Electronic Filing - Received, Clerk's Office, June 9, 2009 

* * * * * PC 3 * * * * * l (o tEPA ATTACHMENT NO.~ 

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD 

IN THE MATTER OF: 

CLEAN-UP 

AMENDMENTS TO 35 ILL. 

ADM. CODE PART 243 

TO: John Therriault, Assistant Clerk 

Illinois Pollution Control Board 

James R. Thompson Center 

I 00 West Randolph, Suite 11-500 

Chicago, Illinois 60601-3218 

Matthew Dunn, Chief 

) 

) 

) 

) 

) 

) 

NOTlCE 

R09-19 

(Ru lema king -Air) 

Tim Fox, Hearing Officer 

Illinois Pollution Control Board 

James R. Thompson Center 

100 West Randolph, Suite 11-500 

Chicago, Illinois 60601-3218 

Division of Environmental Enforcement 

Office of the Attorney General 

Dave Kolaz 

Alec Davis 

Illinois Environmental Regulatory Group 

69 West Washington St., Suite 1800 215 E. Adams St. 

Chicago, IL 60602 Springfield, IL 62701 

Virginia Yang, Deputy Legal Counsel 

Illinois Department of Natural Resources 

One Natural Resources Way 

Katherine D. Hodge 

Monica T. Rios 

Hodge Dwyer & Driver 

3150 Roland Ave. 

Springfield, IL 62705 

Springfield, IL 62702 

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

the MOTION TO FILE INSTANTER THE CORRECTED POST-HEARING COMMENTS and 

CORRECTED POST-HEARING COMMENTS of the Illinois Environmental Protection Agency 

a copy of which is herewith served upon you. 

DATED: June 9, 2009 

I 021 North Grand Avenue East 

P.O. Box 19276 

Springfield, Illinois 62794-9276 

217.782.5544 

ILLINOIS ENVIRONMENTAL 

PROTECTION AGENCY 

By: Is/ Charles E. Matoesian 

Charles E. Matoesian 

Assistant Counsel 

Division of Legal Counsel 

THIS FILING IS SUBMITTED 

ON RECYCLED PAPER 
Electronic Filing - Received, Clerk's Office, June 9, 2009 

* * * * * PC 3 * * * * * 

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD 

IN THE MATTER OF: 

CLEAN-UP 

AMENDMENTS TO 35 ILL. 

ADM. CODE PART 243 

) 

) 

) 

) 

) 

) 

R09-19 

(Rulemaking- Air) 

MOTION TO FILE INSTANTER THE CORRECTED POST-HEARING 

COMMENTS 

NOW COMES the Proponent, the ILLINOIS ENVIRONMENTAL 

PROTECTION AGENCY(" Illinois EPA" or" Agency"), by its attorney, and 

pursuant to 35 Ill. Adm. Code I 0 I. 502 and I 02.402, moves that the Hearing Officer 

allow for the filing instanter of corrected post-hearing comments of the Illinois EPA. 

On November 25, 2008, the Illinois EPA filed a proposal with the Illinois 

Pollution Control Board(" Board") to amend Part 243, entitled "Clean-up Amendments 

to 35 Ill. Adm. Code Part 243." 

The Board set the second hearing in the matter for April 28, 2009, with posthearing comments due by June 8, 2009. Due to a miscommunication, the document 

filed on that date was not the finished product. As this failure was accidental, the 

Agency asks leave of the Hearing Officer to file corrected post-hearing comments now. 

WHEREFORE, for the reasons set forth above, the Illinois EPA moves that the 

Hearing Officer allow this motion and pray that it be allowed to file instanter the 

corrected post-hearing comments of the Illinois EPA. 
Electronic Filing - Received, Clerk's Office, June 9, 2009 

* * * * * PC 3 * * * * * 

DATED: June 9, 2009 

1021 N. Grand Ave., East 

P.O. Box 19276 

Springfield, Illinois 62794-9276 

217/782-5544 

Respectfully submitted, 

ILLINOIS ENVIRONMENTAL 

PROTECTION AGENCY 

By: 

Charles E. Matoesian 

Assistant Counsel 

Division of Legal Counsel 
Electronic Filing- Received, Clerk's Office, June 9, 2009 

* * * * * PC 3 * * * * * 

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD 

IN THE MATTER OF: 

CLEAN-UP 

AMENDMENTS TO 35 ILL. 

