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

* * * * * PC# 7 * * * * * 23 

IEPA ATTACHMENT ND._ 

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD 

IN THE MATTER OF: 

CLEAN-UP 

AMENDMENTS TO 35 ILL. 

ADM. CODE PART 243 

) 

) 

) 

) 

) 

) 

NOTICE 

TO: 

John Therriault, Clerk 

Illinois Pollution Control Board 

State of Illinois 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 

Katherine Hodge 

Monica T. Rios 

Hodge Dwyer & Driver 

3150 Roland Avenue 

PO Box 5776 

Springfield, IL 62705-5776 

R09-019 

(Rulemaking- Air) 

Mitchell Cohen 

Chief Legal Counsel 

lllinois Dept. of Natural Resources 

One Natural Resources Way 

Springfield, Illinois 62702-1271 

Mr. Timothy J. Fox 

Hearing Officer 

Illinois Pollution Control Board 

100 W. Randolph Street 

Suite 11-500 

Chicago, Illinois 60601 

Matthew Dunn, Division Chief 

Environmental Enforcement/ 

Asbestos Litigation Division 

Office of the Attorney General 

100 W. Randolph Street, 

Suite 1200 

Chicago, Illinois 60601 

PLEASE TAKE NOTICE that I have today filed with the Office of the Pollution 

Control Board the FIRST NOTICE COMMENTS OF THE ILLINOIS 
Electronic Filing - Received, Clerk's Office, January 18, 2011 

* * * * * PC# 7 * * * * * 

ENVIRONMENTAL PROTECTJON AGENCY a copy of which is herewith served upon 

you. 

DATED: January I 8, 201 I 

P.O. Box 19276 

Springfield, Illinois 62794-9276 

217/782-5544 

ILLINOIS ENVIRONMENTAL 

PROTECTION AGENCY 

By: =-~~~--~~-­

Charles E. Matoesian 

Assistant Counsel 

Division of Legal Counsel 
Electronic Filing- Received, Clerk's Office, January 18, 2011 

* * * * * PC# 7 * * * * * 

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD 

IN THE MATTER OF: ) 

) 

) 

) 

) 

) 

CLEAN-UP 

AMENDMENTS TO 35 ILL. 

ADM. CODE PART 243 

R09-19 

(Rulemaking -Air) 

FIRST NOTICE COMMENTS OF THE ILLINOIS EPA 

NOW COMES the ILLINOIS ENVIRONMENTAL PROTECTION AGENCY ("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 sending the rule to first notice and responds as follows: 

The Illinois Environmental Group's ("!ERG") suggestions regarding the S02, N02 and 

CO provisions of the Illinois rule were not part of the Illinois EPA's original proposal and the 

Illinois EPA believes that the !PCB should not make these changes in this proceeding. Since the 

Illinois EPA's original filing of its proposal, USEPA has revised the S02 and N02 air quality 

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 that the Board made a finding of fact regarding 

the current language in Part 243 concerning the S02 air quality standard. First Notice Comments 

of the !ERG, page 9. Rather, the Board restated !ERG's position but chose not to make !ERG's 

requested change. The Illinois EPA encourages the Board to maintain this course of action. 
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 of action and only amend Part 243 as laid out in its Order. It is preferable, 

at this point, to limit the 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 ILLINOIS POLLUTION CONTROL BOARD 

IN THE MATTER OF: 

CLEAN-UP 

AMENDMENTS TO 35 ILL. 

ADM. CODE PART 243 

) 

) 

) 

) 

) 

) 

R09-019 

(Rulemaking -Air) 

PROOF OF SERVICE 

I, the undersigned, on oath state that I have served the attached FIRST NOTICE 

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 

State of Illinois 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 

Katherine Hodge 

Monica T. Rios 

Hodge Dwyer & Driver 

3150 Roland Avenue 

POBox 5776 

Springfield, IL 62705-5776 

Mitchell Cohen 

Chief Legal Counsel 

Illinois Dept. of Natural Resources 

One Natural Resources Way 

Springfield, Illinois 62702-1271 

Mr. Timothy J. Fox 

Hearing Officer 

Illinois Pollution Control Board 

100 W. Randolph Street 

Suite 11-500 

Chicago, Illinois 60601 

Matthew Dunn, Division Chief 

Environmental Enforcement/ 

Asbestos Litigation Division 

Office of the Attorney 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 BEFORE ME 

this th day of , 2011 

Notary Public 
ILLINOIS POLLUTION CONTROL BOARD 

September 22, 20 I 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 rulemaking proposal on December I, 2008. After conducting two public 

hearings, the Board on November 4, 20 I 0, issued its first-notice opinion and order proposing 

amendments intended to update Part 243 of the 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 comment period (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). After reviewing the substance of those 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 of this rulemaking 

before summarizing the Board's first-notice proposal. The Board then summarizes the Agency's 

December 28,2010 second errata sheet and both the Agency's and !ERG's first-notice 

comments. After discussing the 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 of the Board's regulations (Prop.). See 35 Ill. Adm. Code 243. A Statement of Reasons 

(SR) and a Technical Support Document accompanied the proposal. In an order dated 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 I 0, 2009, in Chicago. The 

same order set a deadline of January 20, 2009, to pre-file testimony 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 order dated 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 instanter the testimony of Mr. 

Robert Kaleel. Mr. Kaleel's testimony (Kaleel Test.) and a revised Technical Support Document 

(TSD) accompanied the motion. 

The first hearing took place on March 10, 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 instanter the testimony of Mr. Kaleel. Tr.1 at 4-5. Also during the first hearing, 

the hearing officer admitted one exhibit into the record of this proceeding: 40 C.F.R 50.2-

50.15 (Exh. 1). See Tr.l at 15. 

In an order dated 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, !ERG pre-filed the testimony of Mr. 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 cover page, page six, and pages 62-66 of the Agency's 2007 lllinois Annual 

Air Quality Report (Exh. 2); a "Summary of Pekin Sulfur Dioxide Data 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) of the Act (415 ILCS 5/27(b) (2010)) the Board requested 

in a letter dated December 19, 2008, that the Department of Commerce and Economic 

Opportunity (DCEO) determine whether it would conduct an economic impact study of the 

Agency's rulemaking proposal. 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 of a response to 

it. Tr.2 at 37. Although the hearing officer afforded those present an opportunity to testify 

regarding the request, no participant offered testimony. See id. at 37-38. 

In an order dated 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 Request to 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. I d. at 4-5. 

On December 28, 20 I 0, the Agency filed a second errata sheet (PC 5 or Errata 2). 

On January 3, 2011, !ERG filed first-notice comments (PC 6). On January 18,2011, the 

Agency filed first-notice comments (PC 7). 

SUMMARY OF FIRST -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) of the Board's regulations includes a cross-reference to a non-existent Section 

217.386(a)(I)(B) that should instead refer to 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 of Section 217.388 to the reference to Section 217.386. PC 4. The Agency 

acknowledged that the adopted Section 217 .388(a)(2)(B) included that error and asked how the 

error could 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 and that the public comment 

proposes an appropriate correction. Accordingly, the Board found that this docket updating the 

air regulations should include that 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's unopposed motion to add a proposed amendment to Part 223 for 

consideration in this docket. Supra at 3; see 35 Ill. Adm. Code 223.205(a)(2); see generally Mot. 

Add. The Agency sought to amend the name of the category "Adhesives-- Construction, Panel 

and Floor Contact" so that it corresponds to the adopted definition of the term "Adhesives --

Construction, Panel and Floor Covering Adhesives." See 35 Ill. Adm. Code 223.203 

(definitions), 223.205(a)(2), Mot. Add. 

The Board concurred with the Agency's view that this proposed amendment would make 

Part 223 more consistent with regulations adopted in other jurisdictions. Opinion at 20; see 
4 

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 of the 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. 

Part 243 Subpart A: General Provisions 

In Subpart A, the Agency proposed a number of amendments, some of which simply 

corrected typographical errors or corrected 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, the Agency proposed to amend 

Section 243 .I 08 to update material incorporated by reference and to incorporate by reference 

new materials pertaining to PM25, ozone, and lead. Prop. at 4, Mot. Amend at 2-3, Errata I at 2-

3. The Board found that the record did not persuasively dispute these proposed amendments and 

that they correct, clarify, and update these regulations. The Board proposed the amendments as 

offered by the Agency for first notice publication. Opinion at 21. 

Part 243 Subpart B: Standards and Measurement Methods 

Section 243.120 PM-10 

The Agency's original proposal sought to amend the heading of this 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). The Agency also sought to adopt a measurement method for 

determining compliance with the PM2.

5 standard. Prop. at 5. The Agency's first errata sheet 

responded to questions at the 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 proposed to amend 

subsection (b) regarding demonstrating attainment of the PM10 standard through 40 C.F.R. 50, 

Appendix K. PC 2 at 3. Specifically, IERG proposed 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 CFR 50, Appendix J (incorporated 

by reference in Section 243.108). The standards are attained when the expected 

number of days per calendar year with a 24-hour average concentration above 150 

micrograms per cubic meter is equal to or less than one, as determined in 

accordance with 40 CFR 50, 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 Measurement Method. For detem1ining conformance with the 

PMzs ambient air quality standards, PMz.s shall be measured by the 

method described in 40 CFR 50, Appendix L (incorporated by reference in 

Section 243. I 08). Compliance with the standards is determined using the 

methods and procedures described in 40 CFR 50, Appendix N 

(incorporated by reference in Section 243.1 08). 

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 or equal to 

15.0 f!g/m3

• 

2) 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 of this part, is less than 

or equal to 35 f!g/m3

. !d. at 4. 

The Board's first-notice opinion concluded that IERG's proposed language clarifies these 

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 Sulfur Oxides (Sulfur Dioxide) 

The Agency's original proposal included only a single technical correction in this section. 

Prop. at 6; see also Mot. Amend; Errata I. In his testimony on behalf of the Agency at the first 

hearing, Mr. Kaleel indicated that the state standard has not been amended "for many years." Tr. 

1 at 23. He continued that "it's not our intent to revise that at this time." !d. He further stated 

that the Agency intended to amend Illinois' regulations only to reflect revised 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 his testimony, Mr. Kolaz 

stated that the last federal revision of this standard took place in 1996. Kolaz Test. at 2. 

!ERG emphasized that, while the state standard is expressed in terms of micrograms per 

cubic meter and only parenthetically in ppm, the federal standard is stated only in terms of ppm. 

PC 2 at 6, Kolaz Test. at 3, Tr. 2 at 22. !ERG also argued that the 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 that the state standard should interpret data using block averaging 

rather than running average time periods. PC 2 at 8, Kolaz Test. at 3. 

Regarding the amendments to the sulfur oxides standard proposed by IERG, the Board 

noted that the record identified only a single affected source, Aventine, and did not estimate any 

economic impact of the proposed amendments. Opinion at 22; see 415 ILCS 5/27(b) (2010); 35 
6 

Ill. Adm. Code I 02.202(b ). The Board also noted that the record also does not clearly project the 

environmental impact of these 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 I ERG'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 of micrograms per cubic 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 behalf of the Agency at the first hearing, Mr. Kaleel 

stated that "it's not our intent to 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 behalf of !ERG, Mr. Kolaz noted that, while the federal standard for 

carbon monoxide is expressed in terms of ppm and only parenthetically in terms of micrograms 

per cubic meter, the state standard is stated in terms of micrograms per cubic meter and only 

parenthetically in terms of ppm. Kolaz Test. at 5-6, Tr.2 at 29. He recommended that the Board 

prov.ide the standard only in terms of ppm. Kolaz Test. at 6. !ERG also argues that the Board 

should incorporate the rounding convention, data completeness, and data handling provisions of 

the federal rule. !ERG also proposed that compliance with the standard be determined through 

non-overlapp.ing running averages. PC 2 at I 0. 

Regarding the amendments to the carbon monoxide standard proposed by !ERG, the 

Board stated that the record does not clearly identify sources that may be affected or estimate any 

economic impact of the proposed amendments upon them. Opinion at 23; see 415 ILCS 5/27(b) 

(20 I 0); 35 Ill. Adm. Code I 02.202(b ). The Board also stated that the record did not clearly 

project the environmental impact of these provisions and that the Agency had argued that 

application of block averaging is less stringent than running averaging. Opinion at 23. 

Accordingly, the Board declined to propose the language by !ERG for 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 behalf of the 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 "have existed for a very long time, and at such time U.S. EPA revises 

those standards, we will revisit those, 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 behalf of !ERG, Mr. Kolaz noted that, while the federal standard for 

nitrogen dioxide is expressed in terms of ppm and only parenthetically in terms of micrograms 

per cubic meter, the state standard is stated in terms of micrograms per cubic meter. Kolaz Test. 

at 4; see PC 2 at 9. I ERG recommended that the Board provide the nitrogen dioxide standard 

only in terms of ppm. PC 2 at 9 6. !ERG also noted that the 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 that the record does not clearly identify sources that may be affected or estimate any 

economic impact of the 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 of these 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 firstnotice publication. Opinion at 24. 

Section 243.125 Ozone 

The Agency's original proposal sought to incorporate the new federal 8-hour ozone 

standard, adopt a measurement method for determining compliance with it, and revoke the !-

hour standard. SR at 2 (citations omitted); Prop. at 7. The Agency's first errata sheet proposed 

changes intended to make this section more consistent with the federal standard. Errata I at 4-5; 

see Tr.1 at I 9-20. 

