4 

l 

2 HEARING OFFICER McCAMBRIDGE: This 

3 is the public hear~ng in the Docket R13-11 National 

4 Ambient Air Quality Standards, USEPA Regulations 

5 throug~ December 31, 2012. 

6 My name is :v!ike t'1cCambridge. I 

7 am a hearing officer. To my right is Board Member 

8 Jennifer Burke attending. ?he other attending Board 

9 t'1embe:: c:o my left is Dr. Deanna Glosser. 

10 This proceeding considers the 

11 board proposal adopted on May 16th, I believe, of 

12 this year and that proposal basically attempts to 

13 incorporate all of the USEPA ambient air quality 

14 standards into the Illinois -- existing Illinois 

15 regulations for ambient air quality at 35 Illinois 

16 Administrative Code Part 243. 

17 Before we go further, could the 

18 agency identify himself? 

19 MR. MATOESIAN: Charles Matoesian 

20 appearing for Illinois Environmental Protection 

21 Agency. 

22 

23 ERG? 

24 

HEARING OFFICER McCAMBRIDGE: And 

HR. DAVIS: Alec Davis on behalf of 
?age 5 

1 the Illinois Environmental Regulatory Group or ERG. 

2 HEARING OFFICER McCAMBRIDGE: Now, 

3 last week t~e Board received a pre-filea testimony 

4 of ~r. Kolaz. 

5 

6 

MR. KOLAZ: That's fine. Sure. Yes. 

HEARING OFFICER McCAMBRIDGE: Is that 

7 how it's pronounced? 

MR. KOLAZ: Yes, it's Kolaz. Right. 

HEARING OFFICER McCAMBR~DGE: Okay. 

8 

9 

10 

11 

Mr. David Kolaz. It was requested that we enter 

this into the record as if read. Is everyone good 

12 with that? 

13 Okay. Then we will enter this 

14 into the record as if record. Do you have a copy, 

15 stenographer? 

16 

17 

18 Very good. 

THE COURT REPORTER: Yes. 

HEARING OFFICER McCAMBRIDGE: Okay. 

19 Does anyone have any questions 

20 first? 

21 (Whereupon, Ms. Sims 

22 entered the proceedings.) 

23 HEARING OFFICER McCfu~BRIDGE: Another 

24 person has come in. Could you identify yourself for 
Page 6 

1 the record? 

2 MS. SIMS: Jackie Sims with the 

3 Illinois EPA. 

HEP.RING OFFICER rvicC-1\.MBRIDGE: Okay. 

5 Very good. 

6 Mr. Kolaz, do you have anything 

7 to add to the testimony that you have submitted 

8 here? 

9 MR. KOLAZ: No, I do not. 

10 HEARING OFFICER McCAMBRIDGE: Okay. 

11 Does anyone have any questions? Does the Agency 

12 have any questions with regard to the testimony? 

13 MR. MATOESIAN: No. 

14 HEARING OFFICER McCAMBRIDGE: No 

15 questions with regard to the testimony? Member 

16 Glosser? 

17 

18 

19 

20 questions. 

BOARD MEMBER GLOSSER: No questions. 

BOARD MEMBER BURKE: No questions. 

HEARING OFFICER McCAMBRIDGE: No 

I want to make sure that I fully 

21 understand the portion about the sunset provisions 

22 and then the comment about the wrong the use 

23 of the wrong standard in the Board's opinion. 

24 On Page 50 of the Board's opinion, 
Page 7 

1 the ozone N~AQS or the sunset for the 1979 ozone 

2 N.ZV\.QS is discussed and do you have a copy of c:hat 

3 opinion in front of you? 

4 

5 

M?.. DAVIS: Yes. Yes, we do. 

H~AR=NG OFFICER McC~BRIDGE: Okay. 

6 Before asking the question, I should have you sworn. 

7 

8 

MR. KOLAZ: Okay. 

HEARING OFFICER McCAMBRIDGE: v'iould 

9 you swear in the witness? 

10 (Witness sworn.) 

