# '

. Electronic Filing- Received, Clerk's Office, January 18, 2011 

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### PC# 7 * * * * * IEPAATTACHMENT ND._


### BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THEMATTER OF: CLEAN-UP AMENDMENTS TO 35 ILL. ADM. CODE PART243 ) ) ) ) ) ) 

### NOTICE TO: John Therriault, Clerk Illinois Pollution ControlBoard State ofIllinois Center 100 West Randolph, Suite 11-500 Chicago, Illinois 60601 via electronic mail on January 18, 2011, and upon: 

### Alec M. Davis General Counsel Illinois Environmental Regulatory Group 215 E. Adams Street Springfield, IL 62701 KatherineHodge Monica T. Rios Hodge Dwyer & 

### Driver 3150 Roland Avenue PO Box 5776 Springfield,IL 62705-5776 R09-019 (Rulemaking- Air)

Mitchell Cohen ChiefLegal Counsel lllinois Dept. ofNaturalResources OneNatural Resources Way Springfield, Illinois 62702-1271 Mr. TimothyJ. Fox Hearing Officer Illinois Pollution ControlBoard 100 W. Randolph Street Suite 11-500 Chicago, Illinois 60601 Matthew Dunn,Division Chief Environmental Enforcement/ Asbestos Litigation Division Office ofthe Attorney General 100 W. Randolph Street, Suite 1200 Chicago, Illinois 60601 PLEASE TAKENOTICE that I have today filed with the Office 

### ofthe Pollution Control Board the FIRSTNOTICE COMMENTS OF THE ILLINOIS

### Electronic Filing
- Received, Clerk's Office, January 18, 2011 * 

### * * * * 

### PC# 7 * * 

### * * *

ENVIRONMENTAL PROTECTJON AGENCY a copy ofwhich is herewith served upon you.

DATED: January I8, 201 I P.O. Box 19276 Springfield, Illinois 62794-9276 217/782-5544 ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

By:

### =-~~~--~~-­ Charles E. Matoesian Assistant Counsel Division ofLegal Counsel

### Electronic Filing- Received, Clerk's Office, January 18, 2011 * * * * * 

### PC# 7 * * * * *

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THEMATTER OF: ) 

### ) ) ) ) ) 

### CLEAN-UP AMENDMENTS TO35 ILL. ADM. CODEPART 243 R09-19 (Rulemaking -Air)



### FIRST NOTICE COMMENTS OFTHE ILLINOIS EPA

NOW COMES the ILLINOIS ENVIRONMENTALPROTECTIONAGENCY ("Illinois EPA"), by its attorneys, and hereby submits its first notice comments in the above rulemaking proceeding. The Illinois EPA has reviewed the Illinois Pollution Control Board's ("Board's") Order sendingthe rule to first notice and responds as follows: The Illinois Environmental Group's ("!ERG") suggestionsregardingthe S02, N02 and CO provisions ofthe Illinois rule were not part ofthe Illinois EPA'soriginal proposal and the Illinois EPA believes thatthe !PCB should not make these changes in this proceeding. Since the Illinois EPA's original filing ofits proposal, USEPA has revised the S02 and N02 airquality standards, and is considering revisions to the CO, ozone, and

### PM25 standards as well. The Illinois EPA intends to propose revisions to these standards in a separate rulemaking in the near future. Further, !ERG overreaches in claiming thatthe Board made a finding offact regarding the current language in Part243 concerning the S02air quality standard. FirstNotice Comments ofthe !ERG, page 9. Rather, the Board restated !ERG'sposition but chose not to make !ERG's requested change. The Illinois EPA encouragesthe Board to maintain this course ofaction.

### Electronic Filing
- Received, Clerk's Office, January 18, 2011 * * * * * 

### PC# 7 

### * * * * *

The Board, in its Opinion and Order, further chooses not to make the changes recommended by !ERG concerning CO and N02. The Illinois EPA encourages the Board to maintain this course ofaction and only amend Part 243 as laid out in its Order. It is preferable,
at this point, to limitthe amendments to Part 243 to the pollutants and changes that the Illinois EPA has suggested and the Board had listed in its Opinion and Order.

DATED:January 18, 2011 1021 North Grand Avenue East P.O. Box 19276 Springfield, Illinois 62794-9276 (217) 782-5544 Respectfully submitted,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

Charles E. Matoesian Assistant Counsel

### Electronic Filing
- Received, Clerk's Office, January 18, 2011 * * * * * 

### PC# 7 * 

### * * * *

BEFORE THE ILLINOISPOLLUTION CONTROL BOARD

IN THEMATTER OF: CLEAN-UP AMENDMENTS TO35 ILL. ADM. CODE PART 243 ) ) ) ) ) ) 

### R09-019 (Rulemaking -Air)

PROOF OFSERVICE I, the undersigned, on oath state that Ihave served the attached FIRSTNOTICE COMMENTS OF THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY upon the persons to whom it is directed, by placing it in envelopes addressed to: TO: John Therriault, Clerk Illinois Pollution Control Board StateofIllinois Center 100 West Randolph, Suite 11-500 Chicago,Illinois 60601 via electronic mail on January 

### 18, 2011, and upon: Alec M. Davis General Counsel Illinois Environmental Regulatory Group 215 E. Adams Street Springfield, IL 62701 KatherineHodge Monica T. Rios Hodge Dwyer & 

### Driver 3150 Roland Avenue POBox 5776 Springfield, IL62705-5776 Mitchell Cohen ChiefLegal Counsel Illinois Dept. ofNaturalResources OneNatural Resources Way Springfield, Illinois 62702-1271 Mr. TimothyJ. Fox Hearing Officer Illinois Pollution Control Board 100 W. Randolph Street Suite 11-500 Chicago, Illinois 60601 MatthewDunn,Division Chief Environmental Enforcement/ Asbestos Litigation Division Office oftheAttorney General 100 W. Randolph Street, Suite 1200 Chicago, Illinois 60601; 

# . Electronic Filing
- Received, Clerk's Office, January 18, 2011 * * * * * 

### PC# 7 * * * * *

by mailing same by First Class Mail from Springfield, Illinois on January 18, 2011 with sufficient postage affixed.

SUBSCRIBED AND SWORN TO BEFOREME this th day of , 2011

NotaryPublicILLINOIS POLLUTION CONTROL BOARD September 22, 20I I IN THE MATTER OF: ) ) AIR QUALITY STANDARDS CLEAN-UP: ) AMENDMENTS TO 35 ILL. ADM. CODE ) PARTS 2I 7, 223, AND 243 ) Proposed Rule. Second Notice. R09-19 (Rulemaking- Air)

OPINION AND ORDER OF THE BOARD (by A.S. Moore) !EPA ATTACHMENT NO

.. ,

## 2..1-/

The Illinois Environmental Protection Agency (Agency or Illinois EPA) initiated this proceeding by filing a rulemakingproposal on December I, 2008. Afterconducting two public hearings, the Board on November 4, 20I0, issued its first-notice opinion and order proposing amendments intended to update Part 243 ofthe Board's regulations to reflect federal air quality standards and to make technical corrections to Sections 217.388 and 223.205. 34 Ill Reg. 17513, 17525, 17537 (Nov. 19, 2010). During the 45-day commentperiod (see 5 ILCS 100/5-40(b) (201 0)), the Board received a second errata sheet from the Agency and comments from both the Agency and the lllinois Environmental Regulatory Group (!ERG). Afterreviewingthe substance ofthose filings, the Board today adopts a proposal for second-notice review by the Joint Committee on Administrative Rules (JCAR) (see 5 JLCS 100/5-40(c) (2010)). In the opinion below, the Board first provides the procedural history ofthis rulemaking before summarizing the Board's first-notice proposal. The Boardthen summarizes the Agency's December28,2010 second errata sheet and both the Agency's and !ERG'sfirst-notice comments. After discussingthe issues raised, the Board reaches its conclusion. The order following this opinion then sets forth the proposed amendments for second-notice review by JCAR. PROCEDURAL HISTORY On December I, 2008, the Agency filed a proposal to amend the air quality standards at Part 243 ofthe Board's regulations (Prop.). See 35 Ill. Adm. Code 243. A StatementofReasons (SR) and a Technical Support Document accompanied the proposal. In an orderdated December 18, 2008, the Board accepted the proposal for hearing. In an order dated December 23, 2008, the hearing officer scheduled two hearings: the first on February 3, 2009, in Edwardsville, and the second on March I0, 2009, in Chicago. The same order set a deadline ofJanuary 20, 2009, to pre-filetestimony for the first hearing. On January 20, 2009, the Agency filed a motion to reschedule the first hearing and to set a new deadline to pre-file testimony for it. Also on January 20, 2009, the Agency filed a motion to amend its rulemaking proposal (Mot. Amend).

### 2

In an order dated January 30, 2009, the hearing officer granted the Agency's motion to reschedule the first hearing, rescheduled it on March 10, 2009, in Chicago, and set a deadline of February 24, 2009, to pre-file testimony for it. In an orderdated February 19, 2009, the Board granted the Agency's motion to amend its proposal. On March 3, 2009, the Agency filed a motion to file instanterthetestimony ofMr. Robert Kaleel. Mr. Kaleel'stestimony (Kaleel Test.) and a revised Technical Support Document (TSD) accompanied the motion. The first hearing took place on March 10, 2009, and the Boardreceived the transcript (Tr.l) on March 20,2009. Duringthefirst hearing, the hearing officer granted the Agency's motion to file instanterthe testimony ofMr. Kaleel. Tr.1 at4-5. Also during the first hearing, the hearing officeradmitted one exhibit intothe record ofthis proceeding: 40 C.F.R 50.2- 50.15 (Exh. 1). See Tr.l at 15. In an orderdated March 10,2009,the hearing officer scheduled the second hearing on April 28, 2009, in Springfield and set April 14, 2009, as the deadline to pre-file testimony for it. On April 14, 2009, the Agency filed an errata sheet to its proposal (Errata 1 ). On the same date, !ERGpre-filed the testimony ofMr. David L. Kolaz (Kolaz Test.) for the second hearing. The second hearing took place on April 28, 2009, and the Board received the transcript (Tr.2) on May 7, 2009. During the second hearing, the hearing officer admitted three exhibits into the record: the coverpage, page six, and pages 62-66 ofthe Agency's 2007lllinoisAnnual Air QualityReport (Exh. 2); a "SummaryofPekin Sulfur Dioxide Data from USEPA's [United States Environmental Protections Agency's] Airdata System" (Exh. 3); and a document entitled "Example Standard Language for SulfurOxides, Carbon Monoxide and Nitrogen Dioxide" (Exh. 4). Asrequired by Section 27(b) ofthe Act (415 ILCS 5/27(b) (2010)) the Board requested in a letterdated December 19, 2008, thatthe Department ofCommerce and Economic Opportunity (DCEO) determine whether it would conductan economic impact study ofthe Agency's rulemaking proposal. DCEO did notrespond to the Board'srequest. Atthe second hearing, the hearing officernoted the Board'srequestto DCEO and the absence ofa response to it. Tr.2 at 37. Although the hearing officer afforded those present an opportunityto testify regarding the request, no participantoffered testimony. See id. at 37-38. In an orderdated May 8, 2009, the hearing officer set June 8, 2009, as the deadline to file post-hearing comments. On June 8, 2009, both the Agency (PC 1), and !ERG (PC 2) filed posthearing comments. On June 9, 2009, the Agency filed corrected post-hearing comments (PC 3) accompanied by a motion for leave to file instanter.3

On July 28, 2009, the Agency filed a "Motion to File Instanter a Requestto Add an Amendment to Part 223 to the Current Rulemaking" (Mot. Add). On October 2, 2009, the Board docketed as a public comment an e-mail to the hearing officer from the Agency (PC 4). On November 4, 2010,the Board issued its first-notice opinion and order (Opinion). 

### See 34 Ill. Reg. 17513, 17525, 17537 (Nov. 19, 201 0). Jn its opinion and order, the Board granted the Agency's unopposed June 9, 2009 motion for leave to file corrected post-hearing comments instanter. Opinion at 4. The Board also granted the Agency's unopposed July 28, 2009 motion to file instanter a request to add an amendment to Part 223 to this proceeding. Id. at 4-5. On December 28, 20I0, the Agency filed a second errata sheet (PC 5 or Errata 2). On January 3, 2011, !ERGfiled first-notice comments (PC 6). On January 18,2011,the Agency filed first-notice comments (PC 7). 

### SUMMARY OFFIRST-NOTICE PROPOSAL Section 217.388 In an August 31, 2009 e-mail to the hearing officer, the Agency forwarded an electronic message from counsel for !ERG. PC 4. The original message noted that Section 217.388(a)(2)(B) ofthe Board's regulations includes a cross-reference to a non-existent Section 217.386(a)(I)(B) that should instead referto Section 217.386(a)(2). PC 4; 

### see 35 Ill. Adm. Code 217.386, 217.388(a)(2)(B). The comment surmised that the regulations incorrectly applied a reorganization ofSection 217.388 to the reference to Section 217.386. PC 4. The Agency acknowledged thatthe adopted Section 217.388(a)(2)(B) included that error and asked howthe errorcould be most easily corrected. 

### Jd. In its first-notice opinion, the Board concurred that Section 217.388(a)(2)(B) includes an incorrect cross-reference andthat the public comment proposes an appropriate correction. Accordingly, the Board found thatthis docket updating the air regulations should includethat correction and proposed it for first notice publication. Opinion at 20. 

### Section 223.205 As noted above under "Procedural Background," the Board in its first-notice opinion granted the Agency'sunopposed motion to add a proposed amendmentto Part223 for consideration in this docket. Supra at 3; see 35 Ill. Adm. Code 223.205(a)(2); seegenerally Mot. Add. The Agency soughtto amend the name ofthe category "Adhesives-- Construction, Panel and Floor Contact" so that it corresponds to the adopted definition ofthe term "Adhesives

-- Construction, Panel and Floor CoveringAdhesives." 

### See 35 Ill. Adm. Code 223.203 (definitions), 223.205(a)(2), Mot. Add. TheBoard concurred with the Agency's view thatthis proposed amendmentwould make Part 223 more consistent with regulations adopted in otherjurisdictions. Opinion at 20; see4 Proposed New 35 Ill. Adm. Code 223 Standards and Limitations for Volatile Organic Material Emissions from Area Sources, R8-17, slip op at 34-35 (Oct. 16, 2008) (addressing source of Agency proposal in first-notice opinion and order). The Board also concurred with the Agency's claim that correcting this inconsistency between the name ofthe category and the adopted definitions "should have no substantial effect on regulated entities and should clear up any confusion about the category in the future." Mot. Add at 2. The Board found that the Agency's proposed amendment would clarify its YOM emissions regulations and proposed it for first notice as suggested by the Agency. Opinion at 20. Part243 SubpartA: General Provisions In SubpartA, the Agency proposed a number ofamendments, some ofwhich simply corrected typographical errors orcorrected citations. 

### See SR at 3; Prop. at 2, 3. The Agency also proposed to amend Section 243.107, which addresses reference conditions, to provide for the measurement ofPM2.5• 

### See SR at 2-3; Prop. at 3. Finally,theAgencyproposed to amend Section 243.I08 to update material incorporated byreference and to incorporate byreference new materials pertaining to PM25, ozone, and lead. Prop. at 4, Mot. Amend at 2-3, 

### Errata I at 2- 3. TheBoard found that the record did notpersuasively dispute theseproposed amendments and that they correct, clarify, and update these regulations. The Board proposed the amendments as offered by the Agencyfor first notice publication. Opinion at 21. Part243 SubpartB: Standards and MeasurementMethods Section 243.120 PM-10 The Agency's original proposal sought to amend the heading ofthis section and to incorporate recent federal amendments to the standard for both PM10 and PM2.5• Prop. at 4-5; SR at 2-3 (citations omitted). TheAgency also sought to adopt a measurement method for determining compliance with the PM2.5 standard. Prop. at 5. TheAgency's first 

### errata sheet responded to questions atthe first hearing by seeking to make this provision more consistent with the federal standard. 

### Errata I at 3-4;

### see Tr.1 at 12-17. In its post-hearing comment, IERG suggested further amendment. PC 2 at 3-4. While !ERG largely accepted language offered in the Agency's first 

### errata sheet, it proposedto amend subsection (b) regarding demonstrating attainment ofthe PM10 standard through 40 C.F.R. 50, Appendix K. PC 2 at 3. Specifically, IERGproposed that subsection (b) provide in its entirety that, [f]or determining conformance with the PM10 ambient air quality standards, PM10 shall be measured by a method described in 40 CFR50, Appendix 

### J (incorporated byreference in Section 243.108). The standards are attained when the expected numberofdays percalendar yearwith a 24-hour average concentration above 150 micrograms per cubic meter is equal to orless than one, as determined in accordance with 40 CFR50, Appendix K (incorporated by reference in Section 243.108). 

### ld.5

IERG also offered amendments to the Agency's proposed subsection (d). Specially, IERG proposed that subsection (d) provide in its entirety as follows: d) PM2.s MeasurementMethod. For detem1ining conformance with the PMzs ambient airquality standards, PMz.s shall be measured by the method described in 40 CFR 50, Appendix L (incorporated by reference in Section 243.I08). Compliance with the standards is determined using the methods and procedures described in 40 CFR 50, Appendix N (incorporated byreference in Section 243.108). I) The annual primary and secondary PM2

### .s standards are met when the annual arithmetic mean concentration, as determined in accordance with 40 CFR 50, Appendix N, is less than orequal to 15.0 f!g/m3• 2) The 24-hourprimaryand secondary PM2.5 standards are metwhen the 98th percentile 24-hour concentration, as determined in accordance with 40 CFR 50, Appendix N ofthis part, is less than orequal to 35 f!g/m3

. 

### !d. at4. The Board's first-notice opinion concluded that IERG's proposed language clarifiesthese provisions without significant substantive revision. The Board proposed this language for firstnotice publication and invited comment on it from the Agency and other participants. Opinion at 22. Section 243.122 SulfurOxides (SulfurDioxide) The Agency's original proposal included only a singletechnical correction in this section. Prop. at6;

### see also Mot. Amend; 

### Errata I. In his testimony on behalfofthe Agency atthe first hearing, Mr. Kaleel indicatedthat the state standard has notbeen amended "formany years." Tr. 1 at 23. He continued that "it's not ourintentto revise thatat this time." 

### !d. He further stated that the Agency intended to amend Illinois' regulations only to reflectrevised National Ambient Air Quality Standards (NAAQS) promulgated by USEPA. Kaleel Test. at 1 (noting revised NAAQS for ozone, particulate matter, and lead);

### see PC 3 at I. In histestimony,Mr. Kolaz stated that the lastfederal revision ofthis standard tookplace in 1996. Kolaz Test. at 2. !ERG emphasized that, whilethe state standard is expressed in terms ofmicrograms per cubic meter and only parenthetically in ppm, the federal standard is stated only in terms ofppm. PC 2 at 6, Kolaz Test. at 3, Tr. 2 at 22. !ERGalso argued thatthe state standard should include a rounding convention and provisions for data completeness and data handling. PC 2 at 7, Kolaz Test. at 4. !ERG also claimed thatthe state standard should interpret data using block averaging rather than running average time periods. PC 2 at 8, Kolaz Test. at 3. Regardingthe amendments to the sulfuroxides standard proposed by IERG, the Board noted thatthe record identified only a single affected source, Aventine, and did not estimate any economic impact ofthe proposed amendments. Opinion at 22; 

### see 415 ILCS 5/27(b) (2010); 35

### 6

Ill. Adm. Code I02.202(b). The Board also noted thatthe record also does not clearly project the environmental impact ofthese provisions and that the Agency had argued that the application of block averaging would be less stringent than running averaging. Opinion at 22; see PC 3 at 3-4. Citing IERG's reference to Aventine, the Agency suggested that block averaging would relax the standard for all sources and obviate emission reductions. Furthermore, the Agency stressed that it uses data expressed in terms ofmicrogramspercubic meter is making attainment demonstrations. Accordingly, the Board declined to propose the language suggested by !ERG for first-notice publication. Opinion at 22. Section 243.123 Carbon Monoxide The Agency's original proposal included no revision to this section. Prop. at 6; see also Mot. Amend, Errata I. In his testimony on behalfofthe Agency at the first hearing, Mr. Kaleel stated that "it's not our intentto revise the carbon monoxide standard." Tr.l at 24. He further stated that the Agency intended to amend lllinois' regulations only to reflect revised NAAQS promulgated by USEPA. Kaleel Test. at I (noting revised NAAQS for ozone, particulate matter, and lead); see PC 3 at I. In his testimony on behalfof !ERG, Mr. Kolaz noted that, while the federal standard for carbon monoxide is expressed in terms ofppm and onlyparenthetically in terms ofmicrograms per cubic meter, the state standard is stated in terms ofmicrograms per cubic meter and only parenthetically in terms ofppm. Kolaz Test. at 5-6, Tr.2 at 29. He recommended thatthe Board prov.ide the standard only in terms ofppm. Kolaz Test. at 6. !ERGalso argues that the Board should incorporatethe rounding convention, data completeness, and data handlingprovisions of the federal rule. !ERG also proposed thatcompliancewith the standard be determined through non-overlapp.ing running averages. PC 2 at I0. Regarding the amendments to the carbon monoxide standardproposed by !ERG,the Board stated thatthe record does not clearly identify sources thatmay be affected orestimate any economic impact ofthe proposed amendments upon them. Opinion at 23; see 415 ILCS 5/27(b) (20I0); 35 Ill. Adm. Code I02.202(b). TheBoard also stated thatthe record did not clearly projectthe environmental impact ofthese provisions and thatthe Agency had argued that application ofblock averaging is less stringentthan running averaging. Opinion at 23. Accordingly, the Board declinedto proposethe language by !ERGfor first-notice publication. 

### !d. Section 243,124 Nitrogen Dioxide The Agency's original proposal did not revise this section. Prop. at 7; see also Mot. Amend, Errata I. In his testimony on behalfofthe Agency at the first hearing, Mr. Kaleel indicated that "[w)e are not making changes to nitrogen dioxide." Tr.l at 25. He continued that the existing standards "haveexisted for a very long time, and at such time U.S. EPA revises those standards, we will revisitthose, but we don't intend to do those at this time." Jd. Mr. Kaleel's pre-filed testimony stated that the Agency intended to amend lllinois' regulations only to reflect revised NAAQS promulgated by USEPA. Kaleel Test. at I (noting revised NAAQS for ozone, particulate matter, and lead); see PC 3 at I.7

In his testimony on behalfof !ERG, Mr. Kolaz noted that, while the federal standard for nitrogen dioxide is expressed in terms ofppm and only parenthetically in terms ofmicrograms per cubic meter, the state standard is stated in terms ofmicrograms per cubic meter. Kolaz Test. at 4; 

### see PC 2 at 9. I ERG recommended thatthe Board provide the nitrogen dioxide standard only in terms ofppm. PC 2 at 9 6. !ERG also noted thatthe federal standard incorporates a rounding convention and data completeness and data handling provisions. Kolaz Test. at 5; PC 2 at 9. Regarding the amendments to the nitrogen dioxide standard proposed by !ERG, the Board stated thatthe record does not clearly identify sources that may be affected or estimate any economic impact ofthe amendments upon them. Opinion at 23-24; 

### see 415 ILCS 5/27(b) (2010); 35111. Adm. Code 102.202(b). The Board also stated that the record did not clearly project the environmental impact ofthese provisions, and IERG has acknowledged that relying solely on a ppm standard and adopting the proposed rounding convention would result in a less stringent regulation. Accordingly, the Board declined to propose the language by !ERG for firstnoticepublication. Opinion at 24. 

### Section 243.125 Ozone The Agency's original proposal soughtto incorporate the new federal 8-hour ozone standard, adopt a measurement method for determining compliancewith it, and revoke the 

### !- hour standard. SR at 2 (citations omitted); Prop. at 7. The Agency's first errata sheetproposed changes intended to make this section more consistent with the federal standard. Errata I at 4-5; 

### see Tr.1 at I9-20. In its post-hearing comment, IERG suggested further amendment. PC 2 at 4. While IERG largely accepted the Agency's first errata with regard to subsection (a), it proposed to amend s"ubsection (b) regarding demonstrating attainment ofthe 8-hour ozone standard through 40 C.F.R. 50, Appendix P. 

### !d. Specifically, IERG proposed that subsection (b) provide in its entiretythat [ o]zone shall be measured by a reference method specified by 40 CFR Part 50, Appendix D, or an equivalent method as described in 40 CFR Part 50, Section 50.1, all designated as prescribed by 40 CFR Part 53 (2003). The primary and secondary ambient air quality standards are met when the 3-yearaverage ofthe annual fourth-highest dailymaximum 8-hour average ozone concentration is less than orequal to 0.075 ppm, as determined using 40 CFR 50, Appendix P (incorporated by reference in Section 243.1 08). PC 3 at 4. The Board concluded that IERG'sproposed language clarifies this provision without significant substantive revision. Opinion at 24. The Board proposed this language for firstnotice publication and invited commentfrom the Agency and other participants on this amendment to Section 243.125. 

### !d.8

Section 243.126 Lead Although the Agency's original proposal suggested only a small number ofnonsubstantive changes to this section (Prop. at 7-8), its motion to amend filed on June 8, 2009, sought to replace the existing lead standard and measurementmethod with a new standard and measurement. Mot. Amend at I, 3, citing 73 Fed. Reg. 66964 (Nov. 12, 2008). The Agency's first 

### errata sheet sought to make the proposal more consistentwith the revised federal standard. 

### Errata 1at 5, citing 73 Fed. Reg. 66964 (Nov. 12, 2008); 

### see Tr.l at 20-21. In its post-hearing comments, IERG suggested additional amendments. PC 2 at 5. The Board stated that IERG had not supported these suggestions with technical support, evidence or arguments identifying affected sources, orprojected economic or environmental impact. Opinion at 24. Although the Board declined to adopt the revisions proposed by IERG, it invited comment by the participants on this provision. 