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 of the 8-hour ozone standard through 

40 C.F.R. 50, Appendix P. !d. Specifically, IERG proposed that subsection (b) provide in its 

entirety that 

[ 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-year average of the 

annual fourth-highest daily maximum 8-hour average ozone concentration is less 

than or equal to 0.075 ppm, as determined using 40 CFR 50, Appendix P 

(incorporated by reference in Section 243.1 08). PC 3 at 4. 

The Board concluded that IERG's proposed language clarifies this provision without 

significant substantive revision. Opinion at 24. The Board proposed this language for firstnotice publication and invited comment from 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 of nonsubstantive 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 measurement method 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 consistent with the revised federal standard. 

Errata 1 at 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, or projected 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. 

Technical Feasibility and 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 

of the Agency's rulemaking proposal. 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 of a response to it. Tr.2 at 37. Although the hearing officer afforded 

those present an opportunity to testify regarding the request, no participant offered testimony 

regarding that issue. See id. at 37-38. 

The Board noted that the Agency's Statement of Reasons 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 new requirements, they merely 

update the State's regulations to reflect current federal law and standards. The 

1llinois EPA therefore believes that an analysis of technical 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 

SRat 4. 

Generally, the Board proposed for first-notice publication language reflecting the Agency's 

general 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 identifying potentially affected sources and projecting economic and 

environmental impacts. Accordingly, the Board concurred with the Agency that the 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 

economically reasonable. !d. 
9 

AGENCY'S SECOND ERRATA SHEET (PC 4) 

In its second errata sheet filed December 28, 2010, the Agency proposed a number of 

"amendments to the text of the rules sent to First Notice by the Board on November 4, 201 0." 

Errata 2 at 1 . 

The Agency first proposed to amend Section 243.106 "to clarify the source of and form 

of the ambient air quality 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 or mobile 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 of pollutants requiring measurement. /d. Third, the Agency proposed to 

amend Section 243.208 by adding two items to the list of materials incorporated by reference. 

/d. Those items are "Hi-volume method, 40 CFR 50 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 of Section 243.108 to reflect the 

proposed incorporation of these additional materials. See id. 

Fourth, the Agency suggested a number of revisions to Section 243.120, which is 

proposed to address PM 10 and PM2.5• The Agency seeks to amend subsection (b) "to amend the 

measurement method required, and the computation of such 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 PM10PM 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 of days per calendar year with a 

24-hour average 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 I Q 

staAEiarEis are EleserilleEI iR 40 CFR 50, appendixAJ3]3eREiil< K (incorporated by 

reference in Section 243.1 08). /d. 

The Agency also sought to clarify subsection (c) by referring specifically to "PM2.s" in its title. 

/d. In addition, the Agency proposed to amend subsection (d) by adding"[n]ew methods of 

calculating the annual primary and secondary PM2.s and 24-hour primary and secondary PM2.s 

standards." Jd. As amended for second notice, subsection (d) would provide in its entirety that 
10 

!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 or equal 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 or equal to 35 ug/m3

. ld. 

Fifth, the Agency proposed to amend Section 243.125 "to explain when the primary and 

secondary air quality standards for 8-hour ozone 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€1 for ozone are 0.075~ parts per million (ppm) daily 

(235 mieregrarns Jler e~eie meter) maximum 8-hour average! ke~r 

concentration, measured and determined in accordance with subsection (b) 

be)OWA8t !8 ee eJ~eeeeee SR Fll8re thaR 8Ae €Jay jler year. 

b) Measurement Method. Fer EleterrniRiAg 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 met when the T¥il&l' average of the annual fourth-highest 

daily maximum 8-hour average ozone concentration is less than or equal 

to 0.075 ppm, as determined using 40 CFR 50, appendix P, (incorporated 

by reference in Section 243.1 08). I d. at 4. 

Finally, the Agency proposed to amend Section 243.126. The Agency seeks to amend 

subsection (a) "to clarify the form of lead 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 Ambient Air 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 Matter of: Proposed Air Quality Standards, R72-7, slip op. at 4-5 (July 

I 0, 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 Air Act." PC 6 at I, citing SR at 4. !ERG claims that the Board's first-notice 

opinion and order maintains this intent, "unambiguously stating that the intent is to update Part 

243 to reflect federal air quality standards." PC 6 at 2, citing Opinion at I. 

!ERG states that its participation in this proceeding has been "entirely intended to 

promote the purpose of maintaining that uniformity and to avoid any possibility of interpreting 

state standards in a manner different than the federal standards." PC 6 at 2. !ERG asserts that 

neither it nor the Agency has presented testimony or comment intending to introduce conflict 

between federal and state standards. !d. !ERG argues that any interpretation of Illinois' 

standards "in a manner that reaches a different conclusion from that derived from the federal 

standard on which it is based would be contrary to the clear intent of the record on which the 

State standards were established." !d. at 3. !ERG states that its comments reflect "the need to 

eliminate the possibility of interpretations of the State standards that would differ from those of 

the federal standards." !d. 

!ERG states that it intends no substantive revision of Illinois' air quality standards "other 

than to update them to reflect current federal law and standards." PC 6 at 3. !ERG notes that the 

Board declined to propose !ERG's recommendations because it had not submitted technical 

support or demonstrated economic or environmental impacts. !d. !ERG argues, however, that 

the Board has cited the Agency's argument in support of the technical feasibility and economic 

reasonableness of its proposal. ld., citing Opinion at 25; see SR at 4. That argument states in its 

entirety that 

[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 of technical 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 of Reasons. PC 6 at 3; see SR at 4. Consequently, 

!ERG asks the Board to consider amendments it had recommended but that the Agency had not 

proposed. !d. 
12 

Section 243.120 (PM10 and PM1.sl 

!ERG states that it concurs with rev.isions to Section 243.120 in ·the Board's first-notice 

proposal "which will eliminate any ambiguity in the interpretation of this 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." I d. 

However, !ERG indicates that Illinois Register publication of the Board's proposal 

includes "changes that extend beyond punctuation, spelling, and grammar corrections." PC 6 at 

4. !ERG states that it "does not support such changes to the Board's proposed rule." Jd. IERG 

notes that the Agency filed a second errata sheet that would effectively restore the Board's firstnotice proposal. Jd., see Errata 2. I ERG states that its supports the substance of these changes 

with specified exceptions. PC 6 at 4. !ERG indicates that, although the Agency proposed to add 

to subsection (b) and (d) the phrase "or an equivalent method designated in 40 CFR 53," that 

addition should read "or an equivalent method designated pursuant to 40 CFR 53." I d. JERG 

adds that this language should occur only following "Appendix J" in subsection (b) and after 

"Appendix L" in subsection (d). Jd. 

Section 243.122 (Sulfur Oxides) 

!ERG argues that the current sulfur oxides standard was, at the time of its adoption, 

"identical to the federal standards." PC 6 at I 0, citing In the Matter of: Proposed Air Quality 

Standards, R72-7, slip op. at 14 (July 10, 1975). JERG observes that it "is not being interpreted 

by the Agency in a manner that 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 that the Agency should not be able to use 

Illinois' rules "to purposely arrive at a different result than that derived from application of the 

federal standard." Jd. at 10. !ERG argues that substantive change of this nature "should be 

promulgated by the Board through proper rulemaking procedures." Jd. Noting that it has 

proposed amendments to this section, !ERG claims that the Agency's interpretation "in a manner 

that is more stringent that the federal standards should be sufficient to justifY the necessary 

changes that U.S. EPA made long ago to preclude such interpretation and conform with the 

intent of the Board when the sulfur dioxide standards were adopted." I d. 

However, !ERG notes that USEPA has adopted "a new sulfur dioxide NAAQS 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 !-hour S02 standard at a level 

of75 parts per billion (ppb), based on the 3-year average of the 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 of the State's current rule reduce the potential impact of any 

interpretation of the 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 that the 

current state standard "should be clarified" as long as it remains in the Board's regulations. I d. 
I 3 

Section 243.123 (Carbon Monoxide) 

I ERG favors clarification of this 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). I ERG characterizes this as reversing the current expression of the 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 that the following components of the USEPA rule be 

incorporated into this standard: rounding convention, data completeness, and data handling. PC 

6 at 12. !ERG also claims that this 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) 

Regarding the 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 I I. !ERG argues that "any 

clarifications made by the U.S. EPA to facilitate interpretation of its rule would be made by the 

Board to continue to maintain parity on which the rule was originally promulgated." Jd. !ERG 

claims that, because the Board has not made these clarifications, confusion among regulated 

entities has resulted. Jd. !ERG further claims that the Agency has not provided any justification 

for a more stringent state standard. Jd. In addition, IERG argues that "the Agency is following 

the U.S. EPA's air quality standard for nitrogen dioxide in all of its data collection and 

reporting." Jd. citing In the Matter of Air Quality Standards Clean-up: Amendments to 35 Ill. 

Adm. Code Part 243, R09-19, slip op. at 4-5 (Apr. 14, 2009) (pre-filed testimony on behalf of 

!ERG by David L. Kolaz). !ERG claims that adoption of its 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 of I 00 ppb, based on the 3-

year average of the 98th percentile of the yearly distribution of !-hour daily maximum 

concentrations, to supplement the existing annual standard."). !ERG argues that, "(g]iven the 

Agency's current practice, it is fair to say that 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's rule for the annual standard as it proposed in previous comments." Jd. at 12. 

Section 243.125 (8-Hour Ozone) 

!ERG states that it concurs with revisions to Section 243.125 in the Board's first-notice 

proposal "which will eliminate any ambiguity in the interpretation of this 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 Illinois Register publication of the Board's proposal 

includes "changes that 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 

of these 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 "substantively the same as the language contained in the federal ozone standard .... " 

Jd., citing 40 CFR 50.15(a). !ERG notes that the proposal published in the Illinois 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 of the Board's air quality standard[s] 

that describes the concept of reference and equivalent measurement 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's recommended changes, it had offered those changes "in light of the form and substance 

of the 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 of clarifying this provision without 

adding significant substantive revision." Jd. at 6. !ERG argues that, although the federal 

standard is "familiar to industry," the Board's first-notice proposal differs from it "in ways 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 of the reference in subsection (b) to determining compliance with standards 

"for lead and its compounds." PC 6 at 7 n.l; see 34 Ill. Reg. 17543 (Nov. 19, 201 0). !ERG 

acknowledges that the Agency's second errata sheet sought to amend subsection (a) by adding 

the phrase "measured as elemental lead." Jd.; see Errata 2 at 4. !ERG suggests that this would 

not clarify the rule because the Agency has not proposed to amend subsection (b) referring to 

measurement of"lead and its compounds." See PC 6 at 7 n.l. 

!ERG argues that the phrase "and its compounds" should be restored to subsection (a) "to 

describe the pollutants that are the subject of the standard." PC 6 at 7 n.l. !ERG favors this 

addition in order to be consistent with 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 argues that the first sentence of subsection (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)he primary and secondary ambient air quality standards shall be determined in 

accordance with Appendix R of Part 50 as incorporated by reference in Section 243.108 of this 

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 of when 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. !ERG compares the federal 

rule, which "includes a brief description of the 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 that the federal1anguage is "helpful to the reader of the 

standard by providing a sense of the 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) of the Board's proposal states in part that 

"lead and its compounds shall be measured by the 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, 20 I 0), Opinion at 45. !ERG states that Appendix Q describes the x-ray 

fluorescence method and not the atomic absorption spectrometry method. PC 6 at 8 n.l. IERG 

further notes that the Agency's second errata sheet proposed that lead and its compounds be 

"collected by the reference method specified in 40 CFR Part 58 Appendix B." Jd.; see Errata 2 

at 4. After indicating that Part 58 Appendix B is reserved, !ERG states that "[a) reference to 40 

CFR Part 50, appendix B would appropriately describe the sample collection method for samples 

collected pursuant to the reference method described in 40 CFR 50, appendix G but not to 

appendix Q. The sample collection method for the reference method described in appendix Q is 

described in 40 CFR 50, appendix 0." PC 6 at 8 n.l. !ERG adds that "Appendix Q describes a 

method that may be used to show a violation of the standard but may not be used to 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 ]nly the method described in 40 CFR 50, appendix G may be used to show 

compliance .... " Jd. !ERG argues that the federal lead standard refers only to appendix G and 

includes a reference to appendix R as the means for allowing use of the method in appendix Q in 

specified situations. ld. !ERG proposes the following language, as amended for second notice, 

for subsection (b): 

b) Measurement Method. 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 a reference method based on 40 CFR 50. 

appendix G and designated in accordance with 40 CFR 53. or by 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 by reference in Section 243.108 of this 

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 of this 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 of the Agency and the Board to 'clean-up' the 

Illinois air quality standards." PC 6 at I 2. !ERG seeks to achieve "the intent of the proposed 

rulemaking --to provide conformity between Illinois' and the U.S. EPA's standards-- as stated 

by the Board at the time the State's standards were initially adopted." ld. at 13. !ERG argues, 

however, that the 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 air quality standards and properly reflect the original intent of the 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 reflect the methods and 

techniques that the Agency uses to interpret the 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 of its current running average basis. ld. at 12-13. Second, !ERG argues 

that, "[a]Ithough the U.S. EPA has revoked its sulfur dioxide standards in favor of a new !-hour 

standard, there is still value to clarifying this standard as long as it is a state rule." Jd. at 13. 

AGENCY FIRST-NOTICE COMMENTS (PC 7) 

The Agency states that !ERG's "suggestions regarding the S02, N02 and CO provisions 

of the Jllinois rule were not part of the Illinois EPA's original proposal and the Illinois EPA 

believes that 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 S02 and N02 air 

quality standards, and is considering revisions to the CO, ozone, and PM25 standards as well." 