11 WHEREUPON: 

12 D A V I D KOLAZ. 

13 called as a witness herein, having been first duly 

14 sworn, deposeth and saith as follows: 

15 

16 

17 Q. 

D I R E C T E X A M I N A T I 0 N 

By Hearing Officer McCambridge 

In this discussion, there are 

18 references to the 2008 primary and secondary 

19 eight-hour standard. You state that those are 

20 incorrect, that that should be the 1997 standard, 

21 correct? 

22 A. In the reference -- in the Board's 

23 opinion on sunsetting in 1979 one-hour standard, 

24 it was my understanding in reviewing that that 
Page 8 

1 the Board did not believe that that 1979 one-hour 

2 standard should be sunset yet and referred to the 

3 2008 ozone standard, but there was also a 1997 

4 ozone standard. 

5 And it's my opinion that the 

6 1979 one-hour standard should be sunset -- should 

7 not be part of the air quality standards for 

8 Illinois because they have been revoked and are 

9 sunset. 

10 The 1997 standards, on the other 

11 hand, should be and could because even though we 

12 have 2008 ozone standard, there are still some 

13 lingering requirements. 

14 Q. Okay. The question is, though, do 

15 you assert that the references there to the 2008 

16 standard is the trigger, are incorrect, and those 

17 should be changed to a 1997 standard, correct? 

18 

19 

A. 

Q. 

Yes, right, right. 

Okay. Very good. There were four 

20 appearances that I have noted and I will ensure 

21 that that is corrected. 

22 now, the Agency, as I read the 

23 federal regulations, the Agency is now free to 

24 petition to get out of underneath the maintenance 
Page 9 

1 plan requirement for the -- I think it was the 1979 

2 standard. Then the July 20th trigger date, which 

3 will pass, now, in this paragraph ~hat concludes 

4 that-- that begins with "thus,'' i~ appears that 

5 the 1979 one-hour NAAQS for ozone will not apply 

6 to any area of Illinois after July 20, 2013; is 

7 that correct? 

8 A. I think that -- that that standard 

9 does not apply now because it's been revoked 

10 formally revoked for Illinois. There may at times 

11 be lingering requirements in the state's 

12 implementation plan, but those can still apply 

13 even without the air quality standard being in 

14 place. 

15 

16 

Q. 

A. 

Okay. 

That's my view. So -- so I see that 

17 once the USEPA has formally revoked an air quality 

18 standard as applying to the state of Illinois, then 

19 that would be the trigger for removing that 

20 standard, but I want to emphasize there could still 

21 be some state implementation plan requirements that 

22 would apply to prevent what's called backsliding. 

23 Those would stand on their own 

24 and not be dependent upon having the all quality 
Page 10 

1 standard in place. 

2 Q. If I'm not mistaken, I think the 

3 federal regulations -- and I think it may be 

4 40 CFR 81.314, but I'm not certain at this point. 

s They basically recite the standard is gone, but 

5 the maintenance plan will ensure that that number 

7 is not violated 

g 

9 

A. 

Q. 

10 regulation. 

Right. 

-- even though it's not there in the 

11 With regard to the 802, the 

12 802 is waiting for USEPA designations -- area 

13 designations in Illinois; is that correct? 

14 A. 

15 but, yes. 

16 

That's correct. Those are past due, 

HEARING OFFICER McCAMBRIDGE: Okay. 

17 Mr. Matoesian, do you have any idea what the status 

18 of that is with the USEPA? 

19 MR. MATOESIAN: I do not. Jackie, 

20 do you have any idea? 

21 MS. SIMS: They are supposed to be 

22 submitting the letter sometime soon. 

23 

24 

MR. MATOESIAN: We are submitting it? 

MS. SIMS: The feds will have to 
Page 11 

1 formally delegate the areas. 

2 

3 

MR. ~~TOES=AN: Oh, ~he feds. Okay. 

HEARING OFFICER McC&~BRIDGE: You 

4 know, considering that this is a subject area that 

5 is new for the Board's involvement in this way of 

6 generating proposal and regulations, is it possible 

7 that the Agency, through the succeeding cycles of 

s updates to the NAAQS --well, I'll just request 

9 that tje Agency would inform the Board if there is 

10 something happening, like, you know, I I will 

11 watch for federal actions, but that doesn't 

12 necessarily mean that I have seen them all. 