### !d. at 25. TechnicalFeasibility and EconomicReasonableness As noted above under "Procedural Background," the Board in a letter dated December 19, 2008, requested that DCEO determine whether it would conduct an economic impact study ofthe Agency'srulemakingproposal. 

### See 415 ILCS 5/27(b) (201 0). DCEO did not respond to the Board's request. At the second hearing, the hearing officer noted the Board's request to DCEO and the absence ofa response to it. Tr.2 at 37. Although the hearing officer afforded thosepresent an opportunity to testify regarding the request, no participant offered testimony regardingthat issue. 

### See id. at 37-38. The Board noted that the Agency's Statement ofReasons addressed the issues of technical feasibility and economic reasonableness with a statement providing in its entirety that [t]he amendments to Part 243 do not impose newrequirements, they merely update the State's regulations to reflect current federal law and standards. The 1llinois EPA therefore believes that an analysis oftechnical feasibility and economic reasonableness is not appropriate. These standards are well known to industry and have been thoroughly discussed by the U.S. EPA. Opinion at 25; 

### see SRat4. Generally, the Board proposed for first-notice publication language reflectingthe Agency's general intentto adopt revised NAAQS promulgated by USEPA into Part 243. Opinion at25. The Board generally declined to propose language that was not suggested by the Agency and that raised questions about identifying potentially affected sources and projecting economic and environmental impacts. Accordingly, the Board concurred with the Agency thatthe proposal reflected current federal law and that compliance with it is both technically feasible and economically reasonable. 

### !d. The Board also concluded that theproposed amendments to Parts 217 and 223 provide only clarifying technical corrections and are also technically feasible and economically reasonable. 

### !d.

### 9

AGENCY'S SECOND

### ERRATA SHEET (PC 4) In its second errata sheet filed December 28, 2010, the Agency proposed a numberof "amendmentsto the text ofthe rules sent to First Notice bythe Board on November4, 201 0." Errata 2 at 1 . The Agency first proposed to amend Section 243.106 "to clarify the source ofand form ofthe ambient airquality monitoring provisions." Errata 2 at 1. Specifically, as revised for second notice, this section would provide in its entirety that [p]ollution levels will be determined by fixed ormobile sampling stations beyond the premises on which a source is located. Stations will be located according to 

### tOO guidelinesgHiiEieliAes for regulations for ambient air quality**monitoring~stablish11€i m®rtih~ring**  Refwst4es as**developed~t** Bt:r.ulgah!d 

### by the United State Environmental Protections Agency at 40 CFR Part 58. /d. Second, the Agency sought to amend Section 243.107, which addresses reference conditions, by adding lead to the list ofpollutants requiring measurement. /d. Third, the Agencyproposed to amend Section 243.208 by adding two items to the list ofmaterials incorporated by reference. 

### /d. Those items are "Hi-volumemethod, 40 CFR50 Appendix B (1983)" at subsection (b) and "Gas phase chemiluminescence method, 40 CFR 50, Appendix F (1983)" at subsection (f). 

### !d. at 2. The Agency also sought to re-designate the subsections ofSection 243.108 to reflect the proposed incorporation ofthese additional materials. See id. Fourth, the Agency suggested a number ofrevisions to Section 243.120, which is proposed to address PM10 and PM2
.5• The Agency seeks to amend subsection (b) "to amend the measurement method required, and the computation ofsuch method

...." Errata 2 at 2. As revised for second notice, that subsection would provide in its entirety as follows: 

### PMw Measurement Method. For determining conformance with the PM 10PM Hl ambient air quality standards, PMlQPM Hl shall be measured by

## tbLatlle method described in 40 CFR 50 or an equivalent method designated in 40 CFR 53, appendixAJ3J3eAEiil( J (incorporated by reference in Section 243.108). The standards are attained when the expected number ofdays percalendaryearwith a 24-houraverage concentration above 150 micrograms per cubic meter is equal to or less than one. as determined in accordance with Tlte eemJ3HffitieRs Reeessary fer aRalyziRg J3artieHlate matter Elata te EletermiRe attaiRmeAt eftlte PM IQ staAEiarEis are EleserilleEI iR 40 CFR 50, appendixAJ3]3eREiil< K (incorporated by reference in Section 243.108). /d. The Agency also soughtto clarify subsection (c) by referring specifically to "PM2.s" in its title. /d. In addition, the Agencyproposed to amend subsection (d) by adding"[n]ew methods of calculatingthe annual primary and secondaryPM2 

### .s and 24-hourprimary and secondary PM2.s standards." Jd. As amended for second notice, subsection (d) would provide in its entirety that10 

## !D. Measurement Method for PM;u. For determining conformance with the PM25 ambient air quality standards. PMu shall be measured by the method described in 40 CFR 50, Appendix L (incorporated by reference at Section 243.108). Compliance with the standards is determined using1he 

### methods and**proceduresTlu~ e§111J?tdati€H~8**  

### neeessarv t:Br**tu~alyziRg eat=th~ulate**  

### matter €lata**t€~ €1eh~rmiru~**  attainnumt 8fthe**P~:1J.,4** 

### atan8ar8a are described in 40 CFR 50, Appendix N (incorporated by reference in Section 243.108). or an equivalent method designated in 40 CFR 53. or an equivalent method designated in 40 CFR 53. 

## l.l The annual primary and secondary PM, 5 standards are met when the annual arithmetic mean concentration. as determined in accordance with 40 CFR 50. Appendix N. is Jess than orequal to 15.0 ug/m3 l} The 24-hour primary and secondary PM2 5 standards are met when the 98th percentile 24-hour concentration. as determined in accordance with 40 CFR 50. Appendix N. is less than orequal to 35 ug/m3

. 

### ld. Fifth, the Agency proposed to amend Section 243.125 "to explain when the primary and secondary airquality standards for 8-hourozone are met." 

### Errata 2 at 3. Specifically, the Agency proposed that, as amended for second notice, this section provide in its entirety as follows: a) Standard. The primary and secondary ambient air quality standardsstaRear€1for ozone are**0.075~** parts permillion (ppm) daily (235 mieregrarns Jler**e~eie** meter) maximum 8-houraverage!**ke~r** concentration, measured and determined in accordance with subsection (b) be)OWA8t !8 ee**eJ~eeeeee** SR Fll8re thaR 8Ae €Jayjler year. b) MeasurementMethod. FerEleterrniRiAg eeAfeFF!laAee with the e:tene air**Ej~alil)'** stanEiarEI, e:teneOzone shall be measured by athe e:tene ethylene reaetienreference method specified byEieserieeEI in 40 CFR 50, appendixAjljlenEiilt D,**~** or equivalent method as described in 40 CFR Part 50, Section 50.1, all designated as prescribed by 40 CFR 53 (2003). The primary and secondary ambient air quality standards are metwhen the 

### T¥il&l'average ofthe annual fourth-highest dailymaximum 8-houraverage ozone concentration is less than or equal to 0.075 ppm, as determined using 40 CFR 50, appendix P, (incorporated by reference in Section 243.108). 

### I d. at 4. Finally, the Agencyproposed to amend Section 243.126. The Agency seeks to amend subsection (a) "to clarifythe form oflead measured." 

### Errata 2 at 4. The Agency also seeks to amend subsection (b) to clarify "the reference method used to do so." 

### I d.II

IERG FlRST-NOTICE COMMENTS (PC 6) General !ERG argues that, 

### "[I]rom the time that the federal National AmbientAir Quality Standards ("NAAQS") were first adopted on April 30, 1971, the Illinois EPA and the Board have expressed the intent to adopt Illinois standards that are substantively identical to the NAAQS." PC 6 at 2, citing In the Matterof: Proposed Air Quality Standards, R72-7, slip op. at 4-5 (July I0, 1975). !ERG further argues that the Agency proposed amendments in this rulemaking docket to "reflect current national ambient air quality standards established by the U.S. EPA under the federal Clean AirAct." PC 6 at I, citing SR at 4. !ERG claims that the Board's first-notice opinion and ordermaintains this intent, "unambiguously statingthat the intent is to update Part 243 to reflect federal air quality standards." PC 6 at 2, citing Opinion at I. !ERG statesthat its participation in this proceeding has been "entirely intended to promote the purpose ofmaintaining that uniformity and to avoid any possibility ofinterpreting state standards in a manner different than the federal standards." PC 6 at 2. !ERG asserts that neither it northe Agency has presented testimony orcomment intending to introduce conflict between federal and state standards. 

### !d. !ERG argues that any interpretation ofIllinois' standards "in a manner that reaches a different conclusion from that derived from the federal standard on which it is based would be contraryto the clear intent ofthe record on which the State standards were established." 

### !d. at 3. !ERG statesthat its comments reflect "the need to eliminate the possibility ofinterpretations ofthe State standards that would differfrom those of the federal standards." 

### !d. !ERG states that it intends no substantive revision ofIllinois' air quality standards "other than to update them to reflect current federal law and standards." PC 6 at 3. !ERGnotes that the Board declined to propose !ERG'srecommendations because it had not submitted technical support ordemonstrated economic orenvironmental impacts. 

### !d. !ERG argues, however, that the Board has cited the Agency's argument in support ofthe technical feasibility and economic reasonableness ofits proposal. 

### ld., citing Opinion at 25; see SR at 4. Thatargument states in its entirety that [t]he amendments to Part243 do not impose new requirements, theymerely update the State's regulations to reflect current federal law and standards. The Illinois EPA therefore believes that an analysis oftechnical feasibility and economic reasonableness is not appropriate. These standards are well known to industry and have been thoroughly discussed by the U.S. EPA. SR at 4. !ERG argues that it has provided support for its recommendations that is "identi·cal" to that submitted by the Agency in the Statement ofReasons. PC 6 at 3; see SR at 4. Consequently, !ERG asks the Board to consider amendments it had recommended butthat the Agency had not proposed. 

### !d.12

Section 243.120 (PM10 and PM1.sl !ERG statesthat it concurs with rev.isions to Section 243.120 in ·the Board's first-notice proposal "which will eliminate any ambiguity in the interpretation ofthis standard." PC 6 at 4. !ERG claims that, with these revisions, "(t]he state and federal air quality standard will yield the same conclusion when applied to air quality data collected in Illinois." 

### Id. However, !ERG indicates that

### Illinois Registerpublication ofthe Board'sproposal includes "changes that extend beyond punctuation, spelling, and grammar corrections." PC 6 at 4. !ERG states that it "does not support such changesto the Board's proposed rule." 

### Jd. IERG notes that the Agency filed a second 

### errata sheet that would effectively restore the Board's firstnoticeproposal. 

### Jd., see Errata 2. IERG statesthat its supports the substance ofthese changes with specified exceptions. PC 6 at 4. !ERG indicates that, although the Agency proposed to add to subsection (b) and (d) the phrase "oran equivalentmethod designated in 40 CFR 53," that addition should read "oran equivalentmethod designated pursuantto 40 CFR 53." 

### I d. JERG adds that this language should occuronly following "AppendixJ" in subsection (b) and after "Appendix L" in subsection (d). 

### Jd. Section 243.122 (Sulfur Oxides) !ERG argues thatthe current sulfuroxides standard was, at the time ofits adoption, "identical to the federal standards." PC 6 at I0, citing In the Matter of: Proposed Air Quality Standards, R72-7, slip op. at 14 (July 10, 1975). JERG observesthat it "is not being interpreted by the Agency in a mannerthat results in the same compliance conclusion when the U.S. EPA standard is applied to the same data set." PC 6 at 9. Although !ERG acknowledges that states standards may be more stringent than federal, it argues thatthe Agency should not be able to use Illinois' rules "topurposely arrive at a differentresultthan that derived from application ofthe federal standard." 

### Jd. at 10. !ERG argues that substantive change ofthis nature "should be promulgated bythe Board through properrulemaking procedures." 

### Jd. Noting that ithas proposed amendments to this section, !ERG claims thatthe Agency's interpretation "in a manner that is more stringent that the federal standards should be sufficient tojustifY the necessary changes that U.S. EPA made long ago to preclude such interpretation and conform with the intent ofthe Board when the sulfurdioxide standards were adopted." 

### I d. However, !ERG notes that USEPA has adopted "a new sulfurdioxideNAAQS wherein it is revoking both the 24-hour rule and the annual standards." PC 6 at 10, citing 75 Fed. Reg. 35520 (June 22, 2010) ("Specifically, EPA is establishing a new !-hourS02 standard at a level of75 parts per billion (ppb), based on the 3-year average ofthe annual 99th percentile of !-hour daily maximum concentrations. The EPA is also revoking both the existing 24-hour and annual primary SQ2 standards.). !ERG indicates that "developments at the federal level and the acknowledged regulatory history ofthe State's current rule reduce the potential impact ofany interpretation ofthe current state rule that results in a more stringent conclusion than that which would be reached from the revoked federal rule." PC 6 at 10. !ERG nonetheless argues thatthe current state standard "should be clarified" as long as it remains in the Board's regulations. 

### I d.

### I3

Section 243.123 (Carbon Monoxide) IERG favors clarification ofthis section "to maintain compatibility with the federal standard which it is intended to represent." PC 6 at 12. !ERG argues that, when USEPA last amended its carbon monoxide NAAQS in 1985, it expressed "the standard in parts per million and parenthetically in milligrams per cubic meter." Jd., citing 50 Fed. Reg. 37501 (Sept. 13, 1985). IERG characterizes this as reversing the current expression ofthe state standard. PC 6 at 12. !ERG further argues that the 1985 USEPA amendment also included "data completeness and handling criteria." 

### ld. !ERG adds that USEPA "uses a running non-overlapping approach to interpreting compliance with the 8-hour standard." 

### I d. !ERG specifically suggests thatthe following components ofthe USEPA rule be incorporated into this standard: rounding convention, data completeness, and data handling. PC 6 at 12. !ERG also claims thatthis section should "specify that the 8-hour standard is determined using non-overlapping (block) averages." 

### I d. !ERG did submit specific language with which to amend Section 243.123. 

### See PC 6 at 12. Section 243.124 (Nitrogen Dioxide) Regardingthe nitrogen dioxide standard, !ERG restates its position that "the state rule is intended to be substantively the same as the federal rule." PC 6 at II. !ERG argues that "any clarifications made bythe U.S. EPAto facilitate interpretation ofits rule would be made bythe Board to continue to maintain parityon which the rule was originally promulgated." 

### Jd. !ERG claims that, because the Board has not madethese clarifications, confusion among regulated entities has resulted. Jd. !ERG further claims thatthe Agency has not provided anyjustification for a more stringent state standard. 

### Jd. In addition, IERG argues that "the Agency is following theU.S. EPA's air quality standard for nitrogen dioxide in all ofits data collection and reporting." Jd. citing In the Matter ofAir Quality Standards Clean-up: Amendmentsto 35 Ill. Adm. Code Part 243, R09-19, slip op. at 4-5 (Apr. 14, 2009) (pre-filed testimony on behalfof !ERG by David L. Kolaz). !ERGclaims that adoption ofits proposed changes to this section "would simply formalize the practice the Agency is currently following." PC 6 at II. However, !ERG notes that "U.S. EPA has promulgated a new nitrogen dioxide standard while retaining the current annual standard." PC 6 at II, citing 75 Fed. Reg. 6474 (Feb. 9, 201 0) ("Specifically, EPA is establishing a new 1-hour standard at a level ofI00 ppb, based on the 3- year average ofthe 98th percentile ofthe yearly distribution of !-hourdaily maximum concentrations, to supplementthe existing annual standard."). !ERG argues that, "(g]iven the Agency's current practice, it is fair to saythat it is implementing the federal NAAQS in full in areas where the state rule is silent or unclear." PC 6 at 11-12. !ERG favors amendments "to clarify the state'srule for the annual standard as it proposed in previous comments." Jd. at 12. Section 243.125 (8-HourOzone) !ERG states that it concurs with revisions to Section 243.125 in the Board'sfirst-notice proposal "which will eliminate any ambiguity in the interpretation ofthis standard." PC 6 at 4.14

!ERG claims that, with these revisions, "[t]he state and federal air quality standard will yield the same conclusion when applied to air quality data collected in Illinois." Jd. However, !ERG indicates that IllinoisRegisterpublication ofthe Board'sproposal includes "changesthat extend beyond punctuation, spelling, and grammar corrections." PC 6 at 4. !ERG states that it "does not support such changes to the Board' proposed rule." Jd. at 4-5. !ERG notes that the Agency filed a second errata sheet that would effectively restore the Board's first-notice proposal. Jd. at 5, see Errata 2. !ERG states that its supports the substance ofthese changes with specified exceptions. PC 6 at 5. !ERG indicates that the first sentence of subsection (b) should provide that"[o]zone shall be measured by a reference method based on 40 CFR Part 50, appendix D and designated in accordance with 40 CFR Part 53 or an equivalent method designated in accordance with 40 CFR Part 53." Jd. !ERG states this suggested language is "substantivelythe same as the language contained in the federal ozone standard

...." Jd., citing 40 CFR 50.15(a). !ERG notes that the proposal published in theIllinois Register refers to an "equivalent method as described in 40 CFR 50, Section 50.1 ,"which is a reference to definitions and is not used in the federal standard or any ofthe Board's air quality standard[s] that describes the concept ofreference and equivalentmeasurement methods." PC 6 at 5; see 34 Ill.Reg. 17544-45 (Nov. 19, 2010). Section 243.126 (Lead) !ERG states that, although the Board's first-notice opinion and order did not accept !ERG'srecommended changes, it had offered those changes 

### "in light ofthe form and substance ofthe federal standard, which the Agency had stated it was emulating

...." PC 6 at 5. !ERG adds that its language was "intended for the sole purpose ofclarifying this provision without adding significant substantive revision." Jd. at 6. !ERG argues that, although the federal standard is "familiarto industry," the Board's first-notice proposal differs from it "inways that could lead to unnecessary confusion." Jd. at 6-7. First, !ERG notes that the Board's proposal in subsection (a) strikes the phrase "and its compounds" in spite ofthe reference in subsection (b) to determining compliance with standards "forlead and its compounds." PC 6 at 7 n.l; see 34 

### Ill. Reg. 17543 (Nov. 19, 2010). !ERG acknowledges thatthe Agency's second errata sheet soughtto amend subsection (a) by adding the phrase "measured as elemental lead." Jd.; seeErrata 2 at 4. !ERG suggests thatthis would not clarify the rule because the Agencyhas notproposed to amend subsection (b) referring to measurement of"lead and its compounds." See PC 6 at 7 n.l. !ERG argues thatthe phrase "and its compounds" should be restored to subsection (a) "to describe the pollutants that are the subject ofthe standard." PC 6 at 7 n.l. !ERG favors this addition in orderto be consistentwith the federal rule, "to avo.id confusion and because there is no obvious reason to differ." Jd.; see 40 CFR 50.16, 73 Fed. Reg. 67052 (Nov. 12, 2008). !ERG further arguesthatthe first sentence ofsubsection (b) should include the phrase "measured as elemental lead." PC 6 at 7 n.l. !ERG claims that "[t]his is consistent with the description that the USEPA provides in40 CFR 50, Appendix R

...." Jd.15

!ERG also notes that the Board's proposed subsection (b) includes the following sentence: "[t)heprimary and secondary ambient air quality standards shall be determined in accordance with Appendix R ofPart 50 as incorporated by reference in Section 243.108 ofthis Part." PC 6 at 7 n.1; see 34111. Reg. 17545 (Nov. 19, 2010); Opinion at 45-46. !ERG argues that, although this language refers to the protocol for interpreting compliance with the standard, it "does not include a description ofwhen the standard is met." PC 6 at 7 n.l. !ERG adds that the language also fails to clarify "what is to be determined." ld. !ERGcompares the federal rule, which "includes a briefdescription ofthe criteria for determining compliance with the standard and also includes a reference to Appendix R." ld.; see 40 CFR 50.16, 73 Fed. Reg. 67052 (Nov. 12, 2008). !ERG argues thatthe federal1anguage is "helpful to the reader ofthe standard by providing a sense ofthe mechanism for determining compliance and referring the reader to the appropriate appendix for the details." PC 6 at 8 n.1. In addition, IERG notes that Section 243.126(b) ofthe Board'sproposal states in part that "lead and its compounds shall be measured bythe atomic absorption spectrometry or equivalent method as described in 40 CFR 50 Appendices G and 

### Q

...." PC 6 at 8 n.l; see 34 Ill. Reg. 17545 (Nov. 19, 20I0), Opinion at45. !ERG states that Appendix 

### Qdescribes the x-ray fluorescence method and notthe atomic absorption spectrometry method. PC 6 at 8 n.l. IERG further notes that the Agency's second errata sheetproposed that lead and its compounds be "collected bythe reference method specified in 40 CFRPart 58 Appendix B." Jd.; see Errata 2 at4. After indicating that Part 58 Appendix B is reserved, !ERG states that "[a) referenceto 40 CFRPart 50, appendix B would appropriately describethe sample collection method for samples collected pursuantto the reference method described in 40 CFR 50, appendix G but notto appendix Q. The sample collection method for thereference method described in appendix Q is described in 40 CFR50, appendix 

### 0." PC 6 at 8n.l. !ERG adds that "Appendix Q describes a method thatmaybe used to show a violation ofthe standard butmay not be usedto show compl.iance." Jd. !ERG also adds that appendix 

### Q "can only be used in special circumstances which are described in 40 CFR 58, appendix C and also in 40 CFR 50, appendix R." Jd. !ERG clarifies that "[ o]nlythe method described in 40 CFR 50, appendix G may be used to show compliance

...." Jd. !ERG argues thatthe federal lead standard refers only to appendix G and includes a referenceto appendix R as the means for allowinguse ofthe method in appendix 

### Qin specified situations. 

### ld. !ERG proposesthefollowing language, as amended for second notice, for subsection (b): b) Measurement Method. Fordetermining conformance with the ambientair quality standards for lead and its compounds, lead and its compounds shall be measured as elemental lead by a reference method based on 40 CFR 50. appendix G and designated in accordancewith 40 CFR 53. orby an equivalent method designated in accordance with 40 CFR**53~y** tile atBmie**ahs~f:Ptisn B.JHH~tram~try**  

### or**~~ai:·alont**

### motkfHl as**~h~seril~u~Q** 

### in 1Q GF:R**5(}~** appetuliees G aA!l Q, incorporated byreference in Section 243.108 ofthis Part. Compliance with**th~** primary and secondary standards shall be determined in accordance with 40 CFR 50. appendix R. incorporated by reference in Section 243,108 ofthis Part.A-1313· G (1982). PC 6 at 9.16

!ERG claims that its suggested language "will correct and clarify the Board's proposed lead standard and make it substantively the same as the federal standard in accordance with the stated intent." 

### ld. Summary !ERG expresses support for "the efforts ofthe Agency and the Board to 'clean-up' the Illinois airquality standards." PC 6 at I2. !ERG seeks to achieve "the intent ofthe proposed rulemaking --to provide conformity between Illinois' and the U.S. EPA's standards-- as stated by the Board atthe time the State's standards were initially adopted." 

### ld. at 13. !ERG argues, however, thatthe Agency's efforts should extend beyond clarification of"IIlinois' sulfur oxides, nitrogen dioxide, and carbon monoxide standards." 

### .Id. at 12. !ERG claims that additional amendments "will afford the public and regulated community a much clearer understanding of the State's airquality standards and properly reflect the original intent ofthe state standards, which is to be substantively the same as the federal standards." 

### Jd. !ERG argues that, with additional amendments, the standards "will then more accurately reflectthe methods and techniques thatthe Agency uses to interpretthe standards, with two exceptions." 

### ld. First, !ERG states that the Agency would interpret SOx and CO standards with the block averaging approach used by USEPA instead ofits currentrunning average basis. 

### ld. at 12-13. Second, !ERG argues that, "[a]Ithough the U.S. EPA has revoked its sulfur dioxide standards in favor ofa new !-hour standard, there is still value to clarifying this standard as long as it is a staterule." 

### Jd. at 13. AGENCY FIRST-NOTICE COMMENTS (PC 7) TheAgency states that !ERG's "suggestions regarding the S02 ,N02and CO provisions ofthe Jllinois rule were notpart ofthe Illinois EPA's original proposal and the Illinois EPA believesthat the !PCB should not make these changes in this proceeding." PC 7 at 1. The Agency notes that, since it filed its original proposal, "USEPA has revised the S02and N02 air quality standards, and is considering revisions to the CO, ozone, and PM25 standards as well." 

### I

d. TheAgency states that intends "in the nearfuture" to file a rulemaking proposal reflecting these revisions. 

### Jd. Citing !ERG'sfirst-notice comments, the Agency claims that "JERG overreaches in claimingthatthe Board made a finding offact regardingthe currentlanguage in Part243 concerningthe S02air quality standard." PC7 at I, citing PC 6 at 9. The Agency argues that "the Board restated JERG's position butchose not to make JERG'srequested change." PC 7 at I. TheAgency requests thatthe Board maintain this position. 

### Jd. TheAgencynotes thatthe Board's first-notice opinion and order did not adopt changes proposed by lERGto the CO and N02standards. PC 7 at 

### 2. TheAgencyencourages the Board not to adopt these changes at second notice andto amend Part 243 only as provided at first notice. 

### Jd. The Agency concludes that "[i]t is preferable, atthis point, to limit the amendments to Part 243 to the pollutants and changes that the Illinois EPA has suggested and the Board has listed in its Opinions and Order." 