ADM. CODE PART 243 

) 

) 

) 

) 

) 

) 

R09-19 

Rulemaking - Air 

CORRECTED POST -HEARING COMMENTS 

NOW COMES the ILLINOIS ENVIRONMENTAL PROTECTION AGENCY ("lllinois 

EPA"), by one of its attorneys, and hereby submits its post-hearing comments to the second 

hearing in the above rulemaking proceeding. The Illinois EPA has reviewed the transcript of the 

April 28, 2009, hearing and responds to the information presented as follows: 

The Illinois EPA proposed the 243 clean-up rulemaking so as to update certain standards 

that were changed by federal law. These standards included PM 2.5, lead, and 8-hour ozone. In 

addition, the !-hour ozone standard was revoked and several non-substantive changes were made 

to the rule as part of the "clean up." The rulemaking was always intended to be of limited scope. 

At no time did the Agency claim that the purpose of the rulemaking was to make all of the 

standards in Part 243 identical to the federal Code of Federal Regulations. In the Statement of 

Reasons the Agency stated: 

This proposed rulemaking simply updates the existing regulation and is a result of new 

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

Environmental Protection Agency ("U.S. EPA"). Originally, the Subpart at issue was 

adopted to satisfy Clean Air Act ("CAA") requirements. Recent changes by the U.S. 

1 
Electronic Filing - Received, Clerk's Office, June 9, 2009 

* * * * * PC 3 * * * * * 

EPA require amendments to the Illinois rules to reflect the new NAAQS for both ozone 

and particulate matter. 

Statement of Reasons at I. The Agency further stated, "[i]t incorporates new U.S. EPA air 

quality standards and has no real impact upon sources as it is currently federal law. These 

standards are well known to industry and have been thoroughly discussed by the U.S. EPA." I d. 

at 4. This statement indicates that the Agency did not intend there to be any substantive effect to 

sources by proposing this rulemaking. The Illinois Environmental Regulatory Group's ("!ERG") 

characterization of the rule would have a substantive effect; that of relieving one of their 

members from liability by the Illinois EPA. Moreover, the changes Illinois EPA proposes all 

strengthen existing standards. !ERG's proposal would have the affect of weakening existing 

standards. In addition, there would probably be far greater participation by stakeholders if they 

knew the scope of the changes IERG is suggesting. In fact, considering that one ofiERGs 

proposals would reverse a policy the State has held for 30 years, greater outreach may even have 

been necessary. 

The Illinois EPA's intent to keep the changes minimal was further supported by the prefiled testimony of Robert Kaleel, wherein he stated, "[t]he purpose of my testimony is to explain 

the purpose of this proposal, which will amend 35 Ill. Adm. Code Part 243 ("Part 243") to update 

Illinois' air quality standards to reflect several revisions of the National Ambient Air Quality 

Standards ("NAAQS") promulgated by the U. S. Environmental Protection Agency ("U.S. 

EPA") ... Specifically, the amendments reflect revised NAAQS for ozone, particulate matter, and 

lead." Kaleel prefiled testimony, pages I and 2. 

At the hearing on March I 0, 2009, Mr. Kaleel clearly and repeatedly stated that the 

Agency intended no changes for the S02, CO, and N02 related sections of Part 243. In response 

2 
Electronic Filing - Received, Clerk's Office, June 9, 2009 

* * * * * PC 3 * * * * * 

to questioning from !ERG's attorney, Mr. Kaleel repeated for each pollutant that the Illinois EPA 

did not intend to seek changes for such pollutants (See Transcript of March I 0 hearing, PP. 23, 

24, and 25.) 

Despite this, in their prefiled testimony !ERG states that the Agency wishes to make Part 

243 the same as the federal Code of Federal Regulations. Prefiled testimony ofKolaz, 2. !ERG 

speaks of confusion if the Illinois EPA does not change the monitoring system for S02 from 

running to block averaging; but the Illinois EPA's position, that running averaging is required, 

has not changed in 30 years as Mr. Kolaz admits. (See Transcript of April 28, 2009, hearing at 

37 .) Therefore, it is a change in policy that would cause confusion. Mr. Kolaz states that this 

policy is by mere happenstance, but to make no amendments to a standard for over thirty years 

while changing other standards in that same Part, evidences some intent. !d. at 34. Actions have 

meaning, and the Illinois EPAs consistent action with regard to the S02 standard has been to 

leave it the same. This must be recognized as having value. 

