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, 2012) ) (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 I021 North Grand Avenue Springfield ATTENDING BOARD MEMBER: Jennifer A. Burke HEARING OFFICER:
DATED: Michael J. McCambridge 312-814-6924 May 16,2013 

# lJ ORIGINAL

For the sake ofexpedience, the Hearing Officer encourages the pre-submission of testimony and exhibits, but will not require suchpre-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 thanJune 19, 2013.

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### HEARING OFFICER ORDER Scope ofthe Hearing1 The Board reserved this docket pursuant to Sections 7.2 and 1 O(H) ofthe 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 (USEPA) 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 proceedingis the initial rulemaking to implement this new identical-in-substance mandate. As such, this proceeding incorporates the existing NAAQSs that USEPAhas adopted and amended for over 40 years, up to December 31,2012. NAAQSs apply to ambient air, and each constitutes a determination ofthe maximum level ofa 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 ofDecember 31,2012, the federal regulations included 19 NAAQSs for six criteriapollutants: carbon monoxide, lead nitrogen oxides, ozone, particulate matter, and sulfur oxides. Sections 7.2 and !O(H) ofthe 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) ofSection 7.2, the Board shall adopt ambient airquality standards specifying the maximum permissible short-term and longterm concentrations ofvarious contaminants in the atmosphere; those standards shall be identical in substance to the national ambient air quality standards promulgated by the Administrator ofthe United States Environmental Protection Agency in accordance with Section 109 ofthe Clean Air Act. 415 ILCS 5/!0(H) (2012). Section 7.2 adds the following limitations relative to the scope ofthe Board's discretion: In the context ofa mandate that the Board adopt regulations to secure federal authorization ofa program, regulations that are "identical in substance" means State regulations which require the same actions with respect to protection ofthe environment, by the same group ofaffected persons, as would federal regulations if

1The Board does not usually hold public hearings on identical-in-substance rules. This hearing is held as required by Section 110 ofthe federal Clean Air Act (42 U.S.C. § 7410 (2011)), because this proceeding would entail a SIP revision.3
USEPA administered the subjectprogram in lllinois
.... [T]he Board shall adopt the verbatim text ofsuch USEPAregulations as are necessary and appropriate for authorization oftheprogram. 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 ormeaning ofany portion of the regulations. 415 ILCS 5/7.2 (2012). For these reasons, the Board lacks the discretion to address the technical merits ofany ofthe 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 ServiceLists Pursuant to 35 lll. Adm. Code 102.422, a notice and service list will be established. Persons on the notice list will receive notice ofall 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 I02.422(b). Persons on the service list will receive notice ofBoard 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 ofthe 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 ofCOOL, 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 ofLegal Counsel Illinois Environmental Protection Agency I021 North Grand Avenue, East P.O. Box 19276 Springfield, Illinois 62794-9276 Alec Davis Illinois Environmental Regulatory Group 215 East Adams Street Springfield, lllinois 6270I4

Michael J. McCambridge, Hearing Officer Illinois Pollution Control Board 100 West Randolph St., Suite 11-500 Chicago, Illinois 6060I To be placed on either the "Notice List" or the "Service List" contact the Hearing Officer at the address or phone numberbelow. 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 ofTestimony The Hearing Officer will allow the submission ofpre-filed testimony for the hearing. In the discretion ofthe Hearing Officer, pre-filed testimony will be entered into the record as ifread upon request ofthe testifying party, after that person has been sworn on the record. Pre-filed testimony for the hearing mustbe served upon all persons on the service list as of4:30 p.m., June 12, 2013. Persons may receive a copy ofthe service list either from the COOL system through the Board's website (www.ipcb.state.il.us) orby contacting the Hearing Officer or the Clerk oftheBoard (312- 814-3629) after 9:30a.m. on June 13,2013. All testimony must be submitted to the Board and all persons onthe 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 ofpublichearing 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. Ifthe Board adopts the rules, the Illinois Environmental Protection Agency (IEPA) will submit them to the United States Environmental Protection Agency (USEPA) as proposed revisions to the Illinois State Implementation Plan (SIP) for carbon monoxide, lead nitrogen oxides, ozone, particulate matter, and sulfur oxides. The SIPcontains Illinois' requirements to attain and maintain National AmbientAir Quality Standards (NAAQS) to protect publichealth 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. ThePublic Hearing will beheld on Wednesday, June 26, 2013, at 11:00 am at the Sangamo Building, Room 1119N, 1021 North Grand Avenue, Springfield, Illinois. The hearing is subjectto cancellation without notice and may be confirmed by calling the Office ofthe Clerk at 312/814-3461. A copy ofthe 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. Writtenpublic comments will be considered ifreceived orpostmarked by July 15,2013 and submitted to the Clerk's Office at the address above.Thomas Holbrook Chairman' CERTIFICATE OF PUBLICATION

STATE OF ILLINOIS } County of Jo Daviess, ss.

We do hereby certify that we are the publishers of The Gazette

a secular weekly newspaper regularly published in the City of

Galena, County of Jo Daviess and State of Illinois, for more

than six months prior to the first publication of attached notice,

and of general circulation in said county of Jo Daviess, State

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

has been published for Oh.e. successive week/s in

said newspaper, the first insertion being on the 22

,J day of

Mik? , 2013

, and the last on the 2.2 ;...!

day of !Na.q , 2013

, for which we charge

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## PROOF OF PUBLICATION

STATE OF ILLINOIS County ofWinnebago 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 ofthe 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_0CERTIFICATE OF PUBLICATION STATE OF ILLINOIS COUNTY OF ST. CLAIR ) ss. This is to certify that the undersigned Jay Tebbe is the president and publisher ofthe NEWS-DEMOCRAT a public and English secular newspaper of general circulation, which has been regularly published daily in the City ofBelleville, County ofSt. Clair and State ofIllinois, for at least one year prior to the first publication of the notice hereinafter mentioned, and that a notice ofwhich the annexed is a true printed copy, has been published in said newspaper ONCE, the publication thereof having been made in the issue ofsaid 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-P1208411CertificateofPublicationinTHESTATEJOURNAL-REGISTERbyGateHouseMediaIIJinoisHoldings,Inc.STATEOFILLINOISCOUNTYOFSANGAMONssGATEHOUSEMEDIAILLINOISHOLDINGS,INC.,DOESHEREBYCERTIFY:ThatitisacorporationdulyorganizedandexistingunderthelawsoftheStateofIllinois;Thatitisthepublisherof71teStateJournal-Register,aseculardailynewspaperprintedandpublishedintheCityofSpringfield,inSangamonCounty,IIJinois,andofgeneralcirculationinsaidCity,CountyandState;andthatitisanewspaperasdefinedin11AnActtorevisethelawinrelationtonotices11·IllinoisCompiledStatutes,Chapter715Sections1and5.Thatanoticeofwhichtheannexedisatruecopyhasbeenregularlypublishedinsaidnewspaperonetimeeachday;thatthefirstpublicationofsaidnoticewasontheeighteenthdayofMay,2013,andthelastpublicationthereofwasontheeighteenthdayofMay,2013,Thatthefaceoftypeinwhicheachpublicationofsaidnoticewasprintedwasthesameasthebodyoftypeusedintheclassifiedadvertisinginthenewspaperinwhichsaidpublicationwasmade;ThatsaidTheStareJournal-RegisterhasbeenregularlypublishedinsaidCity,CountyandStateforatleastoneyearPriortopublicationofsaidnotice.InWITNESSWHEREOF,saidGateHouseMediaIllinoisHoldings,Inc.,publisherasaforesaid,hasexecutedthisCertificateofPublicationbyitsOfficerorAgentthereuntodulyauthorizedthiseighteentltdayofMay,2013.GATEHOUSEMEDIAILLINOISHOLDINGS,INC.ByITSVICEPRESIDENTPrintersFee$179.39No.13-1064'.ILLINCi!Sr;)tLUTIONCONTROLAd #: 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 36-3279874 Air Quality S Thank you for giving us the opportunity to serve you! Ifyou 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 ofthe State of Delaware, licensed to do business in the State of Illinois, and states that it is publisher ofTHE 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 whereofthe 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 ofthe 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 Managerofthe 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

-


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# .
**~~~~&Q}~l/~** ' Notary PublicPOLLUTION 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

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**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 mon**o~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** Ihe Clerks omce. IPCB. &.rite 11-:500, Themp:;on Center, 100 We:;t AJ.ndO:ph St..