### ld.17

DISCUSSION Section 217.388 In its first-notice opinion, the Board concurred with a public comment indicatingthat Section 218.388(a)(2)(B) includes an incorrect cross-reference and thatthe public comment proposed an appropriate correction. First-notice comments have not addressed the substance of this proposal. Accordingly, the Board'sorder below submits this proposed amendment of Section 217.388 to second-notice review by JCAR. Section 223.205 In its first-notice opinion, the Board granted the Agency's unopposed motion to add a proposed amendmentto Section 223.205 for consideration in this docket. Specifically, the Agency sought to amend the name ofthe category "Adhesives

-- Construction, Panel and Floor Contact" to correspond to the definition ofthe term "Adhesives

-- Construction, Panel and Floor CoveringAdhesives." The Board found that this proposed amendment would correct an inconsistency and would clarify the Board'svolatile organic material emission regulations. First-notice comments have not addressed the substance ofthis proposal. Accordingly, the Board's orderbelow submits this proposed amendment ofSection 223.205 to second-notice review by JCAR. Part243 SubpartA: General Provisions Section 243.101: Definitions In its first-notice opinion, the Board in this section proposed only a single nonsubstantive change, and JCAR has proposed additional non-substantive changes. First-notice comments have not addressed any oftheseproposed amendments. Accordingly, the Board's orderbelow submits amended Section 243.10I to second-notice review by JCAR. Section 243.104: Nondegradation In its first-notice opinion, the Board proposed in this section only a single change correcting atypographical error, and JCARhas proposed additional .non-substantive changes. First-notice comments have not addressed any ofthese amendments. Accordingly, the Board submits amended Section 243.104 to second-notice review by JCAR. Section 243.106: Monitoring Although the Board's first-notice opinion proposed in this section one change deleting an extra letter in a single word (see Opinion at 42), Illinois Registerpublication ofthe Board's proposal inexplicably did not include Section 243.106. Consequently, this provision was not submitted to the statutory 45-day comment period, and the Board may not propose changes to the section for the first time at the stage ofthe proceeding. See 5 ILCS I00/5-40(b) (201 0) ("Each agency shall give at least45 days' notice ofits intended action to the general public. This first18

notice period shall commence on the first day the notice appears in the Illinois Register.") Although the Agency's second errata sheet did propose additional clarifying amendments to this section (Errata 2 at I), the Agency must necessarily pursue those amendments in another proceeding. The Board notes that it recently accepted for hearing in docket R12-8 an Agency proposal to amend other sections ofthe Board'sair regulations, and this proceeding may present a procedural avenue for submitting these proposed changes. Section 243.107: Reference Conditions In its first-notice opinion, the Board submitted to publication the Agency'sproposal regarding measurements ofPM25 . Duringthe first-notice commentperiod, the Agency's second errata sheet proposed to amend this section by adding reference to lead measurements. Errata 2 at I. As noted above under "Procedural History," the Board has granted the Agency's motion to amend its original rulemakingproposal to reflect a new federal air quality standard for lead. The Board concludes that the changes proposed by the second errata sheet clarify the amended proposal. Accordingly, the Board submits them to second-notice review by JCAR. Section 243.108: Incorporations byReference In its first-notice opinion, the Board submitted topublication the Agencyproposed amendments to materials incorporated byreference. During the first-notice comment period, the Agency's second errata sheet proposed to amend this section to incorporatetwo additional sets ofmaterial: the hi-volume method at 40 C.P.R. 50 Appendix B (1983), and the gas phase chemiluminescence method at40 C.P.R. 50 Appendix P (1983). Errata 2 at 2. The Board notes, however, that it has revised the lead standard at Section 243.126 for second notice by requiringthe use ofa reference method specified in 40 C.F.R. Part 50 Appendix G, which sets forth sample collection requirements, instead of40 C.F.R. 50 Appendix B. Accordingly, incorporation ofAppendix B is no longer necessary, and the Board declines to Jist it in this section for second-notice review. See 40 C.P.R. 50 Appendix G (cross-referencing Appendix B). In addition, the Board notes thatthe gas phase chemiluminescence method measures nitrogen dioxide concentrations. However, as the Board below declines atthis time to adopt substantive amendments to this standard, it declines also to incorporate this method by reference for second-notice review. Part243 SubpartB: Standards and MeasurementMethods Section 243.120: PM1

### oand PMzs In its first-notice comments, TERG states that it concurs with the language proposed by the Board in its first-notice opinion and order(Opinion at43-44), which theAgency's second errata sheet effectively restates (PC 4 at 2-3). Specifically, !ERG states that it "supportsthe substantive elements ofthe Agency's suggestions" with one exception. "[T]hephrase 'or an equivalent method designated in 40 CFR 53' should read 'or an equivalent method designated19
pursuant to 40 CFR 53' in subsection (b) after 'Appendix J' and in subsection (d) after 'Appendix 

### L."' PC 6 at4. The Board concludes to propose for second-notice review the language ofits first-notice opinion and order, which is effectively restated by the Agency's second errata sheet. The Board also concludes thatthe language proposed in !ERG'sfirst-notice comment would clarifythis provision, and the Board incorporates that language in its order below. Section 243.122: SulfurOxides (SulfurDioxide) Through its testimonyby Mr. Kolaz and its post-hearingcomments, !ERGhas soughtto amendthe Agency's original proposal for the SOx standard. See Kolaz Test. at 2-4; PC 2 at 5-9. The Agency has opposed adoption of!ERG'sproposed amendments. See PC 3 at 5-6; PC 7 at 1. In its first-notice opinion, the Board effectively submitted theAgency's proposal to first-notice publication and declined to adoptthe language proposed by !ERG. Opinion at 22. In its first-notice comment, JERG notes that USEPA has adopted a new sulfur dioxide NAAQS, whichrevokes boththe annual and the 24-hour standard. PC 6 at 10, citing 75 Fed. Reg. 35520 (June 22, 2010). The Agency also notesthat USEPA has revised this and other standards and statesthat it "intends to propose revisions to these standards in a separate rulemaking in the nearfuture." PC 7 at I. !ERG acknowledges that these circumstances "reduce the potential impact ofany interpretation ofthe current state rule that results in a more stringent conclusion than that which would be reached from the revoked federal rule." PC 6 at I0. In light ofthese considerations, the Board submitsto JCARfor second-notice review onlynonsubstantive changes to Section 243.122 as proposed for first notice. As the Agency intends to address the recentfederal revision ofthis standard ".in the near future," the Board anticipates a full substantive review at thattime. Section 243.123: Carbon Monoxide In its first-notice opinion, the Board noted thatthe Agency's original proposal hadnot sought to amend the carbon monoxide standard in Section 243.123. Op.inion at 23. Although !ERG had soughtto amend this language (see Kolaz Test. at I0-11), the Board declined to submit !ERG'sproposal to first-notice publication. Opinion at 23. The Board recognizes that !ERGhas restated its position in favor ofamending the carbon monoxide standard. See PC 6 at 12 (!ERG), PC 7 at 1, 2 (Agency). However, the Board may not propose changes to this section for the first time at this stage ofthe proceeding, as theBoard has not submitted t to first-notice publication in this proceeding. See 5 ILCS 1 00/5-40(b) (20I0) ("Each agency shall give at least 45 days' notice ofits intended action to the general public. This first notice period shall commence on the first day the notice appears in the Illinois Register."). In thisregard, the Agency indicates thatUSEPA is considering a revision ofthis standard and that an Agency rulemaking proposalwould follow that federal action. See PC 7 at 1. Again, the Board anticipates a full substantive review in a future rulemaking.20

Section 243.124: Nitrogen Dioxide · In its first-notice opinion, the Board noted that the Agency's original proposal had not sought to amend the nitrogen dioxide standard in Section 243.124. Opinion at 23. Through its testimony by Mr. Kolaz and in post-hearing comments, !ERG has recommended amendments to provision. See Kolaz Test. at 4-5; PC 2 at 9-10. The Agency has opposed adoption oflERG's proposed amendments. See PC 3 at 5-6; PC 7 at I. In its first-notice opinion, the Board declined to submit any amendment ofthis section to first-notice publication. Opinion at 23-24. Accordingly, the Board may notpropose changes to this section for the first time at this stage of the proceeding. See 5 JLCS I00/5-40(b) (2010) ("Each agency shall give at least 45 days' notice ofits intended action to the general public. This first notice period shall commence on the first day the notice appears in the Jllinois Register."). In addition, !ERG'sfirst-notice comment notes that USEPA "haspromulgated a new nitrogen dioxide standard while retaining the current annual standard." PC 6 at II, citing 75 Fed. Reg. 6474 (Feb. 9, 2010). !ERG states that it "anticipatesthat at some pointthe Agency will propose adoption ofthe federal standard and this matter can be addressed atthat time." PC 6 at 11. The Agency also notes that USEPA has revised this and other standards and states that it "intends to propose revisions to these standards in a separate rulemaking in the near future." PC 

### 7at I. As the Agency intendsto addressthe recent federal revision ofthis standard "in the near future," the Board anticipates a full substantive review ofthis standard atthattime. Among other issues, the Board expects Agency to address whetherto incorporate the gas phase chemiluminescence method for measurement ofnitrogen dioxide concentrations in that proceeding. Section 243.125: 8-HourOzone In its first-notice comments, !ERG states that it concurs with the language proposed by the Board in its first-notice opinion and order(Opinion at45), which the Agency's second 

### errata sheeteffectively restates (PC 4 at 3-4). Specifically, !ERG states that it "supports the substantive elements ofthe Agency's suggestions" with a single exception. "[T]he first sentence of subsection (b) should be replaced with the sentence 'Ozone shall be measured by a reference method based on 40 CFRPart 50, appendix D and designated in accordance with 40 CFR Part 53 or an equivalent method designated in accordance with 40 CFR Part 53." PC 6 at 5. The Board concludes to propose for second-notice review the language ofits first-notice opinion and order, which is effectively restated bythe Agency's second 

### errata sheet. The Board also concludes that the languageproposed in !ERG'sfirst-notice comment would clarify this provision, and the Board incorporates that language in its order below. Section 243.126: Lead In its first-notice comments, !ERG proposed amendments to Section 243.126 on the basis that they would "correct and clarify"this provision and make it more consistent with the federal21

standard. Having reviewed the first-notice comments, the Board finds !ERG'sposition largely persuasive. In subsection (a), the Board concurs that the language should refer to air quality standards for lead and its compounds. However, the Board declines to amend the Agency's reference to a "maximum rolling three month average measured and determined over athreeyearperiod." The Board concludes that this language is sufficiently clear and is consistent with 40 C.F.R. 50 Appendix R. In subsection (b), the Board concludes that !ERG'sproposed language makes this provision more clear and also reflectsthe federal standard more closely than the Agency's proposal. TheBoard reflects these conclusion and finding in its order below. CONCLUSION The Board below proposes to update air quality standards in Part 243 ofits regulations and to adopt atechnical correction in both Part 217 and Part 223. In its order below, the Board directs the Clerk to submit the Board's proposal to JCAR for second-notice review. 

### ORDER The Board directs the Clerkto submit the following proposed amendments to JCARfor second-notice review. Proposed additions are underlined, and proposed deletions appear stricken.

Section 217.100 217.101 217.102 217.103 217.104

Section 217.121 TITLE 35: ENVIRONMENTAL PROTECTION SUBTITLE B: AIR POLLUTION CHAPTER 1: POLLUTION CONTROL BOARD**SUBCHAPTER~:** EMISSION STANDARDS AND LIMITATIONS FOR STATIONARY SOURCES PART217 NITROGEN OXIDES EMISSIONS SUBPART A: GENERAL PROVISIONS
Scope and Organization Measurement Methods Abbreviations and Units Definitions Incorporations byReference SUBPARTB: NEW FUEL COMBUSTION EMISSION SOURCES

NewEmission Sources (Repealed) SUBPART C: EXISTING FUEL COMBUSTION EMISSION UNITSSection 217.141

Section 217.150 217.152 217.154 217.155 217.156 217.157 217.158

Section 217.160 217.162 217.164 217.165 217.166

Section 217.180 217.182 217.184 217.185 217.186

Section 217.200 217.202 217.204

Section 217.220 217.222 217.224 22

Existing Emission Units in Major Metropolitan Areas SUBPARTD: NO, GENERAL REQUIREMENTS
Applicability Compliance Date Performance Testing Initial Compliance Certification Recordkeeping and Reporting Testing and Monitoring Emissions Averaging Plans SUBPART E: INDUSTRIAL BOILERS
Applicability Exemptions Emissions Limitations Combination ofFuels Methods and Procedures for Combustion Tuning SUBPART F: PROCESS HEATERS
Applicability Exemptions Emissions Limitations Combination ofFuels Methods and Procedures for Combustion Tuning SUBPART G: GLASS MELTING FURNANCES
Applicability Exemptions Emissions Limitations SUBPART H: CEMENTANDLIMEKILNS
Applicability Exemptions Emissions LimitationsSection 217.240 217.242 217.244

Section 217.301

Section 217.340 217.342 217.344 217.345

Section 217.381

Section 217.386 217.388 217.390 217.392 217.394 217.396

Section 217.400 217.402 217.404 217.406 217.408 217.410 23

SUBPART 1: IRON AND STEEL AND ALUMINUM MANUFACTURING
Applicability Exemptions Emissions Limitations SUBPART K: PROCESS EMISSION SOURCES

Industrial Processes SUBPARTM: ELECTRICAL GENERATING UNITS
Applicability Exemptions Emissions Limitations Combination ofFuels SUBPART0: CHEMICALMANUFACTURE

Nitric Acid ManufacturingProcesses SUBPART Q: STATIONARY RECIPROCATING INTERNAL COMBUSTION ENGINES AND TURBINES
Applicability Control and Maintenance Requirements Emissions Averaging Plans Compliance Testing and Monitoring Recordkeeping and Reporting SUBPARTT: CEMENTKILNS
Applicability Control Requirements Testing Monitoring Reporting RecordkeepingSection 217.450**217.4~2** 217.454 217.456 217.458 217.460 217.462 217.464 217.466 217.468 217.470 217.472 217.474 217.476 217.478 217.480 217.482

Section 217.521 217.700 217.702 217.704 217.706 217.708 217.710 217.712

Section 217.750 217.751 217.752 217.754 217.756 217.758 217.760 217.762 24

SUBPART U: NOx CONTROL AND TRADINGPROGRAM FOR SPECIFIED NO, GENERATING UNITS
Purpose Severability Applicability Compliance Requirements Permitting Requirements SubpartUNO,Trading Budget Methodology for ObtainingNOx Allocations Methodology for DeterminingNOx Allowances from theNew Source Set-Aside NO,Allocations Procedure for Subpart UBudgetUnits New Source Set-Asides for "New" BudgetUnits Early Reduction Credits (ERCs) for BudgetUnits Low-Emitter Requirements Opt-In Units Opt-In Process Opt-In Budget Units: Withdrawal from NOx TradingProgram Opt-In Units: Change in Regulatory Status Allowance Allocations to Opt-In BudgetUnits SUBPARTV: ELECTRIC POWER GENERATION

Lake ofEgypt PowerPlant Purpose Severability Applicability Emission Limitations NO,Averaging Monitoring Reporting and Recordkeeping

PurposeSUBPART W: NOx TRADING PROGRAM FOR ELECTRICAL GENERATING UNITS

Sunset Provisions Severability Applicability Compliance Requirements Permitting Requirements NOx Trading Budget Methodology for CalculatingNOx Allocations for BudgetElectrical Generating217.764 217.768 217.770 217.774 217.776 217.778 217.780 217.782

Section 217.800 217.805 217.810 217.815 217.820 217.825 217.830 217.835 217.840 217.845 217.850 217.855 217.860 217.865 25

Units (EGUs) NO,Allocations for Budget EGUs New Source Set-Asides for "New" Budget EGUs Early Reduction Credits for Budget EGUs Opt-In Units Opt-In Process Budget Opt-In Units: Withdrawal from NO, Trading Program Opt-In Units: Change in Regulatory Status Allowance Allocations to Budget Opt-In Units SUBPART X: VOLUNTARY NOx EMISSIONS REDUCTION PROGRAM
Purpose Emission Unit Eligibility Participation Requirements NOx Emission Reductions and the SubpartX NO, Trading Budget Baseline Emissions Determination Calculation ofCreditable NOx Emission Reductions Limitations on NOx Emission Reductions NOx Emission Reduction Proposal Agency Action Emissions Determination Methods Emissions Monitoring Reporting Recordkeeping Enforcement Section 217.APPEND!X A Section 217.APPENDIX B Section 217.APPENDIX C Section 217.APPENDIX D Section 217.APPENDIX E Section 217.APPENDIX F Section 2I7.APPENDIX G the NOx SIP Call Rule into Section Table Section into Rule Table Compliance Dates Non-Electrical Generating Units LargeNon-Electrical Generating Units Allowances for Electrical Generating Units Existing Reciprocating Internal CombustionEngines Affected by Section 217.APPENDIX H Refineries Compliance Dates for Certain Emissions Units at Petroleum

AUTHORITY: Implementing Sections 9.9 and 10 and authorized by Sections 27 and 28 ofthe Environmental Protection Act [4151LCS 5/9.9, 10,27 and 28]. SOURCE: Adopted as Chapter 2: Air Pollution, Rule 207: Nitrogen OxidesEmissions, R71-23, 4 PCB 191, April 13, 1972, filed and effectiveApril 14, 1972; amended at 2 Ill. Reg. 17, p. 101, effective April13, 1978; codified at 7 

### J11. Reg. 13609; amended in R01-9 at 25 Ill. Reg. 128, effective December26, 2000; amended in R01-11 at 25 Ill. Reg. 4597, effective March 15, 2001;26

amended in ROJ-I 6 and ROI- I 7 at 25 Ill. Reg. 5914, effective April 17, 2001; amended in R07- J 8 at 31 Ill. Reg. I427I, effective September 25, 2007; amended in R07- I 9 at 33 Ill. Reg. 11999, effective August 6, 2009; amended in R08-19 at 33 Ill. Reg. I3345, effective August 31, 2009; amended in RQ9 2QQ8 1909-20 at 33 111. Reg. 15754, effectiveNovember 2, 2009; amended in R09-19 at 35 Ill. Reg.

__ ,effective

__ . SUBPART Q: STATIONARY RECIPROCATING INTERNAL COMBUSTION ENGINES AND TURBINES 

### Section 217.388 

### Control and MaintenanceRequirements a) On and afterthe applicable compliance date in Section 217.392, an owneror operator ofan affected unit must inspect and maintain affected units as required by subsection (a)(4) ofthis Section and comply with one ofthe following: the applicable emissions concentration as set forth in subsection (a)(l) ofthis Section, the requirements for an emissions averaging plan as specified in subsection (a)(2) ofthis Section, or the requirements for operation as a low usage unit as specified in subsection (a)(3) ofthis Section. I) Limits the discharge from an affected unit into the atmosphere ofany gases that contain NO,to no more than: A) 150 ppmv (corrected to IS percent

### 0 2 on a dry basis) for sparkignited rich-burn engines; B) 210 ppmv (corrected to 15 percent

### 0 2on a dry basis) for sparkignited lean-burn engines, except for existing spark-ignited Worthington enginesthat are not listed in Appendix G; C) 365 ppmv (corrected to 15 percent 

### 0 2 on a dry basis) for existing spark-ignited Worthington enginesthat are not listed in Appendix 

### G; D) 660 ppmv (corrected to 15 percent

### 0 2 on a dry basis) for diesel engines; E) 42 ppmv (corrected to 15 percent 

### 02 on a dry basis) for gaseous fuel-fired turbines; and F) 96 ppmv (corrected to 15 percent 

### 0 2 on a dry basis) for liquid fuelfired turbines. 2) Complies with an emissions averaging plan as provided for in either subsection (a)(2)(A) or (a)(2)(B) ofthis Section:27 A) For any affected unit identified by Section 217.386: The requirements ofthe applicable emissions averaging plan as set forth in Section 217.390; or B) For units identified in Section**217.386(a)~** The requirements ofan emissions averagingplan adopted pursuant to any other Subpart ofthis Part. For such affected engines and turbines the applicable requirements ofthis Subpart apply,. including, but not limited to, calculation ofNOx allowable and actual emissions rates, compliance dates, monitoring, testing, reporting, and recordkeeping. 3) Operates, for units not listed in Appendix G, the affected unit as a low usage unit pursuant to subsection (a)(3)(A) or (a)(3)(B) ofthis Section. Low usage units that are notpart ofan emissions averaging plan are not subject to the requirements ofthis Subpart 

### Qexcept for the requirements to inspect and maintain the unit pursuantto subsection (a)(4) ofthis Section, test as required by Section 217.394(f), and retain records pursuant to Section 217.396(b) and (d). Either the limitation in subsection (a)(3)(A) or(a)(3)(B) may be utilized at a source, but not both: A) The potential to emit (PTE) is no more than I00 TPYNOx aggregated from all engines and turbines located at the sourcethat are not otherwise exempt pursuant to Section 217.386(b), and not complyingwith the requirements ofsubsection (a)(!) or (a)(2) of this Section, and the NOx PTE limit is contained in a federally enforceable permit; or B) The aggregate bhp-hrs/MW-hrs from all affected units located at the source that are not exemptpursuant to Section 217.386(b), and not complying withthe requirements ofsubsection (a)(l)or (a)(2) ofthis Section, are less than or equal to the bhp-hrs and MW-hrs operation limit listed in subsections (a)(3)(B)(i) and (a)(3)(B)(ii) of this Section. The operation limits ofsubsections (a)(3)(B)(i) and (a)(3)(B)(ii) ofthis Section must be contained in a federally enforceable permit, except for units that drive a natural gas compressor located at a natural gas compressor station orstorage facility. The operation limits are: i) 8 mm bhp-hrs or less on an annual basis for engines; and ii) 20,000 MW-hrs or less on an annual basis forturbines. 4) Inspects and performs periodic maintenance on the affected unit, in accordance with a Maintenance Plan that documents:

### 28 A) For a unit not located at natural gas transmission compressor station or storage facility, either: i) The manufacturer's recommended inspection and maintenance ofthe applicable airpollution control equipment, monitoring device, and affected unit; or ii) lftheoriginal equipment manual is not available or substantial modifications have been made that require an alternative procedure for the applicable airpollution control device, monitoring device, or affected unit, the owner or operator must establish aplan for inspection and maintenance in accordance with what is customary for the type ofairpollution control equipment, monitoring device, and affected unit. B) For a unit located at a natural gas compressor station or storage facility, the operator's maintenance procedures for the applicable airpollution control device, monitoring device, and affected unit. b) Owners and operators ofaffected units may change the method ofcompliance with this Subpart, as follows: I) When changing the method ofcompliance from subsection (a)(3) ofthis Section to subsection (a)(l) or (a)(2) ofthis Section, the owner or operator must conducttesting and monitoring according to the requirements of Section 217.394(a) through (e), as applicable. Forthis purpose, references to the "applicable compliance date" in Section 217.394(a)(2) and (a)(3) shall mean the date by which compliancewith subsection (a)(l) or (a)(2) ofthis Section is to begin. 2) An owneroroperator ofan affected unit that is changingthe method of compliance from subsection (a)(l)or (a)(2) ofthis Sectionto subsection (a)(3) ofthis Section must: A) Continue to operate the affected unit's control device, ifthat unit relied upon a NOx emissions control device for compliance with the requirements ofsubsection (a)(J) or (a)(2) ofthis Section; and B) Priorto changingthe method ofcompliance to subsection (c) of this Section, complete any outstanding initial performance testing, subsequent performances testing or monitoring as required by Section 217.394(a), (b), (c), (d) or (e) for the affected unit. Ifthe deadline for such testing or monitoring has not yet occurred (e.g., the five-year testing or monitoring sequence has notyet elapsed), the owner oroperator must completethetest or monitoringprior to29 changing the method ofcompliance to subsection (a)(3) ofthis Section. After changing the method ofcompliance to subsection (a)(3) ofthis Section, no additional testing or monitoring will be required for the affected unit while it is complying with subsection (a)(3) ofthis Section, except as provided for in Section 217.394(1). (Source: Amended at 35 Ill. Reg.