The debate about running versus block averaging for S02 monitoring dates back to the 

early 1970's, when the S02 rules were first promulgated. At that time, the federal reference 

method for monitoring ambient S02 concentrations did not allow for continuous measurements, 

so the convention was to report only block averages. By the late 1970's however, new 

monitoring technology allowed for continuous measurements and the determination of running 

averages. The use of running averages has been !EPA's interpretation of the S02 NAAQS ever 

since. 

This debate about averaging has spawned much litigation. But, as the courts have stated, 

both forms of averaging are allowed. NRDC v. Thomas, 845 F .2d I 088, I 091 (DC Cir. 1988). 

3 
Electronic Filing- Received, Clerk's Office, June 9, 2009 

* * * * * PC 3 * * * * * 

Eventually, in 1986, USEPA produced a guidance memo declaring that it wished states to use 

block averaging. "Block Averages in Implementing S02 NAAQS ... quoted in Thomas, 845 F.2d 

at I 097. The memo, however, specifically stated that states were free to develop more stringent 

standards under Section 116 of the CAA. !d. Moreover, the USEPA stated in a separate Federal 

Register posting that the intent of this memo was "to confirm the status quo after PPG industries, 

under which an attainment demonstration may rely on block averages." 54 Fed. Reg. 23479, 

23480 (June I, 1989). Running averaging were not, therefore, proscribed. 

The guidance in the memo was finally put into a rulemaking memo in 61 Fed. Reg. 

25566 (May 22, 1996). In that Federal Register, the USEPA stated that it intended block 

averaging by its actions and were making it so by regulation. 61 Fed. Reg. at 25576. States are 

still free, however, to use running averaging under Section 116 of the CAA. Running averaging 

has not proscribed. 

Section I 16 of the CAA allows Illinois, like all states, the freedom to enact regulations 

more stringent than federal ones. It has long been agreed that running averaging is slightly more 

stringent than block averaging. PPG Industries v. Castle, 659 F.2d 1239, 1250 (DC Cir. 1981). 

Accordingly, the Illinois EPA is free to use running averaging for the monitoring of SOz. In fact 

Illinois EPA has never wavered from its use of running averaging despite the ongoing debate at 

the federal level. Thus, there has never been any confusion in Illinois about what monitoring 

method is to be used for so2 or what would cause a violation of the so2 standard in Illinois. 

Indeed, prior to 2007, the state had been in compliance with the S02 NAAQS for many years. 

In 2007, two exceedances of the 24-hour S02 NAAQS were recorded at Illinois EPA's 

monitoring station in Pekin. Using running averages, these two exceedances constitute a 

4 
Electronic Filing - Received, Clerk's Office, June 9, 2009 

* * * * * PC 3 * * * * * 

violation of the NAAQS, but using block averages, they do not. The IIIinois EPA has 

subsequently identified a company in Pekin, Aventine, as the primary contributing source to the 

violation. The Illinois EPA is in discussions with Aventine, a member of!ERG, to reduce their 

S02 emissions. 

Accordingly, the change to the S02 standard suggested by !ERG is not warranted. It 

would also have the effect of relaxing the S02 standard for all sources in IIIinois. Thus all 

sources in Illinois could increase their emissions of S02 leading to an unnecessary increase in 

pollution. By forcing the Illinois EPA to change its longstanding interpretation of the S02 

NAAQS from running to block averages, the Board would remove the company's obligation to 

reduce its emissions 

!ERG further suggests revising the State's air quality standards for S02, CO, and N02 to 

remove numerical values expressed as micrograms (or milligrams) per cubic meter, which in the 

case of CO and N02 would make the standards different from the federal standards. We note 

that !ERGs recommendation for CO and N02 in this regard is inconsistent from its position 

regarding S02. For S02, !ERG requests that Illinois standards be identical to the federal 

standard. For CO and N02, !ERG is recommending that Illinois not follow the federal standard, 

by removing the numerical standards, expressed as micrograms (or milligrams) per cubic meter 

for these pollutants. The Illinois EPA urges the Board to retain the numerical values using both 

units, micrograms (or milligrams) per cubic meter and parts per million, for So2, CO, and N02. 