I d. The Agency states that intends "in the near future" to file a rulemaking proposal reflecting 

these revisions. Jd. 

Citing !ERG's first-notice comments, the Agency claims that "JERG overreaches in 

claiming that the Board made a finding of fact regarding the current language in Part 243 

concerning the S02 air quality standard." PC 7 at I, citing PC 6 at 9. The Agency argues that 

"the Board restated JERG's position but chose not to make JERG's requested change." PC 7 at 

I. The Agency requests that the Board maintain this position. Jd. 

The Agency notes that the Board's first-notice opinion and order did not adopt changes 

proposed by lERG to the CO and N02 standards. PC 7 at 2. The Agency encourages the Board 

not to adopt these changes at second notice and to amend Part 243 only as provided at first 

notice. Jd. The Agency concludes that "[i]t is preferable, at this 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 indicating that 

Section 218.388(a)(2)(B) includes an incorrect cross-reference and that the public comment 

proposed an appropriate correction. First-notice comments have not addressed the substance of 

this proposal. Accordingly, the Board's order 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 amendment to Section 223.205 for consideration in this docket. Specifically, the 

Agency sought to amend the name of the category "Adhesives -- Construction, Panel and Floor 

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

Covering Adhesives." The Board found that this proposed amendment would correct an 

inconsistency and would clarify the Board's volatile organic material emission regulations. 

First-notice comments have not addressed the substance of this proposal. Accordingly, the 

Board's order below submits this proposed amendment of Section 223.205 to second-notice 

review by JCAR. 

Part 243 Subpart A: 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 of these proposed amendments. Accordingly, the Board's 

order below submits amended Section 243.10 I 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 a typographical error, and JCAR has proposed additional .non-substantive changes. 

First-notice comments have not addressed any of these 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 Register publication of the 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 of the proceeding. See 5 ILCS I 00/5-40(b) (201 0) ("Each 

agency shall give at least 45 days' notice of its intended action to the general public. This first 
18 

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 R 12-8 an Agency 

proposal to amend other sections of the Board's air 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's proposal 

regarding measurements ofPM25 . During the first-notice comment period, 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 rulemaking proposal 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 by Reference 

In its first-notice opinion, the Board submitted to publication the Agency 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 

of material: the hi-volume method at 40 C.P.R. 50 Appendix B (1983), and the gas phase 

chemiluminescence method at 40 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 requiring the use of a reference method specified in 40 C.F .R. Part 50 

Appendix G, which sets forth sample collection requirements, instead of 40 C.F .R. 50 Appendix 

B. Accordingly, incorporation of Appendix 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 that the gas phase chemiluminescence method measures 

nitrogen dioxide concentrations. However, as the Board below declines at this time to adopt 

substantive amendments to this standard, it declines also to incorporate this method by reference 

for second-notice review. 

Part 243 Subpart B: Standards and Measurement Methods 

Section 243.120: PM1o and PMz s 

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 at 43-44), which the Agency's second 

errata sheet effectively restates (PC 4 at 2-3). Specifically, !ERG states that it "supports the 

substantive elements of the Agency's suggestions" with one exception. "[T]he phrase 'or an 

equivalent method designated in 40 CFR 53' should read 'or an equivalent method designated 
19 

pursuant to 40 CFR 53' in subsection (b) after 'Appendix J' and in subsection (d) after 

'Appendix L."' PC 6 at 4. 

The Board concludes to propose for second-notice review the language of its first-notice 

opinion and order, which is effectively restated by the Agency's second errata sheet. The Board 

also concludes that the language proposed in !ERG's first-notice comment would clarify this 

provision, and the Board incorporates that language in its order below. 

Section 243.122: Sulfur Oxides (Sulfur Dioxide) 

Through its testimony by Mr. Kolaz and its post-hearing comments, !ERG has sought to 

amend the 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's proposed amendments. See PC 3 at 5-6; PC 7 at 1. 

In its first-notice opinion, the Board effectively submitted the Agency's proposal to first-notice 

publication and declined to adopt the language proposed by !ERG. Opinion at 22. 

In its first-notice comment, JERG notes that USEPA has adopted a new sulfur dioxide 

NAAQS, which revokes both the annual and the 24-hour standard. PC 6 at 10, citing 75 Fed. 

Reg. 35520 (June 22, 201 0). 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 7 at I. !ERG acknowledges that these circumstances "reduce 

the potential impact of any interpretation of the current state rule that results in a more stringent 

conclusion than that which would be reached from the revoked federal rule." PC 6 at I 0. In 

light of these considerations, the Board submits to JCAR for second-notice review only nonsubstantive changes to Section 243.122 as proposed for first notice. As the Agency intends to 

address the recent federal revision of this standard ".in the near future," the Board anticipates a 

full substantive review at that time. 

Section 243.123: Carbon Monoxide 

In its first-notice opinion, the Board noted that the Agency's original proposal had not 

sought to amend the carbon monoxide standard in Section 243.123. Op.inion at 23. Although 

!ERG had sought to amend this language (see Kolaz Test. at I 0-11 ), the Board declined to 

submit !ERG's proposal to first-notice publication. Opinion at 23. The Board recognizes that 

!ERG has restated its position in favor of amending 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 of the proceeding, as the Board has not submitted t to first-notice 

publication in this proceeding. See 5 ILCS 1 00/5-40(b) (20 I 0) ("Each agency shall give at least 

45 days' notice of its intended action to the general public. This first notice period shall 

commence on the first day the notice appears in the Illinois Register."). In this regard, the 

Agency indicates that USEPA is considering a revision of this standard and that an Agency 

rulemaking proposal would 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 of this section to first-notice publication. Opinion at 23-24. 

Accordingly, the Board may not propose 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 

of its 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's first-notice comment notes that USEPA "has promulgated 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 "anticipates that at some point the Agency 

will propose adoption of the federal standard and this matter can be addressed at that 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 

7 at I. 

As the Agency intends to address the recent federal revision of this standard "in the near 

future," the Board anticipates a full substantive review of this standard at that time. Among 

other issues, the Board expects Agency to address whether to incorporate the gas phase 

chemiluminescence method for measurement of nitrogen dioxide concentrations in that 

proceeding. 

Section 243.125: 8-Hour Ozone 

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 at 45), which the Agency's second errata 

sheet effectively restates (PC 4 at 3-4). Specifically, !ERG states that it "supports the substantive 

elements of the 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 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 Board concludes to propose for second-notice review the language of its first-notice 

opinion and order, which is effectively restated by the Agency's second errata sheet. The Board 

also concludes that the language proposed in !ERG's first-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 federal 
21 

standard. Having reviewed the first-notice comments, the Board finds !ERG's position 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 a threeyear period." 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's proposed 

language makes this provision more clear and also reflects the federal standard more closely than 

the Agency's proposal. The Board reflects these conclusion and finding in its order below. 

CONCLUSION 

The Board below proposes to update air quality standards in Part 243 of its regulations 

and to adopt a technical 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 Clerk to submit the following proposed amendments to JCAR for 

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 by Reference 

SUBPART B: NEW FUEL COMBUSTION EMISSION SOURCES 

New Emission Sources (Repealed) 

SUBPART C: EXISTING FUEL COMBUSTION EMISSION UNITS 
Section 

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 

SUBPART D: 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: CEMENT AND LIME KILNS 

Applicability 

Exemptions 

Emissions Limitations 
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 

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 

SUBPART M: ELECTRICAL GENERATING UNITS 

Applicability 

Exemptions 

Emissions Limitations 

Combination of Fuels 

SUBPART 0: CHEMICAL MANUFACTURE 

Nitric Acid Manufacturing Processes 

SUBPART Q: STATIONARY RECIPROCATING 

INTERNAL COMBUSTION ENGINES AND TURBINES 

Applicability 

Control and Maintenance Requirements 

Emissions Averaging Plans 

Compliance 

Testing and Monitoring 

Recordkeeping and Reporting 

SUBPART T: CEMENT KILNS 

Applicability 

Control Requirements 

Testing 

Monitoring 

Reporting 

Recordkeeping 
Section 

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 TRADING PROGRAM FOR 

SPECIFIED NO, GENERATING UNITS 

Purpose 

Severability 

Applicability 

Compliance Requirements 

Permitting Requirements 

Subpart UNO, Trading Budget 

Methodology for Obtaining NOx Allocations 

Methodology for Determining NOx Allowances from the New Source Set-Aside 

NO, Allocations Procedure for Subpart U Budget Units 

New Source Set-Asides for "New" Budget Units 

Early Reduction Credits (ERCs) for Budget Units 

Low-Emitter Requirements 

Opt-In Units 

Opt-In Process 

Opt-In Budget Units: Withdrawal from NOx Trading Program 

Opt-In Units: Change in Regulatory Status 

Allowance Allocations to Opt-In Budget Units 

SUBPART V: ELECTRIC POWER GENERATION 

Lake of Egypt Power Plant 

Purpose 

Severability 

Applicability 

Emission Limitations 

NO, Averaging 

Monitoring 

Reporting and Recordkeeping 

Purpose 

SUBPART W: NOx TRADING PROGRAM FOR 

ELECTRICAL GENERATING UNITS 

Sunset Provisions 

Severability 

Applicability 

Compliance Requirements 

Permitting Requirements 

NOx Trading Budget 

Methodology for Calculating NOx Allocations for Budget Electrical Generating 
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 

25 

Units (EGUs) 

NO, Allocations for Budget EG Us 

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 Subpart X NO, Trading Budget 

Baseline Emissions Determination 

Calculation of Creditable 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 

Large Non-Electrical Generating Units 

Allowances for Electrical Generating Units 

Existing Reciprocating Internal Combustion Engines 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 of the 

Environmental Protection Act [4151LCS 5/9.9, 10,27 and 28]. 

SOURCE: Adopted as Chapter 2: Air Pollution, Rule 207: Nitrogen Oxides Emissions, R71-23, 

4 PCB 191, April 13, 1972, filed and effective April 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 December 26, 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. I 427 I, 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. I 3345, effective August 31, 2009; 

amended in RQ9 2QQ8 1909-20 at 33 111. Reg. 15754, effective November 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 Maintenance Requirements 

a) On and after the applicable compliance date in Section 217.392, an owner or 

operator of an affected unit must inspect and maintain affected units as required 

by subsection (a)(4) of this Section and comply with one of the following: the 

applicable emissions concentration as set forth in subsection (a)(l) of this Section, 

the requirements for an emissions averaging plan as specified in subsection (a)(2) 

of this Section, or the requirements for operation as a low usage unit as specified 

in subsection (a)(3) of this Section. 

I) Limits the discharge from an affected unit into the atmosphere of any 

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 2 on a dry basis) for sparkignited lean-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 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) of this Section: 
27 

A) For any affected unit identified by Section 217.386: The 

requirements of the applicable emissions averaging plan as set 

forth in Section 217.390; or 

B) For units identified in Section 217.386(a)~ The 

requirements of an emissions averaging plan adopted pursuant to 

any other Subpart of this Part. For such affected engines and 

turbines the applicable requirements of this 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) of this Section. 

Low usage units that are not part of an emissions averaging plan are not 

subject to the requirements of this Subpart Q except for the requirements 

to inspect and maintain the unit pursuant to subsection (a)(4) of this 

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 I 00 TPY NOx 

aggregated from all engines and turbines located at the source that 

are not otherwise exempt pursuant to Section 217.386(b), and not 

complying with the requirements of subsection (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 the requirements of subsection (a)(l) or (a)(2) 

of this 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 of subsections (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 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 of the applicable air pollution control 

equipment, monitoring device, and affected unit; or 

ii) lfthe original equipment manual is not available or 

substantial modifications have been made that require an 

alternative procedure for the applicable air pollution 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 of air pollution 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 

air pollution control device, monitoring device, and affected unit. 

b) Owners and operators of affected units may change the method of compliance 

with this Subpart, as follows: 

I) When changing the method of compliance from subsection (a)(3) of this 

Section to subsection (a)(l) or (a)(2) ofthis Section, the owner or operator 

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 by which compliance with subsection (a)(l) or (a)(2) 

of this Section is to begin. 