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

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**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.241Zi11i1111**u~"o;l:J.,..;;·.,-t>o~** •t-IHMl.,n<'!C·J•' ,.,.**'~ ~''t**  ":"'I'"'"**.,..,~,** ....**...,.~**...**~~** Ftto:). '"**•-~1\':J'** ••1


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## CERTIFICATE OF PUBLICATION MT. VERNON REGISTER-NEWS

STATE OF ILLINOIS JEfFERSON COUNTY 

# l J ss

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 ofJefferson 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 for and in its behalf. and to make an execute this certificate as aforesaid.
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 thereofhaving 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 NAT!ONAL AMBIENT AIR QUALITY STANDARDS, USEPA REGULAT!ONS, R I3-I I

Notice Size: Ix!5.14 Robert Dennis, Publisher Mt. Vernon Register-Newsn..o..by. Mlr)'21. 20L1



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# (!EPA ATTACHMENT NO.

# s

OFFICE OF THE SECRETARY OF STATE JESSE WHITE • Secretary ofState 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 92013 STATE OF ILLINOIS f'lollution Control Board

Your rules Listed below met our codification standards and have been published in Volume 37, Issue 22 ofthe Illinois Register, dated 5/3112013. ADOPTED RULES Water Quality Standards 35 Ill. Adm. Code 302 Point ofContact: Nancy Miller Tiered Approach to Corrective Action Objectives 35 Ill. Adm. Code 742 Point ofContact: Nancy Miller 7493

7506 OTHER INFORMATION REQUIRED BY LAW TO BE PUBLISHED IN THE ILLINOIS REGISTER Notice ofPublic Infonnation On Proposed Amendment Point ofContact: Mike McCambridge 7687 PROPOSED RULES Air Quality Standards 35 Ill. Adm. Code 243 7316 Point ofContact: Mike McCambridge Ifyou have any questions, you may contact the Administrative Code Division at

(217) 782- 7017.

Index Department- Administrative Code Division- 111 East Monroe Springfield, IL 62756ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 1) Heading ofthe 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 ofthe 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 ofMay 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 appearin the !1linois Register beforeproceeding to adopt amendments based onthis proposal. The Rl3-ll proceeding relates to the National Ambient Air Quality Standards (NAAQS) in 35 Ill. Adm. Code 243 ofthe Illinois airpollution control rules. These amendments would update the Illinois ambient air qualityregulations to include all current federal NAAQS as adopted and amended bythe United States Environmental Protection Agency (USEPA) through December 31,2012. USEPAhas codified the NAAQS in40 C.P.R. RECEIVED 

### MAY 20 2013 SOS-CODE DIV.ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 50. As such, this proceeding embraces USEPA actions that span theperiod from April 30, 1971 through December 31,2012. Tables appear inthe Board's opinion and order ofMay 16,2013 in Rl3-11that list numerous corrections and amendments that are notbased on current federal amendments. Thetables contain deviations from the literal text ofthe federal amendments underlying these amendments, as well as corrections and clarifications that the Board made inthe base text involved. Persons interested in the details ofthose corrections and amendments should refer to the May 16, 2013 opinion and order in R13-11. Section !O(H) ofthe Environmental Protection Act [415 ILCS 5/10(H)] provides that Section 5-35 ofthe Administrative Procedure Act [5 ILCS 100/5-35] does not apply to this rulemaking. Because this rulemaking is not subject to Section 5-35 ofthe APA, it is not subject to FirstNotice or to Second Notice review bythe 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 byreference? Yes. The amendments incorporate a number offederal regulations pertainingto monitoring for the criteria pollutants ofinterest. The amendments further incorporate a USEPA document that lists all methods that USEPA has designated for use in the required monitoring. 10) Statement ofstatewide policy objectives: These proposed amendments do not create or enlarge a state mandate, as defined in Section 3(b) ofthe 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 onthis proposed rulemaking: TheBoard will accept written public comment onthis proposal for a period of45 days after the date ofthis publication. Comments should reference Rl3-11 andbe addressed to:ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS
John T. Therriault, Assistant Clerk illinois Pollution Control Board State ofillinois 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 ultimatelyresult in submission to the United States Environmental Protection Agency ofan amendment to the state implementation plan (SIP). Section 11O(a)(2) of the Federal Clean Air Act (42 U.S.C.§ 7410(a)(2) (2011)) requires reasonable notice and hearingbefore 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 Avenue Springfield, Illinois Please direct inquiries to the following person and reference Rl3-11: Michael J. McCambridge StaffAttorney 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 ofthe 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 ofsmall businesses, small municipalities. and not-for-profit coroorations affected: This rulernaking may affect those small businesses, smallILLINOIS 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 ofIllinois. These proposed amendments do not create or enlarge a state mandate, as defined in Section 3(b) ofthe State Mandates Act. [30 ILCS 805/3(b) (2012)]. B) Reporting, bookkeeping or other procedures required for compliance: The existingrules and proposed amendments require extensive reporting, bookkeeping and otherprocedures, including emissions monitoring, annual reports, and maintenance ofoperating records. These proposed amendments do not create or enlarge a state mandate, as defined in Section 3(b) ofthe State Mandates Act. [30 ILCS 805/3(b) (2012)]. C) Tvnes ofprofessional skills necessarv for compliance: Compliance with the existing rules and proposed amendments may require the services ofan 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) ofthe 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 ofthe 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 ARule into Section Table (Repealed) AppenElix 243.APPENDIX B Section into Rule Table (Repealed) AppenElix 243.APPENDIX CPast Compliance Dates (Repealed) 243.TABLE A Schedule ofExceptional Event Flagging and Documentation Submission for New or Revised NAAOS AUTHORITY: Implementing £eetien Sections 7.2 and 10 and authorized by Section 27 ofthe 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 aadllflless a diffureat meaaillg efatefffi 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. Forthepurposes ofthis Part, terms listedbelow 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, incorporatedbyreference 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 ofthe 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 byreference in Section 243.108. "Exceedance ofa NAAOS"means one occurrence ofa measured or modeled concentration that exceeds the specified concentration level ofsuch standard for the averaging period specified by the standard. "Exceptional event" means an event that fulfills all ofthe following criteria:ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS The event affects air quality; The event is notreasonably controllable orpreventable; The event is an event caused byhuman activity that is unlikely to recur at a particular location or a natural event; and The event is determined by USEPA in accordance with 40 CFR 50.14 to be an exceptional event. An "exceptional event" does not include any ofthe following: Stagnation ofair masses ormeteorological inversions; A meteorological event involvinghigh temperatures orlack of precipitation; or Airpollution relating to source noncompliance. "Federal equivalentmethod" or "FEM"means a method for measuring the concentration ofan air pollutant in the ambient air that USEPA 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 bvreference in Section 243.108; the term "federal equivalent method" does not include a method for which USEPA has cancelled or superseded an equivalent method designation in accordance with 40 CFR 53.11 or 53 .16, as reflected in the incorporationby reference in Section243.108. 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 "includinglaterupdates" in this definition is intended to exclude methods canceled byUSEPA pursuantto 40 CFR 53.11 or 53.16 for which thecancellation is included in the updates to List of Designated Methods incorporated byreference in Section243.108. A federal designation ofan FEMbecomes effective uponpublication ofa notice in the Federal Register. A federal cancellation ofan 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 ofsampling and analvzing the ambient air for an air pollutant that USEP A has specified as aILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS reference method in an appendix to 40 CFR 50. incomorated byreference in Section 243.108. or a method that USEPA has designated as a reference method pursuant to 40 CFR 53 and which is included in List ofDesignated Methods. including laterupdates. incorporated byreference 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 byreference 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 bvUSEPA pursuant to 40 CFR 53.11 or 53.16 for which the cancellation is included in the updates to List ofDesignated Methods incorporated byreference in Section 243.108. A federal designation ofan FRM becomes effectiveupon publication of a notice in the Federal Register. A federal cancellation ofanFRM 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) ofa gram of a contaminant per cubic meter ofambient 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" (immediatelybelow). "Milligrams per cubic meter" or "mg/m3" means one thousandth (10'3) ofa gram ofa contaminant per cubic meter ofambient 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 ofEnvironment: Glossary, Abbreviations. and Acronvms" (December 1997), EPA 175-B-97-001, at p. 30. USEPA has codified the NAAOS at 40 CFR 50. BOARD NOTE: The Board added this definition based onthe definition in "Terms ofEnvironment: Glossary. Abbreviations, and Acronyms" (December 1997), document number EPA 175-B-97-001, USEPA. 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 theratio ofthe parts ofa specified contaminant to a billion parts ofair by weight (I:1