13 

14 

MR. MATOESIAN: Okay. 

HEARING OFFICER McCk~BRIDGE: And some 

15 are done by letter that never make the Federal 

16 Register or Code of Federal Regulations. If the 

17 Agency could inform the Board and carefully respond 

18 to responses for public comment, and I would ask the 

19 same of ERG and the rest of the regulating 

20 community. We want to get it right. 

21 

22 

MR. DAVIS: Absolutely. 

HEARING OFFICER McCAMBRIDGE: Does 

23 anyone have anything more? No questions? No 

24 questions? Okay. 
Page 12 

1 In that case, this hearing is 

2 concluded and we are adjourned. 

3 (Whereupon, the proceedings 

4 were adjourned.) 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 
Page 13 

1 

2 STATE OF ILLINOIS 

3 ss. 

4 COUNTY OF C 0 0 K 

5 

6 

7 I, LORI ANN ASAUSKAS, CSR, RPR, 

8 do hereby state that I am a court reporter doing 

9 business in the City of Chicago, County of Cook, 

10 and State of Illinois; that I reported by means 

11 of machine shorthand the proceedings held in the 

12 foregoing cause, and that the foregoing is a true 

13 and correct transcript of my shorthand notes so 

14 taken as aforesaid. 

15 

16 

17 

18 Lori Ann Asauskas, CSR, RPR. 

19 Notary Public, Cook County, Illinois 

20 

21 

22 

23 

24 

SUBSCRIBED AND SWORN TO 

before me this ~\'..._day 

of -'~"' , A.D., 2013. 