___ , effective___)

TITLE 35: ENVIRONMENTAL PROTECTION SUBTITLE B: AIR POLLUTION CHAPTER 1: POLLUTION CONTROLBOARD SUBCHAPTER c: EMISSION STANDARDS AND LIMITATIONS FOR STATIONARY SOURCES PART 223 STANDARDS AND LIMITATIONS FORORGANIC MATERIAL EMISSIONS FOR AREA SOURCES

Section 223.100 223.105 223.120

Section 223.200 223.201 223.203 223.205 223.206 223.207 223.208 223.209 223.210 223.220 223.230 223.240 223.245 223.250 223.255 223.260 SUBPART A: GENERALPROVISIONS
Severability Abbreviations and Acronyms Incorporations by Reference SUBPARTB: CONSUMERAND COMMERCIAL PRODUCTS
Purpose Applicability Definitions for Subpart B Standards Diluted Products Products Registered underFIFRA Requirements for Aerosol Adhesives Requirements for Floor Wax Strippers Products ContainingOzone-Depleting Compounds Requirements for Charcoal LighterMaterial Exemptions Innovative Product Exemption Alternative Compliance Plans Product Dating Additional Product Dating Requirements MostRestrictive Limit30

223.265 Additional Labeling Requirements for Aerosol Adhesives, Adhesive Removers, Electronic Cleaners, Electrical Cleaners, Energized Electrical Cleaners, and Contact Adhesives 223.270 Reporting Requirements 223.275 Special Recordkeeping Requirements for Consumer Products that Contain Perchloroethylene or Methylene Chloride 223.280 Calculating Illinois Sales • 223.285 Test Methods SUBPART C: ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATINGS Section 223.300 223.305 223.307 223.310 223.320 223.330 223.340 223.350 223.360 223.370 Purpose Applicability Definitions for Subpart C Standards ContainerLabeling Requirements Reporting Requirements Compliance Provisions and Test Methods Alternative TestMethods Methacrylate Traffic Coating Markings Test Methods AUTHORITY: Implementing Section 10 and authorized by Sections 27 and 28 ofthe Environmental Protection Act [415 JLCS 5/10, 27 and 28]. SOURCE: Adopted in ROS-17 at 33 Ill. Reg. 8224, effective June 8, 2009; amended in R09-19 at 35 Ill. Reg. ,effective SUBPART B: CONSUMER AND COMMERCIAL PRODUCTS Section 223.205 Standards a) Except as provided in Section 223.207, 223.230, 223.240, or223.245, no person shall sell, supply, offer for sale, ormanufacture for sale 

### in Illinois any consumer productmanufactured onor afterJuly I, 2009 thatcontains VOMs in excess of the limits specified 

### in this subsection: Affected Product 

### I) Adhesives- Spray A) B) Mist Spray Web Spray C) Special Purpose Spray Adhesives 

### %YOM by Weight

65 5531

i) Mounting, Automotive Engine Compartment, and Flexible Vinyl 70 ii) Polystyrene Foam and Automotive Headliner 65 iii) Polyolefin and Laminate RepairiEdgebanding 60 2) Adhesives- Construction, Panel, and Floor CoveringCeHiael 15 3) Adhesives- General Purpose 10 4) Adhesives- Structural Waterproof 15 

### 5) AirFresheners A) Single-Phase Aerosol 30 B) Double Phase Aerosol 

### 25 C) Liquids 

### I Pump Sprays 18 D) Solids 

### I Gel 3 6) Antiperspirants A) Aerosol 40HVOM IOHVOM B) Non-Aerosol OMVOM OMVOM 7) Automotive Brake Cleaners 45 8) Automotive Rubbing orPolishing Compound 17 9) Automotive Wax, Polish, Sealant, or Glaze A) Hard Paste Waxes 45 B) Instant Detailers 3 C) All OtherForms 1532

1 0) Automotive Windshield Washer Fluids 35 I1) Bathroom and Tile Cleaners A) Aerosol 7 B) All Other Forms 5 12) Bug and Tar Remover 40 13) Carburetor orFuel-Injection Air Intake Cleaners 45 14) Carpet and Upholstery Cleaners A) Aerosol 7 B) Non-Aerosol (Dilutables) 0.1 C) Non-Aerosol (Ready-to-Use) 3.0 15) Charcoal Lighter Material see Section 223.220 16) Cooking Spray- Aerosol 18 17) Deodorants A) Aerosol 0 HVOM 10 HVOM B) Non-Aerosol 0 MYOM 0 MVOM 18) DustingAids A) Aerosol 25 B) All Other Forms 7 

### 1

9) Engine Degreasers A) Aerosol 35 B) Non-Aerosol 5 20) Fabric Protectants 6033

21) Floor Polishes 

### I Waxes A) Products for Flexible Flooring Materials 7 B) Products for Nonresilient Flooring 10 C) Wood FloorWax 90 22) FloorWax Strippers see Section 223 .209 23) Furniture Maintenance Products A) Aerosol 17 B) All Other Fonns Except Solid orPaste 7 24) General Purpose Cleaners A) Aerosol 10 B) Non-Aerosol 4 25) General Purpose Degreasers A) Aerosol 50 B) Non-Aerosol 4 26) Glass Cleaners A) Aerosol 12 B) Non-Aerosol 4 27) HairMousses 6 28) Hairshines 55 29) Hairsprays 55 30) Hair Styling Gels 6 31) HeavyDuty Hand Cleaner or Soap 8 32) Insecticides34

A) Crawling Bug (Aerosol) 15 B) Crawling Bug (All Other Forms) 20 C) Flea and Tick 25 

### D) Flying Bug (Aerosol) 25 E) Flying Bug (All Other Forms) 35 F) Foggers 45 G) Lawn and Garden (Aerosol) 20 H) Lawn and Garden (All OtherForms) 3 I) Wasp and Hornet 40 33) Laundry Prewash A) Aerosols I Solids 22 B) All Other Forms 5 34) Laundry Starch Products 5 35) Metal Polishes I Cleansers 30 36) Multi-Purpose Lubricant (Excluding Solid or Semi-Solid Products) 50 37) Nail Polish Removers 75 38) Non-Selective Terrestrial Herbicide- Non-Aerosol 

### 3 39) Oven Cleaners A) Aerosols I Pump Sprays 8 B) Liquids 5 40) Paint Removers or Strippers 50 41) Penetrants 5035 42) Rubberand Vinyl Protectants

43) 44) 45) A) Aerosol B) Non-Aerosol Sealants and Caulking Compounds Shaving Creams Silicone-Based Multi-Purpose Lubricants (Excluding Solid or Semi-SolidProducts) 46) Spot Removers A) Aerosol B) Non-Aerosol 47) Tire Sealants and Inflators 48) Undercoatings- Aerosols 

### 10 3 4 

### 5

60

23 8 20 

### 40 b) No person shall sell, supply, offer for sale, or manufacture for sale in lllinois, on or after July I, 2009, any antiperspirantor deodorantthat contains any compound listed below: Benzene Ethylene Dibromide Ethylene Dichloride Hexavalent Chromium Asbestos Cadmium (metallic cadmium and cadmium compounds) Carbon Tetrachloride TrichJoroethylene Chloroform Vinyl Chloride36

Inorganic Arsenic Nickel (metallic nickel and inorganic nickel compounds) Perchloroethylene Formaldehyde I,3-Butadiene Inorganic Lead Dibenzo-p-dioxins and dibenzofurans chlorinated in the 2,3,7 and 8 positions and containing 4,5,6 or 7 chlorine atoms (Source: Amended at 35 

### Jll. Reg.

___ , effective----'

Section 243.101 243.102 243.103 243.104 243.106 243.107 243.108

Section 243.120 243.121 243.122 243.123 243.124 TITLE 35: ENVIRONMENTALPROTECTION SUBTITLE B: AIR POLLUTION CHAPTERI: POLLUTION CONTROL BOARD SUBCHAPTER 1: AIR QUALITY STANDARDS AND EPISODES PART243 AIR QUALITY STANDARDS SUBPART A: GENERAL PROVISIONS

Definitions Preamble Applicability Nondegradation Monitoring Reference Conditions Incorporations by Reference SUBPARTB: STANDARDS AND MEASUREMENTMETHODS

PM10and_PM2 5PM 1\l Particulates (Repealed) Sulfur Oxides (SulfurDioxide) Carbon Monoxide Nitrogen Dioxide243.125 243.126 8-Hour Ozone Lead 243.APPEND1X A Rule into Section Table 243.APPENDIX B Section into Rule Table 243.APPENDIX C Past Compliance Dates 37

AUTHORITY: Implementing Section .10 and authorized by Section 27 and 28 ofthe Environmental Protection Act [4151LCS 5/10,27, and 28]. SOURCE: Adopted as Chapter 2: Air Pollution, Part lll: Air Quality Standards, in R71-23, 4 PCB 191, filed and effective April 14, 1972; amended in R80-11, 46 PCB 125, at 6 Ill. Reg. 5804, effective April 22, 1982; amended in R82-12, at 7 Ill. Reg. 9906, effective August 18, 1983; codified at7 Ill. Reg. 13630; amended in R91-35 at 16 

### Ill. Reg. 8185, effective May 15, 1992; amended in R09-19 at 35111. Reg. , effective

SUBPART A: GENERAL PROVISIONS Section 243.101 Definitions a) Except as l!eFeinefteF stated in this Part and unless a different meaning ofa term is clear from its context, the definitions ofterms used in this Part shall be the same as those used in the Environmental Protection Act [ 415 ILCS 5] (Ill. Rev. Stat. 1981, ell. Ill L 12, flaFs. J()()J et**se~.)** (Act). b) All terms thatwfliefl appear in this Part have the definitions specified by 35 Ill. Adm. CodePtlft5-201 or 211 eftl!is Cl!eflleF. (Source: Amended at 35 Ill. Reg.

__ _, effective_). Section 243.104 Nondegradation Existing ambient airquality wflieflthat is betterthan the establishedeJllaelisl!ed ambient air quality standards atthe date oftheir adoption will be maintained in its present high quality. Such ambient air quality shall not be lowered unless and until it is proved to the Illinois Environmental Protection Agency (Agency) that saffithe change isjustifiable as a result ofnecessary economic and social development and will not interfere with or become injurious to human health or welfare. (Source: Amended at 35 Ill. Reg

..___ ,, effective_). Section 243.107 Reference Conditions All measurements ofairquality, except PM,_5 and lead. are corrected to a reference temperature of25°C, and to a referencepressure of760millimeters ofmercury (1013.2 millibars). PM,s and.38


### lead measurements shall be based upon the actual ambient air volume measured at the actual temperature and pressure at the monitoring site during the measurement period. (Source: Amended at 35 

### Ill. Reg.

__ ,effective_). Section 243.108 Incorporations 

### by Reference 

### The following materials are incorporated by reference. These incorporations do not include any later amendments oreditions: a) Pararosaniline method, 40 

### CFR 50, 

### appendixAflfleAEiiJl A (1982). 

### b) Non-dispersive infrared spectrometrytechnique, 40 

### CFR 50, 

### appendixAf!f!eAEiiJl C (1982), 36 

### Fed. Reg. 22391, 

### November 25, 1971. 

### c) Colorimetric method, 36 

### Fed. Reg. 22396, 

### November 25, 1971. 

### d) Ozone-ethylene reaction method, 40 

### CFR 50, 

### appendixAflfleAEiiJl D (1982), 36 

### Fed. Reg. 22392,

### November 25, 1971. 

### e) Lead, 40 

### CFR 50, 

### appendices G

## !lf!t!-9 (2008). 

### i\flfleAl4iJl G (1982)3 

### FeEl. Reg. 46258, 

### Oeteeer 

### 5, 1978, 

### as a£AeAEieEI at 44 FeEl. Reg. 37915,

### JuRe 29, 1979; 

### 46 FeEl. Reg. 

### 44163, Seflle£Aber3, 1981. f) 

### Reference method for the determination ofparticulate matter as PM 10 

### in the atmosphere, 40 

### CFR 50, 

### appendixAflfleAEiill 

### J (1990), 

### g) Interpretation ofthe National Ambient Air Quality Standards (NAAQS)AatieAal a£AeieAt air (juality staAEiarEis for particulate matter, 40 

### CFR 50, 

### appendixAflfleAEiill K, 73 

### Fed. Reg. 61144 

### (October 17, 2006). f-1-99\lj 

## hl Reference method for the determination ofparticulate matter as PM,s in the atmosphere, 40 

### CFR 50, 

### appendix L, 73 

### Fed. Reg. 61144 

### (October 17, 2006)

. .i} 

### Interpretation ofthe NAAQS for PM, 5, 40 

### CFR 50, 

### appendix N, 73 

### Fed. Reg. 1497 

### !January 9. 2008). j} 

### Interpretation ofthe NAAQS for 01, 40 

### CFR 50, 

### appendix P, 73 

### Fed. Reg. 16436 

### (March 27. 2008). 

## kl The NAAQS for Lead; Final Rule, 40 

### CFR 50. 51. 53, 

### and 58. 73 

### Fed. Reg. 66964 

### (November 12, 2008). 

### ll Interpretation ofthe NAAQS for Lead. 40 

### CFR 50, 

### appendix R. 73 

### Fed. Reg. 66964 

### (November 12, 2008).39 (Source: Amended at 35 Ill. Reg.

__ ,effective---' SUBPART B: STANDARDS AND MEASUREMENT METHODS Section 243.120 PM10 and PM2.,PM Ill a) Standards. The primary and secondary ambient air quality standards for PM 10 .J::!M.W are a maximum 24-hour average concentration of 150 micrograms per cubic meter. The standards are attained when the expected number ofdays per calendar year with a 24-hour average concentration above 150 micrograms per cubic meter is equal to or less than one. as measured and determined in accordance with subsection lb).7 +) 

### AA**aAA~o~al** 

### arithmetie meaA eeAeeAtratieA ef5Q mieregrams rer**e~o~eie** 

### meter; aAe A**mwlim~o~m** 

### 24**he~o~r** 

### eeAeeAtratieA ef 15(1 mieregrams J3er**e~o~eie** 

### meter, Rette ee eJ;eeeeee mere thaA 

### eAse 13eryear. b) PM 10 _Measurement Method. Fordetermining conformance with the PM10PM Jij ambient air quality standards, PMlQPM Wshall be measured by the method described in 40 CFR 50, appendixAJlJlBtulin 

### J or an equivalent method designated pursuantto 40 CFR 53 (incorporated by reference in Section 243.108). The standards are attained when the expected numberofdays percalendar year with a 24-hour average concentration above 150 micrograms percubic meter is equal to 

### or less than one as determined in accordance withThg €HHl:JndatiBRS**n~~~ssary** 

### t@r anal)¥in0**~artieMiats** 

### matter data ts 8stBFITliAe attaiAt"'A@Ilt 

### sftke**P~11Q_P}f** 

### lQ standa1ds aFs dsssFillsd in 40 CFR 50, appe.ndixAJlJlBn€1inK (incorporated by reference in Section 243.108)

. .£} Standards. The primary and secondary ambient air quality standards for PM2 5 are: 

### D An annual arithmeticmean concentration of 15.0 micrograms per cubic meter; and as measured and determined in conformance with subsection 

## 191 £) A maximum 24-hourconcentration of35 micrograms per cubic meter. at the 98th percentile value. and as measured and determined in conformance with subsection (d). d) Measurement Method for PMu. For determining conformance with thePMu ambient air quality standards. PM2 5 shall be measured by the method described in 40 CFR 50,**appendixApps1~din** Lor an equivalent method designated pursuantto 40 CFR 53 (incorporated by reference in Section 243.108). Compliance with the standards is determined using the methods and proceduresThs ssmflHlatiBI1840 

### Reeessar,**~r** 

### aRalvziH:**eartie~late math~r**  

### €latat® €htennineattaiRm€Htt

### €1fthe**~** 

### staR€1aF€Isare 

### described in 40 

### CFR 50. 

### appendixAt?tHHl€1iaN (incorporated by reference in Section 243.1 08). 

## D The annual primary and secondary 

### PMz; standards are met when the annual arithmetic mean concentration as determined in accordance with 40 CFR 50. Appendix N. is less than orequal to 15.0 ug/m3 

### ;D, The 24-hour primary and secondary PM, 5 s_tandards are met when the 98th percentile 24-hour concentration. as determined in accordance with 40 CFR 50. Appendix N. is less than orequal to 35 4g/m3

. (Source: Amended at 35 Ill. Reg.

___ ,, effective

__ ...J Section 243.122 SulfurOxides (Sulfur Dioxide) a) Primary Standards. The primary ambient air quality standards for sulfuroxides measured as sulfur dioxide are: I) An annual arithmetic mean concentration of80 micrograms percubic meter (0.03 ppm); and, 2) A maximum 24-hour concentration,not to be exceeded more than once per year,of365 micrograms per cubic meter (0.14 ppm). b) Secondary Standard. The secondary ambient air quality standard for sulfur oxides measured as sulfurdioxide is a maximum 3-hourconcentration notto be exceeded morethan once per year of 1,300 microgramsmieergutms per cubic meter (0.5 ppm). c) MeasurementMethod. For determiningconformance with sulfuroxide air quality standards, sulfur oxides shall be measured as sulfurdioxide by the pararosaniline method described in 40 CFR 50, appendixArme¥t!linAjljl. A, (1982), orby an equivalent method ofproofapproved bythe Agency. (Source: Amended at 35 Ill. Reg.

___ ,, effective___). Section 243.125 8-HourOzone a) Standard. The primary and secondary ambient airquality standardsstaAsaFEI for ozone are 0.075**~ppm** (parts per million) daily (235 mieregramsjleF etteie 

## metef1 maximum 8-houraverage I llettr concentration. measured and determined in accordance with subsection (b)Aet te ee elleeeeee ell mere tllall e!le sayjler year.41 b) Measurement Method. l"er aeterrniAing eenferrnanee with tile ezene air**~~o~ality** stanaara, ezene Ozone shall be measured by a reference the ezene ethylene reaetien method based onas !leserilml in 40 CFR Part 50, appendixApfr. D an.d designated in accordance with 40 CFR Part 53 oran equivalent method designated in accordance with 40 CFRPart 53., (1982) Br eaMi\·alent oJHlths€1as deaBri8e8 in 1Q CFR J>aFt §Q,**s~Hati®R** §'Q.I' all**d0sigRahH~i** as enlseriBe8 bv 19 G:FR 

### 53 fiHlQJJ. The orimary and secondary ambient air quality standards are met when the average ofthe annual fourth-highest daily maximum 8-houraverage ozone concentration is less than orequal to 0.075 ppm. as determined using;=llft€! thelniHfFBiatisn Bfths**~IAAQS** fur

# o,. 40 CFR 50, appendix P (incoroorated by reference in Section 243.108), 7J Fe€1.Reg.**1~0@** (Harsh 37, 2QQ8), as arnenaea. (Source: Amended at 35 

### Ill. Reg.

___ , effective_j. Section 243.126 Lead a) Standard. Theprimary and secondary ambient air quality standards for lead and its compoundsmeasured as elementalleadana iM eernpeunas are 1.5 are 0.15 micrograms per cubic meter, maximum rolling three month average measured and determined over a three-year periodaritflrnetie mean average ever a ealenaar EJHarter. b) MeasurementMethod. For determining conformance with the ambient air quality standards for lead and its compounds, lead and its compounds shall be measured 

### as elemental lead 

### by areferencehy the atsmie a8ssrhtion Bf1B8tffHl'letl) 

### sr BtjMi, ahnt method based onas ilsserillsil in 40 CFR 50 appendixavvenilisesAjljl. G and designated in accordance with 40 CFR 53. or by an equivalent method designated in accordance with 40 CFR 53.(1982)an€1Q, as incorporated by reference in Section 243.108 ofthis Part. Compliance with**th~** primary and secondary ambient air guality standards shall be determined in accordance with 40 CFR 50, appendix R, incorporated byreference in Section 243.108 ofthis Part. (Source: Amended at 35 Ill. Reg.

___ ,, effective_j.

IT IS SO ORDERED. I, John T. Therriault, Assistant Clerk ofthe Illinois Pollution Control Board, certify that the Board adopted the above opinion and orderon September22, 201 I, by a vote of5-0.

John T. Therriault, Assistant Clerk Illinois Pollution Control Board( 

### JOINTCOMMITTEE ONADMINISTRATIVERULESIEPA AnACHMENT

# ~**~5** ILLINOIS GENERAL ASSEMBLY CO-CHAIR: SEN. PAMElA ALTHOFF SEN. OON HARMON SEN. JOHN 0.JONES SEN. DALE RIGHTER SEN. IRA SILVERSTEIN REP. GREGORY HARRIS REP. LOU LANG SEN_ MAGGIE CROTTY CO-CHAIR' REP- ANGELO ·sKIP" SAVIANO EXECUTIVE DIRECTOR: VICKI THOMAS

TO:

FROM:

DATE: RE: 700 STRATTON BUILDING SPRINGFIELD, IWNOIS 62706 217fi85-2254 MEMORANDUM

Tanner Girard, Chainnan Pollution Control Board Vicki Thomas Executive Director 9/26/11 Air Quality Standards (35 

### IlL Adm. Code 243) 34 Ill. Reg. 17537

- 11/19110 REP DONALD MOFFITT REP. ROSEMARY MULLIGAN REP. ANDRE THAPEDI**'-~-** 

### ·;;: .;-;:;E R'\1

### E CUcFlK'S 

### OFF/CED

_)i:;J 

## 282011 / l,.;n=: ·JF 

### ILUNOIS

r>•!u• ''•C:ontrol

## Board

The Office ofthe Joint Committee on Administrative Rules has accepted the Second Notice for the above-referenced rulemaking. The Second Notice periodbegan on 9/26/11 and ends no later than 1119/II, unless extended pursuant to Section 5-40 ofthe lAPA. This rulemaking is scheduled to be considered by JCAR at its I0/11/11 meeting, in Room 600C, Bi1andic Building, Chicago, IL at II:00 a.m. Staffwill be contacting you ifthey havequestions concerning this rulemaking and will advise you of any change in time or location of the Committee meeting. Please contact us ifyou have anyquestionsregardingtheJCARreview procedure.

VT:DC:nn cc: Tim Fox Adm. Code Div.

### , '.- IEPAATTACHMENTNO 

## ;J_ {s)_ JOINTCOMMITTEE ONADMINISTRATIVE**R'lJ~'"""-"** 

### · " · ·- tLuNors GENERAL ASSEMBLY llln\OWJ•m'

..... -- CO-CHAIR: SEN. MAGGIE CROTTY CO-CHAIR: REP. ANGELO •SKIP" SAVIANO EXECUTIVE DIRECTOR: VICKI THOMAS

TO:

FROM:

DATE: RE: 700 STRATION BUILDING SPRINGFIELD, ILLINOIS 62706 211nas-22s4 MEMORANDUM

Tanner Girard, Chairman Pollution Control Board Vicki Thomas Executive Director 9/27/11 Nitrogen Oxides Emissions (35 Ill. Adm. Code217) 34 

### TIL Reg. 17513 -11/19/10 SEN. PAMELA ALTHOFF SEN. DON HARMON SEN.JOHN0. JONES SEN. DALE RIGHTER SEN. IRA SILVERSTEIN REP. GREGORY HARRIS REP LOU LANG FlEP DONALD MOFFITI REP. ROSEMARY MULLIGAN REP. ANDRE THAPEDI



# r:n:ceaveo

ClERK'S OFFICE



## Sf:P'2 82011 ST/ITE OF 

### IWNOIS**Pollui'''~·** Control 

### Board

The Office ofthe Joint Committee on Administrative Rules has accepted the Second Notice for the above-referenced rulemaking. The Second Noticeperiod began ori'9/26/JFand ends no later than 11/9/11, unless extended pursuantto Section 5-40 ofthe lAPA. This rulemaking is scheduled to be considered by JCAR at its 10/11/11 meeting, in Room 600C, Bilandic Building, Chicago, IL at II:00 a.m. Staffwill be contacting you ifthey have questions concerning this rulemaking and will advise you of any change in time or location of the Committee meeting. Please contactus ifyouhave anyquestions regardingthe JCARreview procedure.

VT:DC:nn cc: Tim Fox Adm. Code Div.

### JOINTCOMMITTEE ONADMINISTRATIVERULES ILLINOIS GENERALASSEMBLY IEPAATTACHMENT Nb

## ~

# 7

·-
CO-CHAIR: SEN. MAGGIE CROITY CO-CHAIR: REP. ANGELO "SKIP" SAVIANO EXECUTIVE DIRECTOR: VICKI THOMAS

Tanner Girard, Chairman Pollution Control Board James R. Thompson Center 1

00 W. Randolph, Suite 11-500 Chicago, Illinois 6060I Dear Chairman Girard: 700 STRATION BUILDING SPRINGFIELD, ILLINOIS 62706 217!785-2254

October 11, 2011 SEN. PAMELA ALTHOFF SEN. DON HARMON SEN. JOHN 0. JONES SEN. DALE RIGHTER SEN. IRA SILVERSTEIN REP. GREGORY HARRIS REP. LOU LANG REP. DONALD MOFFITT REP. ROSEMARY MULLIGAN REP. ANDRE THAPEDI**R~.**

# CL~fiflt**~~l5l·)** ocr i 

## 3

# fo1i STATE: OF 

### Pollution

# c ILLINOIS 

### Ontrot

## Boaid

This is to notifY you that JCAR considered the following proposed rulemakings at its 10/11/11 meeting: Nitrogen Oxides Emissions (35 Ill. Adm. Code 217) 

# {<J<'!#- .,, 34 Ill. Reg. 17513

- 11/19/10 Standards and Limitations for Organic Material Emissions for Area Sources (35 Ill. Adm. Code 223) 34 Ill. Reg. 17525- 11/19/10 Air Quality Standards (35 Ill. Adm. Code 243) 34Ill.Reg.17537-11/19/IO 

# Rol1- ('1 Organic Material Emission Standards and Limitations for the Chicago Area (35 Ill. Adm. Code 218) D 

# \I /\ 35 Ill. Reg. 10189-7/1/11 1'.

- 

## 2**~** r> Organic Material Emission Standards and Limitations for the Metro East Area (35 Ill. Adm. Code 219) 

## -v / 2 ? 

# ;4 35 Ill. Reg. 10207- 7/1/11 

### t--. 

## l
- .? Solid Waste (35 Ill. Adm. Code 807) 

# f(J

### b- 

## 'f

# ;4 35 Ill. Reg. I0490- 7/8/11 Standards for New Solid Waste Landfills (35 Ill. Adm. Code 811) 35 Ill. Reg. I0505

- 7/8/11 

# tz J O**~** 

## 7- f-.1.

### Ifyour agency has agreed to any substantive modifications during its discussions with JCAR, they are described in the**A~Veements** 

### attached to the certification. Based on these agreements, as well as the other responses you have provided the Committee during the review of these rulemakings, JCAR has determined that No Objection will be issued. Enclosed you will find formal certification ofthis action. Theserulemakings maynow beadopted upon filing with the Office ofthe SecretaryofState. Please note that the fact that the Committee has not objected to these rulemakings does not necessarily constitute approval, expressed orimplied, ofthe substance ofthe rulemakings. Thank you for the cooperation your agencyhas shown during our review ofthese issues. Sincerely,

# ~F~r Senator Maggie Crotty Co-Chairman SMC:RBH:DC:rm cc: Tim Fox Enc.CO-CHAIR SEN. MAGGIE CROTTY CO-CHAIR: REP. ANGELO 'SKIP' SAVIANO EXECUTIVE DIRECTOR: VICKI THOMAS 

### JOINTCOMMITTEE ONADMINISTRATIVERULES ILLINOIS GENERAL ASSEMBLY SEN. PAMELA ALTHOFF SEN. DON HARMON SEN. JOHN 0.JONES SEN. DALE RIGHTER SEN. IRA SILVERSTEIN REP: GREGORY HARRIS REP. LOU lANG REP. DONALD MOFFITT REP. ROSEMARY MULLIGAN REP. ANDRE THAPEOI 700 STRATTON BUILDING 

### (P SPRINGFIELD, ILLINOIS 62706

_**A~"-** 217/785·2254**~ \~~\c,-...**  

### rJ1J

# ~o'if.~a .

# ~

# p JOINT COMMITTEE ON ADMINISTRATIVE RULES

# <f-c,~v~'?' \<!,

# "!,~'\**~o\'0 ~o**  CERTIFICATION OF NO OBJECTION TOPROPOSED RULEMAKING

### ,...~\ 

## ''-'\J.'I.'OQel 

### "' ·of'.:**~o**

### ~~**CP~ ro-<..~-s,o~** **<;>0~..;;;**



### This is to certify that the Joint Committee on Administrative Rules, at its I0/JJ/11 meeting, considered Nitrogen Oxides Emissions (35 Ill. Adm. Code 217), proposed by the Pollution Control Board and published in the II/19/10 issue ofthe Illinois Register. After consideration, and based upon the Agreements, ifany, for modification ofthe rulemaking made by the agency and attached to this document, the Committee determined that no Objection will be issued to the above-mentioned rulernaking.