Both units are used routinely. Typically parts per million are used when reporting monitoring 

data, as !ERG has pointed out, but micrograms per cubic meter are routinely used for modeling 

S02, CO, and N02. Federally approved air quality models are designed to calculate micrograms 

per cubic meter, and such models are required for modeling for perrnits under the Prevention of 

5 
> • Electronic Filing - Received, Clerk's Office, June 9, 2009 

* * * * * PC 3 * * * * * 

Significant Deterioration (PSD) program, as well as performing attainment demonstrations for 

these pollutants. 

For these reasons, the Board should reject the suggestions by !ERG and adopt the 

proposal of the lllinois EPA. This rulemaking was intended to be a simple updating of Part 243 

to account for new USEPA NAAQS standards. It was not intended to encompass substantive 

changes that are discretionary for states to impose. Again, Illinois has every right to use running 

averages and has never swayed from the use of such. To force Illinois to use block averages 

would relax the so2 standard and increase so2 emissions throughout Illinois, not just from one 

ofiERG's members. Furthermore, the Illinois EPA urges the Board to retain the numerical 

values for S02, N02 and CO using both units, micrograms (or milligrams) per cubic meter and 

parts per million, as both units are used routinely. 

DATED: _ __,_J,..un..,e'-"9~2"'0<><0~9-

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 

6 
. , 

Electronic Filing - Received, Clerk's Office, July 28, 2009 /7 

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD 

IN THE MATTER OF: 

CLEAN-UP 

AMENDMENTS TO 35 ILL.· 

ADM. CODE PART 243 

TO: John Therriault, Assistant Clerk 

Illinois Pollution Control Board 

James R. Thompson Center 

100 West Randolph, Suite 11-500 

Chicago, Illinois 60601-3218 

SEE ATTACHED SERVICE LIST 

) 

) 

) 

) 

) 

) 

R09-19 

(Rulemaking -Air) 

NOTICE 

IEPA ATTACHMENT NO. __ 

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

the MOTION TO FILE INSTANTER A REQUEST TO ADD AN AMENDMENT TO PART 

223 TO THE CURRENT RULEMAKING of the Illinois Environmental Protection Agency a 

copy of which is herewith served upon you. 

DATED: July 29,2009 

I 021 North Grand Avenue East 

P.O. Box 19276 

Springfield, Illinois 62794-9276 

217.782.5544 

217.782.9143 (TDD) 

ILLINOIS ENVIRONMENTAL 

PROTECTION AGENCY 

By: is/ Charles E. Matoesian 

Charles E. Matoesian 

Assistant Counsel 

Division of Legal Counsel 

THIS FILING IS SUBMITTED 

ON RECYCLED PAPER 
Electronic Filing - Received, Clerk's Office, July 28, 2009 

BEFORE THE lLLINOIS POLLUTION CONTROL BOARD 

IN THE MATTER OF: 

CLEAN-UP 

AMENDMENTS TO 35 ILL. 

ADM. CODE PART 243 

) 

) 

) 

) 

) 

) 

R09-19 

(Rulemaking - Air) 

MOTION TO FILE INSTANTER A REQUEST TO ADD AN AMENDMENT TO 

PART 223 TO THE CURRENT RULEMAKING 

NOW COMES the Proponent, the ILLINOIS ENVIRONMENTAL 

PROTECTION AGENCY(" Illinois EPA" or" Agency"), by its attorney, and 

pursuant to 35 Ill. Adm. Code 101.502 and 102.402, moves that the Illinois Pollution 

Control Board (" Board") allow for the filing instanter of an amendment to Part 223 as 

part of this Clean-Up rulemaking of Part 243. 

On January 2, 2008, the Illinois EPA filed a proposal with the Illinois Pollution 

Control Board(" Board") to add a new Part 223, entitled "Proposed New 35 ILL. ADM. 

CODE Part 223 Standards and Limitations for Organic Material Emissions for Area 

Sources." The Board accepted this proposal in Rulemaking ROS-17. Following hearings, 

this rulemaking was adopted and published in the Illinois Register on June 19, 2009 in 

Vol. 33, Issue 25, p. 8224. 