# o-9), as measured and determined bythe methods prescribed for that contaminant. BOARD NOTE: The Board added this definition and that for "parts per million" (immediatelybelow). derived from the parentheticals in 40 CPR 50.4(a) and (bl and 50.17Cal and the definition of"parts perbillion (ppb)/parts per million (ppm)" in "Terms ofEnvironment: Glossary, Abbreviations. and Acronvms" (December 1997), EPA 175 B-97-001. at p. 34. "Parts per million" or "ppm" means the ratio ofthe parts ofa specified contaminant to a million parts ofair bv weight (1: 1 

## o-6), as measured and determined bythe methods prescribed for that contaminant. BOARD NOTE: The Board added this definition and that for "parts per million" (immediatelybelow), derived from the parentheticals in 40 CFR 50.4(a) and (bl and 50.17(a) and the definition of"parts perbillion (ppbl/parts per million (ppm)" in "TenllS ofEnvirom11ent: Glossary, Abbreviations. and Acronyms" (December 1997). EPA 175-B-97-001. at p. 34. "PM 10" means particulate matter thathas an aerodynamic diameter less than or equal to a nominal I0 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 aNational Bureau ofStandards Standard Reference Material CNBS SRM), or a USEPA/NBS-approved Certified Reference Material CCRM). "USEPA" means the United States Environmental Protection Agency. BOARD NOTE: Derived from 40 CFR 50.l(c). The Board has used "USEPA" in segments oftext where USEPA has used "Administrator." where actionbyILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS USEPA 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 ofair eantaminants establishes far fue pufjlase afprateetingpublie 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 byUSEPA under section 109 ofthe CAA (42 USC 7409) and incorporated into this Part pursuant to 415 ILCS 5/7.2 and lOCH). ll) Thefirst use ofour airresources 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 afthe community. Adverse health effaets inelucle not anly th.e passillle produetiaa and aggravatian ofdisease, !Jut alsa interference with llodily funetians. The standards hfr'l•e also takea inta account soiling, eorrosian, vegetatian damage and otherhuman effeets. b) National primary ambient air quality standards (primary NAAOS) define levels of air quality that USEPA has judged arenecessary. with an adequate margin of safety. to protect the public health. National secondary ambient air quality standards (secondary NAAQS) define levels ofair quality that USEPA has judged necessary to protect the public welfare from any known or anticipated adverse effects ofa pollutant. Such standards are subject to revision. and additional primary and secondaryNAAOS maybe promulgated as USEPA deems necessary to protect the public health and welfare.

**~** Primary ara-hient air quality standards define levels ofair

**qt~ality** whleh are necessary, with an adequate margin ofsafety, ta J3roteet the ]3ublie health.ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS Seeoaearyameieat air quality stafleares Elefiae levels ofair quality ·.vhieh are aeeessary to protect the public welfare from 

### aay kao'Nn or aflticipatee ad-verse effects ofa pollutant. c) The promulgation ofprimary and secondary NAAOS must not be considered in any mannerto allow significant deterioration ofexisting air quality in anyportion ofthis State. d) The staadards are more than goals. They are legally enferceaale limitations, ana aayperson causiag er contributing to a vielatiea ofthe standards is sulljeet to eaforeemeat proceedings under the Aet. The standards have also eeea desigaed fer use as a 1Jasis fer the de••elopment ofimplementatioa plaas B)' State aad loeal ageacies fer the aaatemeat aad control ofpollatant emissioas from eKistiag soarces, and fer the determiaatioa ofair 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 ofIllinois, except as otherwiseprovided 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 oftheir adoptioa 

### •.viii he maiataiaed in its present high

**qt~ality.** 811eh ameieat air quality shall aothe lovrered ooless aad antil it is proved to the Illinois Baviro!Jffieatal Protection Ageaey

**(AgenCJ~** that the change isjustifioole as a result ofnecessary 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 CONTROLBOARD NOTICE OF PROPOSED AMENDMENTS Section 243.105 Air Quality Monitoring Data Influenced by Exceptional Events 

### a) Requirements. 1) The Agency may request USEPA to exclude from use in determinations data showing an exceedance ofan NAAQS that is directly due to an exceptional event. The Agency must demonstrate to USEPA 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 anyreliable and accurate data, but must demonstrate a clear causal relationship between the measured exceedance ofan NAAOS and the event in accordance with paragraph (c)(3)(D) ofthis section. b) Determinations byUSEPA. USEPA 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 ofexceedance ofan NAAOS where the Agency has demonstrated that an exceptional event caused a specific air pollution concentration in excess ofone or more NAAQS at a particular air qualitv monitoring location, and the Agency otherwise satisfies the requirements of40 CFR 50.14. 2) Fireworks displays. USEPA has statedthat it will exclude data from use in determinations ofexceedance ofan NAAQS where theAgencyhas demonstrated that emissions from fireworks displays caused a specific air pollution concentration in excess ofone or moreNAAQS at a particular air qualitv monitoring location, and the state otherwise satisfies the requirements of40 CFR 50.14. USEPA has stated that such data will be treated in the same manner as exceptional events under this rule, provided the Agencyhas demonstrated that such use offireworks 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. USEPA has stated that it will exclude data from use in determinations ofexceedance ofan NAAOS where the Agency hasILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS demonstrated that emissions from prescribed fires caused a specific air pollution concentration in excess ofone ormore NAAOS at a particular air quality monitoring location. and the Agency otherwise satisfies the requirements of40 CFR 50. 14, provided that such emissions are from prescribed fires that USEPA determines meets the definition of "exceptional event" in Section 243.101, and provided that the Agency has certified to USEPA that the State has adopted and is implementing a Smoke Management Program CSMPl orthe state has ensured that the burner employed basic smoke managementpractices. Ifan exceptional event occurs using the basic smoke management practices approach, the Agency must undertake a review ofthe State's approach to ensure public health is being protected and must include consideration ofdevelopment ofa SMP. BOARD NOTE: In each ofcorresponding 40 CFR 50.14(b)(]), Cblf2) and (b)(3), USEPA 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 ofan NAAOS." c) Schedules and Procedures. I) Public notification. The Agency or. where the Agency has delegated authority pursuant to Section 4(g).or (r) ofthe 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 mayresult in the exceedance ofan NAAOS. 2) Flagging ofdata. A) The Agency must notify USEPA ofthe State's intent to exclude one or more measured exceedance ofan NAAOS as being due to an exceptional eventbyplacing a flag in the appropriate field for the data record ofconcern that has been submitted to the federal air quality system (AOS) database. B) Flags placed on data in accordance with this Section mustbe deemed informational only. and the data mustnotbeexcludedILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS from determinations with respect to an exceedance ofan NAAOS unless and until after USEPA notifies the Agency ofUSEPA concurrence following the Agency's submittal ofa demonstration pursuant to subsection (c)(3) ofthis Section bvplacing a concurrence flag in the appropriate field for the data record inthe AOS database. 

