## ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021 North Grand Avenue East, P.O. Box 19276, Springfield, Illinois 62794-9276. (217) 782-2829 James R. Thompson Center, 100 West Randolph, Suite 11-300, Chicago, IL 60601 • (312) 814-6026 PAT QUINN, GOVERNOR
217/785-4140 217/782-9143 (TDD)
August 9,2011

Ms. Cheryl A. Newton, Director Office ofthe Airand Radiation Division U.S. Environmental Protection Agency, Region V (R18J) 77 WestJackson Boulevard Chicago, Illinois 60604-3507 

# RECEIVED AUG 11 2011 AIR ENFORCEMENT BRANCH U.S. EPA REGION 5

Re: T1}e State ofIllinois' 110(a) SIP Requirements for the 2006 NAAQS for PM2.5
DearMs. Newton:
I am writing to confirm thatthe State ofIllinois continues to retain the resources necessary to evaluate ambient air quality, develop plans to attain new and existing ambient airquality standards, meetthe applicable requirements ofthe new source review program, and effectively enforce all applicable requirements. Specifically, the Illinois Environmental Protection Agency ("Illinois EPA") has the authority and resources to implement and satisfactorily complete the requirements listed below as setforth in Section 110 ofthe Clean Air Act ("CAA") for the currentNational AmbientAir Quality Standards ("NAAQS"). Specifically, the Illinois EPA meets the current applicable requirements ofSection 110 ofthe CAA for the 2006 revision for the 24-hourPM 2.5 NAAQS. The State Implementation Plan ("SIP") elements listedbelow are required under Section 11O(a)(l) and (2). Section 11O(a)(l) provides the procedural and timing requirements for SIPs. Section 110(a)(2) lists the basic or "infrastructure" elements that all SIPs must contain. 

### Emission limits and other control measures: Section 110(a)(2)(A) requires SIPs to include enforceable emission limitations and othercontrol measures, means or techniques, as well as schedules for compliance, as appropriate to meetthe applicable requirements ofthe CAA. The Illinois EPA continues to monitorand implementneeded revisions to its SIP. The Illinois Environmental Protection Act ("Act") provides the Illinois EPA withthe authorityto develop rules and regulations necessary to meet ambient air quality standards. 415 ILCS 5/4. The Act also created the Illinois Pollution Control Board ("Board") and grants the Boardthe authority to develop rules andregulations necessary to promotethe purposes ofthe Act, and furthermore, that are required by law, that are otherwise part ofthe State's attainmentplan and are necessary to attain the NAAQS, orthat are necessary to comply with the requirements ofthe federal CAA. 415 ILCS 5/10.

Rockford. 4302 N. Main St., Rockford, IL 61103 • (815) 987-7760 Elgin. 595 S. State, Elgin, IL 60123. (847) 608-3131 Bureau ofLand

- Peoria. 7620 N. University St., Peoria, IL 61614. (309) 693-5462 Collinsville .,2009 Mall Street, Collinsville, IL 62234. (618) 346-5120 Des Plaines. 9511 W. Harrison St., Des Plaines, IL 60016. (847) 294-4000 Peoria. 5415 N. University St., Peoria, IL 61614. (309) 693-5463 Champaign. 2125 S. First St., Champaign, IL 61820. (217) 278-5800 Marion. 2309 W. Main St., Suite 116, Marion, IL 62959. (618) 993-7200 PrinlCd on Recycled PaperAmbient air quality monitoring data system: Section 110(a)(2)(B) requires SIPs to provide for the establishment and operation ofambient air quality monitors, andprocedures necessary to monitor, compile and analyze ambient airquality data.
In accordance with its SIP, the Illinois EPA continues to operate an extensive monitoring network incorporating more than 200 monitors thattrackthe measurements ofa variety of pollutants and airtoxic compounds throughout the State. The Illinois EPApublishes an annual repmi, most recently the Illinois Annual Air Quality Report2009, that describes the monitoring network and summarizes the measurements for the year. The Illinois EPA also prepares and publishes for public comment its plans for the coming year. USEPA provides approval ofthe plan in advance ofeach calendaryear. All reports and data are routinely shared with the USEPA orreadily available to the USEPA upon request. The 2012 Illinois AirMonitoring NetworkPlan is available on the Illinois EPA's website: http://www.epa.state.il.us/air/monitoringlillinoisambient-air-monitoring-network-plan-2012.pdf. Program for enforcement ofcontrol measures: Section llO(a)(2)(C) requires States to include a program providing for the enforcement ofall SIP measures and the regulation ofconstruction ofnew ormodified stationary sources to meetprevention ofsignificantdeterioration ("PSD") and nonattainment New Source Review ("NSR") requirements.
The Illinois EPA continues to staffand implement avigorous enforcementprogramthat includes the Compliance Section and Division ofLegal ofCounsel. Section4 ofthe Actprovides the Directorwith the authority to implement and administerthis program. 415 ILCS 5/4. In Illinois, enforcement actions are broughtby the Office ofthe Illinois Attorney General orlocal States' Attorney offices, with whom the Illinois EPA consults. Illinois enforces all terms ofour PSD and nonattainment NSR construction and operating permits.
Interstate transport: Section llO(a)(2)(D) requires SIPs to include provisions preventing any source or othertype ofemissions activity in one state from contributing significantlyto nonattainment, or interfering withmaintenance, ofthe NAAQS in another state, orfrom interfering with measures required to prevent significant deterioration ofair quality orto protect visibility in another state. On August 8, 2011, USEPA adopted a final Federal Implementation Plan addressing the majority ofinterstate transport in Illinois and 26 other States for the purposes ofthe 2006 fine particulate matterNAAQS. 76 Fed. Reg. 48208. In addition, the Illinois EPA has adopted and implemented two majorprograms related to the interstate transport ofpollution. Title 35 ofthe Illinois Administrative Code Part 225, Control ofEmissions from Large Combustion Sources, sets forth provisions pertaining to the control ofmercury emissions from coal-fired electric generating units ("Illinois Mercury Rule"). 35 Ill. Adm. Code Part 225. In particular, the Illinois Mercury Rule contains a multi-pollutant standardto reduce NOx and S02 emissions from coalfired electric generating units. These provisions, which will result in reductions ofS02, NOx and Hg beyond federal requirements, will significantly reduce the interstate transport of pollutants from sources in Illinois. Moreover, the State ofIllinois has good working relationships withthe States ofMissouri, Indiana and Wisconsin as part ofthe continuing effort to achieve compliance in Illinois' multi-state non-attainment areas. Further, Illinois has finalized