October ll, 2011

Attachments: None Vicki Thomas Executive DirectorCO-CHAIR: SEN. MAGGIE CROTTY CO-CHAIR: REP.ANGELO "SKIP" SAVIANO EXECUTIVE DIRECTOR: VICKI THOMAS 

### .JOINTCOMMITTEE ON ADMINISTRATIVERULES ILLINOIS GENERAL ASSEMBLY SEN. PAMELA ALTHOFF SEN. DON HARMON SEN. JOHN O.JONES SEN. DALE RIGHTER SEN. IRA SILVERSTEIN REP: GREGORY HARRIS REP. LOU LANG

A DAt: THAPEDI REP. DONALD MOFFITI 

### Ri$P SEMARY MULLIGAN 700 STRATION BUILDING \\ fJ SPRINGFIELD, ILLINOIS 62706**~~** 2171785-2254 

# -rv.'"r!f'

.**~ ~**  

### !> 

## Ot£-0

## '\)~~~ JOfNT COMMITTEE ON ADMfNISTRATIVE

# RUL~tv<v**0** :<-.,_ 

# ,4:,

# ~<3-**~c_,** 

# -<J o<:' 

### CERTIFJCATION OFNO OBJECTION TO PROPOSED RULEMAK!NG "-..(q;:. (I**!<..~~0** 

# eo.," qO



### This is to certifY that the Joint Committee on Administrative Rules, at its I0/11/ll meeting, considered Standards and Limitations for Organic Material Emissions for Area Sources (35 IlL Adm. Code 223), proposed bythe Pollution Control Board and published in the 11/19/10issue of the Illinois Register. After consideration, and based upon the Agreements, if any, for modification of the rulemaking made by the agency and attached to this document, the Committee determined that no Objection will 

### be issued to the above-mentioned rulemaking.

October II, 20II Executive Director

Attachments: NoneCO·CHAIR: SEN. MAGGIE CROTIY CO-CHAIR: REP. ANGELO 'SKIP" SAVIANO EXECUTIVE DIRECTOR: VICKI THOMAS 

### JOINTCOMMITTEE ONADMINISTRATIVERULES ILLINOIS GENERAL ASSEMBLY

700 STAAITON BUILDING SPRINGFIELD, ILLINOIS 62706 21 1nss-2254 JOINT COMMITTEE ON ADMINISTRATIVE RULES CERTIFICATION OF NO OBJECTION TOPROPOSED RULEMAKING SEN. PAMELA ALTHOFF SEN. DON HARMON SEN. JOHN 0.JONES SEN. DALE RIGHTER SEN. IRA SILVERSTEIN REP. GREGORY HARRIS REP. LOU LANG REP. DONALD MOFFin REP. ROSEMARY MULLIGAN REP. ANDRE THAPEDI

This is to certify that the Joint Committee on Administrative Rules, at its I0/11/11 meeting, considered Air Quality Standards (35 Ill. Adm. Code 243), proposed by the Pollution Control Board and published in the 11119/10 issue of the Illinois Register. After consideration, and based upon the Agreements, ifany, for modification ofthe rulemaking made by the agency and atta.::hed to this document, the Committee determined that no Objection will be issued to the above-mentioned rulemaking.

Oc10ber 11, 20II 

# //7 / (/)/}**~** Vicki Thomas Executive Director

Attachments: Agreements

## SECOND NOTICE CHANGES

Agency: Pollution Control Board 

### Rulemaking: Air QualityStandards (35 Ill. Adm. Code 243; 34 Ill. Reg. 17537) 

### Changes: 1. In lines 125-126, 127-128, 142, 151-152 and 155, change "micrograms per cubicmeter"**to"~".** 

### 2. In lines 181-182, 185, 189 and 222, strike "micrograms per cubic meter" and add**II~JI•** 

### 3. In line 193, strike "(1982)" and add "(incorporated byreference in Section 243.108)". 4. 

### In lines 209 and 210, delete "Part". 5. In line 209, after "53" add "(incorporated byreferencein Section 243.108)". 6. In line 210, after "53" add aperiod. 7. 

### In line 231, changethe commato an openingparenthesis and change "ofthis Part" to a closing parenthesis. 8. In line 233, after "R" changethe comma to an openingparenthesis. 9. In line 234, change "ofthis Part" to a closing parenthesis.

10113/11ILLINOIS POLLUTION CONTROL BOARD October 20, 201 I IN THE MATTER OF: ) ) AIR QUALITY STANDARDS CLEAN-UP: ) AMENDMENTS TO 35 ILL. ADM. CODE ) PARTS 217,223, AND 243 ) Adopted Rule. Final Notice. R09-19 (Rulemaking

- Air)

OPINION AND ORDER OF THEBOARD (by A.S. Moore) IEPA ATTACHMENT NO 

# (f._8'

The Board today adopts amendments to its air pollution regulations. The Illinois Environmental Protection Agency (Agency or Illinois EPA) initiated thisproceeding by filing a rulemaking proposal on December I, 2008. On November 4, 20I0, the Board issued its firstnotice opinion and order proposing amendments intended to update Part 243 ofthe Board's regulations to reflect federal air quality standards and to make technical corrections to Sections 217.388 and 223.205. 34 Ill Reg. 17513, 17525, 17537 (Nov. 19, 2010). On September22, 20II, the Board adopted its second-notice opinion and order. At its meeting on October II, 2011, the Joint Committee on Administrative Rules (JCAR) issued its Certificate ofNo Objection to the Board'sproposal. In the opinion below, the Board first provides the procedural history ofthis rulemaking before summarizing its second-notice proposal. After discussing the issues oftechnical feasibility and economic reasonableness, the Board reaches its conclusion. The orderfollowing this opinion then directs the Clerk to file the adopted amendments with the Secretary ofState for publication in the 

### Illinois Register. PROCEDURAL HISTORY On December I, 2008, the Agency filed a proposal to amend the airquality standards at Part243 ofthe Board'sregulations (Prop.). 

### See 35 Ill. Adm. Code 243. A StatementofReasons (SR) and a Technical Support Documentaccompanied the proposal. In an order dated December 18, 2008, the Board accepted the proposal for hearing. In an order dated December23, 2008, the hearing officer scheduled two hearings: the first on February 3, 2009, in Edwardsville, and the second on March I0, 2009, in Chicago. The same order set a deadline ofJanuary 20, 2009, to pre-file testimony for the first hearing. On January 20, 2009, the Agency filed a motion to reschedulethe first hearing and to set a new deadline to pre-file testimony for it. Also on January 20, 2009, the Agency filed a motion to amend its rulemaking proposal (Mot. Amend). In an order dated January 30,2009,the hearing officer granted the Agency'smotion to reschedule the first hearing, rescheduled it on March I0, 2009, in Chicago, and set a deadline of February 24, 2009, to pre-file testimony for it.

### 2

In an order dated February I9, 2009, the Board granted the Agency's motion to amend its proposal. On March 3, 2009, the Agency filed a motion to file instanter the testimony ofMr. Robert Kaleel. Mr. Kaleel's testimony (Kaleel Test.) and a revised Technical Support Document (TSD) accompanied the motion. The first hearing tookplace on March I0, 2009, and the Board received the transcript (Tr.l)on March 20, 2009. During the first hearing, the hearing officer granted the Agency's motion to file instanterthe testimony ofMr. Kaleel. Tr.l at 4-5. Also duringthe first hearing, the hearing officer admitted one exhibit into the record ofthis proceeding: 40 C.F.R 50.2- 50.15 (Exh. 1). SeeTr.l at 15. In an order dated March I0, 2009, the hearing officer scheduled the second hearing on April28, 2009, in Springfield and set April14, 2009, as the deadline to pre-file testimony for it. On April 14,2009,the Agency filed an errata sheetto its proposal (Errata 1). On the same date, the Jllinois Environmental Regulatory Group (!ERG) pre-filed the testimony ofMr. David 

### L. Ko.laz (Kolaz Test.) for the second hearing. The second hearing took place on April 28, 2009, and the Board received the transcript (Tr.2) on May 7, 2009. Duringthe second hearing, thehearing officer admitted three exhibits into the record: the coverpage, page six, and pages 62-66 ofthe Agency's 2007lllinoisAnnual Air QualityReport(Exh. 2); a "SummaryofPekin SulfurDioxideData from USEPA's [United States Environmental Protections Agency's] Airdata System" (Exh. 3); and a document entitled "Example Standard Language for Sulfur Oxides, Carbon Monoxide and Nitrogen Dioxide" (Exh. 4). As required by Section 27(b) ofthe Act (415 ILCS 5/27(b) (2010)) the Board requested in a letter dated December 19, 2008, thatthe Department ofCommerce and Economic Opportunity (DCEO) determine whether itwould conduct an economic impact study ofthe Agency'srulemakingproposal. DCEO did not respondto the Board'srequest. Atthe second hearing, the hearing officernoted the Board's requestto DCEO and the absence ofa response to it. Tr.2 at 37. Although the hearing officer afforded those present an opportunity to testify regardingthe request, no participant offered testimony. See id. at 37-38. In an orderdated May 8, 2009, thehearing officer setJune 8, 2009, as the deadlineto file post-hearing comments. On June 8, 2009, both the Agency (PC 1), and !ERG (PC 2) filed posthearing comments. On June 9, 2009, the Agency filed corrected post-hearing comments (PC 3) accompanied by a motion for leave to file instanter. On July 28, 2009, the Agency filed a "Motion to File Instanter a Requestto Add an Amendment to Part 223 to the Current Rulemaking" (Mot. Add).3

On October2, 2009, the Board docketed as a public comment an e-mail to the hearing officer from the Agency (PC 4). On November 4, 2010, the Board issued its first-notice opinion and order (Opinion). See 34111. Reg. 17513, 17525,17537 (Nov. 19, 2010). In its opinion and order, the Board granted the Agency's unopposed June 9, 2009 motion for leave to file corrected post-hearing comments instanter. Opinion at 4. The Board also granted the Agency's unopposed July 28,2009 motion to file instanter a request to add an amendment to Part 223 to thisproceeding. !d. at 4-5. On December 28, 2010, the Agency filed a second errata sheet (PC 5 orErrata 2). On January 3, 2011, IERG filed first-notice comments (PC 6). On January 18, 2011, the Agencyfiled first-notice comments (PC 7). On September 22, 2011, the Board adopted its second-notice opinion and order. At its meeting on October 11, 2011, JCAR issued its Certificate ofNo Objection to the Board's proposal. 

### SUMMARY OF SECOND-NOTICE PROPOSAL In its second-notice opinion and order, the Board summarized significant elements ofthe record in this proceeding, and it will not repeat those summaries today. See Air Quality Standards Clean-Up: Amendmentsto 35 Ill. Adm. Code Parts 217, 223, and 243, R9-19 (Sept. 22, 2011). The Board directs the reader to the second-notice opinion and order for a summary of the Board's first-notice opinion and order (id. at 3-8), the Agency's second errata sheet (id. at 8- 10), !ERG'sfirst-notice comments (id. at 10-15), and the Agency's first-notice comments (id. at 15-16).In the following subsection, the Board provides a briefsection-by section-review ofits second-notice opinion and order, which the Board today adopts with only a small number of technical changes by JCAR. Section 217.388 In its first-notice opinion, theBoard concurred with apublic comment indicatingthat Section 217.388(a)(2)(B) includes an incorrectcross-reference. The Board agreed that the public commentproposed an appropriate correction and submitted that correction to publication. Firstnotice comments did not address the substance ofthis proposal. Accordingly, the Board's second-notice order submitted this proposed amendment ofSection 217.388 to JCAR review. Section 223.205 In its first-notice opinion, the Board granted the Agency's unopposed motion to add a proposed amendment to Section 223.205 for consideration in this docket. Specifically, the Agency soughtto amend the name ofthe category "Adhesives-- Construction, Panel and Floor Contact" to correspond to the definition ofthe term "Adhesives --Construction, Panel and Floor4 Covering Adhesives." The Board found that this proposed amendment would clarify the Board's volatile organic material emission regulations and submitted it to publication. First-notice comments did not address the substance ofthis proposal. Accordingly, the Board's secondnotice order submitted this proposed amendment ofSection 223.205 to JCAR review. Part243 SubpartA: General Provisions Section 243.101: Definitions In its first-notice opinion, the Board in this section proposed only a single nonsubstantive change. JCARproposed additional non-substantive changes. First-notice comments did not address any ofthese proposed amendments. Accordingly, the Board's second-notice order submitted the amended Section 243.101 to JCAR review. Section 243.104: Nondegradation In its first-notice opinion, the Boardproposed in this section only a single change correcting a typographical error, and JCARproposed additional non-substantive changes. Firstnotice comments did not address any ofthese amendments. Accordingly, the Board's secondnotice order submitted the amended Section 243.104 to JCARreview. Section 243.106: Monitoring Although the Board'sfirst-notice opinion proposed in this section one change deleting an extra letter in a single word (see Opinion at 42), Illinois Registerpublication ofthe Board's proposal inexplicably did not include Section 243.106. Consequently, this provision was not submitted to the statutory 45-day commentperiod, and the Board could notpropose changes to the section for the first time at second notice. See 5 ILCS I00/5-40(b) (201 0) ("Each agency shall give at least45 days notice ofits intended action to the general public. This first notice period shall commence on the first day the notice appears in the Illinois Register.") The Board stated that, although the Agency's second errata sheet did propose additional clarifying amendments to this section (Errata 2 at 1), the Agencymustnecessarily pursue those amendments in anotherproceeding. The Board noted that it had recently accepted for hearing in docket Rl2-8 an Agency proposal to amend other sections ofthe Board's airregulations, and this proceeding may present aprocedural avenue for submitting theseproposed changes. Section 243.107: Reference Conditions In its first-notice opinion, the Board submitted to publication the Agency'sproposal regarding measurements ofPM2.5. During the first-notice commentperiod, the Agency's second errata sheet proposed to amend this section by adding reference to lead measurements. Errata 2 at 1. As noted above under "Procedural History," the Board has granted the Agency's motion to amend its original rulemaking proposal to reflect a new federal air quality standard for lead. The Board concluded that the changes proposed bythe second errata sheet clarify the amended proposal and submitted them to JCAR review.5

Section 243.108: Incorporations by Reference In its first-notice opinion, the Board submitted to publication the Agency's proposed amendments to materials incorporated by reference. During the first-notice comment period, the Agency's second errata sheet proposed to amend this section to incorporate two additional sets ofmaterial: the hi-volume method at 40 C.F.R. 50 Appendix B (1983), and the gas phase chemiluminescence method at 40 C.F.R. 50 Appendix F (I983). Errata 2 at 2. The Board noted, however, that it has revised the lead standard at Section 243.126 for second notice by requiring the use ofa reference method specified in 40 C.F.R. Part 50 Appendix G, which sets forth sample collection requirements, instead of40 C.F.R. 50 Appendix B. Accordingly, incorporation ofAppendix B was no longer necessary, and the Board declined to list it in this section for second-notice review. See 40 C.F.R. 50 Appendix G (crossreferencing Appendix B). In addition, the Board noted thatthe gas phase chemiluminescence method measures nitrogen dioxide concentrations. However, as the Board declined to adopt substantive amendments to this standard, it declined to incorporate this method by reference for secondnotice review. Part243 SubpartB: Standards and MeasurementMethods Section 243.120: PM 10 and PM,,5 In its first-notice comments, JERG stated that it concurred withthe languageproposed by the Board in its first-notice opinion and order (Opinion at43-44), which the Agency's second errata sheet effectively restated (PC 4 at 2-3). Specifically, !ERG stated that it "supports the substantive elements ofthe Agency's suggestions" with one exception. "[t]hephrase 'or an equivalent method designated in 40 CFR 53' should read 'or an equivalent method designated pursuantto 40 CFR 53' in subsection (b) after 'Appendix

### J' and in subsection (d) after 'Appendix L.'" PC 6 at4. TheBoardproposed for second-notice reviewthe language ofits first-notice opinion and order, which is effectivelyrestated bythe Agency's second errata sheet. The Board also concludedthat the language proposed by !ERG'sfirst-notice comment would clarify this provision, and theBoard incorporated that language in its order. Section 243.122: SulfurOxides (SulfurDioxide) Through its testimony byMr. Kolaz and its post-hearing comments, !ERG sought to amend the Agency's original proposal for the SO, standard. See Kolaz Test. at 2-4; PC 2 at 5-9. TheAgency opposed adoption ofiERG'sproposed amendments. See PC 3 at 5-6; PC 7 at I. In its first-notice opinion, the Board effectively submitted the Agency'sproposal to first-notice publication and declined to adopt the language proposed by !ERG. Opinion at 22.

### 6

In its first-notice comment, !ERG noted that USEPA had adopted a new sulfur dioxide NAAQS, which revokes both the annual and the 24-hour standard. PC 6 at I0, citing 75 Fed. Reg. 35520 (June 22, 2010). The Agency also noted that USEPA had revised this and other standards and stated that it "intends to propose revisionsto these standards in a separate rulemaking in the near future." PC 7 at I. !ERG acknowledged that these circumstances "reduce the potential impact ofany interpretation ofthe current state rule that results in a more stringent conclusion than that which would be reached from the revoked federal rule." PC 

### 6at I0. In light ofthese considerations, the Board submitted to JCAR review only non-substantive changes to Section 243.122 as proposed for first notice. As the Agency intended to address the recent federal revision ofthis standard "in the near future," the Board anticipated a full substantive review at thattime. 

### Section 243.123: Carbon Monoxide In its first-notice opinion, the Board noted thatthe Agency's original proposal had not soughtto amend the carbon monoxide standard in Section 243.123. Opinion at 23. Although IERG had sought to amend this language (see Kolaz Test. at 10-11), the Board declined to submit !ERG'sproposal to first-notice publication. Opinion at 23. The Board recognized that IERG has restated its position in favor ofamending the carbon monoxide standard. See PC 6 at 12 (IERG), PC 7 at 

### I, 2 (Agency). However, the Board could not propose changes to this section for the first time at second-notice. See 5 ILCS I00/5-40(b) (2010). In this regard, the Agency indicated thatUSEPA is considering a revision ofthis standard and that an Agency rulemaking proposal would follow that federal action. See PC 7 at I. Again, the Board anticipated a full substantive review in a future rulemaking. 

### Section 243.124: Nitrogen Dioxide In its first-notice opinion, the Board noted thatthe Agency's original proposal had not sought to amend the nitrogen dioxide standard in Section 243.124. Opinion at 23. Through its testimony byMr. Kolaz and in post-hearingcomments, IERG has recommended amendmentsto provision. See Kolaz Test. at 4-5; PC 2 at 9-10. The Agency has opposed adoption oflERG's proposed amendments. See PC 3 at 5-6; PC 7 at I. In its first-notice opinion, the Board declined to submit any amendment ofthis section to first-notice publication. Opinion at 23-24. Accordingly, the Board may notpropose changes to this section for the first time at second notice. See 5 JLCS I00/5-40(b) (2010). In addition, !ERG'sfirst-notice comment noted that USEPA "haspromulgated a new nitrogen dioxide standard while retainingthe current annual standard." PC 6 at II, citing 75 Fed. Reg. 6474 (Feb. 9, 201 0). IERG stated that it "anticipates that at some point the Agency will propose adoption ofthe federal standard and this mattercan be addressed atthat time." PC 6 at 

### II. The Agency noted that USEPA has revised this and other standards and states that it "intendsto propose revisions to these standards in a separate rulemaking in the near future." PC 

### 7 at 

### I. As the Agency intended to address the recent federal revision ofthis standard "in the near future," the Board anticipated a full substantive review ofthis standard at thattime. Among

### 7

other issues, the Board expected the Agencyto address in that proceeding whetherto incorporate the gas phase chemiluminescence method for measurement ofnitrogen dioxide concentrations. Section 243.125: 8-Hour Ozone In its first-notice comments, !ERG stated that it concurred with the language proposed by the Board in its first-notice opinion and order (Opinion at 45), which the Agency's second errata sheet effectively restates (PC 4 at 3-4). Specifically, !ERG stated that it "supports the substantive elements oftheAgency's suggestions"with a single exception. "[T]he first sentence ofsubsection (b) should be replaced with the sentence 'Ozone shall be measured by a reference method based on 40 CFR Part 50, appendix D and designated in accordance with 40 CFR Part 53 or an equivalent method designated in accordance with 40 CFR Part 53.'" PC 6 at 5. The Boardproposed for second-notice reviewthe language ofits first-notice opinion and order, which was effectively restated bythe Agency's second errata sheet. The Board also concluded that the language proposed in !ERG'sfirst-notice comment would clarify this provision, and the Board incorporated that language for JCAR review. Section 243.126: Lead In its first-notice comments, !ERGproposed amendmentsto Section 243.126 on the basis thatthey would "correct and clarify" this provision and make it more consistent with the federal standard. Having reviewed thefirst-notice comments, the Board found IERG'sposition largely persuasive. In subsection (a), the Board concurred that the language should refer to airquality standards for lead and its compounds. However, the Board declined to amend the Agency's reference to a "maximum rollingthree month average measured and determined over a threeyearperiod." The Board concluded thatthis language was sufficientlyclear and was consistent with 40 C.F.R. 50 Appendix R. In subsection (b), the Board concluded that !ERG'sproposed language made this provision more clearand also reflected the federal standard more closely than the Agency'sproposal. The Board reflected these conclusion and finding in its secondnotice opinion and order. TECHNICAL FEASIBILITYAND ECONOMIC REASONABLENESS As noted above under "Procedural Background," the Board in a letter dated December 19, 2008, requested that DCEO determine whether it would conduct an economic impact study ofthe Agency's rulemaking proposal. See 415 ILCS 5/27(b) (2010). DCEO did not respond to theBoard's request. Atthe second hearing, the hearing officernoted the Board'srequestto DCEO and the absence ofa responseto it. Tr.2 at 37. Althoughthe hearing officer afforded those present an opportunityto testify regardingthe request, no participant offered testimony regardingthat issue. See id. at 37-38. At first notice, the Board noted thatthe Agency's Statement ofReasons addressed the issues oftechnical feasibility and economic reasonableness with a statement providing in its entiretythat8 [t]he amendments to Part 243 do not impose new requirements, they merely update the State's regulations to reflect current federal law and standards. The Illinois EPA therefore believes that an analysis oftechnical feasibility and economic reasonableness is not appropriate. These standards are well known to industry and have been thoroughly discussed by the U.S. EPA. Opinion at 25; see SR at 4. Generally, the Board proposed for first-notice publication language reflecting the Agency's intent to adopt revised NAAQS promulgated by USEPA into Part 243. Opinion at 25. The Board generally declined to propose language that was not suggested by the Agency and that raised questions about identifyingpotentially affected sources and projecting economic and environmental impacts. Accordingly, the Board concurred with the Agencythat the first-notice proposal reflected current federal law and that compliance with it is both technically feasible and economically reasonable. 

### !d. The Board also concluded that the proposed amendments to Parts 217 and 223 provide only clarifying technical corrections and are also technically feasible and economicallyreasonable. Jd. In the absence ofanypersuasive argumentto the contrary, the Board concludes that the adopted amendments below are both technically feasible and economicallyreasonable. CONCLUSION The Board adopts amendments to air quality standards in Part 243 ofits airpollution regulations and also adopts technical corrections in Sections 2I7.388 and Part 223.205. Substantively, the Board adopts its second-notice proposal with a small number oftechnical changes by JCAR. ORDER The Board directs the Clerk to file the following adopted rules with the Secretary ofState for publication in the Illinois Register. Additions to the rules are underlined, and proposed deletions from them appear stricken.