### Cl Flags placed on data as being due to an exceptional event, together with an initial description ofthe event, must be submitted to USEPA not later than July 1st ofthe calendar year following the year in which the flagged measurement occurred. except as allowed under subsection (c)(2)(D) or (c)(2)(E) ofthis Section. D) This subsection (c)(2)(D) corresponds with 40 CFR 50.!4(c)(2)(iv), whichhas 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 byits own terms. This statement maintains structural consistency with the federal regulations. F) USEPA has stated that when USEPA sets a NAAOS for a new pollutant orrevises theNAAOS for an existing pollutant, USEPA 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 ofareas for those NAAOS. Table A to this Part provides the existing schedule for submission offlags with initial descriptions in AOS and detailed documentation. These schedules apply for those datathat will ormay influence the initial designation ofareas for those NAAOS. USEPA 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 orrevised NAAQS. 3) Submission ofdemonstrations. Al Whenthe Agencyhas flagged data as being due to an exceptional event and is requesting exclusion ofthe 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 USEPA to justify data exclusion not later than the sooner ofthree years following the end ofthe calendar quarter in which the flagged concentration was recorded or 12 months prior to the date that a regulatorv decision must be made byUSEPA. The Agency must submitthe public comments it received along withits 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 ofnormal historical fluctuations. including background; and iv) That there would have been no exceedance or violation but for the event. E) With the submission ofthe 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 ermebide 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 bythe United 8tfrtes Envirenmental Preteetiea Ageaey. (Source: Repealed at 37 Ill. Reg.
___ , effective
_________ .J 

### Section 243.107 Reference Conditions All measurements ofair quality that are expressed as mass perunit 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 ofmercury (1013.2 millibars). Measurements ofPM2.s, for moses ofcomparison 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). mustbereportedbased upon the actual ambient air volumemeasured at the actual temperature and pressure at the monitoring site during the measurementperiod. 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 byreference. These incorporations do not include any later amendments or editions: a) PararesaniliRemethed, 40 CPR 50, Cjljlendill A (1982). b) Nea disjlersive in-frared Sjleetremetryteeb.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 ofthe 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 ofthe NAAQS for P}.fg, 40 CFR 50, lljl]Jendix N, 73 Fed. Reg, 1497 (JanBary' 9, 2008). j) Interpretation oftheJ>!.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 ofthe 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 byreference are available from this source: Appendix A-1 to 40 CFR 50 (2012) (Reference Measurement Principle and Calibration Procedure for the Measurement ofSulfurDioxide 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 ofSulfur Dioxide in the Atmosphere (Pararosaniline Method)). referenced in Section 243.122. Appendix B to 40 CFR 50 (2012) (Reference Method for the Determination ofSuspended 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 ofCarbon 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 ofOzonein the Atmosphere). referenced in Section 243.125. Appendix F to 40 CFR 50 (2012) (Reference Measurement Principle and Calibration Procedure for the Measurement ofNitrogen Dioxide in the Atmosphere (Gas Phase Chemiluminescence)). referenced in Section 243.124. Appendix G to 40 CFR 50 (2012) (Reference Method for the Detennination ofLead in Suspended Particulate Matter Collected from Ambient Air). referenced in Section 243.126. Appendix H to 40 CFR 50 (2012) (lnter;pretation ofthe !-HourPrimary and Secondary National AmbientAir Oualitv Standards for Ozone). referenced in Section 243.125. Appendix I to 40 CFR 50 (2012) (Interpretation ofthe 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 ofParticulate 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 ofthe Primarv and SecondaryNational Ambient Air Quality Standards for Particulate Matter), referenced in Section 243.120. Appendix L to 40 CFR 50 (2012) (Reference Method for the Detem1ination ofFine Particulate Matter as PM2.s intheAtmosphere), referenced in Section 243.120. Appendix N to 40 CPR 50 (2012) (Interpretation ofthe 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 ofCoarse Particulate Matter as PM 10• 25 in the Atmosphere), referenced in appendix 0 to 40 CFR 50 and for use in federally required monitoringbythe NCore svstem pursuant to 40 CFR 58. Appendix P to 40 CFR 50 (2012) (Interpretation ofthe Primary and SecondaryNational Ambient Air Quality Standards for Ozone), referenced in 243.125. Appendix Q to 40 CFR 50 (2012) (ReferenceMethod for the Determination ofLead 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 oftheNational Ambient Air Quality Standards for Lead), referenced in Section 243.126. Appendix S to 40 CPR 50 (2012) (Interpretation ofthe Primary National Ambient Air Quality Standards for Oxides ofNitrogen (Nitrogen Dioxide)), referenced in 243.124. Appendix T to 40 CFR 58 (2012) (Interpretation ofthe PrimaryNational Ambient Air Quality Standards for Oxides ofSulfur (Sulfur Dioxide)), referenced in Section 243.122. CleanAir Act. 42 USC 7401 et seq. (2011) (fordefinitions ofterms only), referenced in Section 243.102.ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS
BOARD NOTE: Segments ofthe Code ofFederal Regulations and the United States Code are available for free download as PDF documents from the GPO FDsys website: http://www.gpo.gov/fdsys/. USEPA, National Exposure Research Laboratory, Human Exposure & Atmospheric Sciences Division CMD-D205-03), Research Triangle Park, NC 27711. The following documents incorporated byreference are available from this source: "List ofDesiguated Reference and Equivalent Methods" (December 17, 2012) (referred to as "List ofDesiguated 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 USEPA, Technology Transfer, Ambient Monitoring Technology Information Center website: http://www.epa.gov/ttn/amtic/ criteria.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 ofdays 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. ForEle!ermining conformance with the PM.f\).ameient air quality-standards, PMw shall eomeasuredeythe method descrieeEI in 40 CFR 50, atJflendiJt

### J or an equivalentmethod designatedjlursuat:t to 40 CFR 53 (incorporatedeyreference in Section 243.1 08). The standards are attained when the expected number ofdays per calendar year with a 24 hour averageILLINOIS 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 byreference 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€8ntratioaof35 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 measuredbythe method described ia 40 CFR 50, ilflpeadilt L or an equivaleat method desigaated pursaaat to 40 CFR 53 (iacorporeted byreforeace in 8ectioa 213 .I08). Compliat1ee with the standards is determined using the methods and procedures described in 40 CFR 50, ilflpendiK N (incorporated byreference in 8ectioa 2q3 .I08). I) The armual primary and secondaryPl\4;,; stansards are met when the annual arithmetic mean conceilffation, as determines in accordance ·.vith 