2) An owner or operator of an affected unit that is changing the method of 

compliance from subsection (a)(l) or (a)(2) of this Section to subsection 

(a)(3) of this Section must: 

A) Continue to operate the affected unit's control device, if that unit 

relied upon a NOx emissions control device for compliance with 

the requirements of subsection (a)(J) or (a)(2) of this Section; and 

B) Prior to changing the method of compliance 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. If the 

deadline for such testing or monitoring has not yet occurred (e.g., 

the five-year testing or monitoring sequence has not yet elapsed), 

the owner or operator must complete the test or monitoring prior to 
29 

changing the method of compliance to subsection (a)(3) of this 

Section. After changing the method of compliance to subsection 

(a)(3) of this Section, no additional testing or monitoring will be 

required for the affected unit while it is complying with subsection 

(a)(3) of this 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 CONTROL BOARD 

SUBCHAPTER c: EMISSION STANDARDS AND LIMITATIONS 

FOR STATIONARY SOURCES 

PART 223 

STANDARDS AND LIMITATIONS FOR ORGANIC 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: GENERAL PROVISIONS 

Severability 

Abbreviations and Acronyms 

Incorporations by Reference 

SUBPART B: CONSUMER AND COMMERCIAL PRODUCTS 

Purpose 

Applicability 

Definitions for Subpart B 

Standards 

Diluted Products 

Products Registered under FIFRA 

Requirements for Aerosol Adhesives 

Requirements for Floor Wax Strippers 

Products Containing Ozone-Depleting Compounds 

Requirements for Charcoal Lighter Material 

Exemptions 

Innovative Product Exemption 

Alternative Compliance Plans 

Product Dating 

Additional Product Dating Requirements 

Most Restrictive Limit 
30 

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 

Container Labeling Requirements 

Reporting Requirements 

Compliance Provisions and Test Methods 

Alternative Test Methods 

Methacrylate Traffic Coating Markings 

Test Methods 

AUTHORITY: Implementing Section 10 and authorized by Sections 27 and 28 of the 

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, or 223.245, no person 

shall sell, supply, offer for sale, or manufacture for sale in Illinois any consumer 

product manufactured on or after July I, 2009 that contains 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 

55 
31 

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) Air Fresheners 

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 or Polishing Compound 17 

9) Automotive Wax, Polish, Sealant, or Glaze 

A) Hard Paste Waxes 45 

B) Instant Detailers 3 

C) All Other Forms 15 
32 

1 0) Automotive Windshield Washer Fluids 35 

I 1) Bathroom and Tile Cleaners 

A) Aerosol 7 

B) All Other Forms 5 

12) Bug and Tar Remover 40 

13) Carburetor or Fuel-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) Dusting Aids 

A) Aerosol 25 

B) All Other Forms 7 

1 9) Engine Degreasers 

A) Aerosol 35 

B) Non-Aerosol 5 

20) Fabric Protectants 60 
33 

21) Floor Polishes I Waxes 

A) Products for Flexible Flooring Materials 7 

B) Products for Nonresilient Flooring 10 

C) Wood Floor Wax 90 

22) Floor Wax Strippers see Section 223 .209 

23) Furniture Maintenance Products 

A) Aerosol 17 

B) All Other Fonns Except Solid or Paste 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) Hair Mousses 6 

28) Hairshines 55 

29) Hairsprays 55 

30) Hair Styling Gels 6 

31) Heavy Duty Hand Cleaner or Soap 8 

32) Insecticides 
34 

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 Other Forms) 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 50 
35 

42) Rubber and 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-Solid Products) 

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 antiperspirant or deodorant that contains any compound 

listed below: 

Benzene 

Ethylene Dibromide 

Ethylene Dichloride 

Hexavalent Chromium 

Asbestos 

Cadmium (metallic cadmium and cadmium compounds) 

Carbon Tetrachloride 

Trich Joroethylene 

Chloroform 

Vinyl Chloride 
36 

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: 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 by Reference 

SUBPART B: STANDARDS AND MEASUREMENT METHODS 

PM10and_PM2 5PM 1\l 

Particulates (Repealed) 

Sulfur Oxides (Sulfur Dioxide) 

Carbon Monoxide 

Nitrogen Dioxide 
243.125 

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 of the 

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 at 7 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 of a term is 

clear from its context, the definitions of terms 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 L1

2, flaFs. J()()J et se~.) (Act). 

b) All terms thatwfliefl appear in this Part have the definitions specified by 35 Ill. 

Adm. Code Ptlft5-201 or 211 eftl!is Cl!eflleF. 

(Source: Amended at 35 Ill. Reg. __ _, effective_). 

Section 243.104 Nondegradation 

Existing ambient air quality wflieflthat is better than the establishedeJllaelisl!ed ambient air 

quality standards at the date of their 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 is justifiable as a result of necessary 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 of air quality, except PM,_5 and lead. are corrected to a reference temperature 

of25°C, and to a reference pressure of760 millimeters of mercury (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 or editions: 

a) Pararosaniline method, 40 CFR 50, appendixAflfleAEiiJl A (1982). 

b) Non-dispersive infrared spectrometry technique, 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 of particulate matter as PM10 in the 

atmosphere, 40 CFR 50, appendixAflfleAEiill J (1990), 

g) Interpretation of the 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 of particulate matter as PM,s in the 

atmosphere, 40 CFR 50, appendix L, 73 Fed. Reg. 61144 (October 17, 2006) . 

.i} Interpretation of the NAAQS for PM, 5, 40 CFR 50, appendix N, 73 Fed. Reg. 

1497 !January 9. 2008). 

j} Interpretation of the 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 of the 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 PM 10 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 of days 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, 

Ret te ee eJ;eeeeee mere thaA eAse 13er year. 

b) PM10_Measurement Method. For determining conformance with the PM10 PM Jij 

ambient air quality standards, PMlQPM W shall be measured by the method 

described in 40 CFR 50, appendixAJlJlBtulin J or an equivalent method designated 

pursuant to 40 CFR 53 (incorporated by reference in Section 243.1 08). The 

standards are attained when the expected number of days per calendar year with a 

24-hour average concentration above 150 micrograms per cubic 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 

standa1 ds aFs dsssFillsd in 40 CFR 50, appe.ndixAJlJlBn€1in K (incorporated by 

reference in Section 243.1 08) . 

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

are: 

D An annual arithmetic mean concentration of 15.0 micrograms per cubic 

meter; and as measured and determined in conformance with subsection 

191 

£) A maximum 24-hour concentration 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 the PMu 

ambient air quality standards. PM2 5 shall be measured by the method described in 

40 CFR 50, appendixApps1~din 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 proceduresThs ssmflHlatiBI18 
40 

Reeessar, ~r aRalvziH: eartie~late math~r €lata t® €htennine attaiRm€Htt €1fthe 

~ staR€1aF€Is are described in 40 CFR 50. appendixAt?tHHl€1ia N (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 or equal 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 or equal to 35 4g/m3

. 

(Source: Amended at 35 Ill. Reg. ___ ,, effective __ ...J 

Section 243.122 Sulfur Oxides (Sulfur Dioxide) 

a) Primary Standards. The primary ambient air quality standards for sulfur oxides 

measured as sulfur dioxide are: 

I) An annual arithmetic mean concentration of 80 micrograms per cubic 

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 sulfur dioxide is a maximum 3-hour concentration not to be exceeded 

more than once per year of 1,300 microgramsmieergutms per cubic meter (0.5 

ppm). 

c) Measurement Method. 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, appendixArm e¥t!linAjljl. A, (1982), or by an 

equivalent method of proof approved by the Agency. 

(Source: Amended at 35 Ill. Reg. ___ ,, effective___). 

Section 243.125 8-HourOzone 

a) Standard. The primary and secondary ambient air quality standardsstaAsaFEI for 

ozone are 0.075 ~ppm (parts per million) daily (235 mieregrams jleF etteie 

metef1 maximum 8-hour average I llettr concentration. measured and determined 

in accordance with subsection (b)Aet te ee elleeeeee ell mere tllall e!le say jler 

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 or an equivalent method 

designated in accordance with 40 CFR Part 53., (1982) Br eaMi\·alent oJHlths€1 as 

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 of the annual fourth-highest daily maximum 8-hour average 

ozone concentration is less than or equal 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. The primary and secondary ambient air quality standards for lead and 

its compounds measured 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) Measurement Method. 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 a referencehy 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€1 Q, as incorporated by 

reference in Section 243.108 of this Part. Compliance with th~ primary and 

secondary ambient air guality standards shall be determined in accordance with 

40 CFR 50, appendix R, incorporated by reference in Section 243.108 of this Part. 

(Source: Amended at 35 Ill. Reg. ___ ,, effective _j. 

IT IS SO ORDERED. 

I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that 

the Board adopted the above opinion and order on September 22, 201 I, by a vote of 5-0. 

John T. Therriault, Assistant Clerk 

Illinois Pollution Control Board 
( 

JOINT COMMITTEE ON ADMINISTRATIVE RULESIEPA 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 2 8 2011 

/ l,.;n=: ·JF ILUNOIS 

r>•!u• '' • C:ontrol Board 

The Office of the Joint Committee on Administrative Rules has accepted the Second Notice for 

the above-referenced rulemaking. The Second Notice period began on 9/26/11 and ends no later 

than 1119/ II, unless extended pursuant to Section 5-40 of the lAP A. 

This rulemaking is scheduled to be considered by JCAR at its I 0/11/11 meeting, in Room 600C, 

Bi1andic Building, Chicago, IL at II :00 a.m. Staff will be contacting you if they have questions 

concerning this rulemaking and will advise you of any change in time or location of the 

Committee meeting. 

Please contact us if you have any questions regarding the JCAR review procedure. 

VT:DC:nn 

cc: Tim Fox 

Adm. Code Div. 
, ' .- IEPA ATTACHMENT NO ;J_ {s)_ JOINT COMMITTEE ON ADMINISTRATIVE 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. Code 217) 

34 TIL Reg. 17513 -11/19/10 

SEN. PAMELA ALTHOFF 

SEN. DON HARMON 

SEN. JOHN 0. 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 8 2011 

ST/ITE OF IWNOIS Pollui'''~· Control Board 

The Office of the Joint Committee on Administrative Rules has accepted the Second Notice for 

the above-referenced rulemaking. The Second Notice period began ori'9/26/JFand ends no later 

than 11/9/11, unless extended pursuant to Section 5-40 of the lAP A. 

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. Staff will be contacting you if they have questions 

concerning this rulemaking and will advise you of any change in time or location of the 

Committee meeting. 

Please contact us if you have any questions regarding the JCAR review procedure. 

VT:DC:nn 

cc: Tim Fox 

Adm. Code Div. 
JOINT COMMITTEE ON ADMINISTRATIVE RULES 

ILLINOIS GENERAL ASSEMBLY 

IEPA ATTACHMENT 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 6060 I 

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 3fo1i 

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. I 0490- 7/8/11 

Standards for New Solid Waste Landfills (35 Ill. Adm. Code 811) 

35 Ill. Reg. I 0505 - 7/8/11 tz J O ~ 7- f-.1. 
If your 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 of this action. 

These rulemakings may now be adopted upon filing with the Office of the Secretary of State. 

Please note that the fact that the Committee has not objected to these rulemakings does not 

necessarily constitute approval, expressed or implied, of the substance of the rulemakings. 

Thank you for the cooperation your agency has shown during our review of these issues. 

Sincerely, 

Senator 

~F~r Maggie Crotty 

Co-Chairman 

SMC:RBH:DC:rm 

cc: Tim Fox 

En c. 
CO-CHAIR 

SEN. MAGGIE CROTTY 

CO-CHAIR: 

REP. ANGELO 'SKIP' SAVIANO 

EXECUTIVE DIRECTOR: 

VICKI THOMAS 

JOINT COMMITTEE ON ADMINISTRATIVE RULES 

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 

TO PROPOSED RULEMAKING 

,...~\ ''-'\J.'I. 'OQel "' ·of'.: ~o ~~ CP~ ro-<..~-s,o~ 

<;>0~..;;; 

This is to certify that the Joint Committee on Administrative Rules, at its I 0/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 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 rulernaking. 

October ll, 2011 

Attachments: None 

Vicki Thomas 

Executive Director 
CO-CHAIR: 

SEN. MAGGIE CROTTY 

CO-CHAIR: 

REP. ANGELO "SKIP" SAVIANO 

EXECUTIVE DIRECTOR: 

VICKI THOMAS 

.JOINT COMMITTEE ON ADMINISTRATIVE RULES 

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<v0 :<-.,_ ,4:, ~<3- ~c_, -<J o<:' 

CERTIFJCA TION OF NO OBJECTION 

TO PROPOSED RULEMAK!NG 

"-..(q;:. (I 

!<..~~0 eo.," qO 

This is to certifY that the Joint Committee on Administrative Rules, at its I 0/11/ll meeting, 

considered Standards and Limitations for Organic Material Emissions for Area Sources (35 IlL 

Adm. Code 223), proposed by the Pollution Control Board and published in the 11/19/10 issue 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, 20 II 

Executive Director 

Attachments: None 
CO·CHAIR: 

SEN. MAGGIE CROTIY 

CO-CHAIR: 

REP. ANGELO 'SKIP" SAVIANO 

EXECUTIVE DIRECTOR: 

VICKI THOMAS 

JOINT COMMITTEE ON ADMINISTRATIVE RULES 

ILLINOIS GENERAL ASSEMBLY 

700 STAAITON BUILDING 

SPRINGFIELD, ILLINOIS 62706 

21 1nss-2254 

JOINT COMMITTEE ON ADMINISTRATIVE RULES 

CERTIFICATION OF NO OBJECTION 

TO PROPOSED RULEMAKING 

SEN. PAMELA ALTHOFF 

SEN. DON HARMON 

SEN. JOHN 0. JONES 

SEN. DALE RIGHTER 

SEN. IRA SILVERSTEIN 

REP. GREGORY HARRIS 

REP. LOU LANG 

REP. DONALD MOFFin 

REP. ROSEMARY MULLIGAN 

REP. ANDRE THAPEDI 

This is to certify that the Joint Committee on Administrative Rules, at its I 0/11/11 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, if any, for modification of the 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, 20 II ~ 

//7 / (/)/} 

Vicki Thomas 

Executive Director 

Attachments: Agreements 
SECOND NOTICE CHANGES 

Agency: Pollution Control Board 

Rulemaking: Air Quality Standards (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 cubic meter" 

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 by reference in Section 243.1 08)". 

4. In lines 209 and 210, delete "Part". 

5. In line 209, after "53" add "(incorporated by reference in Section 243.1 08)". 

6. In line 210, after "53" add a period. 

7. In line 231, change the comma to an opening parenthesis and change "of this Part" to a 

closing parenthesis. 