Section 217.100 217.10I TITLE 35: ENVIRONMENTALPROTECTION SUBTITLE B: AIR POLLUTION CHAPTER 1: POLLUTION CONTROL BOARD**SUBCHAPTER~:** EMISSION STANDARDS AND LIMITATIONS FOR STATIONARY SOURCES PART217 NITROGEN OXIDES EMISSIONS SUBPART A: GENERAL PROVISIONS
Scope and Organization Measurement Methods217.102 217.103 217.104

Section 217.121

Section 217.141

Section 217.150 21'7.152 217.154 217.155 217.156 217.157 217.158

Section 217.160 217.162 217.164 217.165 217.166

Section 217.180 217.182 217.184 217.185 217.186

Section Abbreviations and Units Definitions Incorporations by Reference 

### 9

SUBPART B: NEW FUEL COMBUSTION EMISSION SOURCES

New Emission Sources (Repealed) SUBPART C: EXISTING FUEL COMBUSTION EMISSION UNITS

Existing Emission Units in MajorMetropolitan Areas SUBPARTD: NOx GENERAL REQUIREMENTS
Applicability Compliance Date Performance Testing Initial Compliance Certification Recordkeeping and Reporting Testing and Monitoring Emissions Averaging Plans SUBPARTE: INDUSTRIAL BOILERS
Applicability Exemptions Emissions Limitations Combination ofFuels Methods and Procedures for Combustion Tuning SUBPARTF: PROCESS HEATERS
Applicability Exemptions Emissions Limitations Combination ofFuels Methods and Procedures for Combustion Tuning SUBPART G: GLASS MELTING FURNANCES217.200 217.202 217.204

Section 217.220 217.222 217.224

Section 217.240 217.242 217.244

Section 217.301

Section 217.340 217.342 217.344 217.345

Section 217.381

Section 217.386 217.388 217.390 217.392 217.394 217.396 Applicability Exemptions Emissions Limitations 10

SUBPARTH: CEMENTAND LIME KILNS
Applicability Exemptions Emissions Limitations SUBPART 1: IRON AND STEELAND ALUMINUM MANUFACTURING
Applicability Exemptions Emissions Limitations SUBPART K: PROCESS EMISSION SOURCES

Industrial Processes SUBPART M: ELECTRICAL GENERATING UNITS
Applicability Exemptions Emissions Limitations Combination ofFuels SUBPART 0: CHEMICALMANUFACTURE

Nitric Acid Manufacturing Processes SUBPARTQ: STATIONARY RECIPROCATING INTERNAL COMBUSTION ENGINES AND TURBINES
Applicability Control and Maintenance Requirements Emissions AveragingPlans Compliance Testing and Monitoring Recordkeeping and ReportingSection 217.400 217.402 217.404 217.406 217.408 217.410

Section 217.450 217.452 217.454 217.456 217.458 217.460 217.462 217.464 217.466 217.468 217.470 217.472 217.474 217.476 217.478 217.480 217.482

Section 217.521 217.700 217.702 217.704 217.706 217.708 217.710 217.712 

### I 1

SUBPART T: CEMENT KILNS
Applicability Control Requirements Testing Monitoring Reporting Recordkeeping SUBPART U: NO, CONTROL AND TRADING PROGRAM FOR SPECIFIED NO, GENERATING UNITS
Purpose Severability Applicability Compliance Requirements Permitting Requirements Subpart UNO,Trading Budget Methodology for ObtainingNO,Allocations Methodology for DeterminingNO,Allowances from theNew Source Set-Aside NO, Allocations Procedure for SubpartU Budget Units New Source Set-Asides for "New" Budget Units Early Reduction Credits (ERCs) for BudgetUnits Low-EmitterRequirements Opt-In Units Opt-In Process Opt-In Budget Units: Withdrawal from NO, Trading Program Opt-In Units: Change in Regulatory Status AllowanceAllocations to Opt-In BudgetUnits SUBPART V: ELECTRIC POWERGENERATION

Lake ofEgypt Power Plant Purpose Severability Applicability Emission Limitations NO,Averaging Monitoring Reporting and Recordkeeping SUBPARTW: NO, TRADING PROGRAM FORSection 217.750 217.751 217.752 217.754 217.756 217.758 217.760 217.762 217.764 217.768 217.770 217.774 217.776 217.778 217.780 217.782

Section 217.800 217.805 217.810 217.815 217.820 217.825 217.830 217.835 217.840 217.845 217.850 217.855 217.860 217.865 12

ELECTRICAL GENERATING UNITS
Purpose SunsetProvisions Severability Applicability Compliance Requirements Permitting Requirements NOx Trading Budget Methodology for CalculatingNOx Allocations for BudgetElectrical Generating Units (EGUs) NOx Allocations for BudgetEGUs New Source Set-Asides for "New" Budget EGUs Early Reduction Credits for BudgetEGUs Opt-In Units Opt-In Process Budget Opt-In Units: Withdrawal from NOx Trading Program Opt-In Units: Change in Regulatory Status Allowance Allocations to Budget Opt-In Units SUBPARTX: VOLUNTARYNOx EMISSIONS REDUCTION PROGRAM
Purpose Emission Unit Eligibility Participation Requirements NOx Emission Reductions and the Subpart XNOx TradingBudget Baseline Emissions Determination Calculation ofCreditableNOx Emission Reductions Limitations on NOx Emission Reductions NOx Emission Reduction Proposal Agency Action Emissions Determination Methods Emissions Monitoring Reporting Recordkeeping Enforcement Section 217.APPENDIX A Section 217.APPENDJX B Section 217.APPENDIX C Section 217.APPENDIX D Section 217.APPENDIX E Section 217.APPENDJX F Rule into Section Table Section into Rule Table Compliance Dates Non-Electrical Generating Units LargeNon-Electrical Generating Units Allowances for Electrical Generating Units13

Section 217.APPENDIX G Existing Reciprocating Internal Combustion EnginesAffected by theNO, SIP Call Section 217.APPENDJX H Compliance Dates for Certain Emissions Units at Petroleum Refineries AUTHORITY: Implementing Sections 9.9 and 10 and authorized by Sections 27 and 28 ofthe Environmental Protection Act (415 ILCS 5/9.9, 10,27 and 28]. SOURCE: Adopted as Chapter 2: Air Pollution, Rule 207: Nitrogen Oxides Emissions, R71-23, 4PCB I91, April 13, I972, filed and effective April I4, 1972; amended at 2 III. Reg. 17, p. 101, effective April 13, I978; codified at 7 Ill. Reg. 13609; amended in ROI-9 at 25 Ill. Reg. 128, effeC!iveDecember26, 2000; amended in ROJ-11 at 25 Ill. Reg. 4597, effective March 15, 2001; amended in RO.J-16 and RO 1-17 at 25 III. Reg. 5914, effectiveApril 17, 200I; amended in R07- 18 at 31 III. Reg. I4271, effective September25, 2007; amended 

### in R07-19 at 33 

### Ill. Reg. 11999, effective August 6, 2009; amended in R08-19 at 33 III. Reg. 13345, effective August 31, 2009; amended in R09-20 at 33 Ill. Reg. 15754, effectiveNovember 2, 2009; amended in Rl I-17 at 35 Ill. Reg. 7391, effective April 22, 2011; amended 

### in Rll-24 at 35 Ill. Reg. 14627, effective August 22, 2011; amended in R11-8 at 35 Ill. Reg. 16600, effective September27, 2011; amended 

### in R09-19 at 35 III. Reg.

__ , effective

__ . SUBPARTQ: STATIONARYRECIPROCAT1NG INTERNAL COMBUSTION ENGINES AND TURBINES Section 217.388 Control and MaintenanceRequirements a) On and afterthe applicable compliance date in Section 217.392, an owner or operator ofan affected unit must inspect and maintain affected units as required by subsection (a)(4) ofthis Section and comply with one ofthe following: the applicable emissions concentration as set forth in subsection (a)(I) ofthis Section, the requirements for an emissions averagingplan as specified in subsection (a)(2) ofthis Section, or the requirements for operation as a low usage unit as specified in subsection (a)(3) ofthis Section. I) Limitsthe discharge from an affected unit into the atmosphere ofany gases that containNO,to no morethan: A) 150 ppmv (corrected to 15 percent 

### 0 2 on a dry basis) for sparkignited rich-burn engines; B) 210 ppmv (corrected to 15 percent

### 0 2 on a dry basis) for sparkignited Jean-burn engines, except for existing spark-ignited Worthington engines that are not listed in Appendix G; C) 365 ppmv (corrected to 15 percent 

### 0 2 on a dry basis) for existing spark-ignited Worthington engines that are not listed inAppendix 

### G;14

D) 660 ppmv (corrected to 15 percent 

### 0 2 on a dry basis) for diesel engmes; E) 42 ppmv (corrected to 15 percent 

### 0 2 on a dry basis) for gaseous fuel-fired turbines; and F) 96 ppmv (corrected to 15 percent 

### 0 2 on a dry basis) for liquid fuelfired turbines. 2) Complies with an emissions averaging plan as provided for in either subsection (a)(2)(A) or (a)(2)(B) ofthis Section: A) For any affected unit identified by Section 217.386: The requirements ofthe applicable emissions averaging plan as set forth in Section 217.390; or B) Forunits identified in Section**217.386(a)~** The requirements ofan emissions averagingplan adopted pursuantto any other Subpart ofthis Part. For such affected engines and turbines the applicable requirements ofthis Subpart apply, including, but not limited to, calculation ofNOx allowable and actual emissions rates, compliance dates, monitoring, testing, reporting, and recordkeeping. 3) Operates, for units notlisted in Appendix G, the affected unit as a low usage unitpursuantto subsection (a)(3)(A) or (a)(3)(B) ofthis Section. Low usage units that are not part ofan emissions averagingplan are not subject to the requirements ofthis Subpart 

### Qexcept for the requirements to inspect and maintain the unitpursuant to subsection (a)(4) ofthis Section, test as required by Section 217.394(f), and retain records pursuant to Section 217.396(b) and (d). Either the limitation in subsection (a)(3)(A) or (a)(3)(B) may be utilized at a source, but not both: A) The potential to emit (PTE) is no more than I00 TPYNOx aggregated from all engines and turbines located at the sourcethat are not otherwiseexemptpursuantto Section 217.386(b), and not complyingwith the requirements ofsubsection (a)(I)or (a)(2) of this Section, and the NOx PTE limit is contained in a federally enforceable permit; or B) The aggregate bhp-hrs/MW-hrs from all affected units located at the sourcethat are notexempt pursuant to Section 217.386(b), and not complying with the requirements ofsubsection (a)(l) or (a)(2) ofthis Section, are less than or equal to the bhp-hrs and MW-hrs operation limit listed in subsections (a)(3)(B)(i) and (a)(3)(B)(ii) of15

this Section. The operation limits ofsubsections (a)(3)(B)(i) and (a)(3)(B)(ii) ofthis Section must be contained in a federally enforceable permit, except for units that drive a natural gas compressor located at a natural gas compressor station or storage facility. The operation limits are: i) 8 mm bhp-hrs or less on an annual basis for engines; and ii) 20,000 MW-hrs or less on an annual basis for turbines. 4) Inspects and performsperiodic maintenance on the affected unit, in accordance with a Maintenance Plan that documents: A) For a unit not located at natural gas transmission compressor station or storage facility, either: i) The manufacturer's recommended inspection and maintenance ofthe applicable air pollution control equipment, monitoring device, and affected unit; or ii) Ifthe original equipment manual is not available or substantial modifications have been made that require an alternative procedure for the applicable airpollution control device, monitoring device, or affected unit, the owner or operator must establish a plan for inspection and maintenance in accordance with what is customary for the type ofairpollution control equipment, monitoring device, and affected unit. B) For a unit located at a natural gas compressor station or storage facility, the operator's maintenance procedures for the applicable airpollution control device, monitoring device, and affected unit. b) Owners and operators ofaffected units may change the method ofcompliance with this Subpart, as follows: I) When changing the method ofcompliance from subsection (a)(3) ofthis Sectionto subsection (a)(J) or (a)(2) ofthis Section, the owneroroperator must conduct testing and monitoring according to the requirements of Section 217.394(a) through (e), as applicable. For this purpose, references to the "applicable compliance date" in Section 217.394(a)(2) and (a)(3) shall mean the date bywhich compliance with subsection (a)(!) or (a)(2) ofthis Section is to begin.16 2) An owner oroperator ofan affected unit that is changing the method of compliance from subsection (a)(l) or (a)(2) ofthis Section to subsection (a)(3) ofthis Section must: A) Continue to operate the affected unit's control device, ifthat unit relied upon aNOx emissions control device for compliance with the requirements ofsubsection (a)(l)or (a)(2) ofthis Section; and B) Priorto changing the method ofcompliance to subsection (c) of this Section, complete any outstanding initial performance testing, subsequentperformances testing or monitoring as required by Section 217.394(a), (b), (c), (d) or (e) for the affected unit. Ifthe deadline for such testing or monitoring has not yet occurred (e.g., the five-year testing or monitoring sequence has not yet elapsed), the owneroroperator must complete the test or monitoring prior to changing the method ofcompliance to subsection (a)(3) ofthis Section. Afterchanging the method ofcompliance to subsection (a)(3) ofthis Section, no additional testing ormonitoring will be required for the affected unit while it is complying with subsection (a)(3) ofthis Section, except as provided for in Section 217.394(f). (Source: Amended at 35 Ill. Reg.

___ , effective

### __j

TITLE 35: ENVIRONMENTAL PROTECTION SUBTITLE B: AIRPOLLUTION CHAPTERI: POLLUTION CONTROL BOARD SUBCHAPTER c: EMISSION STANDARDS AND LIMITATIONS FOR STATIONARY SOURCES PART 223 STANDARDS AND LIMITATIONS FOR ORGANIC MATERIAL EMISSIONS FORAREA SOURCES

Section 223.100 223.105 223.120

Section 223.200 223.201 SUBPARTA: GENERAL PROVISIONS
Severability Abbreviations and Acronyms Incorporations by Reference SUBPART B: CONSUMERAND COMMERCIAL PRODUCTS
Purpose Applicability223.203 223.205 223.206 223.207 223.208 223.209 223.210 223.220 223.230 223.240 223.245 223.250 223.255 223.260 223.265

223.270 223.275 223.280 223.285 Definitions for Subpart B Standards Diluted Products 17

Products Registered underFIFRA Requirements for Aerosol Adhesives Requirements for Floor Wax Strippers Products Containing Ozone-Depleting Compounds Requirements for Charcoal LighterMaterial Exemptions Innovative Product Exemption Alternative Compliance Plans Product Dating Additional Product DatingRequirements Most Restrictive Limit Additional Labeling Requirements for Aerosol Adhesives, Adhesive Removers, Electronic Cleaners, Electrical Cleaners, Energized Electrical Cleaners, and Contact Adhesives Reporting Requirements Special Recordkeeping Requirements for ConsumerProducts that Contain Perchloroethylene orMethylene Chloride Calculating Illinois Sales Test Methods SUBPART C: ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATINGS Section 223.300 223.305 223.307 223.310 223.320 223.330 223.340 223.350 223.360 223.370 Purpose Applicability Definitions for Subpart C Standards Container Labeling Requirements Reporting Requirements Compliance Provisions and Test Methods Alternative Test Methods Methacrylate Traffic Coating Markings Test Methods AUTHORITY: Implementing Section I0 and authorized by Sections 27 and 28 ofthe Environmental Protection Act (415 ILCS 5/10,27 and 28]. SOURCE: Adopted in R08-17 at 33111. Reg. 8224, effective June 8, 2009; amended in R09-19 at 35 Ill. Reg. , effective SUBPART B: CONSUMERAND COMMERCIAL PRODUCTS Section 223.205 Standards18

a) Except as provided in Section 223.207, 223.230, 223.240, or 223.245, no person shall sell, supply, offer for sale, ormanufacture for sale in Illinois any consumer product manufactured on or after July 

### I, 2009 that contains YOMs in excess of the limits specified in this subsection: Affected Product % VOM by Weight I) Adhesives- Spray



### 2)

3) 4) A) B) Mist Spray Web Spray C) Special Purpose Spray Adhesives i)

ii)
iii) Mounting, Automotive Engine Compartment, and Flexible Vinyl Polystyrene Foam and Automotive Headliner Polyolefin and Laminate Repair/Edgebanding Adhesives- Construction, Panel, and Floor CoveringContaet Adhesives

- General Purpose Adhesives- Structural Waterproof 5) AirFresheners A) 

## B) C) D) Single-Phase Aerosol Double Phase Aerosol Liquids fPump Sprays Solids fGel 6) Antiperspirants A) Aerosol 65 55

70

65



### 60

15 10 15

30 25 18 3

40HVOM 10 HVOM7) 

### 8) 19

B) Non-Aerosol

Automotive Brake Cleaners Automotive Rubbing orPolishing Compound 9) Automotive Wax, Polish, Sealant, or Glaze A) B) C) Hard Paste Waxes Instant Detailers All OtherForms 10) Automotive Windshield WasherFluids II) Bathroom and Tile Cleaners A) B) Aerosol All Other Forms OMVOM OMVOM 45 17

45 3 15 

### 35

7 

### 5 12) Bug and TarRemover 40 13) Carburetor orFuel-Injection AirIntake Cleaners 45 14) Carpet and Upholstery Cleaners A) B) C) Aerosol Non-Aerosol (Dilutables) Non-Aerosol (Ready-to-Use) 15) Charcoal LighterMaterial 16) Cooking Spray- Aerosol I7) Deodorants A) Aerosol
B) Non-Aerosol 7 0.1 3.0

see Section 223.220

0 10 0 18

HVOM HVOM MVOM18)

19)

20) 21) 20

Dusting Aids A) Aerosol B) All Other Forms Engine Degreasers A) Aerosol B) Non-Aerosol Fabric Protectants FloorPolishes 

### IWaxes A) B) C) Products for Flexible Flooring Materials Products for Nonresilient Flooring Wood Floor Wax 22) FloorWax Strippers 23) Furniture Maintenance Products

24)

25)

26) A) B) Aerosol All Other Forms Except Solid or Paste General Purpose Cleaners A) Aerosol B) Non-Aerosol General Purpose Degreasers A) Aerosol B) Non-Aerosol Glass Cleaners 0 MVOM

25 

### 7

35 

### 5 60



### 7 10 90

see Section 223.209

17
7

10 

### 4

50 

### 4

### 21

. A) Aerosol 

### 12 B) Non-Aerosol 

### 4 27) HairMousses 6 

### 28) Hairshines 

### 55 29) Hairsprays 

### 55 30) Hair Styling Gels 6 

### 31) Heavy Duty Hand Cleaner or Soap 

### 8 

### 32) Insecticides A) Crawling Bug (Aerosol) 

### 15 B) Crawling Bug (All Other Forms) 

### 20 C) Flea and Tick 

### 25 D) Flying Bug (Aerosol) 

### 25 E) Flying Bug (All OtherForms) 

### 35 F) Foggers 

### 45 G) Lawn and Garden (Aerosol) 

### 20 H) Lawn and Garden (All OtherForms) 

### 3 I) Wasp and Hornet 

### 40 33) Laundry Prewash A) Aerosols I Solids 

### 22 B) All Other Forms 

### 5 34) Laundry Starch Products 

### 5 35) Metal Polishes I Cleansers 

### 30 36) Multi-Purpose Lubricant (Excluding Solid or Semi-Solid Products) 

### 50

### 22

37) Nail Polish Removers 38) Non-Selective Terrestrial Herbicide- Non-Aerosol 39) Oven Cleaners A) Aerosols 

### I Pump Sprays B) Liquids 40) Paint Removers or Strippers 41) Penetrants 42) Rubberand Vinyl Protectants



### 43) 44) 45) A) Aerosol B) Non-Aerosol Sealants and Caulking Compounds Shaving Creams Silicone-Based Multi-Purpose Lubricants (Excluding Solid or Semi-SolidProducts) 46) SpotRemovers A) Aerosol B) Non-Aerosol 47) Tire Sealants and Inflators 48) Undercoatings- Aerosols 75 3



### 8 5 50 50



### 10 3 

### 4 5



### 60



### 23 8 20 40 b) No person shall sell, supply, offer for sale, ormanufacture for sale in Illinois, on orafterJuly I, 2009, any antiperspirant ordeodorantthat contains any compound listed below: Benzene EthyleneDibromide23 Ethylene Dichloride Hexavalent Chromium Asbestos Cadmium (metallic cadmium and cadmium compounds) Carbon Tetrachloride Trichloroethylene Chloroform Vinyl Chloride Inorganic Arsenic Nickel (metallic nickel and inorganic nickel compounds) Perchloroethylene Formaldehyde I,3-Butadiene Inorganic Lead Dibenzo-p-dioxins and dibenzofurans chlorinated in the 2,3,7 and 8 positions and containing 4,5,6 or 7 chlorine atoms (Source: Amended at 35 Ill. Reg.

___, effective----'

Section 243.101 TITLE 35: ENVIRONMENTAL PROTECTION SUBTITLE B: AIR POLLUTION CHAPTERI: POLLUTION CONTROL BOARD SUBCHAPTER 1: AIR QUALITY STANDARDS AND EPISODES PART 243 AIR QUALITY STANDARDS SUBPART A: GENERAL PROVISIONS

Definitions243.102 243.103 243.104 243.106 243.107 243.108 Preamble Applicability Nondegradation Monitoring Reference Conditions Incorporations by Reference 24

SUBPART B: STANDARDS AND MEASUREMENT METHODS Section 243.120 243.121 243.122 243.123 243.124 243.125 243.126 PM10and_PM"PM J() Particulates (Repealed) Sulfur Oxides (Sulfur Dioxide) Carbon Monoxide Nitrogen Dioxide 8-HourOzone Lead 243.APPENDIX A 243.APPENDIX B 243.APPENDIX C Rule into Section Table Section into Rule Table PastCompliance Dates AUTHORITY: Implementing Section 10 and authorized by Section27 and 28 ofthe Environmental Protection Act [415 ILCS 5/10,27, and 28]. SOURCE: Adopted as Chapter2: AirPollution, Part lll: AirQuality Standards, in R71-23, 4 PCB 191, filed and effective April 14, 1972; amended in R80-ll, 46 PCB 125, at 6 Ill. Reg. 5804, effective April 22, 1982; amended in R82-12, at 7 Ill. Reg. 9906, effectiveAugust 18, 1983; codified at 7 Ill.Reg. 13630; amended in R91-35 at 16 Ill.Reg. 8185, effectiveMay 15, 1992; amended in R09-19 at 35111. Reg. , effective

__


### SUBPARTA: GENERAL PROVISIONS Section 243.101 Definitions a) Except as flereiRafter stated in thisPart and unless a differentmeaning ofaterm is clearfrom its context, the definitions oftermsused in this Part shall be the same as those used in the Environmental Protection Act [415ILCS 5] (Ill. Rev. Stat. 1981, efl. 111 112, J3aFS. HJ()] et seEj.)(Act). b) All termsthatwffiffi appear in this Parthavethe definitions specified by 35 Ill. Adm. Code .f'arts-201 or 211 eftflis Ckaj3ter. (Source: Amended at 35 lll. Reg

..___ ,, effective_).25

Section 243.104 Nondegradation Existing ambient air quality that-wftiffi is betterthan the established ambient air quality standards at the date oftheir adoption will be maintained in its present high quality. Such ambient air quality shall not be lowered unless and until it is proved to the Illinois Environmental Protection Agency (Agency) that thesoofi change isjustifiable as a result ofnecessary economic and social development and will not interfere with orbecome injurious to human health orwelfare. (Source: Amended at 35 Ill. Reg.

___ ., effective_). Section 243.107 Reference Conditions All measurements ofair quality, except PM2.s and lead, are corrected to a reference temperature of25°C, and to a reference pressure of760 millimeters ofmercury (1013.2 millibars). PM65 and lead measurements shall be based upon the actual ambient air volume measured at the actual temperature and pressure at the monitoring site during the measurement period. (Source: Amended at 35 Ill. Reg.

___ ,, effective--' Section 243.108 Incorporations by Reference The following materials are incorporated by reference. These incorporations do not include any later amendments or editions: a) Pararosaniline method, 40 CFR 50,**appendixAp~eneiJt** A (I 982). b) Non-dispersive infrared spectrometry technique, 40 CFR 50, appendixAppenei)( C (1982), 36 Fed. Reg. 22391, November25, 1971. c) Colorimetric method, 36 Fed. Reg. 22396, November 25, 1971. d) Ozone-ethylene reaction method, 40 CFR 50, appendixAppeneilt D (1982), 36 Fed. Reg. 22392, November 25, 1971. e) Lead, 40 CFR 50, appendix G (2008) Appeneilt G (1982)3 Fee. Reg. Hi2§8, Oeteeer §, 1978, as ameReee at 

### 44 Feel. Reg. 3791§, J11ne 29, 1979; 

### 46 Fee. Reg. 44163, Septemeer 3, 1981. 

### f) Reference method for the determination ofparticulate matter as PM 10PM 

### IG in the atmosphere, 40 CFR 50, appendixAppenEiilt 

### J (I990t g) Interpretation ofthe National Ambient Air Quality Standards (NAAQS)natienal ameientair EJIIality stanEiares for particulate matter, 40 CFR 50,**appendixAp~enEiiJt** K, 73 Fed. Reg. 61144 (October 17. 2006). (1990)26 

## hl Reference method for the determination ofparticulate matter as PM2 5 in the atmosphere, 40 CFR 50. appendix L. 73 Fed. Reg. 61144 (October 17, 2006). j} Interpretation ofthe NAAQS for PM, 5, 40 CFR 50, appendix N. 73 Fed. Reg. 1497 (January 9, 2008)

. 

## .il Interpretation ofthe NAAQS for 

### 0 3.40 CFR 50, appendix P, 73 Fed. Reg. 16436 (March 27, 2008). k} TheNAAQS for Lead; Final Rule. 40 CFR 50. 51, 53, and 58, 73 Fed. Reg. 66964 (November 12. 2008). l} Interpretation ofthe NAAQS for Lead, 40 CFR 50, appendix R, 73 Fed. Reg. 66964 (November 12. 2008). (Source: Amended at 35 

### Ill. Reg.

__ , effective

__ __./ 

### SUBPART B: STANDARDS AND MEASUREMENTMETHODS Section 

### 243.120 PM10and 

### PM,,sPM: 10 a) Standards. The primary and secondary ambient air quality standards for PM10 PMWare a maximum 24-hour average concentration of 150 ug/m3 The standards are attained when the expected number ofdays per calendar year with a 24-hour average concentration above 150 ug/m3 is equal to or less than one, as measured and determined in accordance with subsection (b).7 

## B An annttal aritilFHetie FHean eeneentratien ef5Q FHieregraFHs Jler ettllie meter; ana A FHimiFHttm 24 ilettr eeneentratien ef 15Q mieregraFHs J3er ettllie FHeter, nette lle eJ<eeeEieEI FHere than enee Jler year. b) Measurement Method. Fordetermining conformance with the PM10PM IQ ambientairquality standards, PM10PM IQshall be measured bythe method described in 40 CFR 50, appendix,\JlJl@ntiin 

### J or an equivalent method designated pursuantto 40 CFR 53 (incorporated by reference in Section 243.108).**~** standards are attained when the expected number ofdays per calendar year with a 24 hour average concentration above 150 ug/m3is equal to or less than one. as 

### determined in accordance withThB 8Bl>nf!ltltatiaRs**n~~Bssary** 

### Wr**analy~ing** fiBFtisulah matt8r 

### Bata ts**eh~t8n11itu artaiARH~At** **afdu~ P~~pp**  

### 1 1 Q

### stanOards Sl"B a@serill@tl in 40 CFR 50, appendixAJlJl@ntlin K (incorporated by reference in Section 243.108). · 

### fl Standards. The primary and secondary ambient airquality standards for PM2.s are:27



### D An annual arithmetic mean concentration of 15.0 ug/m3: and as measured and determined in conformance with subsection (d).**~** A maximum 24-hourconcentration of35 11g/m3• at the 98th percentile value, and as measured and determined in conformance with subsection @1 d) MeasurementMethod for PM,5 . Fordetermining conformance with the PMu ambient airquality standards. PM, 5 shall be measured by the method described in 40 CFR 50, appendixA!l!l8HdiJt Lor an equivalent method designated pursuant to 40 CFR 53 (incorporated by reference in Section 243.108). Compliance with the standards is determined using the methods and proceduresTh8**esmr>~tatie!l!! n~~~B881**  , 

### Mr anal,**~ing t?articn~latt!**  maHBr 

### 8ata t® dBtiH'tllitu! attainll1BRt @ftl:B 

### ,!lM;.... standards ar8 described in 40 CFR 50. appendixA!l!l81ldi:: N !incorporated by reference in Section 243.108). 