### q

0 CFR 50, ilflPeHsill 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-hourNAAQS for

**PM**

**10 ~**  1) The level ofthe 1987 primary and secondary 24-hourNAAOS for PM 10 is 150 !.Udm 3• 24-hour average concentration. The 1987 primary and secondaryNAAQS for PM10 is attained whenthe expected number of days yer calendar yearwith a 24-hour average concentration above 150 ug/m
. as determined in accordance with appendix K to 40 CFR 50, incorporatedbvreference 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 with40 CFR 51.6(b), a provision marked ''reserved" by USEPA. This statement maintains structural consistency with the corresponding federal regulation. 3) For thepurpose ofdetermining attainment ofthe 1987 primary and secondary 24-hourNAAOS for PM 10, particulatemattermustbe measured in the ambient air as PMIQ by a method that fulfills either ofthe following requirements: A) An FRM based on appendix 

### J to 40 CFR 50, incorporated byreference in Section243.108, and designated by USEPA and listed in List ofDesignated Methods, incorporated by reference in Section 243.108, or B) An FEM designated byUSEPA and listed in List ofDesignated Methods, incorporated byreference 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 ofa judicial vacatur, USEPA laterremoved the transitional provisionrelative to the 1987 NAAOS at 65 Fed. Reg. 80776 (Dec. 22. I000) 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-hourNAAOS 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 bya method that fulfills either ofthe following requirements: A) An FRMbased on appendix L of40 CFR 50, incorporated by reference in Section 243.108 and designated byUSEPA and listed in List ofDesignated Methods, incorporated byreference in Section 243.108; or B) An FEM designated by USEPA and listed in List ofDesignated Methods, incorporated byreference in Section 243.108.

### ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 of40 CFR 50. incorporated byreference in Section 243.108. is less than or equal to 15.0 ug/m3• 

### 3) The 1997 primary and secondary 24-hourNAAOS for PM2.s is met when the 98th percentile 24-hour concentration. as determined in accordance with appendix N of40 CFR 50, incorporated bvreference 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 bythe 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-hourNAAOS 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 ofthe following requirements: A) An FRM based on appendix L of40 CFR 50, incorporated by reference in 

### Section 243.108 and designated by USEPA and listed in List ofDesignated Methods. incorporated by reference in Section 243.108; or B) An FEM designated byUSEPA and listed in List ofDesignated Methods. incorporated bvreference 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 of40 CFR 50, incorporated byreference in Section 243.108. is less than or equal to 15.0 ug/m3

.ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 3) The 2006 primary and secondarv 24-hourNAAOS for PM".s is met when the 98th percentile 24-hour concentration. as determined in accordance with appendix N of40 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 diellidebythe pararesallilille methea deserised in 40 CFR 50, appellailt A, (illeerporated byrefereHee ill Seetien 243.I08), er l3y all eE!uivaleat methoa ofpreefappreved bythe AgBf!ey. a) 1971 primary annual average and 24-hour NAAOS for sulfur oxides Cas sulfur dioxide CS(h}1 1) The level ofthe 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 berounded to three decimal places (fractional parts equal to or greater than 0.0005 ppm mustberounded up). 2) The level ofthe 1971 primary 24-hourNAAQS 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-hourILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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 mustbe measured in the ambient air as SO? bvthe FRM described in appendix A-2 to 40 CFR 50, incorporated by reference in Section 243 .I08, orby an FEM designated by USEPA 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 mustbebased upon hourly data that are at least 75 percent complete in each calendar quarter. A 24-hourblock average mustbe considered valid ifat least 75 percent ofthe 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 ofthe available hourly averages using the number of hours (i.e., 18, 19, etc.) as the divisor. Ifless than 18-hour averages are available, butthe 24-hour average would exceed the level ofthe standard when zeros are substituted for the missing values. subject to therounding rule ofsubsection Cbl ofthis Section, then this must be considered a valid 24-hour average. Inthis case, the 24-hourblock average mustbe computed as the sum ofthe available hourly averages divided by24. 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 ofthe 2010 primary one-hour NAAOS for sulfur oxides in subsection {c) ofthis 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 ofthe conditions recited by USEPA in corresponding40 CFR 50.4(e). BOARD NOTE: Corresponding 40 CFR 50.4(e) recites that the 1971 primaryNAAOS for sulfur oxides remains effective in two types ofareas for which USEPA has not yet approved an implementation plan for attainment with the 2010 primary one-hour NAAQS for sulfur oxides. Thefirst type ofarea is one that USEPA had designated as non-attainment for that standard as ofthe effective date ofthe 20I0 primary one-hour NAAQS for the 1971 primary NAAOS for sulfur oxides as ofthe effective date ofthe 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 ofthat date. USEPA had not designated any area in Illinois as non-attainment. See 40 CFR 81.314 (2010). The Board is unaware ofany USEPA SlP call for any area oflllinois relative to the 1971 primaryNAAQS for sulfur oxides. As ofDecember 31, 2012, USEPA had not yet designated the attainment status ofareas in Illinois. See 40 CFR 81.314 (2012). The Agencv recommended that USEPA designate limited areas ofIllinois as non-attainment with the 2010 primary· one-hour NAAQS. See letter ofJune 2, 2011 from Laurel Kroack. Chief. Bureau ofAir. Agency, to Cheryl A. Newton. Director, Office ofthe Air and Radiation Division. USEPA Region 

### 5 (available at http://www.epa.gov/so2designations/recletters/ R5 IL rec wtechanalysis.pdf). When the conditions ofthis subsection (a)(5) havebeen fulfilled. orUSEPA has removed 40 CFR 50.4. the Board will remove the standard ofthis subsection (a) as obsolete. b) 1971 secondary three-hour NAAQS for sulfur oxides (as SOz1 1) The level ofthe 1971 secondary three-hourNAAOS for sulfur oxides is 0.5 PPm. not to be exceeded more than onceper calendar year. The threehour averages must be determined from successive non-overlapping threehourblocks starting at midnight each calendar day and must berounded to one decimal place (fractional parts equal to or greater than 0.05 ppm must be rounded up). 2) Sulfur oxides mustbemeasured in the ambient air as S02 by the FRM described in appendix A-2 to 40 CFR 50. incorporated byreference in Section 243.108. or by an FEM designated by USEPA and listed in List of Designated Methods, incorporated byreference in Section 243.108. 3) To demonstrate attainment. the second-highest three-hour average must be based upon hourlydata that are at least 75 percent complete in each calendarquarter. A three-hourblock average must be considered valid only ifall three hourly averages for the three-hour period are available. If only one ortwo hourly averages are available, but the three-hour average would exceed the level ofthe standard when zeros are substituted for the missing values, subject to the rounding rule ofsubsection (b)(l) ofthis Section. then this mustbeconsidered a valid three-hour average. In all cases. the three-hourblock average must be computed as the sum ofthe hourly averages divided bythree.ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS
BOARD NOTE: This subsection Cbl is derived from 40 CPR 50.5 (2012). c) 2010 primary one-hour NAAQS for sulfuroxides (as SOU, 1) The level ofthe 2010 primary onechour NAAQS for sulfur oxides is 75 ppb. measured in the ambient air as SO, 2) The 2010 one-hourprimaryNAAQS for sulfur oxides is met at an ambient air quality monitoring site when the three-year average ofthe annual (99th percentile) ofthe 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 bvreference in Section 243.108. 3) The level ofthe 2010 one-hourprimaryNAAQS for sulfur oxides mustbe measured by a FRM based on appendix A-1 orA-2 of40 CPR 50. incorporated byreference in Section 243.108. orby a FEM designated by USEPA and listed in List ofDesignated Methods. incorporatedby reference in Section 243.108. BOARD NOTE: This subsection (c) is derived from 40 CPR 50.17 (2012). The 1971 primaryNAAQS for 

## so, remains in effect until the federal conditions of40 CPR 50.4(e) have been fulfilled. as outlined in subsection (a)(5) ofthis 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 oneejler year of40 milligrams ]leT euaie meter (33 jlpm). a) Measmernent Methed. For determining eonfonmmee witl: the earaon menoxide air**qt~ality** standard, earsen menmdde shall ae measmed aythe nendis]lersiveILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 