8. In line 233, after "R" change the comma to an opening parenthesis. 

9. In line 234, change "of this Part" to a closing parenthesis. 

10113/11 
ILLINOIS 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 THE BOARD (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 this proceeding by filing a 

rulemaking proposal on December I, 2008. On November 4, 20 I 0, the Board issued its firstnotice opinion and order proposing amendments intended to update Part 243 of the 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, 201 0). On September 22, 

20 II, 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's proposal. 

In the opinion below, the Board first provides the procedural history of this rulemaking 

before summarizing its second-notice proposal. After discussing the issues of technical 

feasibility and economic reasonableness, the Board reaches its conclusion. The order following 

this opinion then directs the Clerk to file the adopted amendments with the Secretary of State for 

publication in the Illinois Register. 

PROCEDURAL HISTORY 

On December I, 2008, the Agency filed a proposal to amend the air quality standards at 

Part 243 of the Board's regulations (Prop.). See 35 Ill. Adm. Code 243. A Statement of Reasons 

(SR) and a Technical Support Document accompanied the proposal. In an order dated 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 I 0, 2009, in Chicago. The 

same order set a deadline of January 20, 2009, to pre-file testimony 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). 

In an order dated January 30,2009, the hearing officer granted the Agency's motion to 

reschedule the first hearing, rescheduled it on March I 0, 2009, in Chicago, and set a deadline of 

February 24, 2009, to pre-file testimony for it. 
2 

In an order dated February I 9, 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 of Mr. 

Robert Kaleel. Mr. Kaleel's testimony (Kaleel Test.) and a revised Technical Support Document 

(TSD) accompanied the motion. 

The first hearing took place on March I 0, 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 instanter the testimony of Mr. Kaleel. Tr.l at 4-5. Also during the first hearing, 

the hearing officer admitted one exhibit into the record of this proceeding: 40 C.F.R 50.2-

50.15 (Exh. 1). SeeTr.l at 15. 

In an order dated March I 0, 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 sheet to its proposal (Errata 1). On the 

same date, the Jllinois Environmental Regulatory Group (!ERG) pre-filed the testimony of Mr. 

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. During the second hearing, the hearing officer admitted three exhibits 

into the record: the cover page, page six, and pages 62-66 of the Agency's 2007 lllinois Annual 

Air Quality Report (Exh. 2); a "Summary of Pekin Sulfur Dioxide Data 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) of the Act (415 ILCS 5/27(b) (2010)) the Board requested 

in a letter dated December 19, 2008, that the Department of Commerce and Economic 

Opportunity (DCEO) determine whether it would conduct an economic impact study of the 

Agency's rulemaking proposal. 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 of a response to 

it. Tr.2 at 37. Although the hearing officer afforded those present an opportunity to testify 

regarding the request, no participant offered testimony. See id. at 37-38. 

In an order dated 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. 

On July 28, 2009, the Agency filed a "Motion to File Instanter a Request to Add an 

Amendment to Part 223 to the Current Rulemaking" (Mot. Add). 
3 

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 

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 this proceeding. !d. at 4-5. 

On December 28, 2010, the Agency filed a second errata sheet (PC 5 or Errata 2). 

On January 3, 2011, IERG filed first-notice comments (PC 6). On January 18, 2011, the 

Agency filed 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 of No Objection to the Board's 

proposal. 

SUMMARY OF SECOND-NOTICE PROPOSAL 

In its second-notice opinion and order, the Board summarized significant elements of the 

record in this proceeding, and it will not repeat those summaries today. See Air Quality 

Standards Clean-Up: Amendments to 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's first-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 brief section-by section-review of its 

second-notice opinion and order, which the Board today adopts with only a small number of 

technical changes by J CAR. 

Section 217.388 

In its first-notice opinion, the Board concurred with a public comment indicating that 

Section 217.388(a)(2)(B) includes an incorrect cross-reference. The Board agreed that the public 

comment proposed an appropriate correction and submitted that correction to publication. Firstnotice comments did not address the substance of this proposal. Accordingly, the Board's 

second-notice order submitted this proposed amendment of Section 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 sought to amend the name of the category "Adhesives-- Construction, Panel and Floor 

Contact" to correspond to the definition of the term "Adhesives --Construction, Panel and Floor 
4 

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 of this proposal. Accordingly, the Board's secondnotice order submitted this proposed amendment of Section 223.205 to JCAR review. 

Part 243 Subpart A: General Provisions 

Section 243.101: Definitions 

In its first-notice opinion, the Board in this section proposed only a single nonsubstantive change. JCAR proposed additional non-substantive changes. First-notice comments 

did not address any of these 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 Board proposed in this section only a single change 

correcting a typographical error, and JCAR proposed additional non-substantive changes. Firstnotice comments did not address any of these amendments. Accordingly, the Board's secondnotice order submitted the amended Section 243.104 to JCAR review. 

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 Register publication of the 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 could not propose changes to 

the section for the first time at second notice. See 5 ILCS I 00/5-40(b) (20 1 0) ("Each agency 

shall give at least 45 days notice of its 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 Agency must necessarily pursue those 

amendments in another proceeding. The Board noted that it had recently accepted for hearing in 

docket Rl2-8 an Agency proposal to amend other sections of the Board's air 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's proposal 

regarding measurements ofPM2.5. During the first-notice comment period, 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 by the 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 

of material: 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 (I 983). 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 of a reference method specified in 40 C.F .R. Part 50 

Appendix G, which sets forth sample collection requirements, instead of 40 C.F .R. 50 Appendix 

B. Accordingly, incorporation of Appendix 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 that the 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. 

Part 243 Subpart B: Standards and Measurement Methods 

Section 243.120: PM10 and PM,,5 

In its first-notice comments, JERG stated that it concurred with the language proposed by 

the Board in its first-notice opinion and order (Opinion at 43-44), which the Agency's second 

errata sheet effectively restated (PC 4 at 2-3). Specifically, !ERG stated that it "supports the 

substantive elements of the Agency's suggestions" with one exception. "[t]he phrase 'or an 

equivalent method designated in 40 CFR 53' should read 'or an equivalent method designated 

pursuant to 40 CFR 53' in subsection (b) after 'Appendix J' and in subsection (d) after 

'Appendix L. '" PC 6 at 4. 

The Board proposed for second-notice review the language of its first-notice opinion and 

order, which is effectively restated by the Agency's second errata sheet. The Board also 

concluded that the language proposed by !ERG's first-notice comment would clarify this 

provision, and the Board incorporated that language in its order. 

Section 243.122: Sulfur Oxides (Sulfur Dioxide) 

Through its testimony by Mr. 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. 

The Agency opposed adoption ofiERG's proposed amendments. See PC 3 at 5-6; PC 7 at I. In 

its first-notice opinion, the Board effectively submitted the Agency's proposal 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 I 0, 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 revisions to these standards in a separate 

rulemaking in the near future." PC 7 at I. !ERG acknowledged that these circumstances "reduce 

the potential impact of any interpretation of the current state rule that results in a more stringent 

conclusion than that which would be reached from the revoked federal rule." PC 6 at I 0. In 

light of these 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 of this standard "in the near future," the Board anticipated a full substantive 

review at that time. 

Section 243.123: Carbon Monoxide 

In its first-notice opinion, the Board noted that the Agency's original proposal had not 

sought to amend the carbon monoxide standard in Section 243.123. Opinion at 23. Although 

I ERG had sought to amend this language (see Kolaz Test. at 10-11), the Board declined to 

submit !ERG's proposal to first-notice publication. Opinion at 23. The Board recognized that 

IERG has restated its position in favor of amending 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 I 00/5-40(b) (201 0). In this regard, the Agency 

indicated that US EPA is considering a revision of this 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 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, IERG 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 of this section to first-notice publication. Opinion at 23-24. 

Accordingly, the Board may not propose changes to this section for the first time at second 

notice. See 5 JLCS I00/5-40(b) (2010). 

In addition, !ERG's first-notice comment noted that USEPA "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). IERG stated that it "anticipates that at some point the Agency 

will propose adoption of the federal standard and this matter can be addressed at that time." PC 

6 at II. The Agency noted 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 

7 at I. 

As the Agency intended to address the recent federal revision of this standard "in the near 

future," the Board anticipated a full substantive review of this standard at that time. Among 
7 

other issues, the Board expected the Agency to address in that proceeding whether to incorporate 

the gas phase chemiluminescence method for measurement of nitrogen 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 of the 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 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 Board proposed for second-notice review the language of its first-notice opinion and 

order, which was effectively restated by the Agency's second errata sheet. The Board also 

concluded that the language proposed in !ERG's first-notice comment would clarify this 

provision, and the Board incorporated that language for JCAR review. 

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 federal 

standard. Having reviewed the first-notice comments, the Board found IERG's position largely 

persuasive. In subsection (a), the Board concurred that the language should refer to air quality 

standards for lead and its compounds. However, the Board declined to amend the Agency's 

reference to a "maximum rolling three month average measured and determined over a threeyear period." The Board concluded that this language was sufficiently clear and was consistent 

with 40 C.F.R. 50 Appendix R. In subsection (b), the Board concluded that !ERG's proposed 

language made this provision more clear and also reflected the federal standard more closely 

than the Agency's proposal. The Board reflected these conclusion and finding in its secondnotice opinion and order. 

TECHNICAL FEASIBILITY AND 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 

of the Agency's rulemaking proposal. See 415 ILCS 5/27(b) (2010). 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 of a response to it. Tr.2 at 37. Although the hearing officer afforded 

those present an opportunity to testify regarding the request, no participant offered testimony 

regarding that issue. See id. at 37-38. 

At first notice, the Board noted that the Agency's Statement of Reasons addressed the 

issues of technical feasibility and economic reasonableness with a statement providing in its 

entirety that 
8 

[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 of technical 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 US EPA 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 identifying potentially affected sources and projecting economic and 

environmental impacts. Accordingly, the Board concurred with the Agency that 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 

economically reasonable. Jd. In the absence of any persuasive argument to the contrary, the 

Board concludes that the adopted amendments below are both technically feasible and 

economically reasonable. 

CONCLUSION 

The Board adopts amendments to air quality standards in Part 243 of its air pollution 

regulations and also adopts technical corrections in Sections 2I 7.388 and Part 223.205. 

Substantively, the Board adopts its second-notice proposal with a small number of technical 

changes by JCAR. 

ORDER 

The Board directs the Clerk to file the following adopted rules with the Secretary of State 

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: 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 
217.102 

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 Major Metropolitan Areas 

SUBPART D: NOx 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 of Fuels 

Methods and Procedures for Combustion Tuning 

SUBPART F: PROCESS HEATERS 

Applicability 

Exemptions 

Emissions Limitations 

Combination of Fuels 

Methods and Procedures for Combustion Tuning 

SUBPART G: GLASS MELTING FURNANCES 
217.200 

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 

SUBPART H: CEMENT AND LIME KILNS 

Applicability 

Exemptions 

Emissions Limitations 

SUBPART 1: IRON AND STEEL AND ALUMINUM MANUFACTURING 

Applicability 

Exemptions 

Emissions Limitations 

SUBPART K: PROCESS EMISSION SOURCES 

Industrial Processes 

SUBPART M: ELECTRICAL GENERATING UNITS 

Applicability 

Exemptions 

Emissions Limitations 

Combination of Fuels 

SUBPART 0: CHEMICAL MANUFACTURE 

Nitric Acid Manufacturing Processes 

SUBPARTQ: STATIONARY RECIPROCATING 

INTERNAL COMBUSTION ENGINES AND TURBINES 

Applicability 

Control and Maintenance Requirements 

Emissions Averaging Plans 

Compliance 

Testing and Monitoring 

Recordkeeping and Reporting 
Section 

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 Obtaining NO, 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" Budget Units 

Early Reduction Credits (ERCs) for Budget Units 

Low-Emitter Requirements 

Opt-In Units 

Opt-In Process 

Opt-In Budget Units: Withdrawal from NO, Trading Program 

Opt-In Units: Change in Regulatory Status 

Allowance Allocations to Opt-In Budget Units 

SUBPART V: ELECTRIC POWER GENERATION 

Lake of Egypt Power Plant 

Purpose 

Severability 

Applicability 

Emission Limitations 

NO, Averaging 

Monitoring 

Reporting and Record keeping 

SUBPART W: NO, TRADING PROGRAM FOR 
Section 

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 

Sunset Provisions 

Severability 

Applicability 

Compliance Requirements 

Permitting Requirements 

NOx Trading Budget 

Methodology for Calculating NOx Allocations for Budget Electrical Generating 

Units (EGUs) 

NOx 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 NOx Trading Program 

Opt-In Units: Change in Regulatory Status 

Allowance Allocations to Budget Opt-In Units 

SUBPART X: VOLUNTARYNOx EMISSIONS REDUCTION PROGRAM 

Purpose 

Emission Unit Eligibility 

Participation Requirements 

NOx Emission Reductions and the Subpart X NOx Trading Budget 

Baseline Emissions Determination 

Calculation of Creditable NOx Emission Reductions 

Limitations on NOx Emission Reductions 

NOx Emission Reduction Proposal 

Agency Action 

Emissions Determination Methods 

Emissions Monitoring 

Reporting 

Record keeping 

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 

Large Non-Electrical Generating Units 

Allowances for Electrical Generating Units 
13 

Section 217 .APPENDIX G Existing Reciprocating Internal Combustion Engines Affected by 

the NO, 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 of the 

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, 

4 PCB I 91, April 13, I 972, filed and effective April I 4, 1972; amended at 2 III. Reg. 17, p. 101, 

effective April 13, I 978; 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, effective April 17, 200 I; amended in R07-

18 at 31 III. Reg. I 4271, effective September 25, 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, effective November 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 September 27, 2011; 

amended in R09-19 at 35 III. Reg. __ , effective __ . 