## D The annual primary and secondary PM, 5 standards are met when the annual arithmetic mean concentration. as determined in accordance with 40 CFR 50. Appendix N. is lessthan orequal to 15.0 ug/m3

. 

## 6J The24-hourprimary and secondary PMz 5 standards are met when the 98th percentile 24-hour concentration. as determined in accordance with 40 CFR 50. appendix N. is less than orequal to 35 ug/m3

. (Source: Amended at 35 Ill. Reg.

___ , effective

__ __/ Section 243.122 Sulfur Oxides (Sulfur Dioxide) a) Primary Standards. The primary ambient air quality standards for sulfuroxides measured as sulfur dioxide are: I)
2) An annual arithmeticmean concentration of80**~miersgrams** :13er eullie meter (0.03 ppm); and3 A maximum 24-hourconcentration, not to be exceeded more than once peryear, of365**~miersgrams** 19er eullie meter (0.14 ppm). b) Secondary Standard. The secondary ambient air quality standard for sulfur oxides measured as sulfur dioxide is a maximum 3-hourconcentration notto be exceeded more than once peryear of 1,300**~miesrgrams** :13er eullie meter (0.5 ppm). c) MeasurementMethod. For determining conformance with sulfur oxide air quality standards, sulfur oxides shall be measured as sulfur dioxide by the pararosaniline method described in 40 CFR 50, appendixAp!le!ldinAJ3:f3. A, (incorporated by28

reference in Section 243.1 08),**~).or** by an equivalent method ofproof approved by the Agency. (Source: Amended at 35 Ill. Reg.

___ , effective___). Section 243.125 8-HourOzone a) Standard. The primary and secondary ambient airquality standardssttllldard for ozone are 0.075**~ppm** (parts per million) daily (23§ mieregrams Jler euilie meterj maximum 8-hour average**+-~leur** concentration. measured and determined in accordance with subsection (b)net te ile eJteeeaed en mere than ene day Jler year. b) MeasurementMethod. Ozoneferdetermining eeAfeFHlanee withthe ezene air Ejllalif)· staAdard, ezeAe shall be measured by a reference the ezene ethyleAe reaetien method based onas**d~s~r**ib**~d** ill 40 CFR 50, appendixAjljr. D and designated in accordance with 40 CFR53 (incorporated by reference in Section 243 1 08) or an equivalentmethod designated in accordance with 40 CFR 53. The orimary and secondary ambient air guality standards are metwhen the average of the annual fourth-highest daily maximum 8-hour average ozone concentration is lessthan oregual to 0.075 ppm. as determined using. (1982) 40 CFR 50, appendix 

### P (incorporated by reference in Section 243. 108), as amended. (Source: Amended at 35 Ill. Reg.

___ ,, effective___). Section 243.126 Lead a) Standard. Theprimaryand secondary ambient airquality standards for lead and its compounds measured as elemental leadaAd its eemJlel!nds are 1.5 are 0.15

### ~miemgrams pere11eie meter, maximum rolling three month average measured and determined over athree-yearperiodarithmetie mean a¥erage ever a ealendar Eji!Brter. b) Measurement Method. Fordetermining conformance with the ambient air quality standards for lead and its compounds, lead and its compounds shall be measured 

### as elemental lead by 

### referenceBy 

### tl:e**at01ni~** 

### aba®rbtiflfl**8fHH~tt**

### smstr5 sr @t]Uivalsnt method based onas**des~ribed** 

### ill 40 CPR 50**appendixa!l!leAEiie~BAJlJl.** G and designated in accordance with 40 CPR 53. orby an equivalentmethod designated in accordance with 40 CPR 53 (incorporated by reference in Section 243.108). Compliance withthe primary and secondary ambient air gualitv standards shall be determined in accordance with 40 CFR 50. appendixR (incorporated by reference in Section 243.108).AJ3Jl. G (1982). (Source: Amended at 35 Ill. Reg.

___ , effective___).29

IT IS SO ORDERED. I, John T. Therriault, Assistant Clerk ofthe Illinois Pollution Control Board, certify that the Board adopted the above opinion and order on October 20, 20II, by a vote of5-0.

John T. Therriault, Assistant Clerk Illinois Pollution Control Board!EPA ATTACHMENT NO 

# ;2..q

OFFICE OF THE SECRETARY OF STATE JESSE WHITE • Secretary ofState

November4, 2011

POLLUTION CONTROL BOARD JOHN THERRIAULT ASSISTANT CLERK I00 W RANDOLPH ST, STE 11-500 CHICAGO, IL 60601
Dear JOHN THERRIAULTASSISTANT CLERK

## ~I(!CA!ovreo CU:AK•s OFFICE

## NO~ 

## I02011 STATE OF 

### IWN Pollution 

### Control

## ~

Your mles Listed belowmetourcodification standards and have been published in Volume 35, Issue 46 ofthe Illinois Register, dated 11114/201 I. ADOPTED RULES Nitrogen Oxides Emissions 35 IlL Adm. Code 217 Point ofContact: NancyMiller Organic Material Emission Standards and Limitations for the Chicago Area 35 IlL Adm. Code 218 PointofContact: Nancy Miller Organic Material Emission Standards and Limitations for tl1e Metro East Area 35 liL Adrn. Code 2 I 9 Point ofContact: Nancy Miller Standards and Limitations for 01·ganic Material Emissions for Area Sources 35 Ill. Adm. Code 223 Point ofContact: Nancy Miller AirQuality Standards 35 IlL Adm. Code 243 Point ofContact: Nancy Miller Solid Waste 35 Ill. Adm. Code 807 Point ofContact: Nancy Miller Standards for New Solid Waste Landfills 35 Ill. Adm. Code 811 18801

18813

18830

18846

18857

18867

18882 

# Rto-0f)**1:-JD-q~)** Index Department- Administrative Code Division- Ill East Monroe Springfield, IL 62756

# OFFICE OF THE SECRETARY OF STATE JESSE WHITE • 

### Secretary ofState Point ofContact: Nancy Miller PROPOSED RULES Proceedings Pursuant to Specific Rules or Statutory Provisions 35 Ill. Adm. Code 106 Point ofContact: Nancy Miller Groundwater Quality 35 lll. Adm. Code 620 Point ofContact: Nancy Miller 18492

18502


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

(217) 782-7017. 

# K IL-))

Index Department- Administrative Code Division- Ill East Monroe Springfield, IL 62756I)

2) 3)



### 4)

5) 

### 6) 7) 8) ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENT Heading ofthe Patt: Standards and Limitations for Organic Material Emissions for Area Sources Code Citation: 35 Ill. Adm. Code 223 Section Number: Adopted Action: 223.205 Amended 

## _b;jtiE:q;; 

## CLf;RnfllVIJ!/!:;)**~r:r:Jcr:**

# NO~ I 02011 STATEo · 

### Pollution

## ~:fLJNOIS · '01 Board Statutory Authority: ImplementingSection 10 and authorizedbySections 27 and 28 of the Environmental Protection Act [415 ILCS 5/10,27, and 28]. EffectiveDate ofAmendment: 

### OCT 2 5Z011

Does this rulemak.ing contain an automatic repeal date? No. Dothese amendments contain incornorations by reference? No. The adopted amendment is on file in the Board's Chicago office at the James R. Thompson Center, 100W. Randolph, Suite 11-500, and are availabletherefor public inspection. 9) Notice ofProposal Published in Dlinois Register: Nov. 19,2010,34Ill. Reg. 17525 10) Has JCARissued a Statement ofObjections to this amendment? No. 11) Differences between proposal andfinal version: None. 12) Have all the changes agreed upon by the agency and JCAR been made as indicated in the agreements letter issued by JCAR? Yes. 13) Will this amendment replace emergency amendmentcun·entlyin effect? No. 14) Is there any amendment pending on this Part? No. 15) Summary and Purnose ofAmendments: RECEIVED 

# ocr .25 2011 SOS-CODE DlV.ILLINOIS REGISTER POLLUTION CONTROLBOARD NOTICEOFADOPTED AMENDMENT

For a more detailed description ofthis rulemaking, see the Board's October 20. 2011, opinion and orderAir Quality Standards Clean-Up: Amendments to 35 Ill. Adm. Code 217. 223, 243 (R09-19). The Illinois Environmental Protection Agency (Agency) originally submitted this rulemaking proposal to update Part243 ofthe Board's airregulation to reflect revised National Ambient Air Quality Standards (NAAQS) adopted by the United States Environmental Protection Agency. Therecord in this proceeding revealed aerrorin a single cross referencein Section 217.388(a)(2)(B), and the Board sough to correct the error in this open rulemaking docket. 16) Information andquestions regarding these adopted amendments shall be directed to: TimothyFox IllinoisPollution Control Board 100 W. Randolph 11-500 Chicago, lL 60601 312-814-6085 Copies ofthe Board's opinions and ordersmay be requested from the Clerk ofthe Board at the address listed in #8 above orby calling 312/814-3620. Please refer to the Docket numberR09-19 in yourrequest. The Board orderis also available from the Board's Web site (www.ipcb.state.il.us). Thefull text ofthe AdoptedAmendmentbegins on the next page:Section 223.100 223.105 223.120

Section 223.200 223.201 223.203 223.205 223.206 223.207 223.208 223.209 223.210 223.220 223.230 223.240 223.245 223.250 223.255 223.260 223.265

223.270 ILLINOIS REGISTER POLLUTION CONTROLBOARD NOTICE OFADOPTED AMENDMENT TITLE 35: ENVIRONMENTAL PROTECTION SUBTITLE B: AIRPOLLUTION CHAPTERI: POLLUTION CONTROL BOARD SUBCHAPTERc: EMISSION STANDARDS AND LIMITATIONS FOR STATIONARY SOURCES PART223 STANDARDS AND LIMITATIONS FORORGANIC

MATERIALEMISSIONS FORAREA SOURCES SUBPARTA: GENERALPROVISIONS
Severability Abbreviations and Acronyms Incorporations by Reference SUBPARTB: CONSUMERAND COMMERCIALPRODUCTS Purpose Applicability Definitions for SubpartB Standards DilutedProducts Products Registered underFIFRA Requirements for Aerosol Adhesives Requirements for Floor Wax Strippers Products Containing Ozone-DepletingCompounds Requirements for Charcoal LighterMaterial Exemptions InnovativeProductExemption Alternative Compliance Plans Product Dating Additional ProductDatingRequirements MostRestrictive Limit Additional Labeling Requirements for Aerosol Adhesives, Adhesive Removers, Electronic Cleaners, Electrical Cleaners, EnergizedElectrical Cleaners, and Contact Adhesives Reporting Requirements223.275 223.280 223.285 ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENT Special Recordkeeping Requirements for Consumer Products that Contain Perchloroethylene or Methylene Chloride CalculatingIllinois Sales Test Methods SUBPART C: ARCHITECTURALAND INDUSTRIAL MAINTENANCE COATINGS Section 223.300 223.305 223.307 223.310 223.320 223.330 223.340 223.350 223.360 223.370 Purpose Applicability Definitions for Subpart C Standards Container Labeling Requirements Reporting Requirements ComplianceProvisions and TestMethods AlternativeTestMethods Methacrylate Traffic Coating Markings TestMethods AUTHORITY: Implementing Section 10 and authorized by Sections27 and 28 ofthe Envirorunental ProtectionAct [415 ILCS 5110, 27 and 28]. SOURCE: Adopted inR08-17 at 33 

### Ill. Reg. 8224, effective June 8, 2009; amended inR09-19 at 35 Ill. Reg. , effective

____ _ SUBPARTB: CONSUMERAND COMMERCIAL PRODUCTS Section 223.205 Standards a) Except asprovided in Section223.207, 223.230, 223.240, or 223.245, noperson shall sell, supply, offerfor sale, ormanufacture for sale inIllinois any consumer productmanufactured onorafter July 1, 2009 that containsVOMs in excessof the limits specified inthis subsection: Affected Product 

### % VOM 

### by Weight I) Adhesives

- Spray A) Mist Spray 65ILLINOIS REGISTER POLLUTION CONTROLBOARD NOTICE OFADOPTED AMENDMENT 

### B) Web Spray 55 C) Special Purpose Spray Adhesives i) Mounting, Automotive Engine 70 Compartment, and FlexibleVinyl ii) Polystyrene Foam and Automotive 65 Headliner iii) Polyolefin and Laminate 60 Repair/Edgebanding 2) Adhesives- Construction, Panel, and Floor 15 CoveringCemaet 3) Adhesives

- General Purpose 10 4) Adhesives

- Structural Waterproof 15 5) AirFresheners A) SinglePhaseAerosol 30 

### B) Double Phase Aerosol 25 C) Liquids/Pump Sprays 18 D) Solids/Gel 3 6) Antiperspirants A) Aerosol 40HVOM 10HVOM B) Non-Aerosol OMVOM OMVOM 7) AutomotiveBrake Cleaners 45ILLINOIS REGISTER POLLUTION CONTROLBOARD NOTICE OF ADOPTED AMENDMENT 8) Automotive Rubbing orPolishing Compound 17 9) Automotive Wax, Polish, Sealant, or Glaze A) Hard Paste Waxes 45 B) Instant Detailers 3 C) All OtherForms 15 10) Automotive Windshield WasherFluids 35 

### 11) Bathroom and TileCleaners A) Aerosol 7 B) All Other Farms 5 12) Bug and TarRemover 40 13) CarburetororFuel-Jniection AirIntake Cleaners 45 14) Carpet and Upholstery Cleaners A) Aerosol 7 B) Non-Aerosol (Dilutables) 0.1 C) Non-Aerosol (Ready-to-Use) 3.0 15) CharcoalLighterMaterial see Section223.220 16) Cooking Spray- Aerosol 18 17) Deodorants A) Aerosol OHVOM IOHVOMILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OFADOPTED AMENDMENT B) Non-Aerosol

18) Dusting Aids A) Aerosol B) All OtherForms 19) Engine Degreasers A) Aerosol B) Non-Aerosol 20) Fabric Protectants 21) FloorPolishes/Waxes A) Products for FlexibleFlooringMaterials B) Products forNonresilientFlooring 

### C) Wood FloorWax 22) FloorWax Strippers 23) Furniture MaintenanceProducts A) Aerosol 

### B) All OtherFormsExcept Solid orPaste 24) General Purpose Cleaners A) Aerosol B) Non-Aerosol 25) General Purpose Degreasers OMVOM OMVOM

25 

### 7

35 

### 5 

### 60

7
10
90

see Section 223.209

17 

### 7

10 

### 4

### 26)

27) 28) 29) 

### 30) 31) 32) A) B) ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENT

Aerosol Non-Aerosol Glass Cleaners A) Aerosol B) Non-Aerosol HairMousses Hairshines Hairsprays Hair Styling Gels HeavyDutyHand Cleaneror Soap Insecticides A) Crawling Bug (Aerosol) B) CrawlingBug (All OtherForms) C) FleaandTick D) FlyingBug (Aerosol) E) Flying Bug (All OtherForms) F) Foggers G) Lawnand Garden (Aerosol) 

### 50 4

12 4 6 55 55 6 8



### 15 20 25 25 35 45 20ILLINOIS REGISTER POLLUTION CONTROLBOARD NOTICE OF ADOPTED AMENDMENT H) Lawn and Garden (All Other Forms) 3 

### I) Wasp and Hornet 40 33) LaundryPrewash A) Aerosols/Solids 22 B) All OtherForrns 5 34) Laundry Starch Products 5 35) Metal Polishes/Cleansers 30 36) Multi-Purpose Lubricant (Excluding Solid or'Semi-Solid Products) 50 37) Nail PolishRemovers 75 38) Non-Selective Terrestrial Herbicide- Non-Aerosol 3 39) Oven Cleaners A) Aerosols/Pump Sprays 8 B) Liquids 5 40) PaintRemovers orStrippers 50 41) Penetrants 50 42) Rubberand Vinyl Protectants A) Aerosol 10 B) Non-Aerosol 3 43) Sealants and Caulking Compounds 4ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENT 44) Shaving Creams 45) Silicone-Based Multi-Purpose Lubricants (Excluding Solid or Semi-Solid Products) 46) Spot Removers A) Aerosol B) Non-Aerosol 47) Tire Sealants and Inflators 48) Undercoatings- Aerosols 5



### 60

23 8 20
40 b) Noperson shall sell, supply, offerfor sale, ormanufacture for saleinIllinois, on orafterJuly I, 2009, anyantiperspirant ordeodorant that contains any compound listed below: Benzene Ethylene Dibromide Ethylene Dichloride Hexavalent Chromium Asbestos Cadmium (metallic cadmium and cadmium compounds) CarbonTetrachloride Trichloroethylene Chloroform Vinyl Chloride Inorganic ArsenicILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENT

Nickel (metallic nickel and inorganic nickel compounds) Perchloroethylene Formaldehyde 1,3-Butadiene Inorganic Lead Dibenzo-p-dioxins and dibenzofurans chlorinated in the2,3,7 and 8 positions and containing 4,5,6 or7 chlorine atoms (Source: Amended at 35 Ill. Reg.

___ , effective

____ _;

## r>} \**~** 

## .

. ,_.-·' I .-· ILLINOIS REGISTER POLLUTION CONTROLBOARD NOTICE OF ADOPTED AMENDMENT 1) Heading ofthe Part: Air Quality Standards 2) Code Citation: 35 Ill. Adm. Code 243 3) Section Number: Adopted Action: 

## !Fit=

# CLE~**~~l~E(OJ** 243.101 Amend

## NO~ 

## 102011 243.104 Amend 243.107 Amend STATEOFitU 243.108 Amend 

### Poflution

## contml~d 243.120 Amend 243.122 Amend 243.125 Amend 243.126 Amend 4) Statutory Authority: Implementing Section 10 and authorized by Sections 27 and 28 of the Environmental Protection Act [415 ILCS 5/10, 27, and 28]. 5) Effective Date ofAmendments

## :OCT 2 5

## 2011 6) Does this rulemaking contain an automatic repeal date? No. 7) Do these amendments contain incorporations byreference? Yes: Lead, 40CFR 50, Appendix G (2008). Reference method for the determination ofparticulate matter as PM2.s in the atmosphere, 40 CFR 50, Appendix L, 73 Fed. Reg. 61144 (Oct. 17, 2006). Interpretation ofthe NAAQS for PM2.5, 40 CFR 50, Appendix N, 73 Fed. Reg. 1497 (Jan. 9, 2008). Interpretation ofthe NAAQS for 

### 0 3, 40 CFR 50, Appendix P,73 Fed. Reg. 16436 (Mar. 27, 2008). TheNAAQS for Lead: Final Rule,40CFR 50, 51, 53, and58, 73 Fed. Reg. 66964 (Nov. 12, 2008). Interpretation ofthe NAAQS forLead, 40 CFR 50, Appendix R, 73 Fed. Reg. 66964 (Nov. 12, 2008). RECEIVED 

## OCT 2

## 5 2011 SOS-CODE DIV.ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OFADOPTED AMENDMENT
8) The adopted amendments are on file in the Board's Chicago office at the James R. Thompson Center, 100W. Randolph, Suite 11-500, and are available therefor public inspection. 9) Notice ofProposal Published in lllinoisRegister: Nov. 19, 2010, 34 Ill.Reg. 17537 10) HasJCAR issued a Statement ofObjections to these amendments? No. 11) Differences between proposal and final version: a) In Section 243.106,the Boardhad proposed a single non-substantive change, which inexplicablydid not appear in IllinoisRegisterpublication ofthe proposal. Accordingly, the Board did not submit Section 243.106 to second-noticereview byJCAR. b) In Section 243.107, the Board added references to "lead"in language addressing air quality measurements. c) In Section 243.108, the Board struck the incorporation by reference of40 C.F.R. 

### SO, appendix Q. d) In Section 243.120, the Board added language regarding methods measuring compliance with and attainment ofparticulatematter standards. e) In Section 243.122, the Boardcorrected amisspelling in the sulfuroxides standard. f) In Section 243.125, the Board added language regardingmeasuring compliance with and attainment ofozone standards. g) In Section 243.126, the Board has added language clarifying the lead standard, measurementmethods, and determining compliance. 12) Have all the changes agreed upon bythe agency andJCAR been made as indicatedin the agreements letterissued by JCAR? Yes. 13) Will these amendments replace emergency amendments currently in effect? No.ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENT
14) Are there any amendments pending on this Part? No. 15) Summary and Pumose ofAmendments: Fora more detailed description ofthis rulemaking, see the Board's October 20, 2011, opinion and orderAir Quality Standards Clean-Up: Amendments to 35 Ill. Adm. Code 217.223,243 (R09-19). The Illinois Environmental Protection Agency originatedthis rulemak.ing to revise Illinois' air quality standards for ozone, particulate matter, and lead to reflect the adoption ofnew federal airquality standards by the United StatesEnvironmental Protection Agency. 16) Information and guestions regarding these adopted amendments shall be directed to: TimothyFox illinoisPollution Control Board 100 W. Randolph 11-500 Chicago, IL 60601 312-814-6085 Copies ofthe Board's opinions and orders may be requested from the Clerkofthe Board at the address listed in #8 above orby calling 312/814-3620. Please referto the Docket numberR09-19 in yourrequest. The Board order is also available from the Board's Web site (www.ipcb.state.il.us). The full text ofthe AdoptedAmendment begins on the next page:Section 243.101 243.102 243.103 243.104 243.106 243.107 243.108

Section 243.120 243.121 243.122 243.123 243.124 243.125 243.126 ILLTNOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENT 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 Preamble Applicability Nondegradation Monitoring Reference Conditions Incorporations byReference SUBPART B: STANDARDS AND MEASUREMENT METHODS

PM10andPMuPM Hl Particulates (Repealed) Sulfur Oxides (SulfurDioxide) Carbon Monoxide NitrogenDioxide 8-HourOzone Lead 243.APPENDIXA Rule into Section Table 243.APPENDIX B Section into Rule Table 243.APPENDIX C Past Compliance Dates AUTHORITY: Implementing Section 10 and authorizedby Section 27 and 28 ofthe Environmental Protection Act [415 ILCS 5/10,27, and 28]. SOURCE: Adopted as Chapter 2: Air Pollution, Part Ill: Air Quality Standards, in R71-23, 4 PCB 191, filed and effective Aprill4, 1972; amended in R80-ll, 46 PCB 125, at 6 

### Ill. Reg. 5804, effective April 22, 1982; amended in R82-12, at 7Ill. Reg. 9906, effective August 18,ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENT 1983; codified at 7lll. Reg. 13630; amended in R91-35 at 16 Ill. Reg. 8185, effective May 15, 1992; amended inR09-19 at 35 Ill. Reg. , effective

__ SUBPARTA: GENERAL PROVISIONS 

### Section 243.101 Definitions a) Except as fiereiHafler stated in this Part and unless a different meaningofaterm is clear from its context, the definitions ofterms used in this Part shall be the same as those used inthe Environmental ProtectionAct [415 ILCS 51 (Ill. Rev. Stat. 

### 1981, efi. 

### Ill 1/2, pars. 

### HJQI et se'!.) (Act). b) All terms thatwfliefl appear in this Part have the definitions specified by 35 Ill. Adm. Code Parts-201 or 211 efthis Cfi!ljlter. (Source: Amended at 35 Ill. Reg.

__ , effective__). 

### Section 243.104 Nondegradation Existing ambient air qualitythatwfliefl is betterthanthe established ambient air quality standards at thedate oftheir adoption will be maintained in its presenthigh quality. Such ambient air quality shall not be lowered unless and until it is provedto theIllinois Environmental Protection Agency (Agency) that thesttefi change isjustifiable as aresult ofnecessary economic and social development and will not interfere with or become injuriousto humanhealth or welfare. (Source: Amended at 35 Ill. Reg.

__ ., effective__). 

### Section 243.107 Reference Conditions All measurements ofair quality, except PM,5 and lead. are corrected to a reference temperature of25°C, and to a reference pressure of760millimeters ofmercury (1013.2 millibars). PM, 5 and lead measurements shall be based uponthe actual ambient air volume measured at the actual temperature and pressure atthe monitoring site during the measurement period. (Source: Amended at 35 Ill. Reg.

__ ,, effective__). 

### Section 243.108 Incorporations by 

### Reference The following materials are incorporated by reference. These incorporations do not include any later amendments or editions:ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENT

a) Pararosaniline method, 40 CFR 50, appendixAjlJleatlilt A (1982). b) Non-dispersive infrared spectrometrytechnique, 40 CFR 50, appendixAJljleHaix C (1982), 36 Fed. Reg. 22391, November 25, 1971. c) Colorimetric method, 36Fed. Reg. 22396, November25, 1971. d) Ozone-ethylene reaction method, 40 CFR50, appendixAJlJleHail< D (1982), 36 Fed. Reg. 22392,November 25, 1971. e) Lead, 40 CFR 50, appendix G (2008). AjlJleHailc 0 (1982), 43 Fecl. Reg. 46258, Oetseer 5, 1978, as ameaelecl at 44 Feel. Reg. 37915, JHae 29, 1979; 46 Fecl. Reg. 44163, £ejltemeer 3, 1981. 