### 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 primaryNAAOS for carbon monoxide are as follow: ]) An eight-hour average concentration of9 ppm (]0 mg!m\ notto be exceeded more than onceper year; and 2) A one-hour average concentration of35 ppm ( 40 mg!m\ not to be exceeded more than once per year. b) The levels ofcarbon monoxide in the ambient airmust be measured by a method that fulfills either ofthe following requirements: 1\ An FRM based on appendix C of40 CFR 50. incorporatedbyreference in Section 243.108, and designated by USEPA and listed in List of Designated Methods, incorporated byreference in Section 243.108, or 2\ An FEM designated by USEPA and listed in List ofDesignated Methods. incorporated byreferencein Section 243.108. c) An eight-hour average concentration must be considered valid ifat least 75 percent ofthe hourly average for the eight-hourperiod 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 ofthehours availableusing six (or seven) as the divisor. d) When summarizing data for comparison with the standards, averages must be stated to one decimal place. Comparison ofthe data with the levels ofthe standards inppm must be made in terms ofintegers with fractional parts of0.5 or greaterrounded up, BOARD NOTE: This Section is derived from 40 CFR 50.8 (2012). (Source: Amended at 37 

### ill. Reg.------'' effective
_________ _,

### ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS 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!, orby aR eqHiva!eRl rnethoEI GJlJlFOVeEI bythe Ageney. a) The level ofthe 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 ofthe 2010 primary one-hourNAAOS for nitrogen oxides is 100 ppb. one-hour average concentration. measured in the ambient air as NO,_ c) The level ofthe 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 ofthe standards in subsections (a) through (c) ofthis Section must be measured by: 1) A FRM based on appendix F to 40 CFR 50. incorporatedbyreference in Section 243.108. and designated byUSEPA and listed in List of Designated Methods. incorporated byreference in Section 243.108: or 2) By a Federal FEM designated by USEPA and listed in List ofDesignated Methods. incorporated byreference in Section 243.108. e) The 1971 primary annual average NAAOS for nitrogen oxides in subsection (a) of this Sectionis 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 of40 CFR 50. incorporated byreference in Section 243.108 for the annual standard. f) 

### The 2010 one-hour primaryNAAOS for nitrogen oxides in subsection (b) ofthis Section is met when the three-year average ofthe annual 98th percentile ofthe daily maximum one-hour average concentration is less than or equal to 100 ppb.ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS
as determined in accordance with Appendix S of40 CFR 50, incomoratedby reference in Section 243.108 for the 1-hour standard. g) The 1971 secondary annual average NAAOS for nitrogen oxides in subsection (c) ofthis 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 berounded 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. Theprimary aaa seeenaary ambieat air quality staaaaras fer ezene are 0.075 ppm (parts permillie!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 byreferooee in Seetien 243 .I08) 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 efthe 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 eyrefereflee in Seetiefl 243.108). a) 1979 primary and secondary one-hour NAAOS for ozone. 1) The level ofthe 1979 primary and secondarv one-hour NAAOS for ozone measured by an FRMbased on appendix D to 40 CFR 50, incorporated by reference in Section 243.108 and designated by USEPA and listed in List ofDesignated Methods, incorporated by reference in Section 243.108, is 0.12 ppm (235 uglm\ The NAAOS is attained when the expected number ofdavs per calendar year with maximum hourly averageILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS concentrations above 0.12 ppm (235 u.g/m3) is equal to orless than 

### 1. as determined by appendix H to 40 CPR 50, incorporated byreference 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 ofthe 2008 eight-hourprimary and secondary NAAOS for ozone set fo1th in subsection (b) ofthis Section. USEPA 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 ofthe designation ofthat area by USEPA pursuant to 42 UCS 7407 for the 2008 eight-hourprimarv and secondary NAAOS for ozone. USEPA has codified the area designations and classifications withrespect to the primary and secondary 1997 onehourNAAOS 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). USEPA 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 onehourNAAOS for ozone, note 3; 70 Fed. Reg. 44470, 75 (Aug. 3, 2005). USEPA's state implementation plan (SIP) regulations, however, provide that the State may first apply for modification ofthe 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 of50 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, measuredby a FRMbased on appendix D to 40 CPR 50, incorporated by reference in Section 243.108 and designated byUSEPA and listed in List ofDesignated Methods, incorporated byreference 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 ofthe annual fourth-highest daily maximum eight-hour average ozone concentrationisILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS less than or equal to 0.08 ppm, as detennined in accordance with appendix I to 40 CPR 50. incorporatedbyreference in Section 243.108. 3) USEPA 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) ofthis Section will no longer apply to an area for transportation conformitypurposes one year after the effective date of USEPA designation ofthat area pursuant to 42 USC 7407 for the 2008 primarv and secondary eight-hour NAAOS set forth for ozone in subsection (c)(l) ofthis 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) ofthis Section orthe USEPA designation ofareas for that 2008 primary and secondary eight-hour NAAOS for ozone. BOARD NOTE: USEPA has codified area designations and classifications withrespect to the 1997 and 2008 primary and secondary NAAQS for ozone in 40 CFR 81.314. When USEPA has taken action and the conditions ofsubsection {b)(3) havebeen fulfilled, or USEPA 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 byreference in Section 243.108, and designated by USEPA and listed in List ofDesignated Methods, incomorated by reference in Section 243.108 or an FEM designated by USEPA and listed in List ofDesignated Methods. incomoratedby reference in Section 243.108. 2) The 2008 primary and secondary eight-hourNAAQS for ozone ambient air quality standards are met at an ambient air quality monitoring site when the three-year average ofthe annual fourth-highest daily maximumILLINOIS REGISTER POLLUTION CONTROLBOARD NOTICE OF PROPOSED AMENDMENTS eight-hour average ozone concentrationis less than or equal to 0.075 ppm. as determined in accordance with appendix P to 40 CFR 50. incomorated byreference 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 rollingtbFee meRlfl averagemeasured aRd determiaed ever a three yearperiod. 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 40 CFR 53, oray an eEj_UivaleRt metl!od desigRated iR aeeordaaee witl! 40 CFR 53 (ineOIIJOrated eyrefereaee ia Seetioa 2 43.1 08).. Compliaaee wi!h !heprimary aad sec-{lndary ameiORt air qaality staadaffis shallae determiRed in aeeordaRee witl! 40 CFR 50, appendiJl R (iaeoiiJoratedbyrefurenee in 8eetien 243.108). a) 1978 primary and secondary quarterly averageNAAOS for lead. I) The 1978 primary and secondary quarterly averageNAAQS forlead and its compounds, measured as elemental leadbv an FRMbased on appendix G to 40 CFR 50. incomoratedbyreference in Section 243.108. and designated by USEPA and listed in List ofDesignated Methods, incomorated byreference in Section 243.108. orbv an FEM designated by USEPA and listed in List ofDesignated 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 secondaryquarterly 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) ofthis Section. The 1978 primary and secondary quarterly averageNAAQS for lead set forth in this subsection (a) will no longerILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS applyto an area one year after the effective date ofthe designation ofthat 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) ofthis 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 ofJanuary 12, 2009. the 1978 primary and secondary NAAQS for lead set forth- in this subsection (a) will apply until USEPA has approved an implementation plan for that area pursuant to 42 USC 7514 providing for attainment or maintenance ofthe 2008 primary and secondary three-month average NAAOS for lead set forth in subsection (b) ofthis 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 of40 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 secondarythree-month average NAAOS for lead in 2010 and an area ofChicago in 2011. USEPA designated all other areas ofIllinois 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. 2010) (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 ofthe following: A) An FRM based on Appendix G of40 CFR 50. incorporated by reference in Section 243.108 and designated by USEPA and listed in List ofDesignated Methods. incorporatedbyreference in Section243.108 or;ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS B) An FEM designatedbyUSEPA and listed in List ofDesignated Methods. incorporated byreference 