SUBPARTQ: STATIONARYRECIPROCAT1NG 

INTERNAL COMBUSTION ENGINES AND TURBINES 

Section 217.388 Control and Maintenance Requirements 

a) On and after the applicable compliance date in Section 217.392, an owner or 

operator of an affected unit must inspect and maintain affected units as required 

by subsection (a)(4) of this Section and comply with one ofthe following: the 

applicable emissions concentration as set forth in subsection (a)( I) of this Section, 

the requirements for an emissions averaging plan as specified in subsection (a)(2) 

of this Section, or the requirements for operation as a low usage unit as specified 

in subsection (a)(3) of this Section. 

I) Limits the discharge from an affected unit into the atmosphere of any 

gases that contain NO, to no more than: 

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 in Appendix 

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) of this Section: 

A) For any affected unit identified by Section 217.386: The 

requirements of the applicable emissions averaging plan as set 

forth in Section 217.390; or 

B) For units identified in Section 217.386(a)~ The 

requirements of an emissions averaging plan adopted pursuant to 

any other Subpart of this Part. For such affected engines and 

turbines the applicable requirements of this 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) of this Section. 

Low usage units that are not part of an emissions averaging plan are not 

subject to the requirements of this Subpart Q except for the requirements 

to inspect and maintain the unit pursuant to subsection (a)(4) of this 

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 I 00 TPY NOx 

aggregated from all engines and turbines located at the source that 

are not otherwise exempt pursuant to Section 217.3 86(b ), and not 

complying with the requirements of subsection (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 source that are not exempt pursuant to Section 217 .386(b ), and 

not complying with the requirements of subsection (a)(l) or (a)(2) 

of this 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 
15 

this Section. The operation limits of subsections (a)(3)(B)(i) and 

(a)(3)(B)(ii) of this 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 performs periodic 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 of the applicable air pollution control 

equipment, monitoring device, and affected unit; or 

ii) If the original equipment manual is not available or 

substantial modifications have been made that require an 

alternative procedure for the applicable air pollution 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 of air pollution 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 

air pollution control device, monitoring device, and affected unit. 

b) Owners and operators of affected units may change the method of compliance 

with this Subpart, as follows: 

I) When changing the method of compliance from subsection (a)(3) of this 

Section to subsection (a)(J) or (a)(2) of this Section, the owner or operator 

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 by which compliance with subsection (a)(!) or (a)(2) 

of this Section is to begin. 
16 

2) An owner or operator of an affected unit that is changing the method of 

compliance from subsection (a)(l) or (a)(2) of this Section to subsection 

(a)(3) of this Section must: 

A) Continue to operate the affected unit's control device, if that unit 

relied upon a NOx emissions control device for compliance with 

the requirements of subsection (a)(l) or (a)(2) of this Section; and 

B) Prior to changing the method of compliance 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. If the 

deadline for such testing or monitoring has not yet occurred (e.g., 

the five-year testing or monitoring sequence has not yet elapsed), 

the owner or operator must complete the test or monitoring prior to 

changing the method of compliance to subsection (a)(3) of this 

Section. After changing the method of compliance to subsection 

(a)(3) of this Section, no additional testing or monitoring will be 

required for the affected unit while it is complying with subsection 

(a)(3) of this Section, except as provided for in Section 217.394(f). 

(Source: Amended at 35 Ill. Reg. ___ , effective __j 

TITLE 35: ENVIRONMENTAL PROTECTION 

SUBTITLE B: AIR POLLUTION 

CHAPTER I: POLLUTION CONTROL BOARD 

SUBCHAPTER c: EMISSION STANDARDS AND LIMITATIONS 

FOR STATIONARY SOURCES 

PART 223 

STANDARDS AND LIMITATIONS FOR ORGANIC MATERIAL EMISSIONS FOR AREA 

SOURCES 

Section 

223.100 

223.105 

223.120 

Section 

223.200 

223.201 

SUBPART A: GENERAL PROVISIONS 

Severability 

Abbreviations and Acronyms 

Incorporations by Reference 

SUBPART B: CONSUMER AND COMMERCIAL PRODUCTS 

Purpose 

Applicability 
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 

223.275 

223.280 

223.285 

Definitions for Subpart B 

Standards 

Diluted Products 

17 

Products Registered under FIFRA 

Requirements for Aerosol Adhesives 

Requirements for Floor Wax Strippers 

Products Containing Ozone-Depleting Compounds 

Requirements for Charcoal Lighter Material 

Exemptions 

Innovative Product Exemption 

Alternative Compliance Plans 

Product Dating 

Additional Product Dating Requirements 

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 Consumer Products that Contain 

Perchloroethylene or Methylene 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 I 0 and authorized by Sections 27 and 28 of the 

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: CONSUMER AND COMMERCIAL PRODUCTS 

Section 223.205 Standards 
18 

a) Except as provided in Section 223.207, 223.230, 223.240, or 223.245, no person 

shall sell, supply, offer for sale, or manufacture 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) Air Fresheners 

A) 

B) 

C) 

D) 

Single-Phase Aerosol 

Double Phase Aerosol 

Liquids f Pump Sprays 

Solids f Gel 

6) Antiperspirants 

A) Aerosol 

65 

55 

70 

65 

60 

15 

10 

15 

30 

25 

18 

3 

40HVOM 

10 HVOM 
7) 

8) 

19 

B) Non-Aerosol 

Automotive Brake Cleaners 

Automotive Rubbing or Polishing Compound 

9) Automotive Wax, Polish, Sealant, or Glaze 

A) 

B) 

C) 

Hard Paste Waxes 

Instant Detailers 

All Other Forms 

10) Automotive Windshield Washer Fluids 

II) Bathroom and Tile Cleaners 

A) 

B) 

Aerosol 

All Other Forms 

OMVOM 

OMVOM 

45 

17 

45 

3 

15 

35 

7 

5 

12) Bug and Tar Remover 40 

13) Carburetor or Fuel-Injection Air Intake Cleaners 45 

14) Carpet and Upholstery Cleaners 

A) 

B) 

C) 

Aerosol 

Non-Aerosol (Dilutables) 

Non-Aerosol (Ready-to-Use) 

15) Charcoal Lighter Material 

16) Cooking Spray- Aerosol 

I 7) Deodorants 

A) Aerosol 

B) Non-Aerosol 

7 

0.1 

3.0 

see Section 223.220 

0 

10 

0 

18 

HVOM 

HVOM 

MVOM 
18) 

19) 

20) 

21) 

20 

Dusting Aids 

A) Aerosol 

B) All Other Forms 

Engine Degreasers 

A) Aerosol 

B) Non-Aerosol 

Fabric Protectants 

Floor Polishes I Waxes 

A) 

B) 

C) 

Products for Flexible Flooring Materials 

Products for Nonresilient Flooring 

Wood Floor Wax 

22) Floor Wax 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) Hair Mousses 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 Other Forms) 35 

F) Foggers 45 

G) Lawn and Garden (Aerosol) 20 

H) Lawn and Garden (All Other Forms) 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) Rubber and 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-Solid Products) 

46) Spot Removers 

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, or manufacture for sale in Illinois, on 

or after July I, 2009, any antiperspirant or deodorant that contains any compound 

listed below: 

Benzene 

Ethylene Dibromide 
23 

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 

CHAPTER I: POLLUTION CONTROL BOARD 

SUBCHAPTER 1: AIR QUALITY STANDARDS AND EPISODES 

PART 243 

AIR QUALITY STANDARDS 

SUBPART A: GENERAL PROVISIONS 

Definitions 
243.102 

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-Hour Ozone 

Lead 

243.APPENDIX A 

243.APPENDIX B 

243.APPENDIX C 

Rule into Section Table 

Section into Rule Table 

Past Compliance Dates 

AUTHORITY: Implementing Section 10 and authorized by Section 27 and 28 of the 

Environmental Protection Act [415 ILCS 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-ll, 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 at 7 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 flereiRafter stated in this Part and unless a different meaning of a term is 

clear from its context, the definitions of terms used 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 terms thatwffiffi appear in this Part have the 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 better than the established ambient air quality standards 

at the date of their 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 is justifiable as a result of necessary 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 of air quality, except PM2.s and lead, are corrected to a reference temperature 

of25°C, and to a reference pressure of760 millimeters of mercury (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 of particulate matter as PM10PM IG in 

the atmosphere, 40 CFR 50, appendixAppenEiilt J (I 990t 

g) Interpretation of the National Ambient Air Quality Standards (NAAQS)natienal 

ameient air 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 of particulate matter as PM2 5 in the 

atmosphere, 40 CFR 50. appendix L. 73 Fed. Reg. 61144 (October 17, 2006). 

j} Interpretation of the NAAQS for PM, 5, 40 CFR 50, appendix N. 73 Fed. Reg. 

1497 (January 9, 2008) . 

.il Interpretation of the NAAQS for 0 3.40 CFR 50, appendix P, 73 Fed. Reg. 16436 

(March 27, 2008). 

k} The NAAQS for Lead; Final Rule. 40 CFR 50. 51, 53, and 58, 73 Fed. Reg. 

66964 (November 12. 2008). 

l} Interpretation of the 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 MEASUREMENT METHODS 

Section 243.120 PM10 and PM,,sPM: 10 

a) Standards. The primary and secondary ambient air quality standards for PM10 

PMW are a maximum 24-hour average concentration of 150 ug/m3 The 

standards are attained when the expected number of days 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, 

net te lle eJ<eeeEieEI FHere than enee Jler year. 

b) Measurement Method. For determining conformance with the PM 10 PM I Q 

ambient air quality standards, PM 10PM I Q shall be measured by the method 

described in 40 CFR 50, appendix,\JlJl@ntiin J or an equivalent method designated 

pursuant to 40 CFR 53 (incorporated by reference in Section 243.108). ~ 

standards are attained when the expected number of days per calendar year with a 

24 hour average concentration above 150 ug/m3 is 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 243.1 08). · 

fl Standards. The primary and secondary ambient air quality 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-hour concentration of 35 11g/m3

• at the 98th percentile 

value, and as measured and determined in conformance with subsection 

@1 

d) Measurement Method for PM,5 . For determining conformance with the PMu 

ambient air quality 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 243.1 08). 

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 less than or equal to 15.0 ug/m3

. 

6J The 24-hour primary 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 or equal 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 sulfur oxides 

measured as sulfur dioxide are: 

I) 

2) 

An annual arithmetic mean concentration of 80 ~miersgrams :13er 

eullie meter (0.03 ppm); and3 

A maximum 24-hour concentration, not to be exceeded more than once 

per year, of 365 ~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-hour concentration not to be exceeded 

more than once per year of 1,300 ~miesrgrams :13er eullie meter (0.5 ppm). 

c) Measurement Method. 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 by 
28 

reference in Section 243.1 08), ~).or by an equivalent method of proof 

approved by the Agency. 

(Source: Amended at 35 Ill. Reg. ___ , effective___). 

Section 243.125 8-HourOzone 

a) Standard. The primary and secondary ambient air quality 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) Measurement Method. Ozonefer determining eeAfeFHlanee with the 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 CFR 53 (incorporated by reference in Section 

243 1 08) or an equivalent method designated in accordance with 40 CFR 53. The 

orimary and secondary ambient air guality standards are met when the average of 

the annual fourth-highest daily maximum 8-hour average ozone concentration is 

less than or egual 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. The primary and secondary ambient air quality standards for lead and 

its compounds measured as elemental leadaAd its eemJlel!nds are 1.5 are 0.15 

~miemgrams per e11eie meter, maximum rolling three month average 

measured and determined over a three-year periodarithmetie mean a¥erage ever a 

ealendar Eji!Brter. 

b) Measurement Method. 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 reference By 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. or by an equivalent method designated 

in accordance with 40 CPR 53 (incorporated by reference in Section 243.108). 

Compliance with the primary and secondary ambient air gualitv standards shall be 

determined in accordance with 40 CFR 50. appendix R (incorporated by reference 

in Section 243.1 08).AJ3Jl. G (1982). 

(Source: Amended at 35 Ill. Reg. ___ , effective___). 
29 

IT IS SO ORDERED. 

I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that 

the Board adopted the above opinion and order on October 20, 20 I I, by a vote of 5-0. 

John T. Therriault, Assistant Clerk 

Illinois Pollution Control Board 
!EPA ATTACHMENT NO ;2..q 

OFFICE OF THE SECRETARY OF STATE 

JESSE WHITE • Secretary of State 

November 4, 2011 

POLLUTION CONTROL BOARD 

JOHN THERRIAULT ASSISTANT CLERK 

I 00 W RANDOLPH ST, STE 11-500 

CHICAGO, IL 60601 

Dear JOHN THERRIAULT ASSISTANT CLERK 

~I(!CA!ovreo CU:AK•s OFFICE 

NO~ I 0 2011 

STATE OF IWN 

Pollution Control ~ 

Your mles Listed below met our codification standards and have been published in Volume 35, 

Issue 46 of the Illinois Register, dated 11114/201 I. 

ADOPTED RULES 

Nitrogen Oxides Emissions 

35 IlL Adm. Code 217 

Point of Contact: Nancy Miller 

Organic Material Emission Standards and Limitations for the Chicago Area 

35 IlL Adm. Code 218 

Point of Contact: Nancy Miller 

Organic Material Emission Standards and Limitations for tl1e Metro East Area 

35 liL Adrn. Code 2 I 9 

Point of Contact: Nancy Miller 

Standards and Limitations for 01·ganic Material Emissions for Area Sources 

35 Ill. Adm. Code 223 

Point of Contact: Nancy Miller 

Air Quality Standards 

35 IlL Adm. Code 243 

Point of Contact: Nancy Miller 

Solid Waste 

35 Ill. Adm. Code 807 

Point of Contact: 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 of State 

Point of Contact: Nancy Miller 

PROPOSED RULES 

Proceedings Pursuant to Specific Rules or Statutory Provisions 

35 Ill. Adm. Code 106 

Point of Contact: Nancy Miller 

Groundwater Quality 

35 lll. Adm. Code 620 

Point of Contact: Nancy Miller 

18492 

18502 

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

(217) 782-7017. 