### f) Reference method forthe determination ofparticulate matter

### as**~** in the atmosphere, 40 CFR50, appendixAjlJleHclil< 

### J (1990t g) Interpretation ofthe National Ambient Air Quality Standards CNAAQS)HatisHal ameieHI air Ejllality stanclarcls for particulate matter, 40 CFR50, appendixAjljleHail< K, 73 Fed. Reg. 61144 (October 17. 2006)**~·** 

## hl Referencemethod forthe determination ofparticulate matter as PMz 

### sin the atmosphere, 40 CFR50. appendix 

### L. 73 Fed. Reg. 61144 (October 17, 2006). 

## il Intemretation ofthe NAAOS for PM2 

### s, 40 CFR50, appendix N, 73 Fed. Reg. 1497 (January 9, 2008). j} Interpretation oftheNAAQS for 

### 0 1,40 CFR 50. appendix P. 73 Fed. Reg. 16436 (March 27. 2008). 

## k.l TheNAAQS for Lead: Final Rule. 40 CFR 50. 51. 53, and 58, 73 Fed. Reg. 66964 (November 12. 2008). 

## ll lntemretation ofthe NAAOS for Lead. 40 CFR50, appendix R. 73 Fed. Reg. 66964 (November 12. 2008). (Source: Amended at 35 Ill. Reg.

__ , effective---' SUBPART B: STANDARDS AND MEASUREMENTMETHODSILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENT

Section 243.120 PM10 and PM,.5PM HI a) Standards. The primary and secondary ambientair quality standards for PM 10 PM!.{)are amaximum24-hour average concentration ofI50 ug/m3• The standards are attained whenthe expected number ofdays per calendaryear with a 24-houraverage concentration above 150 ug/m3is equal to orless than one. as measured and determined in accordance with subsection**(b).~** 

## B Aa ammal aritl!metie meaa esaeeatratisa sf51} mieregraras !ler elleie meter; aae A maJfimllm 24 hellr eeaeeatratiea sf !51} mieregrams !3€£elleie meter, sette ee eJreeeeee mere than eaeeJler year. b) Measurement Method. For determining conformance withthe PMJ.Q.PM 

### IG ambient airquality standards, PM1 oPM IQshall be measured bythe method described in 40 CFR50, apoendixA!l!leBeiltJ oran equivalentmethod designated pursuantto 40 CFR 53 (incorporated by reference in Section 243.108). The standards are attained when the expected number ofdays per calendar year with a 24-hour average concentration above 150 ug/m3 is equal to or lessthan one. as determined in accordance withTl!e eeffi]llltatieas aeeessary fer analyziag Jlartielllate matter eatats eetermiae attainmeBt eftl!ePM I

### Gstaneares are eeserieeeiB 40 CFR50, appendixA.afleBeil£ K (incorporated by reference in Section243.108). 

## £1 Standards. The primary and secondary ambient air quality standards for PM:u are: 

## D An annual arithmeticmean concentration of 15.0 ug/m3 and as measured and determined in conformance with subsection (d). 

## ;u A maximum 24-hourconcentration of35 ug/m3

, at the 98th percentile value, and as measured and determined in conformance with subsection 

### .@... d) Measurement Method for PM, 5· For determining conformance withthe PM, 5 ambient air qualitv standards. PM,.5shall be measured bythe method described in 40 CFR50, appendix-L oran equivalent method designated pursuant to 40 CFR 53 (incorporated bv reference in Section 243.108). Compliance with theILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENT standards is determined using the methods and procedures desc1ibed in 40 CFR 50. appendix N (incorporated by reference in Section 243.108). 

## D The annual primary and secondary PM, 5 standards are metwhen the annual arithmetic mean concentration. as determined in accordance with 40 CFR 50. appendix N. is less than orequal to 15.0 ug/m3

. 

## D The 24-hourprimary and secondary PM,5 standards are met whenthe 98thpercentile 24-hour concentration. as determined in accordance with 40 CFR 50. appendix N. is less than or equal to 35 ug/mJ (Source: Amended at 35 Ill. Reg.

___ , effective---' 

### Section 243.122 Sulfur Oxides (SulfurDioxide) a) Primary Standards. The primary ambient air quality standards for sulfur oxides measured as sulfurdioxide are: 1)
2) An annual arithmetic mean concentration of80

### ~mieregrams Jler eJ>eie meter (0.03 ppm); and, A maximum 24-hourconcentration. not to be exceeded morethan once peryear, of365

### ~mieregrarns per e!leie meter (0.14 ppm). b) Secondary Standard. The secondary ambient airquality standard for sulfuroxides measured as sulfur dioxide is amaximum 3-hour concentration notto be exceeded more than once peryearof 1,300 ug/m3mieregFams Jler ell!Jie meter (0.5 ppm). c) Measurement Method. For determiningconformance with sulfuroxide air quality standards, sulfur oxides shall be measured as sulfurdioxide by the pararosaniline method described in40 CFR 50, appendixAjljr. A (incorporated by reference in Section 243.108), (1982), or by an equivalent method ofproofapproved by the Agency. (Source: Amended at 35 Ill. Reg.

___, effective

### __j. Section 243.125 8-HourOzone a) Standard. The primary and secondary ambient air quality standardsstaneare for ozoneare 0.075 is 9.12 ppm (parts permillion) daily (235 mieregrams Jler elleieILLINOIS REGISTER POLLUTION CONTROLBOARD NOTICE OF ADOPTED AMENDMENT**~maximum** 8-houraverage I lleerconcentration. measured and determined in accordance with subsection Cb)Hat te ee e,;eeeEiea BH mere tl!aH sHe Elay Jler yeaF. b) Measurement Method. OzoneFarEleteFmiHiHg eeHfsFmanee witl! tile azaHe air**EJ<~ality** staHaara, eZ"OeHe shall bemeasured by a reference tile eZ"OeRe**etll~·leHe** reaetieR method based onas Eleserieea iH 40 CFR 50, appendixAjljr. D and designated in accordance with 40 CFR53 (incorporated by reference in Section 243.I08) or an equivalentmethod designated in accordance with 40 CFR 53. The primary and secondary ambient air quality standards are met when the average of theannual fourth-highest daily maximum 8-hour average ozone concentration is lessthanorequal to 0.075 ppm, as determined using, (1982). 40 CFR50. appendix P (incorporatedby reference in Section 243.108), as ameBaeEl. (Source: Amended at35 Ill. Reg.

___,effective__). 

### Section 243.126 Lead a)

b) Standard. Theprimary and secondary ambient air quality standards for lead and its compounds measured as elemental lead are 0.15 ug/m3aREI its eemJlSllREis are 1.5 mieregmms Jler eeeiemeter, maximumrolling three month average measured and determined over a three-year periodmaltiffillffi arithmetie meaa average evera ealeHEiar EJllarter. Measurement Method. Fordetermining conformance with the ambient air quality standards for lead and its compounds, lead and its compounds shall be measured as elemental lead byreferenceeythe etemie allsaretiaH SJleetFBmetry ar eEJeivaleHt method based onas Eleserieea 

### iH 40 CFR50. appendix-G and designated in accordancewith40 CFR53. orby an equivalentmethod designated inaccordance with40 CFR 53 (incorporatedbyreference in Section 243.108). Compliance with the-primary and secondary ambient air quality standards shall be determined in accordance with40 CFR50. appendix R (incorporated by reference in Section 243.108).Ape. G (1982). (Source: Amended at 35 

### Ill. Reg.

___ , effective__)...

### U~I**ic~\·-'** · .,_,-, \ / i r +. 

### ILLINOIS REGISTER POLLUTION CONTROLBOARD NOTICE OFADOPTED AMENDMENT 1) 

### Heading ofthe Part: Nitrogen Oxides Emissions 2) 

### Code Citation: 35 Ill. Adm. Code 217 3) 

### Section Number: Adopted Action: 217.388 Amended 4) Statutory Authority: Implementing Section 9.9 and 10 and authorized by Sections 27 and 28 ofthe Environmental Protection Act [415 ILCS 5/9.9, 10, 27, and 28]. 5) EffectiveDate ofAmendments: 

### OCT 2 52011 6) Does thisrulemaking contain an automaticrepeal date? No. 7) Do these amendments containincorporations byreference? No. 8) The adopted amendments are on file in the Board's Chicago office at the James R. Thompson Center, 100 W. Randolph, Suite 11-500, and are available there for public inspection. 9) Notice ofProposal Published in IllinoisRegister: Nov. 19,2010, 34IIl. Reg. 17513 10) Has JCAR issued aStatement ofObjections to these amendments? No. 11) 

### Differences between prooosal and**fin~!** 

### version: None. 12) Have all the changes agreed upon by the agency andJCAR been made as indicated in the agreements letter issued byJCAR? Yes. 13) Will these amendments replace emergency amendments currently in effect? No. 14) Are there any amendments pending on this Part? No. 15) Summary and Purpose ofAmendments: RECEIVED 

## OCT 

## 25 2011 SOS-CODE DIV.ILLINOIS REGISTER POLLUTION CONTROLBOARD NOTICEOFADOnEDAMENDMENT Fora more detailed description ofthis rulemaking, seethe Board's October 20. 2011, opinion and orderAir Quality Standards Clean-Up: Amendments to 35 Ill. Adm. Code 217,223, 243 (R09-19). TheIllinois Environmental Protection Agency (Agency) originally submitted this rulemaking proposal to update Part 243 ofthe Board's airregulation to reflect revised National Ambient Air Quality Standards (NAAQS) adoptedbythe United States Environmental Protection Agency. Therecord in this proceedingrevealed aerrorin a single cross reference in Section 217.388(a)(2)(B), and the Board sough to correct the errorin this open rulemaking docket. 16) Information and questions regardingthese adopted amendments shall be directed to: TimothyFox Illinois Pollution Control Board 100W. Randolph 11-500 Chicago, IL 6060I 312-814-6085 Copies ofthe Board's opinions and orders may be requested from the Clerk ofthe Board at the address listed in #8 above orbycalling 3121814-3620. Pleasereferto the Docket numberR09-19 in yourrequest. The Boardorderis also available from the Board's Web site (www.ipcb.state.il.us). Thefull text ofthe Adopted Amendmentbegins on the nextpage:Section 217.100 217.101 217.102 217.103 217.104

Section 217.121

Section 217.141

Section 217.150 217.152 217.154 217.155 217.156 217.157 217.158 ILLINOIS REGISTER POLLUTION CONTROLBOARD NOTICE OF ADOPTED AMENDMENT TITLE 35: ENVIRONMENTAL PROTECTION SUBTITLE B: AIR POLLUTION CHAPTER 1: POLLUTION CONTROL BOARD SUBCHAPTER

## G£: EMISSION STANDARDS AND LIMITATIONS FOR STATIONARY SOURCES PART217 NITROGEN OXIDES EMISSIONS SUBPARTA: GENERAL PROVISIONS
Scope and Organization MeasurementMethods Abbreviations and Units Definitions Incorporations by Reference SUBPARTB: NEW FUEL COMBUSTION EMISSION SOURCES

NewEmission Sources (Repealed) SUBPART C: EXISTINGFUEL COMBUSTION EMISSION UNITS

Existing Emission Units in MajorMetropolitan Areas SUBPARTD: NOx GENERAL REQUIREMENTS
Applicability Compliance Date Performance Testing Initial Compliance Certification Recordkeeping and Reporting Testing and Monitoring Emissions Averaging Plans SUBPART E: INDUSTRIAL BOILERSSection 217.160 217.162 217.164 217.165 217.166

Section 217.180 217.182 217.184 217.185 217.186

Section 217.200 217.202 217.204

Section 217.220 217.222 217.224

Section 217.240 217.242 217.244 ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENT

Applicability Exemptions Emissions Limitations Combination ofFuels Methods and Procedures for Combustion Tuning SUBPART F: PROCESS HEATERS
Applicability Exemptions Emissions Limitations Combination ofFuels Methods and Procedures for Combustion Tuning SUBPART G: GLASS MELTING FURNANCES
Applicability Exemptions Emissions Limitations SUBPARTH: CEMENTAND LIME KILNS
Applicability Exemptions Emissions Limitations SUBPART I: IRON AND STEEL ANDALUMINUM MANUFACTURING
Applicability Exemptions Emissions Limitations SUBPART K: PROCESS EMISSION SOURCESSection 217.301

Section 217.340 217.342 217.344 217.345

Section 217.381

Section 217.386 217.388 217.390 217.392 217.394 217.396

Section 217.400 217.402 217.404 217.406 217.408 217.410 ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENT

Industrial Processes SUBPARTM: ELECTRICAL GENERATING UNITS
Applicability Exemptions Emissions Limitations Combination ofFuels SUBPART0: CHEMICAL MANUFACTURE

Nitric Acid Manufacturing Processes SUBPART Q: STATIONARYRECIPROCATING INTERNAL COMBUSTION ENGINES AND TURBINES
Applicability Control and Maintenance Requirements Emissions Averaging Plans Compliance Testing and Monitoring Recordkeeping and Reporting SUBPARTT: CEMENT KILNS
Applicability Control Requirements Testing Monitoring Reporting Recordkeeping SUBPARTU: NOx CONTROL AND TRADING PROGRAMFOR SPECIFIED NO, GENERATINGUNITSSection 217.450 217.452 217.454 217.456 217.458 217.460 217.462 217.464 217.466 217.468 217.470 217.472 217.474 217.476 217.478 217.480 2 I7.482

Section 217.521 217.700 217.702 217.704 217.706 217.708 217.710 217.712

Section 217.750 217.751 217.752 217.754 217.756 ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENT
Purpose Severability Applicability Compliance Requirements Permitting Requirements Subpart U NO, Trading Budget Methodology for ObtainingNO, Allocations Methodology for Determining NO,Allowances from the New Source Set-Aside NO,Allocations Procedure for Subpart U Budget Units New Source Set-Asides for "New" BudgetUnits Early Reduction Credits (ERCs) for Budget Units Low-Emitter Requirements Opt-In Units Opt-In Process Opt-In BudgetUnits: Withdrawal from NOx Trading Program Opt-In Units: Change in Regulatory Status Allowance Allocations to Opt-In BudgetUnits SUBPARTV: ELECTRIC POWER GENERATION

Lake ofEgypt Power Plant Purpose Severability Applicability Emission Limitations NO,Averaging Monitoring Reporting and Recordkeeping

PurposeSUBPART W: NOx TRADING PROGRAMFOR ELECTRICAL GENERATING UNITS

Sunset Provisions Severability Applicability Compliance Requirements217.758 217.760 217.762 217.764 217.768 217.770 217.774 217.776 217.778 217.780 217.782

Section 217.800 217.805 217.810 217.815 217.820 217.825 217.830 217.835 217.840 217.845 217.850 217.855 217.860 217.865 ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENT Permitting Requirements NO, Trading Budget Methodology for CalculatingNOx Allocations for Budget Electrical Generating Units (EGUs) NO, Allocations for BudgetEGUs New Source Set-Asides for "New" Budget EGUs Early Reduction Credits for Budget EGUs Opt-In Units Opt-In Process Budget Opt-In Units: Withdrawal from NOx Trading Program Opt-In Units: Change in Regulatory Status Allowance Allocations to Budget Opt-In Units SUBPARTX: VOLUNTARYNO, EMISSIONS REDUCTION PROGRAM
Purpose Emission Unit Eligibility Participation Requirements NO, Emission Reductions and the SubpartX NOx Trading Budget Baseline Emissions Determination Calculation ofCreditable NO,Emission Reductions Limitations on NOx Emission Reductions NOx Emission Reduction Proposal Agency Action Emissions Determination Methods Emissions Monitoring Reporting Recordkeeping Enforcement Section 217.APPENDIX A Section 217.APPENDIX B Section 217.APPEND1X C Section 217.APPENDIX D Section 217.APPENDIX E Section 217.APPENDIX F Section 217.APPENDIX G Ru1e into Section Table Sectioninto Rule Table Compliance Dates Non-Electrical GeneratingUnits LargeNon-Electrical Generating Units Allowances for Electrical Generating Units Existing Reciprocating Internal Combustion Engines Affectedby theNO, SIP Call Section 217.APPENDIX H Compliance Dates for Certain Emissions Units at Petroleum

### ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENT Refineries AUTHORITY: Implementing Sections 9.9 and 10 and authorized by Sections 27 and 28 ofthe Environmental Protection Act [ 415 ILCS 5/9.9, I0, 27 and 28]. SOURCE: Adopted as Chapter2: Air Pollution, Rule 207: Nitrogen Oxides Emissions, R71-23, 4PCB 191,Aprill3, 1972,filedandeffectiveAprill4, 1972;amendedat2IIl.Reg.l7,p.l01, effective Aprill3, 1978; codified at 7 Ill. Reg. 13609; amended in R0]-9 at 25 Ill. Reg. 128, effective December26, 2000; amended in RO 1-11 at 25 Ill. Reg. 4597, effective March 15, 200I; amended in ROI-16 and ROI-17 at 25 Ill. Reg. 5914, effective Aprill7, 2001; amended in R07- 18 at 31 Ill. Reg. 14271, effective September 25, 2007; amended in R07-19 at 33 Ill. Reg. 11999, effective August 6, 2009; amended in ROS-19 at 33 Ill. Reg. 13345, effective August 31, 2009; amended in R09-20 at 33 Ill. Reg. 15754, effectiveNovember2, 2009; amended in Rll-17 at 35 

### Ill. Reg. 7391, effective April22, 2011; amended in Rll-24 at 35 Ill. Reg. 14627, effective August 22, 2011; amended in Rll-8 at 35 Ill. Reg. 16600, effective September 27, 2011; amended in R09-19 at 35 Ill. Reg. effective SUBPART Q: 

### STATIONARY RECIPROCATING INTERNAL COMBUSTION ENGINES AND TURBINES Section 217.388 Control and MaintenanceRequirements a) On and afterthe applicable compliance date in Section 217.392, an owner or operatorofan affected unit must inspect and maintain affected units as required by subsection (a)(4) ofthis Section and comply withone ofthe following: the applicable emissions concentration as set forth in subsection (a)(!) ofthis Section, the requirements for an emissions averagingplan as specified in subsection (a)(2) ofthis Section, orthe requirements for operation as a low usage unit as specified in subsection (a)(3) ofthis Section. I) Limits the discharge from an affected unit into the atmosphere ofany gases thatcontainNOx to no morethan: A) !50ppmv (correctedto 15 percent 

### 0 2 

### on a dry basis) for sparkignited rich-bum engines; B) 210 ppmv (correctedto 15 percent 

### 02 on a drybasis) for sparkignited lean-burnengines, except for existing spark-ignited Wmthington engines that are not listed in Appendix G;

### ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENT C) 365 ppmv (corrected to 15 percent 

### 0 2 

### on a dry basis) for existing spark-ignited Worthington engines that are not listed in Appendix 

### G; D) 660 ppmv (corrected to 15 percent 

### 0 2 

### on a dry basis) for diesel engines; E) 42 ppmv (corrected to 15 percent 

### 0 2 

### on a dry basis) for gaseous fuel-fired turbines; and F) 96 ppmv (corrected to 15 percent 

### 02 on a dry basis) for liquid fuelfired turbines. 2) Complies with an emissions averaging plan as providedfor in either subsection (a)(2)(A) or (a)(2)(B) ofthis Section: A) For any affected unit identifiedby Section 217.386: The requirements ofthe applicable emissions averaging plan as set forth in Section 217.390; or B) Forunits identified in Section**217.386(a)~** 

### The requirements ofanemissions averagingplan adopted pursuantto any other Subpart ofthis Part. For such affected engines and turbines the applicable requirements ofthis Subpart apply, including, butnot limited to, calculation ofNOx allowable and actual emissions rates, compliance dates, monitoring, testing, reporting, and recordkeeping. 3) Operates, for units not listed in Appendix G, the affected unit as a low usageunit pursuant to subsection (a)(3)(A) or (a)(3)(B) ofthis Section. Low usage units that are not part ofan emissions averaging plan are not subjectto the requirements ofthis Subpart 

### Qexcept for the requirements to inspect and maintainthe unit pursuant to subsection (a)(4) ofthis Section, test as required by Section217.394(f), and retain records pursuant to Section 217.396(b) and (d). Either the limitation in subsection (a)(3)(A) or (a)(3)(B) may be utilized at a source, but notboth: A) The potential to emit (PTE) is no more than I00 TPY NOx aggregated from all engines and turbines located at the source that are not otherwise exemptpursuant to Section 217.386(b), and not

### ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENT complying with the requirements ofsubsection (a)(!) or (a)(2) of this Section, and the 

### NOx PTE limit is contained in a federally enforceable permit; or B) The aggregate bhp-hrs/MW-hrs from all affected units located at the source that are not exempt pursuant to Section 217.386(b), and not complying with therequirements ofsubsection (a)(l) or (a)(2) ofthis Section, are less than or equal to the bhp-hrs and MW-hrs operation limit listed in subsections (a)(3)(B)(i) and (a)(3)(B)(ii) of this Section. The operation limits ofsubsections (a)(3)(B)(i) and (a)(3)(B)(ii) ofthis Sectionmust be contained in afederally enforceable permit, exceptfor units that drive a natural gas compressor located at anatural gas compressor station or storage facility. The operation limits are: i) 8 mm bhp-hrs orless on an annual basis for engines; and ii) 20,000 MW-hrs or less on an annual basis for turbines. 4) Inspects and performsperiodicmaintenance on the affectedunit, in accordancewith a Maintenance Planthat documents: A) For a unit not located at natural gastransmission compressor station or storage facility, either: i) The manufacturer's recommended inspection and maintenance ofthe applicable air pollution control equipment, monitoring device, and affected unit; or ii) Ifthe original equipment manual is not available or substantial modifications have been madethatrequire an alternative procedure for the applicable airpollution control device, monitoring device, or affected unit, the owneror operatormust establish a plan for inspection and maintenance in accordancewith what is customary for the type ofairpollution control equipment, monitoring device, and affected unit. B) For a unit located at a natural gas compressor station or storage facility, the operator's maintenance procedures for the applicableILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF ADOPTED AMENDMENT airpollution control device, monitoring device, and affected unit. b) Owners and operators ofaffected units may change the method ofcompliance with this Subpart, as follows: I) When changing the method ofcompliance from subsection (a)(3) ofthis Section to subsection (a)(I) or (a)(2) ofthis Section, the owner or operator must conducttesting and monitoring according to the requirements of Section 217.394(a) through (e), as applicable. Forthis purpose, references to the "applicable compliance date" in Section217.394(a)(2) and (a)(3) shall mean the date by which compliance with subsection (a)(I) or (a)(2) ofthis Sectionis to begin. 2) An owneror operator ofan affectedunitthat is changingthe method of compliance from subsection (a)(!) or (a)(2) ofthis Section to subsection (a)(3) ofthis Section must: A) Continue to operatethe affected unit's control device, ifthatunit relied upon aNOx emissions control device for compliance with the requirements ofsubsection (a)(!) or (a)(2) ofthis Section; and B) Priorto changing themethod ofcompliance to subsection (c) of this Section, complete any outstanding initial performance testing, subsequent performances testing ormonitoring as required by Section 217.394(a), (b), (c), (d) or (e) for the affected unit. Ifthe deadline for suchtesting ormonitoring has not yet occurred (e.g., the five-year testing ormonitoring sequence has notyet elapsed), the owner oroperator must completethe test or monitoringpriorto changing themethod ofcomplianceto subsection (a)(3) ofthis Section. After changing the method ofcompliance to subsection (a)(3) ofthis Section, no additional testing ormonitoring will be required for the affected unit while it is complying with subsection (a)(3) ofthis Section, exceptas provided for in Section 217.394(£). (Source: Amended at 35 Ill. Reg.

___ ,**effective-~**

# 30 IEPA ATTACHMENT NO.-
From: Matoesian, Charles Sent: Thursday, January 28, 2010 12:20 PM To: Matoesian, Charles Subject: FW: SIP Submittal Contents

-----Original Message----- From: Summerhays.John@epamail.epa.gov [mailto:Summerhays.John@epamail.epa.gov] Sent: Tuesday, October 20, 2009 5:39 PM To: Matoesian, Charles Cc: Panos.Christos@epamail.epa.gov Subject: SIP Submittal Contents
Charles, Thank you for asking about SIP submittal requirements. USEPA has been working to reduce the amount of paper that states need to submit in SIP submittals. I would especially point to rulemaking that we published on July 16, 2007, at 72 FR 38792, making numerous changes to SIP processing and SIP submittal requirements. Note especially that 40 CFR 51.103 ("Submission of plans") now authorizes states to submit 2 hard copies and one electronic copy of a SIP submittal, in lieu of submitting 5 hard copies. Indeed, given that we make the SIP available to the public primarily in electronic form, we actually prefer the approach of states submitting 2 hard copies accompanied by an electronic copy. The official requirements for contents of a submittal are given in 40 CFR 51 Appendix V, defining completeness criteria. However, the state must use judgment in deciding what materials should be submitted to meet these criteria, especially with respect to the technical material that justifies the substantive content of the submittal. Nevertheless, the following are some specific suggestions:

- Most of the administrative materials required under Appendix V are self explanatory and can be satisfied with brief documentation, commonly just a few pages in length. I might suggest using a SIP checklist (like many other states do), insofar as it may be an easier and briefer way to document that you are meeting the procedural requirements. Let me know if you'd like to see a sample. -Appendix V 2.l(h) requires a compilation of public comments and the state's response thereto; Appendix V does not require submittal of hearing transcripts. Occasionally the state may decide that a hearing transcript provides useful documentation of an issue pertinent to a submittal, but more commonly the comment summary and response is a more concise and more useful discussion of pertinent issues.·

- While EPA documents may be an important part of the record in Illinois' rulemaking, it is never necessary to submit EPA documents to EPA for EPA's rulemaking.

# ..,, . 

## . 

# .

- Given that the IPCB maintains an electronic docket file for its rulemakings, I would suggest that each submittal based on IPCB rulemaking provide a link to their docket. This is not a substitute for submitting the documents that are necessary to satisfy App. V, but this is an appropriate means of alerting us to the availability of more peripheral documents, such as hearing transcripts usually are. -With respect to technical support (App. V 2.2), remember that the submitted material should be limited to the material that helps us judge the merits of the submittal. The state will need to make judgments for each submittal as to the issues that need to be addressed and the types of materials that need to be provided for EPA to conduct its review. States have often submitted a substantial volume of material that was not necessary for EPA to evaluate the key issues of the submittals. We would be happy to consult on what materials to include in particular submittals at your request.