### 2and submitted a SIP revision to address the visibility protection requirements ofSection 169A of the CAA for Federal Class I areas, including provisions to apply BestAvailable Retrofit Technology ("BART") to subject emission units. Together, these regulations and cooperative agreements amply address Congressional and USEPA concerns overthe interstate transport of emissions ofregulated pollutants. Adequate resources: Section 110(a)(2)(E) requires states to provide for adequate personnel, funding, and legal authority under state law to carry out its SIP, and related obligations.
On July 12,2011 Governor Quinn signed into law Public Act 097-0095/House Bill 1297 (the full text can be found at: http://www.ilga.gov/legislation/publicacts/97/097-0095.htm). The revisions to the Act increases operating permitfees in Illinois andprovides additional funding for the Clean AirAct Permit fund. Including the revisions to the Act, State appropriations provide $61.1 million ofappropriations for the Illinois EPA Bureau ofAirprograms and 292 full time equivalent staffing positions. (see: www.ilga.gov/legislation/96/HBIPDF/09600HB0859sam003.pdf). In combination withthe funding provided by the Illinois EPA's Performance Partnership ("PPG") Agreement with USEPA, Illinois has the resources to carry outthe required airprograms. The Actprovides the Director, in conjunction with the Board, with the legal authority to develop rules and regulations necessary to meet ambient air quality standards and respond to any EPA findings ofinadequacy withthe Illinois SIP program. 415 ILCS 5/4 and 10. The Board may also enactregulations that are required by law, that are otherwise part ofthe State's attainmentplan and are necessary to attain the national ambient air quality standards, orthat are necessary to comply withthe requirements ofthe federal CAA. 415 ILCS 5/1 O. Stationary source monitoring system: Section IIO(a)(2)(F) requires states to establish a system to monitor emissions from stationary sources and to submitperiodic emissions reports. The Act gives the Illinois EPA and the Boardthe authority to require regulated sources to install and operate monitoring equipment, to perform emissions testing, and to submit emissionreports, dependent on applicable requirements and the type ofpermit issued to the source, to the Bureau ofAir for review. All reasonable efforts are made to maximize the effectiveness ofavailable resources to reviewthe required reports. Emergency power: Section 110(a)(2)(G) requires states to provide for authority to address activities causing imminent and substantial endangermentto public health, including contingencyplans to implement the emergency episodeprovisions intheir SIPs.
Section 34 ofthe Act allows the Illinois EPA to declare alerts upon a finding that episode or emergency conditions exist. 415 ILCS 5/34. Further, Section 43(a) ofthe Act authorizes the Illinois EPA to request a State's Attorney ofthe Office ofIllinois Attorney General to seek immediate injunctive reliefin circumstances ofsubstantial dangerto the environment orto the public health ofpersons. 415 ILCS 5/43(a). Thus, the Illinois EPA has the necessary authority to address activities causing imminent and substantial endangermentto public health, as required by Section 110(a)(2)(G). Since 2006, there have been no monitored 24-hourPM2.5 concentrations above 140 ug/m3

, the level above which air quality is deemed to be unhealthy.