~~ublic 

STEVEN J BRICKEY 

OFFICIAL SEAL 

Notary Public, State of !llmcM · 

My Commission Expires 

February 04, 2017 
Page 14 

A begins 9:4 corrected 8:21 EXHIBITS 3:7 2:7 ,I 0,11,19 

A.D 1:1613:22 bcha1f2: 14 4:24 Countyl:12 existing 4: 14 4:14,14,15,20 

a.m 1:16 believe4:11 8:1 13:4,9,19 5:1 6:3 8:8 9:6 

Absolutely board 1:1.13 2:2 court5:1613:8 F 9:10,18 10:13 

11 :21 2:16 4:7,8,11 CSR 1:11 13:7 federal8:23 13:2,10,19 

actions 11: 11 5:3 6:17,18 8:1 13:18 10:311:11,15 implementation 

Adams2:7 11:9,17 cycles 11:7 11:16 9:12,21 

add 6:7 Board's 6:23,24 feds 10:24 1 1:2 incorporate 

adjourned 12:2 7:2211:5 D fine 5:5 4:13 

12:4 Box 2:11 D3:1 7:12,12,15 first 5:20 7:13 incorrect 7:20 

Administrative Bm·ke 2:17 4:8 date 9:2 follows 7: 14 8:16 

4:16 6:18 David 5:10 foregoing 13:12 inform 11:9,17 

adopted 4:11 business 13:9 Davis 2:8 4:24 13:12 Intr·oduction 3:3 

aforesaid 13:14 . 4:24 7:411:21 formally 9:10,17 involvement 

agency 2:10,19 c day 1:1613:21 1J:l 11:5 

4:18,21 6:11 C2:1 7:15 13:4 Deanna 2:18 4:9 four8:19 

8:22,23 11:7,9 called 7:13 9:22 December4:5 ----- ---------

free 8:23 J 

11:17 carefully 11 : 17 delegate 11: I front 7:3 J 2:4 

air I:5 4:4.13.15 case12:1 dependent 9:24 fully 6:20 Jackie6:2 10:19 

8:7 9:13,17 cause 13:12 deposeth 7: I 4 further 4: I 7 Jennifer 2:I 7 

Alec 2:8 4:24 certain I 0:4 designations 4:8 

ambient I :5 4:4 CFR 10:4 10:12,I3 G July 1:7 9:2,6 

4:13,15 changed 8: I 7 Direct 3:4 generating I 1:6 Junei:16 

Ann I: II 13:7 Charles 2: 13 discussed 7:2 Glosser 2:18 4:9 

13:18 4: I 9 discussion 7: I 7 6:I6,17 K 

appearances 

charles.matoe ... Docket4:3 go4:17 K 7:12 13:4 

8:20 2:12 doing 13:8 good 5:11,18 6:5 Kenneth 2:20 

Appeared 2:14 Chicago 2:3 Dr2:18 4:9 8:19 know 11:4,10 

appearing 4:20 13:9 due 10:14 Grand 1:14 2:10 Kolaz 5:4,5,8,8 

appears 9:4 City 13:9 duly 7:13 Group 2:6 5: I 5:10 6:6,9 7:7 

apply 9:5,9,12 Closing3:5 

9:22 Code4:1611:16 E H L 

applying 9:18 come 5:24 E2:1,1 3:1 7:15 hand 8:11 L 7:12 

area9:610:12 comment 6:22 7:15 happening left 4:9 

11:4 1J:l8 East 1:142:10 11:10 letter 10:22 

areas 11:1 community Eat2:7 hearing 1:10 2:4 11:15 

Asauskas 1:11 I I :20 eight-hour 7: 19 3:3,4,5 4:2,3,7 lingering 8: 13 

13:7,18 concluded 12:2 emphasize 9:20 4:22 5:2,6,9,17 9: I I 

asking7:6 concludes 9:3 ensure 8:20 10:6 5:23 6:4, 10,I4 Lori 1:1 I I3:7 

assert 8: I 5 considering 11 :4 enter5:10,13 6:19 7:5,8,16 13:18 

attempts 4:12 considers 4:10 entered 5:22 10:1611:3,14 

attending 4:8,8 Control1:1,13 Entrance 1:14 11:22 12:1 M 

Avenue 1:14 2:2 Environmental held 13:11 M 2:8 7:15 

2:10 Cook I: 12 13:9 2:6,10,19 4:20 machine 13:11 

13:19 5:1 I maintenance 

B copy 5:14 7:2 EPA6:3 idea 10:17,20 8:24 10:6 

backsliding 9:22 correct 7:21 ERG4:23 5:1 identify 4:18 MARKED3:7 

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10:5 10:14 13:13 Examination Illinois 1:1,13 4:19,19 6:13 

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Page 15 

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Page 16 
CO-CHAIR: 

SEN. DON HARMON 

CD-CHAIR: 

REP. TIM SCHMITZ 

EXECUTIVE DIRECTOR: 

VICKI THOMAS 

TO: 

FROM: 

DATE: 

RE: 

.JOINT COMMITTEE ON ADMINISTRATIVE RULES 

ILLINOIS GENERAL ASSEMBLY 

700 STRATTON BUILDING 

SPRINGFIELD, ILLINOIS 62706 

217f785·225~ 

·-· 

·MEMORANDUM 

I EPA ATTACHMENT NO. _j_ 

SEN. PAMELA. ALTHOFF 

SEN. TONY MUr~OZ 

SEN. SUE REZIN 

SEN. DALE RIGHTER 

SEN. IRA SILVERSTEIN 

REP. GREG HARRIS 

REP. LOU LANG 

REP. DAVID R. LEITCH 

~ PQI'JIILD L MOFFITf 

FlEP. t,l;fl[fi)le lfliP!f'llJF e 10 OLf';;IJ/f('iiJ OFFICE 

JUL fJ Y LIJ13 

STATE OF ILLINOIS 

Pollution Control Board 

Thomas Holbrook, Chairman 

Pollution Control Board 

f<13-!)/ 

Vicki Thomas 

Executive Director 

7/3/2013 

Air Quality Standards (35 TIL Adm. Code 243) 

37 Dl. Reg. 7316-5/31/13 

Pursuant to Section 5-40( c) of the Administrative Procedure Act, JCAR is requesting from your 

agency an analysis of the economic and budgetary effects of the above-referenced rulemaking. 

The analysis can be completed using the standard JCAR economic impact form and can be 

transmitted to JCAR as soon as it is ready, but at least by the time the agency submits its Second 

Notice on this rulemaking. 

JCAR staff will contact you if they need any further economic information not covered by your 

submission of the form. The information from the economic and budgetary analysis will be 

presented to the members of JCAR as part ofthe staffs review of this issue. 