Soon after the publishing of the rule, it came to the Agency' s attention that one 

category of coatings was mis-labeled. The mistake occurs in Section 223.205, where the 

coating is labeled, "Adhesives- Construction, Panel and Floor Contact" when it should 

be labeled " Adhesives -Construction, Panel and Floor Covering." The changing of the 

final word " contact" to " covering" is the only change requested by the Agency. As the 
Electronic Filing - Received, Clerk's Office, July 28, 2009 

record in ROS-17 has closed the Agency prays that the Board allow this change to be 

included in the current rulemaking. 

The word contact in the category " Adhesives -Construction, Panel and Floor 

Contact" is simply a typographical error. There is a definition for the proper category 

in Section 223.203 for" Construction, Panel and Floor Covering Adhesives." The 

unintended word " Contact" also does not make sense contextually because it is unclear 

whether " Contact applies to just floor contact adhesives or also contact adhesives that 

are construction and panel adhesives also. Further, if it were the correct term there 

would necessarily be definitions for those categories. As it is, changing the one word 

from " contact" to " covering" matches the category up exactly with the definition and 

the appropriate limit. 

This change also makes the Illinois rule consistent with similar rules in other 

states and regions which is important when considering the needs of manufacturers and 

retailers for uniformity. Moreover, consistency between the Illinois rule and other state 

rules was a goal of the Agency when proposing the consumer products rule. 

Correcting this typographical error should have no substantial effect on regulated 

entities and should clear up any confusion about the category in the future. 

WHEREFORE, for the reasons set forth above, the Illinois EPA moves that the 

Board allow this motion and pray that it be allowed to make the change to Part 223 in 

the current rulemaking docket. 

Respectfully submitted, 

2 
Electronic Filing - Received, Clerk's Office, July 28, 2009 

DATED: 

1021 N. Grand Ave., East 

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 

3 
·. 

Electronic Filing - Received, Clerk's Office, July 28, 2009 

STATE OF ILLINOIS 

COUNTY OF SANGAMON 

) 

) 

) 

ss 

CERTIFICATE OF SERVICE 

I, the undersigned, an attorney, state that I have served electronically the attached 

MOTION TO FILE INSTANTER A REQUEST TO ADD AN AMENDMENT TO PART 223 

TO THE CURRENT RULEMAKING, upon the following persons: 

John Therriault, Assistant Clerk 

Illinois Pollution Control Board 

James R. Thompson Center 

I 00 West Randolph St., Suite 11-500 

Chicago, IL 60601 

SEE ATTACHED SERVICE LIST 

Dated: July 29, 2009 

1021 North Grand Avenue East 

P.O. Box 19276 

Springfield, Illinois 62794-9276 

217.782.5544 

217.782.9143 (TDD) 

ILLINOIS ENVIRONMENTAL 

PROTECTION AGENCY, 

Is/ Charles E. Matoesian 

Charles E. Matoesian 

Assistant Counsel 

Division of Legal Counsel 
·-

Electronic Filing - Received, Clerk's Office, July 28, 2009 

ROS-17 & R09-19 SERVICE LIST 

Timothy Fox, Hearing Officer 

lllinois Pollution Control Board 

State oflllinois Center 

I 00 West Randolph, Suite 11-500 

Chicago, Illinois 60601 

Matthew J. Dunn, Chief 

Office of Attorney General 

Environmental Bureau 

69 W. Washington St., Suite 1800 

Chicago, IL 60602 

Virginia I. Yang 

Illinois Department of Natural Resources 

Office of Legal Counsel 

One Natural Resources Way 

Springfield, IL 62702-1271 

Mark A. Biel 

Chemical Industry Council of Illinois 

400 W. Monroe, Suite 205 

Springfield, IL 62704 

Katherine D. Hodge 

Monica Rios 

Lauren C. Lurkins 

Hodge Dwyer & Driver 

3150 Roland Ave. 

Springfield, IL 62705 

Dave Kolaz 

Alec Davis 

Illinois Environmental Regulatory Group 

215 E. Adams St. 

Springfield, IL 62705 
Page I of I 

Tim Fox- FW: Subpart Q . r-rm:m:rm· 

From: 

IEPA ATTACHMENT NO.~ 

' . ==·==""'""''""'Rll! c E I'VE D 

CLERK'S OFFICE 

"Doctors, Rachel" <Rachel.Doctors@Illinois.gov> 

To: <foxt@ipcb.state.iLus> Y ()t + OCT 0 2 2009 

8/31/2009 3: II PM ·\! ()9 /I q 1 '· - --------- STATE OF I 

FW: Subpart Q t" _;_.--- Pollution Con~~NOIS "LaDonna Driver" <ldriver@hddattorneys.com>, <jmore@schifThardin.com> Board 