### in Section 243.108. 2) The 2008 primary and secondarv three-month average NAAQS for lead are met whenthe maximum arithmetic three-month mean concentration for a three-yearperiod. as determined in accordance with Appendix R of 40 CPR 50. incorporated byreference 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\ppeadix 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. , effectiveILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OFPROPOSED AMENDMENTS 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 ofExceptional Event Flagging and Documentation Submission for New or Revised NAAQS Air gualitv NAAOS data collected Event flagging & Detailed (Levell for calendar initial descriQtion documentation Regulatory Citations year deadline submission deadline 2006 24-hour PM2.5 2004-2006 (35 ug/m 3) 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} ofthe calendar guarter ofthe calendar guarter 73 Fed. Reg. 16436 (Mar. in which the event in whichthe event 27, 2008} occurred or February occurred or Februarx 5. 20I0, whichever 5. 2010. whichever date occurred first date occurred first 20I0 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 ofthe calendarquarter 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 ofthe calendar quarter in which the event occurred orMarch 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 ofrevised deadlines only applies to data that USEPA will use to establish the final initial designations for new orrevised NAAOS. USEPA stated that the general schedule in this table applies for all other purposes. most notably, for data that USEPA will use forredesignations to attainment. Corresponding table 1 to 40 CPR 50.14(c)(2) cites the 2010 one-hourNAAOS for nitrogen oxides as "80-100 PPB. fmallevel TBD" and the 2010 onehourNAAQS for sulfur oxides as "80-100 PPB, fina1level TBD." The adopted 2010 one-hour NAAOS for NO, at 40 CPR 50.11(£) is 100 ppb and the adopted 2010 one-hourNAAQS 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 orunchanged, 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 ofState 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 292013 STATE OF ILLINOIS

**~'>ollution** Control Board



### Your rules Listed below met our codification standards and have been published in Volume 37, Issue 22 ofthe Illinois Register, dated 5/31/2013. ADOPTED RULES Water Quality Standards 35 Ill. Adm. Code 302 Point ofContact: Nancy Miller Tiered Approach to Corrective Action Objectives 35 III. Adm. Code 742 Point ofContact: Nancy Miller 7493

7506 OTHER JNFORMA TION REQUIRED BY LAW TO BE PUBLISHED IN THE ILLINOIS REGISTER Notice ofPublic lnfonnation On Proposed Amendment Point ofContact: Mike McCambridge 7687 PROPOSED RULES Air Quality Standards 35 Ill. Adm. Code 243 7316 Point ofContact: Mike McCambridge 

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

(217) 782-7017.

Index Department- Administrative Code Division- Ill East Monroe Sptingfield, IL 62756ILLINOIS 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 ofPublic 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 orsubmittals to theU.S. Environmental Protection Agency (USEPA). The Board will accept written comments on theproposed rule that will form the basis for the SIP proposal until45 days afterthe date ofthis issue oftheIllinois Register, and a public hearing will occur in Springfield aod Chicago on June 26,2013. The Board presently aoticipates adoption ofIllinois ambient airquality staodards that are identical-in-substaoce to federal National Ambient Air Quality Standards (NAAQS) onJuly 25, 2013. Section lO(H) ofthe Act (415 ILCS 5/lO(H), as added byP.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 ofvarious contaminants in the atmosphere; those staodards shall beidentical in substance to the national ambient air quality standards promulgated by
... the United States Environmental Protection Agency in accordaoce with Section 109 ofthe Clean Air Act [(42 U.S.C. 

### § 7409)]." 415 ILCS 5/lO(H). In addition, Section 9.l(e) ofthe Act requires the Board to conduct this rulemaking pursuant to Section 7.2(b) ofthe Act (415 ILCS 5/7.2(b) (2012)) for adoptingrules that are "identical in substaoce" to the federal requirements. OnMay 16, 2013, the Board adopted a proposal for public comment in docket Rl3-ll to initiate adoption oftheNAAQS 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 ofProposed Amendment appears in today's issue oftheIllinois Register relative to the docket Rl3-ll proposal. The Board expects thatthe Illinois Environmental Protection Agency (Agency) will submit the present amendments as a revision to the illinois SIP for ozone pursuaot to section 110 ofthe federal Clean Air Act (42 U.S.C. 

### § 7410(a) (201 0) aod the implementing USEPA regulations. See 40 C.F.R. 

### § 51.102 and appendix V (2010). Section lO(H) ofthe Act [415 ILCS 5/lO(H)] requires the Board to "provide for notice, a hearing ifrequired by [USEPA], aod public commentbefore adopted rules are filed with the Secretary of RECEIVED 

### MAY 20 20\3 SOS-CODE DIV.ILLINOIS REGISTER POLLUTION CONTROLBOARD NOTICE OF PUBLIC INFORMATION ON PROPOSED AMENDMENT State." As USEPA will require the Stateto 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 hearingin this matter to occurbyteleconference at two locations, as follows: 11:00 a.m., June 26, 2013 Sangamo Building, Room1119N 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 oftheseproposed amendments appears in theIllinois Register. Anyone may file a public comment with the Board at: Office ofthe 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 clearlyrefer to docket number Rl3-11. Therecord 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 ofthe Clerk. The documents are also freely available online at the Board's webpage: www.ipcb.state.il.us. Therecord will not include a copy ofthe following documents, which are all otherwise publicly available:

• The various FederalRegister 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 intheBoard'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, StaffAttorney Pollution Control Board I00 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 orsubmit documents to the following person: John T. Therriault, Assistant Clerk ofthe 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 ofthe public comment period, the Board will promptly issue an opinion and order adopting final rule amendments. The Board presently anticipates adoption ofthe amendments on July 25, 2013. The Board will then file the amendments with the Office ofthe Secretary ofState, and a Notice ofAdopted Amendments will appear inthe Illinois Register. Any Agency submission ofthe associated SIP revision to USEPA 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. IEPA ATTACHMENT NO.

# L

I appreciated the opportunity to answer questions about the

**Rr3~u** NAAQS proceeding this morning. I attach a copy ofthe 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 theJune 2, 20II letter from Laurel Kroack to USEPA in which the Agency recommended area designations for sulfur oxides. You stated that USEPA may be near finalizing area designations that would differ from those proposed by the State in that letter. You related that !ERG and members ofthe 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 newJanuary 15, 2013 NAAQ;> for PM are not included in this proceeding. The new NAAQ;) will be the subject ofthe R14'6 proceeding, which will consider all federal amendments that occurred fromJanuary r, 2013 throughJune 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)

1IEPA 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 12013- 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 23 241 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 toPage 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 24Page 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, 2017Page 

### 14 A begins 9:4 corrected 8:21 EXHIBITS 3:7 2:7,I0,11,19 A.D 1:1613:22 bcha1f2: 14 4:24 Countyl:12 existing4: 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 11:2 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 incorrect7:20 Administrative Bm·ke2:17 4:8 date 9:2 follows 7: 14 8:16

4:16 6:18 David 5:10 foregoing 13:12 inform 11:9,17 adopted4:11 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

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... 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 appearing4:20 13:9 due 10:14 Grand 1:14 2:10 Kolaz 5:4,5,8,8 appears9:4 City 13:9 duly 7:13 Group 2:6 5: I 5:10 6:6,9 7:7 apply9:5,9,12 Closing3:5