K I L-)) 

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

2) 

3) 

4) 

5) 

6) 

7) 

8) 

ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENT 

Heading of the 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 0 2011 

STATEo · Pollution ~:fLJNOIS · '

01 Board 

Statutory Authority: Implementing Section 10 and authorized by Sections 27 and 28 of 

the Environmental Protection Act [415 ILCS 5/10,27, and 28]. 

Effective Date of Amendment: OCT 2 5 Z011 

Does this rulemak.ing contain an automatic repeal date? No. 

Do these amendments contain incornorations by reference? No. 

The adopted amendment is 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 of Proposal Published in Dlinois Register: 

Nov. 19,2010,34 Ill. Reg. 17525 

10) Has JCAR issued a Statement of Objections to this amendment? No. 

11) Differences between proposal and final 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 amendment cun·ently in effect? No. 

14) Is there any amendment pending on this Part? No. 

15) Summary and Purnose of Amendments: 

RECEIVED 

ocr .2 5 2011 

SOS-CODE DlV. 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENT 

For a more detailed description of this rulemaking, see the Board's October 20. 2011, 

opinion and order Air 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 Part 243 of the Board's air regulation to reflect revised 

National Ambient Air Quality Standards (NAAQS) adopted by the United States 

Environmental Protection Agency. The record in this proceeding revealed a error in a 

single cross reference in Section 217.388(a)(2)(B), and the Board sough to correct the 

error in this open rulemaking docket. 

16) Information and questions regarding these adopted amendments shall be directed to: 

Timothy Fox 

Illinois Pollution Control Board 

100 W. Randolph 11-500 

Chicago, lL 60601 

312-814-6085 

Copies of the Board's opinions and orders may be requested from the Clerk of the Board 

at the address listed in #8 above or by calling 312/814-3620. Please refer to the Docket 

number R09-19 in your request. The Board order is also available from the Board's 

Web site (www.ipcb.state.il.us). 

The full text of the Adopted Amendment begins 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 CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENT 

TITLE 35: ENVIRONMENTAL PROTECTION 

SUBTITLE B: AIR POLLUTION 

CHAPTER I: POLLUTION CONTROL BOARD 

SUBCHAPTERc: EMISSION STANDARDS AND LIMITATIONS 

FOR STATIONARY SOURCES 

PART223 

STANDARDS AND LIMITATIONS FOR ORGANIC 

MATERIAL EMISSIONS FOR AREA SOURCES 

SUBPART A: GENERAL PROVISIONS 

Severability 

Abbreviations and Acronyms 

Incorporations by Reference 

SUBPART B: CONSUMER AND COMMERCIAL PRODUCTS 

Purpose 

Applicability 

Definitions for Subpart B 

Standards 

Diluted Products 

Products Registered under FIFRA 

Requirements for Aerosol Adhesives 

Requirements for Floor Wax Strippers 

Products Containing Ozone-Depleting Compounds 

Requirements for Charcoal Lighter Material 

Exemptions 

Innovative Product Exemption 

Alternative Compliance Plans 

Product Dating 

Additional Product Dating Requirements 

Most Restrictive Limit 

Additional Labeling Requirements for Aerosol Adhesives, Adhesive Removers, 

Electronic Cleaners, Electrical Cleaners, Energized Electrical Cleaners, and 

Contact Adhesives 

Reporting Requirements 
223.275 

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 

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 10 and authorized by Sections 27 and 28 of the 

Envirorunental Protection Act [415 ILCS 5110, 27 and 28]. 

SOURCE: Adopted in R08-17 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, or 223.245, no person 

shall sell, supply, offer for sale, or manufacture for sale in Illinois any consumer 

product manufactured on or after July 1, 2009 that contains VOMs in excess of 

the limits specified in this subsection: 

Affected Product % VOM by Weight 

I) Adhesives - Spray 

A) Mist Spray 65 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENT 

B) Web Spray 55 

C) Special Purpose Spray Adhesives 

i) Mounting, Automotive Engine 70 

Compartment, and Flexible Vinyl 

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) Air Fresheners 

A) Single Phase Aerosol 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) Automotive Brake Cleaners 45 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENT 

8) Automotive Rubbing or Polishing Compound 17 

9) Automotive Wax, Polish, Sealant, or Glaze 

A) Hard Paste Waxes 45 

B) Instant Detailers 3 

C) All Other Forms 15 

10) Automotive Windshield Washer Fluids 35 

11) Bathroom and Tile Cleaners 

A) Aerosol 7 

B) All Other Farms 5 

12) Bug and Tar Remover 40 

13) Carburetor or Fuel-Jniection 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 OHVOM 

IOHVOM 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENT 

B) Non-Aerosol 

18) Dusting Aids 

A) Aerosol 

B) All Other Forms 

19) Engine Degreasers 

A) Aerosol 

B) Non-Aerosol 

20) Fabric Protectants 

21) Floor Polishes/Waxes 

A) Products for Flexible Flooring Materials 

B) Products for Nonresilient Flooring 

C) Wood Floor Wax 

22) Floor Wax Strippers 

23) Furniture Maintenance Products 

A) Aerosol 

B) All Other Forms Except Solid or Paste 

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 

Hair Mousses 

Hairshines 

Hairsprays 

Hair Styling Gels 

Heavy Duty Hand Cleaner or Soap 

Insecticides 

A) Crawling Bug (Aerosol) 

B) Crawling Bug (All Other Forms) 

C) Flea and Tick 

D) Flying Bug (Aerosol) 

E) Flying Bug (All Other Forms) 

F) Foggers 

G) Lawn and Garden (Aerosol) 

50 

4 

12 

4 

6 

55 

55 

6 

8 

15 

20 

25 

25 

35 

45 

20 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENT 

H) Lawn and Garden (All Other Forms) 3 

I) Wasp and Hornet 40 

33) Laundry Prewash 

A) Aerosols/Solids 22 

B) All Other F orrns 5 

34) Laundry Starch Products 5 

35) Metal Polishes/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/Pump Sprays 8 

B) Liquids 5 

40) Paint Removers or Strippers 50 

41) Penetrants 50 

42) Rubber and Vinyl Protectants 

A) Aerosol 10 

B) Non-Aerosol 3 

43) Sealants and Caulking Compounds 4 
ILLINOIS 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 

4 7) Tire Sealants and Inflators 

48) Undercoatings- Aerosols 

5 

60 

23 

8 

20 

40 

b) No person shall sell, supply, offer for sale, or manufacture for sale in Illinois, on 

or after July I, 2009, any antiperspirant or deodorant that contains any compound 

listed below: 

Benzene 

Ethylene Dibromide 

Ethylene Dichloride 

Hexavalent Chromium 

Asbestos 

Cadmium (metallic cadmium and cadmium compounds) 

Carbon Tetrachloride 

Trichloroethylene 

Chloroform 

Vinyl Chloride 

Inorganic Arsenic 
ILLINOIS 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 the 2,3, 7 and 8 positions and 

containing 4,5,6 or 7 chlorine atoms 

(Source: Amended at 35 Ill. Reg. ___ , effective ____ _; 
r>} \ ~ . . ,_.-·' I .-· 

ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENT 

1) Heading of the 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~ 1 0 2011 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 of Amendments :OCT 2 5 2011 

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

7) Do these amendments contain incorporations by reference? Yes: 

Lead, 40 CFR 50, Appendix G (2008). 

Reference method for the determination of particulate matter as PM2.s in the atmosphere, 

40 CFR 50, Appendix L, 73 Fed. Reg. 61144 (Oct. 17, 2006). 

Interpretation of the NAAQS for PM2.5, 40 CFR 50, Appendix N, 73 Fed. Reg. 1497 

(Jan. 9, 2008). 

Interpretation of the NAAQS for 0 3, 40 CFR 50, Appendix P, 73 Fed. Reg. 16436 (Mar. 

27, 2008). 

The NAAQS for Lead: Final Rule, 40 CFR 50, 51, 53, and 58, 73 Fed. Reg. 66964 

(Nov. 12, 2008). 

Interpretation of the NAAQS for Lead, 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 OF ADOPTED AMENDMENT 

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 of Proposal Published in lllinois Register: 

Nov. 19, 2010, 34 Ill. Reg. 17537 

10) Has JCAR issued a Statement of Objections to these amendments? No. 

11) Differences between proposal and final version: 

a) In Section 243.106, the Board had proposed a single non-substantive change, 

which inexplicably did not appear in Illinois Register publication of the proposal. 

Accordingly, the Board did not submit Section 243.106 to second-notice review 

by JCAR. 

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 of 40 C.F.R. 

SO, appendix Q. 

d) In Section 243.120, the Board added language regarding methods measuring 

compliance with and attainment of particulate matter standards. 

e) In Section 243.122, the Board corrected a misspelling in the sulfur oxides 

standard. 

f) In Section 243.125, the Board added language regarding measuring compliance 

with and attainment of ozone standards. 

g) In Section 243.126, the Board has added language clarifying the lead standard, 

measurement methods, and determining compliance. 

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 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 of Amendments: 

For a more detailed description of this rulemaking, see the Board's October 20, 2011, 

opinion and order Air Quality Standards Clean-Up: Amendments to 35 Ill. Adm. Code 

217.223,243 (R09-19). 

The Illinois Environmental Protection Agency originated this rulemak.ing to revise 

Illinois' air quality standards for ozone, particulate matter, and lead to reflect the 

adoption of new federal air quality standards by the United States Environmental 

Protection Agency. 

16) Information and guestions regarding these adopted amendments shall be directed to: 

Timothy Fox 

illinois Pollution Control Board 

100 W. Randolph 11-500 

Chicago, IL 60601 

312-814-6085 

Copies of the Board's opinions and orders may be requested from the Clerk of the Board 

at the address listed in #8 above or by calling 312/814-3620. Please refer to the Docket 

number R09-19 in your request. The Board order is also available from the Board's 

Web site (www.ipcb.state.il.us). 

The full text of the Adopted Amendment 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 by Reference 

SUBPART B: STANDARDS AND MEASUREMENT METHODS 

PM10andPMuPM Hl 

Particulates (Repealed) 

Sulfur Oxides (Sulfur Dioxide) 

Carbon Monoxide 

Nitrogen Dioxide 

8-Hour Ozone 

Lead 

243.APPENDIX A Rule into Section Table 

243.APPENDIX B Section into Rule Table 

243.APPENDIX C Past Compliance Dates 

AUTHORITY: Implementing Section 10 and authorized by Section 27 and 28 of the 

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 7 Ill. 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 in R09-19 at 35 Ill. Reg. , effective __ 

SUBPART A: GENERAL PROVISIONS 

Section 243.101 Definitions 

a) Except as fiereiHafler stated in this Part and unless a different meaning of a term is 

clear from its context, the definitions of terms used in this Part shall be the same 

as those used in the Environmental Protection Act [ 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 Non degradation 

Existing ambient air quality thatwfliefl is better than the established ambient air quality standards 

at the date of their 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 thesttefi change is justifiable as a result of necessary 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 of air quality, except PM,5 and lead. are corrected to a reference temperature 

of25°C, and to a reference pressure of760 millimeters of mercury (1013.2 millibars). PM, 5 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: 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENT 

a) Pararosaniline method, 40 CFR 50, appendixAjlJleatlilt A (1982). 

b) Non-dispersive infrared spectrometry technique, 40 CFR 50, appendixAJljleHaix 

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, 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. 4 4163, £ejltemeer 3, 1981. 

f) Reference method for the determination of particulate matter as ~ in 

the atmosphere, 40 CFR 50, appendixAjlJleHclil< J ( 1990t 

g) Interpretation of the National Ambient Air Quality Standards CNAAQS)HatisHal 

ameieHI air Ejllality stanclarcls for particulate matter, 40 CFR 50, 

appendixAjljleHail< K, 73 Fed. Reg. 61144 (October 17. 2006) ~· 

hl Reference method for the determination of particulate matter as PMz s in the 

atmosphere, 40 CFR 50. appendix L. 73 Fed. Reg. 61144 (October 17, 2006). 

il Intemretation of the NAAOS for PM2 s, 40 CFR 50, appendix N, 73 Fed. Reg. 

1497 (January 9, 2008). 

j} Interpretation of the NAAQS for 0 1, 40 CFR 50. appendix P. 73 Fed. Reg. 16436 

(March 27. 2008). 

k.l The NAAQS for Lead: Final Rule. 40 CFR 50. 51. 53, and 58, 73 Fed. Reg. 