Date: 

Subject: 

CC: 

La Donna discovered a typo in the rule. I checked the agency comments and it was correct there. Somehow 

something got struck that should have been left. How can this most easily be corrected? thanks 

From: LaDonna Driver [mailto:ldriver@hddattorneys.com] 

Sent: Monday, August 31, 2009 2:00 PM 

To: Doctors, Rachel; More, Joshua 

Subject: Subpart Q 

Have you looked at the final version of the rule? I noticed a problem at 388(a)(2)(B). The reference in 

the first line to 386(a)(l)(B) (doesn't exist) should be 386(a)(2). This was a casualty of the 

reorganization of388- it looks like someone changed 388(a)(2) to 388(a)(l)(B) and did it for this 386 

reference in error. 

LaDonna Driver 

HODGE DWYER & ORNER 

3150 Roland Avenue 

Post Office Box 5776 

Springfield, Illinois 62705-5776 

(217) 523·4900 

Fax (217) 523-4948 

PLEASE NOTE MY NEW E-MAIL ADDRESS: 

ldriver@hddattorneys.corn 

www.hddattomeys.com 

file://C:\Documents and Settings\FoxT\Local Settings\Temp\XPgrpwise\4A9BE814PCBIP ... I 0/2/2009 
ILLINOIS POLLUTION CONTROL BOARD 

November 4, 20 I 0 

IN THE MA ITER OF: ) 

) 

AIR QUALITY STANDARDS CLEAN-UP: ) 

AMENDMENTS TO 35 ILL ADM. CODE ) 

PARTS 217,223, AND 243 ) 

Proposed Rule. First Notice. 

R09-19 

(Rulemaking- Air) 

OPINION AND ORDER OF THE BOARD (by A.S. Moore) 

I EPA ATTACHMENT NO. R 

For first-notice publication in the Illinois Register, the Board today proposes amendments 

to its air pollution regulations. See 35 IlL Adm. Code 217,223, 243. The Illinois Environmental 

Protection Agency (Agency or Illinois EPA) initiated this proceeding by filing a rulemaking 

proposal on December 1, 2008. 1 After conducting two public hearings in this matter and 

considering the entire record, the Board proposes for first notice the amendments to its air quality 

standards described below in this opinion. 

The proposed amendments are 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. See 35 IlL Adm. Code 217.388 (nitrogen oxides control and maintenance 

requirements), 223.205 (volatile organic material emissions standard and limits for consumer and 

commercial products), 243 (Air Quality Standards). Publication of these proposed amendments 

in the Jllinois Register will begin a 45-day public comment period. See 5 ILCS I00/5-40(b) 

(2006) (Illinois Administrative Procedure Act). 

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

and then addresses preliminary issues. The Board then provides background on federal air 

quality standards before summarizing the Agency's original proposal, its January 20, 2009 

motion to amend the proposal, its testimony, and its errata sheet filed on April 14, 2009. The 

Board next summarizes testimony offered by the Illinois Environmental Regulatory Group 

(IERG) before addressing the post-hearing comments. After discussing the issues raised, the 

Board reaches its conclusion. The order following this opinion then sets forth the proposed 

amendments for first-notice publication in the 11/inois Register. 

PROCEDURAL HISTORY 

On December 1, 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 

1 Although the Agency's original proposal included only amendments to Part 243, the Board 

concludes below that the record also supports limited amendment of Parts 217 and 223. 

Accordingly, the Board amends the caption to reflect that its first-notice proposal includes these 

two additional Parts. 
2 

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 10,2009, in Chicago. The 

same hearing officer 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 prefile 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. 

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 I 0, 2009, and the Board received the transcript on 

March 20, 2009 (Tr.l ). 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. Also 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. 

In an order dated March I 0, 2009, the hearing officer scheduled the second hearing on 

April28, 2009, in Springfield and set Aprill4, 2009, as the deadline to pre-file testimony for it. 