9:22 Code4:1611:16 E H L applying9:18 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 left4:9 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-hour7: 19 3:3,4,5 4:2,3,7 lingering 8: 13 13:7,18 concluded 12:2 emphasize9:20 4:22 5:2,6,9,17 9: I I asking7:6 concludes9:3 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 attempts4:12 considers4:10 entered 5:22 10:1611:3,14 attending4:8,8 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 backsliding9:22 correct7:21 ERG4:23 5:1 identify4:18 MARKED3:7 basically 4:12 8:17 9:7 10:13 11:19 5:24 Matoesian2:13 10:5 10:14 13:13 Examination Illinois 1:1,13 4:19,19 6:13 3:4 1:13,15 2:2,3,6 10:17,19.23

### Page 15 11:2,13 Oh II

### :2 quality I 

### :5 4:4 revoked 8:8 9:9 sunset 6:21 7:1 MATTER 1:3 Okay 5:9,13,17 4:13,15 8:7 9:10,17 8:2,6,9 McCAMBRI
... 6:4,10 7:5,7 9:13,17,24 right4:7 5:8 sunsetting7:23 I 

### :10 2:4 4:2.6 8:14.19 9:15 question 7:6 8:18,1810:8 supposed 10:21 4:22 5:2,6,9,17 10:16 11:2,13 8:14 11:20 sure5:5 6:20 5:23 6:4,10,14 II 

### :24 questions 5:19 Room 1:15 swear 7:9 6:19 7:5,8,16 once9:17 6:11,12,15,17 RPR 1:11 13:7 sworn 7:6,10,14 10:16 11:3,14 one-hour 7:23 6:18,20 11 :23 13:18 13:21 11 :22 8:1,6 9:5 11:24 mean 11:12 opinion 6:23,24 

## s T means 13:10 7:3,23 8:5 R S2:1 T7:15,15 Member4:7,9 ozone7:1,18:3 R2:1 7:15 saith 7:14 ta]{en 1:10 13:14

6:15,17,18 8:4,12 9:5 R13-11 1:5 4:3 Sangamo 1:15 testimony 5:3 MEMBERS Randolph 2:2 secondary7:18 6:7,12,15

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### ,8 I

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### 13:13 transcript 1:9 mistaken I

### 0:2 PAGES 3:2 5:146:1 Sims 5:21 6:2.2 13:13 

### Mohr2:20 paragraph 9:3 reference 7:22 10:21,24 trigger 8:16 9:2 part4:16 8:7 references 7:18 S0210:11,12 9:19

___ N_
__ 

### pass 9:3 8:15 soon 10:22 true 13:12 N2:1 3:1 7:15 person 5:24 referred 8:2 Springfield I:

### 15

7:15 petition 8:24 regard 6:12,15 2:7,11 

## u NAAQS 7:1,2 place9:14 10:1 10:11 

## ss 13:3 underneath 8:24

9:5 II

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### :6 Regulatory2:6 standards 1:6 4:139:17 North 1:14,14 pre-fded5:3 5:1 4:4,14 8:7,10 10:12,18

2:10 PRESENT2:16 Remarks3:5 state 1:12 7:19 

## v notary 1:11 prevent 9:22 removing 9:19 9:18,21 13:2,8 V7:12 13:19,24 primary7: 18 reported 13:10 13:10 noted 8:20 proceeding4: I

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### :9 13:8 status I

### 0: I

### 7 violated I

### 0:7 number 10:6 5:22 12:3 request II

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### 5:23 6:4,10,14 public 1:11 4:3 responses II:

### 18 13:21 witness 7:9, I

### 0 6:19 7:5,8,16 11:1813:19,24 rest11:19 succeeding 11:7 10:16 11:3,14 reviewing 7:24 Suite2:3 7:13 11:22 Q 

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## z z 7:12 0 1 1 1:7 10 3:4,5 1002:2 10211:142:10 11-500 2:3 11:001:16 123:5 16th4:11 19276 2:11 1979 7:1,23 8:1

8:69:1,5 1997 7:20 8:3,10

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50 6:24 3

4



### 5 552-5512 2:8 6 606012:3 627012:7 62794-9276 2:11 7 73:3,4 782-5544 2: 12 8 81.314 I 0:4 814-34612:4 

### Page 16CO-CHAIR: SEN. DON HARMON CD-CHAIR: REP. TIM SCHMITZ EXECUTIVE DIRECTOR: VICKI THOMAS

TO:


### FROM:
DATE: RE: 

### .JOINTCOMMITTEE ON ADMINISTRATIVERULES ILLINOIS GENERAL ASSEMBLY

700 STRATTON BUILDING SPRINGFIELD, ILLINOIS 62706

**217f785·225~** ·-· 

### ·MEMORANDUM IEPA 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 YLIJ13 STATE OF ILLINOIS 

### Pollution Control Board
Thomas Holbrook, Chairman Pollution Control Board 

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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) ofthe Administrative Procedure Act, JCAR is requesting from your agency an analysis ofthe economic and budgetary effects ofthe 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 bythe time the agency submits its Second Notice on this rulemaking. JCAR staffwill contact you ifthey 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 ofJCAR as part ofthe staffs review ofthis issue. Thank you for your cooperation. Ifyouhave 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
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# 1 () !EPA ATTACHMENT NO.-



### BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

Rl3-11 IN THE MAITER 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 ofthe Board lllinois Pollution Control Board 100 W. Randolph Street Suite 11-500 Chicago, Illinois 6060I (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) (SEEPERSONS ONATTACHED SERVICELIST) PLEASE TAKENOTICE that I have today filed with the Office ofthe Clerk ofthe Illinois Pollution Control Board the FIRST NOTICE COMMENTS OF THE ILLINOIS ENVIRONMENTAL REGULATORY GROUP, copies ofwhich 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
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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 ofthe Board Illinois Pollution 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 

### I021 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 I00 West Randolph Street, Suite 11-500 Chicago, Illinois 6060I 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
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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF: ) NATIONAL AMBIENT AIR QUALITY ) STANDARDS, USEPAREGULATIONS ) (through December 31, 2012) ) R13-11 (Identical-in-Substance Rulemaking- Air)



### FIRST NOTICE COMMENTS OFTHE 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 ofthe Board's proposed amendments to its air pollution regulations pursuant to Sections lO(H) and 7.2(b) ofthe Illinois Environmental Protection Act. 415 ILCS 5/IO(H) and 5/7.2(b). !ERG was involved in the adoption ofPublic 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 ofthe Board, In the Matter ofNationalAmbientAir 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
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IERG supports the Board's efforts in this matter, and, as indicated in its testimony before the Board, agrees with many ofthe Board's decisions in adopting a framework to ease incorporation offuture 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 behalfof !ERG, David Kolaz indicated that "the sunset ofthe 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 ofDavid Kolaz, In the Matter ofNationalAmbientAir 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 ofthe 1979 standard was confirmed at hearing. Hearing Transcript, In the Matter ofNationalAmbientAir 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 ofFederal 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 I997 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 ofthe regulation's meaning is the fact



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# Electronic Filing

- Recived, Clerk's Office: 07/15/2013

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that the following clause in §50.9(b) was adopted on April 30, 2004(69 Fed. Reg. 23996) at which time, the I997 standard was the only 8-hour ozone standard: The I-hourNAAQS set forth in paragraph (a) ofthis section will no longer apply to an area one year after the effective date ofthe designation ofthat area for the 8- hour ozone NAAQS pursuant to section I07 ofthe Clean Air Act. As Illinois' designations pursuant to the I997 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 anytime 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 ofthese comments.
Respectfully submitted,

Dated: July 15, 2013
Alec M. Davis General Counsel ILLINOIS ENVIRONMENTAL REGULATORY GROUP 2 I5 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

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