66964 (November 12. 2008). 

ll lntemretation of the NAAOS 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 MEASUREMENT METHODS 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENT 

Section 243.120 PM10 and PM,.5PM HI 

a) Standards. The primary and secondary ambient air quality standards for PM10 

PM!.{) are a maximum 24-hour average concentration of I 50 ug/m3

• The 

standards are attained when the expected number of days 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).~ 

B Aa ammal aritl!metie meaa esaeeatratisa sf 51} mieregraras !ler elleie 

meter; aae 

A maJfimllm 24 hellr eeaeeatratiea sf !51} mieregrams !3€£ elleie meter, 

set te ee eJreeeeee mere than eaee Jler year. 

b) Measurement Method. For determining conformance with the PMJ.Q.PM IG 

ambient air quality standards, PM 1 oPM I Q shall be measured by the method 

described in 40 CFR 50, apoendixA!l!leBeilt J or an equivalent method designated 

pursuant to 40 CFR 53 (incorporated by reference in Section 243.1 08). The 

standards are attained when the expected number of days per calendar year with a 

24-hour average concentration above 150 ug/m3 is equal to or less than one. as 

determined in accordance withTl!e eeffi]llltatieas aeeessary fer analyziag 

Jlartielllate matter eata ts eetermiae attainmeBt eftl!e PM I G staneares are 

eeserieee iB 40 CFR 50, appendixA.afleBeil£ K (incorporated by reference in 

Section 243.108). 

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

are: 

D An annual arithmetic mean concentration of 15.0 ug/m3 and as measured 

and determined in conformance with subsection (d). 

;u A maximum 24-hour concentration 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 with the PM, 5 

ambient air qualitv standards. PM,.5 shall be measured by the method described in 

40 CFR 50, appendix-L or an equivalent method designated pursuant to 40 CFR 

53 (incorporated bv reference in Section 243.108). Compliance with the 
ILLINOIS 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 243.1 08). 

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 less than or equal to 15.0 ug/m3

. 

D The 24-hour primary and secondary PM, 5 standards are met when the 

98th percentile 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 (Sulfur Dioxide) 

a) Primary Standards. The primary ambient air quality standards for sulfur oxides 

measured as sulfur dioxide are: 

1) 

2) 

An annual arithmetic mean concentration of 80 ~mieregrams Jler 

eJ>eie meter (0.03 ppm); and, 

A maximum 24-hour concentration. not to be exceeded more than once 

per year, of 365 ~mieregrarns per e!leie meter (0.14 ppm). 

b) Secondary Standard. The secondary ambient air quality standard for sulfur oxides 

measured as sulfur dioxide is a maximum 3-hour concentration not to be exceeded 

more than once per year of 1,300 ug/m3

mieregFams Jler ell!Jie meter (0.5 ppm). 

c) Measurement Method. 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, appendixAjljr. A (incorporated by reference in 

Section 243.1 08), (1982), or by an equivalent method of proof approved 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 

ozone are 0.075 is 9.12 ppm (parts per million) daily (235 mieregrams Jler elleie 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENT 

~maximum 8-hour average I lleer concentration. measured and determined 

in accordance with subsection Cb)Hat te ee e,;eeeEiea BH mere tl!aH sHe Elay Jler 

yeaF. 

b) Measurement Method. OzoneFar EleteFmiHiHg eeHfsFmanee witl! tile azaHe air 

EJ<~ality staHaara, eZ"OeHe shall be measured 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 CFR 53 (incorporated by reference in Section 

243. I 08) or an equivalent method designated in accordance with 40 CFR 53. The 

primary and secondary ambient air quality standards are met when the average of 

the annual fourth-highest daily maximum 8-hour average ozone concentration is 

less than or equal to 0.075 ppm, as determined using, (1982). 40 CFR 50. 

appendix P (incorporated by reference in Section 243.1 08), as ameBa eEl. 

(Source: Amended at 35 Ill. Reg. ___ , effective__). 

Section 243.126 Lead 

a) 

b) 

Standard. The primary and secondary ambient air quality standards for lead and 

its compounds measured as elemental lead are 0.15 ug/m3

aREI its eemJlSllREis are 

1.5 mieregmms Jler eeeie meter, maximum rolling three month average measured 

and determined over a three-year periodmaltiffillffi arithmetie meaa average ever a 

ealeHEiar EJllarter. 

Measurement Method. 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 referenceey the etemie allsaretiaH SJleetFBmetry ar eEJeivaleHt 

method based onas Eleserieea iH 40 CFR 50. appendix-G and designated in 

accordance with 40 CFR 53. or by an equivalent method designated in accordance 

with 40 CFR 53 (incorporated by reference in Section 243.1 08). Compliance with 

the-primary and secondary ambient air quality standards shall be determined in 

accordance with 40 CFR 50. appendix R (incorporated by reference in Section 

243.108).Ape. G (1982). 

(Source: Amended at 35 Ill. Reg. ___ , effective__). 
.. 

· .,_,-, \ 

U~I / i ic~\·-' r +. 

ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENT 

1) Heading of the 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 of the Environmental Protection Act [415 ILCS 5/9.9, 10, 27, and 28]. 

5) Effective Date of Amendments: OCT 2 5 2011 

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

7) Do these amendments contain incorporations by reference? 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 of Proposal Published in Illinois Register: 

Nov. 19,2010, 34IIl. Reg. 17513 

10) Has JCAR issued a Statement of Objections to these amendments? No. 

11) Differences between prooosal and fin~! 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 these amendments replace emergency amendments currently in effect? No. 

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

15) Summary and Purpose of Amendments: 

RECEIVED 

OCT 2 5 2011 

SOS-CODE DIV. 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICEOFADOnEDAMENDMENT 

For a more detailed description of this rulemaking, see the Board's October 20. 2011, 

opinion and order Air 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 Part 243 of the Board's air regulation to reflect revised 

National Ambient Air Quality Standards (NAAQS) adopted by the United States 

Environmental Protection Agency. The record in this proceeding revealed a error in a 

single cross reference in Section 217 .388(a)(2)(B), and the Board sough to correct the 

error in this open rulemaking docket. 

16) Information and questions regarding these adopted amendments shall be directed to: 

Timothy Fox 

Illinois Pollution Control Board 

100 W. Randolph 11-500 

Chicago, IL 6060 I 

312-814-6085 

Copies of the Board's opinions and orders may be requested from the Clerk of the Board 

at the address listed in #8 above or by calling 3121814-3620. Please refer to the Docket 

number R09-19 in your request. The Board order is also available from the Board's 

Web site (www .ipcb.state.il.us). 

The full text of the Adopted Amendment begins on the next page: 
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 CONTROL BOARD 

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 

SUBPART A: GENERAL PROVISIONS 

Scope and Organization 

Measurement Methods 

Abbreviations and Units 

Definitions 

Incorporations by Reference 

SUBPART B: NEW FUEL COMBUSTION EMISSION SOURCES 

New Emission Sources (Repealed) 

SUBPART C: EXISTING FUEL COMBUSTION EMISSION UNITS 

Existing Emission Units in Major Metropolitan Areas 

SUBPART D: NOx GENERAL REQUIREMENTS 

Applicability 

Compliance Date 

Performance Testing 

Initial Compliance Certification 

Recordkeeping and Reporting 

Testing and Monitoring 

Emissions Averaging Plans 

SUBPART E: INDUSTRIAL BOILERS 
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 

Section 

217.240 

217.242 

217.244 

ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENT 

Applicability 

Exemptions 

Emissions Limitations 

Combination of Fuels 

Methods and Procedures for Combustion Tuning 

SUBPART F: PROCESS HEATERS 

Applicability 

Exemptions 

Emissions Limitations 

Combination of Fuels 

Methods and Procedures for Combustion Tuning 

SUBPART G: GLASS MELTING FURNANCES 

Applicability 

Exemptions 

Emissions Limitations 

SUBPART H: CEMENT AND LIME KILNS 

Applicability 

Exemptions 

Emissions Limitations 

SUBPART I: IRON AND STEEL AND ALUMINUM MANUFACTURING 

Applicability 

Exemptions 

Emissions Limitations 

SUBPART K: PROCESS EMISSION SOURCES 
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 

ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENT 

Industrial Processes 

SUBPART M: ELECTRICAL GENERATING UNITS 

Applicability 

Exemptions 

Emissions Limitations 

Combination of Fuels 

SUBPART 0: CHEMICAL MANUFACTURE 

Nitric Acid Manufacturing Processes 

SUBPART Q: STATIONARY RECIPROCATING 

INTERNAL COMBUSTION ENGINES AND TURBINES 

Applicability 

Control and Maintenance Requirements 

Emissions Averaging Plans 

Compliance 

Testing and Monitoring 

Recordkeeping and Reporting 

SUBPART T: CEMENT KILNS 

Applicability 

Control Requirements 

Testing 

Monitoring 

Reporting 

Recordkeeping 

SUBPART U: NOx CONTROL AND TRADING PROGRAM FOR 

SPECIFIED NO, GENERATING UNITS 
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 

2 I 7.482 

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 Obtaining NO, 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" Budget Units 

Early Reduction Credits (ERCs) for Budget Units 

Low-Emitter Requirements 

Opt-In Units 

Opt-In Process 

Opt-In Budget Units: Withdrawal from NOx Trading Program 

Opt-In Units: Change in Regulatory Status 

Allowance Allocations to Opt-In Budget Units 

SUBPART V: ELECTRIC POWER GENERATION 

Lake of Egypt Power Plant 

Purpose 

Severability 

Applicability 

Emission Limitations 

NO, Averaging 

Monitoring 

Reporting and Recordkeeping 

Purpose 

SUBPART W: NOx TRADING PROGRAM FOR 

ELECTRICAL GENERATING UNITS 

Sunset Provisions 

Severability 

Applicability 

Compliance Requirements 
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 

ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENT 

Permitting Requirements 

NO, Trading Budget 

Methodology for Calculating NOx Allocations for Budget Electrical Generating 

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 NOx Trading Program 

Opt-In Units: Change in Regulatory Status 

Allowance Allocations to Budget Opt-In Units 

SUBPART X: VOLUNTARY NO, EMISSIONS REDUCTION PROGRAM 

Purpose 

Emission Unit Eligibility 

Participation Requirements 

NO, Emission Reductions and the Subpart X NOx Trading Budget 

Baseline Emissions Determination 

Calculation of Creditable 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 

Section into Rule Table 

Compliance Dates 

Non-Electrical Generating Units 

Large Non-Electrical Generating Units 

Allowances for Electrical Generating Units 

Existing Reciprocating Internal Combustion Engines Affected by 

the NO, 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 of the 

Environmental Protection Act [ 415 ILCS 5/9.9, I 0, 27 and 28]. 

SOURCE: Adopted as Chapter 2: 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 December 26, 2000; amended in RO 1-11 at 25 Ill. Reg. 4597, effective March 15, 200 I; 

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, effective November 2, 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 Maintenance Requirements 

a) On and after the applicable compliance date in Section 217.392, an owner or 

operator of an affected unit must inspect and maintain affected units as required 

by subsection (a)(4) of this Section and comply with one of the following: the 

applicable emissions concentration as set forth in subsection (a)(!) of this Section, 

the requirements for an emissions averaging plan as specified in subsection (a)(2) 

of this Section, or the requirements for operation as a low usage unit as specified 

in subsection (a)(3) of this Section. 

I) Limits the discharge from an affected unit into the atmosphere of any 

gases that contain NOx to no more than: 

A) !50 ppmv (corrected to 15 percent 0 2 on a dry basis) for sparkignited rich-bum engines; 

B) 210 ppmv (corrected to 15 percent 02 on a dry basis) for sparkignited lean-burn engines, except for existing spark-ignited 

W mthington 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 provided for in either 

subsection (a)(2)(A) or (a)(2)(B) of this Section: 

A) For any affected unit identified by Section 217.386: The 

requirements of the applicable emissions averaging plan as set 

forth in Section 217.390; or 

B) For units identified in Section 217.386(a)~ The 

requirements of an emissions averaging plan adopted pursuant to 

any other Subpart of this Part. For such affected engines and 

turbines the applicable requirements of this 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) of this Section. 

Low usage units that are not part of an emissions averaging plan are not 

subject to the requirements of this Subpart Q except for the requirements 

to inspect and maintain the unit pursuant to subsection (a)(4) of this 

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 I 00 TPY NOx 

aggregated from all engines and turbines located at the source that 

are not otherwise exempt pursuant to Section 217.386(b), and not 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENT 

complying with the requirements of subsection (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 the requirements of subsection (a)(l) or (a)(2) 

of this 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 of subsections (a)(3)(B)(i) and 

(a)(3)(B)(ii) of this 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 performs periodic 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 of the applicable air pollution control 

equipment, monitoring device, and affected unit; or 

ii) If the original equipment manual is not available or 

substantial modifications have been made that require an 

alternative procedure for the applicable air pollution 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 of air pollution 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 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENT 

air pollution control device, monitoring device, and affected unit. 

b) Owners and operators of affected units may change the method of compliance 

with this Subpart, as follows: 

I) When changing the method of compliance from subsection (a)(3) of this 

Section to subsection (a)( I) or (a)(2) of this Section, the owner or operator 

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 by which compliance with subsection (a)( I) or (a)(2) 

of this Section is to begin. 

2) An owner or operator of an affected unit that is changing the method of 

compliance from subsection (a)(!) or (a)(2) of this Section to subsection 

(a)(3) of this Section must: 

A) Continue to operate the affected unit's control device, if that unit 

relied upon a NOx emissions control device for compliance with 

the requirements of subsection (a)(!) or (a)(2) of this Section; and 

B) Prior to changing the method of compliance 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. If the 

deadline for such testing or monitoring has not yet occurred (e.g., 

the five-year testing or monitoring sequence has not yet elapsed), 

the owner or operator must complete the test or monitoring prior to 

changing the method of compliance to subsection (a)(3) of this 

Section. After changing the method of compliance to subsection 

(a)(3) of this Section, no additional testing or monitoring will be 

required for the affected unit while it is complying with subsection 

(a)(3) of this Section, except as provided for in Section 217 .394(£). 

(Source: Amended at 35 Ill. Reg. ___ , effective-~ 
30 

I EPA 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.