On April 14, 2009, the Agency filed an errata sheet to its proposal (Errata). 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 office admitted three exhibits 

into the record: the cover page, page six, and pages 62-66 of the Agency's 2007 Illinois 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 !LCS 5/27(b) (2008)) 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 
3 

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. 

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 I ERG (PC 2) filed post-hearing comments. 

On June 9, 2009, the Agency filed corrected post-hearing comments (PC 3) accompanied by a 

motion for leave to file instanter (Mot. Leave). 

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). 

Filing Public Comments 

First-notice publication of these proposed amendments in the Illinois Register will start a 

period of at' least 45 days during which any person may file a public comment with the Board, 

regardless of whether the person has already filed a public comment. See 5 JLCS I00/5-40(b) 

(2008) (Illinois Administrative Procedure Act). The Board encourages comments on these 

proposed amendments. The docket number for this rulemaking, R09-I 9, should be indicated on 

the public comment. 

Public comments must be filed with the Clerk of the Board at the following address: 

Pollution Control Board 

John T. Therriault, Assistant Clerk 

James R. Thompson Center 

100 W. Randolph Street, Suite 11-500 

Chicago, IL 6060 I 

Public comments may be filed electronically through the Board's Clerk's Office On-Line, or 

COOL, at www.ipcb.state.il.us. Any questions about electronic filing through COOL should be 

directed to the Clerk's Office at (312) 814-3629. 

Please note that all filings with the Clerk of the Board must be served on the hearing 

officer and on those persons on the Service List for this rulemaking. Before filing any document 

with the Clerk, please check with the hearing officer or the Clerk's Office to verify the most 

recent version of the Service List. 
4 

PRELIMINARY ISSUES 

Motion for Leave to File Corrected Post-Hearing Comments Instanter 

After it filed post-hearing comments on June 8, 2009, the Agency on June 9, 2009, filed 

corrected post-hearing comments accompanied by a motion for leave to file instanter. The 

Agency states that, because of a miscommunication, the comments it originally filed were "not 

the finished product." Mot. Leave at I. Characterizing that original filing as an accident, the 

Agency seeks leave to file its corrected post-hearing comments instanter. Jd. 

Section I 0 1.500(d) of the Board's procedural rules provides in pertinent part that, 

"[w]ithin 14 days after service of a motion, a party may file a response to the motion. If no 

response is filed, the party will be deemed to have waived objection to the granting of the 

motion, but the waiver of objection does not bind the Board or the hearing officer in its 

disposition of the motion." 35111. Adm. Code 101.500(d). The Board has received no response 

to the Agency's motion for leave to file instanter. Based on its review of the Agency's motion, 

and in the absence of any response, the Board grants the motion for leave and accepts the 

Agency's corrected post-hearing comments, which are summarized below. See infra at 13-15. 

Motion to File Instanter a Request to Add an Amendment to Part 223 

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." The Agency states that, on January 2, 

2008, it filed a proposal to add a new Part 223 addressing organic material emission for area 

sources. Mot. Add at 1; see 35 Ill. Adm. Code 223; Standards and Limitations for Organic 

Material Emissions for Area Sources Proposed New 35 Ill. Adm. Code Part 223, R08-17. The 

Agency further states that the Board has adopted the rule and published it in the Illinois Register. 

Mot. Add. at 1; see 33111. Reg. 8224 (June 19, 2009). 

The Agency states that, soon after publication of the adopted rule, it noted that the 

regulation included an error in the name of one category of coatings. Mot. Add. at 1; see 35 Ill. 

Adm. Code 223.205. Specifically, the coating labeled "Adhesives- Construction, Panel and 

Floor Contact" should instead be labeled "Adhesives - Construction, Panel and Floor Covering." 

Mot. Add. at 1. The Agency characterizes use of the word "contact" as "simply a typographical 

error." Mot. Add. at 2. The Agency notes that Section 223.203 defines the term "Construction, 

Panel and Floor Covering Adhesives." /d.; see 35 Ill. Adm. Code 223.203. The Agency thus 

argues that "changing the one word from 'contact' to 'covering' matches the category up exactly 

with the definition and the appropriate limit." Jd. 