Thank you for your cooperation. If you have any questions regarding this request, please contact 

us at 217/785-2254. 

VT:DC:rm 

cc: John Theniault 
.. -----.::-:---=----:-:::-:--:-:-~::-----==-:~=-=---:-:---:-::-=-::--:-::----:---------, 

Electronic Filing- Recived, Clerk's Office: 07/1512013 -* * * PC# I * * * 1 () !EPA ATTACHMENT NO.-

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD 

Rl3-11 

IN THE MA ITER OF: ) 

NATIONAL AMBIENT AIR QUALITY ) 

STANDARDS, USEPA REGULATIONS ) 

(through December 31, 2012) ) 

(Identical-in-Substance Rulemaking- Air) 

NOTICE OF FILING 

TO: Mr. John T. Therriault 

Assistant Clerk of the Board 

lllinois Pollution Control Board 

100 W. Randolph Street 

Suite 11-500 

Chicago, Illinois 6060 I 

(VIA ELECTRONIC MAIL) 

Michael J. McCambridge 

Hearing Officer 

Illinois Pollution Control Board 

100 W. Randolph Street 

Suite 11-500 

Chicago, Illinois 60601 

(VIA U.S. MAIL) 

(SEE PERSONS ON ATTACHED SERVICE LIST) 

PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of the 

Illinois Pollution Control Board the FIRST NOTICE COMMENTS OF THE ILLINOIS 

ENVIRONMENTAL REGULATORY GROUP, copies of which are herewith served upon 

you. 

Dated: July 15,2013 

Alec M. Davis 

General Counsel 

Illinois Environmental Regulatory Group 

215 East Adams Street 

Springfield, Illinois 62701 

(217) 522-5512 

Respectfully submitted, 

By: Is/ Alec M. Davis 

Alec M. Davis 

THIS FILING SUBMITTED ON RECYCLED PAPER 
EIBctronic Filing - RBcivBd. CIBrk's OfficB: 07/1512013 -* * * PC# I * * * 

CERTIFICATE OF SERVICE 

I, Alec M. Davis, the undersigned, hereby certify that I have sen,ed the attached FIRST 

NOTICE COMMENTS OF THE ILLINOIS ENVIRONMENTAL REGULATORY 

GROUP upon: 

Mr. John T. Therriault 

Assistant Clerk of the Board 

Illinois Poll uti on Control Board 

100 West Randolph Street, Suite 11-500 

Chicago, Illinois 6060 I 

via electronic mail on July 15, 2013; and upon: 

Charles E. Matoesian 

I 021 North Grand Avenue East 

P.O. Box 19276 

Springfield, IL 62794-9276 

Michael J. McCambridge 

Hearing Officer 

Illinois Pollution Control Board 

James R. Thompson Center 

I 00 West Randol ph Street, Suite 11-500 

Chicago, Illinois 6060 I 

by depositing said documents in the United States Mail, postage prepaid, in Springfield, Illinois 

on July 15,2013. 

/s/ Alec M. Davis 

Alec M. Davis 
EIBctronic Filing - RBcivBd, CIBrk's DfficB: 07/1512013 -* * * PC# I * * * 

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD 

IN THE MATTER OF: ) 

NATIONAL AMBIENT AIR QUALITY ) 

STANDARDS, USEPAREGULATIONS ) 

(through December 31, 20 12) ) 

R13-11 

(Identical-in-Substance Rulemaking- Air) 

FIRST NOTICE COMMENTS OF THE 

ILLINOIS ENVIRONMENTAL REGULATORY GROUP 

NOW COMES the ILLINOIS ENVIRONMENTAL REGULATORY GROUP ("IERG"), 

by and through its attorney, Alec M. Davis, and submits its First Notice Comments in the abovecaptioned matter to the Illinois Pollution Control Board ("Board") for its consideration. 

I. INTRODUCTION 

The Illinois Environmental Regulatory Group would like to thank the Board for the 

opportunity to submit these comments in regard to the First Notice Publication of the Board's 

proposed amendments to its air pollution regulations pursuant to Sections lO(H) and 7.2(b) of the 

Illinois Environmental Protection Act. 415 ILCS 5/IO(H) and 5/7.2(b). !ERG was involved in 

the adoption of Public Act 97-945 which created the identical-in-substance mandate, and is an 

active participant in this rulemaking, having provided testimony at the Board's June 26, 2013 

hearing. 