### 3Future SIP revisions: Section 11O(a)(2)(H) requires states to have the authority to revise their SIPs in response to changes in the NAAQS, availability ofimproved methods for attaining the NAAQS, or inresponse to a USEPA finding that the SIP is substantially inadequate. The Actprovides the Director, in conjunction with the Board, withthe authority to develop rules and regulations necessary to meet ambientairquality standards and respond to any USEPA findings ofinadequacy withthe Illinois SIP program. 415 ILCS 5/4 and 10. Consultation with government officials: Section 110(a)(2)(J) requires states to provide a process for consultation with local governments and Federal Land Managers carrying out NAAQS implementationrequirements pursuantto Section 121 relating to consultation. The Illinois EPA is required to give notice to the Office ofthe Attorney General andthe Illinois Department ofNatural Resources during the rulemaking process. The Illinois EPA provides notice to both entities during every rulemaking and includes each as a stakeholderduring outreaQh. The Illinois EPA furtherprovides notice to reasonably anticipated stakeholders and interestedparties. The Illinois EPA also gives notice to the Federal Land Manager ("FLM") if the rulemaking applies to Federal land which the FLM has authority over. Finally, the Illinois EPA consults with the States ofIndiana, Wisconsin, Michigan, Minnesota, and Ohio and USEPA through its membership in the Lake Michigan Air Directors' Consortium ("LADCO"), and consults with the State ofMissouri through a process established in a Memorandum of Agreement ("MOA").
Public notification: Section 11O(a)(2)(J) further requires States to notify thepublic ifNAAQS are exceeded in an area andto enhance public awareness ofmeasures that can be taken to prevent exceedances.
The Illinois EPA and the CookCounty DepartmentofEnvironmental Control routinely monitor air quality throughout the state and notify the public when unhealthful air quality is measured or forecasted. The Illinois EPA provides air quality datato USEPA's AIRNOW program, and also provides the daily air quality index ("AQI") to the media. In addition, the Illinois EPA provides the AQI to local stakeholder groups, Partners for Clean Air in Chicago and the Clean Air Partnership in S1. Louis, who postthe information on-line. Throughthese collaborative efforts, the Illinois EPA and the Cook County Department ofEnvironmental Control provides information to the public on measures thatcanbe takento prevent exceedances andthis information is also posted on the Illinois EPA's website.
PSD and visibility protection: Section I 10(a)(2)(J) also requires States to meet applicable requirements ofPart C related to prevention ofsignificant deterioration and visibilityprotection. The Illinois EPA is addressing both the long term requirements to meetnatural visibility levels by 2064 and the ongoing review ofnew major sources and majormodifications under Illinois' approved PSD new source review program. The Illinois EPA submittedits regional haze SIP,



### 4, ,

including provisions to implement BestAvailable Retrofit Technology ("BART"), on June 24, 2011.
Air quality modeling data: Section 110(a)(2)(K) requires that SIPs provide forperforming air quality modeling for predicting effects on air quality ofemissions for any NAAQS pollutant and submission ofsuch datato USEPA upon request. The Illinois EPA maintains a capability to perform modeling ofthe air quality impacts of emissions ofall criteriapollutants, including the capability to use complex photochemical grid models. The Illinois EPA performs modeling in support ofthe SIP for all nonattainment areas in the State. The Illinois EPA also requires air quality modeling in support ofpermitting the construction ofmajor and some minornew sources tmder the PSD program. These modeling studies are thoroughly documented and are available to the USEPA and the public upon request. Furthermore, the Illinois EPA participates in multi-state regional modeling efforts, including participation and providing funding for LADCO. LADCO conducts regional modeling that is utilized for statewide planning purposes. Permitting fees: Section 11O(a)(2)(L) requires SIPs to require each major stationary source to pay pennitting fees to cover the cost ofreviewing, approving, implementing and enforcing a permit.
The Illinois EPA continues to implementthe approved Title V operating permitprogram as set forth in Section 39.5 ofthe Act, and that includes requiring major sources to pay permit fees. 415 ILCS 5/39.5. The Illinois EPA also requires fees from applicants ofpotential new or modified sources in the form ofconstruction permit application fees. Consultation/participation 

### by affected local entities: Section 11O(a)(2)(M) requires States to provide for consultation and participation in SIP development by local political subdivisions affected by the SIP.
The Illinois EPA follows approvedprocedures for allowing public participation, consistentwith 35 Ill. Adm. Code Part 164, Procedures for Informational and Quasi-Legislative Public Hearings, and 35 Ill. Adm. Code Part 252, Public Participation inthe Air Pollution Control Permit Program. Part 252 is an approved portion ofIllinois' SIP.
Based on the information provided in these discussions, I believe that the Illinois EPA meets or exceeds all ofthe necessary CAA Section 110 infrastructure needs, enabling us to continue to satisfy those requirements ofthe CAA. Ifthere are any questions, please feel free to contact Rob Kaleel (217-524-4343), or myself. Sincerely,

# ~o{~~ Laurel L. Kroack Chief, Bureau ofAir

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