The Board has proposed to update the ambient air quality standards contained in 35 Ill. 

Admin. Code Part 243, by "replac[ing] all existing Illinois ambient air quality standards with 

standards derived directly from the federal NAAQS codified in 40 C.F.R. 50." Opinion and 

Order of the Board, In the Matter of National Ambient Air Quality Standards. US EPA 

Regulations (through December 31, 2012), Rl3-ll at I (III.Poi.Controi.Bd. May 16, 2013) 

(hereafter cited as "Opinion and Order"). 
Elsctronic Filing- Rscivsd, Clsrk's DfficB: 07/1512013 -* * * PC# I * * * 

IERG supports the Board's efforts in this matter, and, as indicated in its testimony before 

the Board, agrees with many of the Board's decisions in adopting a framework to ease 

incorporation of future amendments to the federal standards. lERG's comments are intended to 

clarify a single issue that was discussed at hearing, dealing with when the 1979 primary and 

secondary ozone standards should be sunset. 

II. COMMENTS 

Testifying on behalf of !ERG, David Kolaz indicated that "the sunset of the 1979 

standard is actually triggered by the area designation for the 1997 eight-hour ozone standard and 

not the 2008 eight-hour ozone standard as the Board describes." Pre-Filed Testimony of David 

Kolaz, In the Matter of National Ambient Air Quality Standards, USEPA Regulations (through 

December 31, 2012), Rl3-ll at 3 (ll!.Po!.Control.Bd. June 19, 2013). The assertion that the 

1997 standard should be the basis for triggering the sunset of the 1979 standard was confirmed at 

hearing. Hearing Transcript, In the Matter of National Ambient Air Quality Standards, USEPA 

Regulations (through December 31, 2012), Rl3-ll at 8 (IJI.Po!.Control.Bd. July 1, 2013). 

The regulatory basis for Mr. Kolaz' s assertion is not complicated, but was not clearly 

articulated in !ERG's prior filings. The Board properly identifies 40 C.F.R. §50.9(b) (all 

references are to the 2012 Code of Federal Regulations) as specifying when the !-hour (1979) 

standard will no longer apply to an area (Opinion and Order at 50), but misinterpreted the 

reference to "the 8-hour ozone NAAQS" contained in the federal regulation to refer to the 2008 

8-hour standard (codified in 40 C.F.R. §50.15), rather than the I 997 8-hour standard (codified in 

40 C.F.R. §50.10) and specifically identified in the preceding sentence in §50.9(b). Further 

removing any potential for ambiguity in the interpretation of the regulation's meaning is the fact 

2 
Electronic Filing - Recived, Clerk's Office: 07/15/2013 -* * * PC# l * * * 

that the following clause in §50.9(b) was adopted on April 30, 2004(69 Fed. Reg. 23996) at 

which time, the I 997 standard was the only 8-hour ozone standard: 

The I -hour NAAQS set forth in paragraph (a) of this section will no longer apply 

to an area one year after the effective date of the designation of that area for the 8-

hour ozone NAAQS pursuant to section I 07 of the Clean Air Act. 

As Illinois' designations pursuant to the I 997 8-hour ozone standard were made effective 

on June 15,2004 (69 Fed. Reg. 23858, April 30, 2004), the 1979 !-hour standard could 

appropriately be sunset at any time I year after that date, and !ERG would encourage the Board 

to amend its First Notice proposal to do so. 

!ERG thanks the Board for its hard work on this rulemaking, and appreciates its 

consideration of these comments. 

Respectfully submitted, 

Dated: July 15, 2013 

Alec M. Davis 

General Counsel 

ILLINOIS ENVIRONMENTAL 

REGULATORY GROUP 

2 I 5 East Adams Street 

Springfield, Illinois 62701 

(217) 522-5512 

ILLINOIS ENVIRONMENTAL 

REGULATORY GROUP 

By: --~/~s/~A~I~e~c~M~.~D~a~v~is~---­

Aiec M. Davis 

3