The Agency further argues that its proposed change would make Part 223 more 

consistent with similar regulations in other jurisdictions. Mot. Add. at 2. The Agency argues 

that it considered manufacturers' and retailers' need for this consistency and had consistency as 

its goal in proposing Part 223. Jd. The Agency further argues that "[c]orrecting this 

typographical error should have no substantial effect on regulated entities and should clear up 

any confusion about the category in the future." I d. 
5 

The Agency states that it proposes this change because the record has closed in Board 

rulemaking docket ROS-17. Mot. Add. at I; see Standards and Limitations for Organic Material 

Emissions for Area Sources Proposed New 35 Ill. Adm. Code Part 223, ROS-17 (May 7, 2009) 

(final opinion and order adopting rule). The Agency further states that it proposes no other 

change to Part 223. !d. The Agency requests that the Board grant its motion and allow it to 

propose a single change to one section of Part 223 in this rulemaking docket. !d. at 2. 

As noted in the preceding subsection, Section 101.500(d) ofthe Board's procedural rules 

provides in pertinent part that, "[w)ithin 14 days after service of a motion, a party may file a 

response to the motion. If no response is filed, the party will be deemed to have waived 

objection to the granting of the motion, but the waiver of objection does not bind the Board or 

the hearing officer in its disposition of the motion." 35111. Adm. Code 101.500(d). The Board 

has received no response to the Agency's motion to file instanter a request to add an amendment 

to Part 223. Based on its review of the Agency's motion, and in the absence of any response, the 

Board grants the motion and includes the proposed substitution of one word in its order below. 

BACKGROUND ON FEDERAL AIR QUALITY STANDARDS 

The Clean Air Act (CAA) establishes both primary and secondary air quality standards. 

TSD at I. "Primary standards are limits for protecting public health, including the health of 

'sensitive' populations (such as asthmatics, children, and the elderly). Secondary standards 

establish limits to protect the welfare of the public, which includes protection against decreased 

v.isibility, damage to buildings, crops, animals, and vegetation." !d. 

The CAA requires that the United States Environmental Protection Agency (USEPA) 

establish National Ambient Air Quality Standards (NAAQS) for six criteria pollutants 

considered harmful to public health and the environment: ozone, particulate matter, sulfur 

dioxide, nitrogen dioxide, carbon monoxide, and lead. TSD at 1. 'The CAA also requires that 

US EPA review, on a periodic basis, new scientific evidence about the effects of these pollutants 

on the public health and welfare and to revise the standards as appropriate." !d. USEPA has 

recently revised standards for ozone, particulate matter, and lead. !d. 

SUMMARY OF AGENCY'S ORIGINAL PROPOSAL 

In its original proposal, the Agency states that it seeks simply to update Part 243 of the 

Board's air pollution regulation. SR at I, 4; see 35 Ill. Adm. Code 243.101 et seq. The Agency 

further states that the Board originally adopted these regulations in order to satisfy requirements 

under the CAA. SR at 1-2. The Agency argues that recent action by the USEPA necessitates 

amending Illinois' rules. !d. at 2; see TSD at I. The Agency argues that incorporation of new 

standards will have no real effect upon sources, as those standards are well-known to industry 

and are current federal law. !d. at 4. 

Specifically, the Agency first states that its proposal reflects a new NAAQS for ozone 

and the revocation of the prior standard. SR at 2, citing 73 Fed. Reg. 16436 (Mar. 27, 2008); see 

TSD at I. Second, the Agency indicates that the proposal reflects a number of recent changes to 

the NAAQS for particulate matter, which address both coarse particulate matter with a diameter 
6 

less than I 0 micrometers (PM10) and fine particulate matter with a diameter less than 2.5 

micrometers (PM25). SR at 2-3, citing 73 Fed. Reg. 1497 (Jan. 9, 2008), 71 Fed. Reg. 61144 

(Oct. 17, 2006), 62 Fed. Reg. 38652 (July 18, 1997); see TSD at I. Finally, the Agency also 

proposes amendments to regulations addressing definitions, nondegradation, and sulfur oxides. 

SR at 3. The Agency characterizes this last category of amendments as "several minor 

corrections" addressing typographical errors and placing citations in proper form. Jd. 

On a section-by-section basis below, the Board summarizes substantive amendments 

originally proposed by the Agency. 

Subpart A: General Provisions 

Section 243.107 Reference Conditions 

Section 243.107 now provides in its entirety that "[a]ll measurements of air quality are 

corrected to a reference temperature of 25° C, and to a reference pressure of 760 millimeters of 

mercury (I 013.2 millibars)." 35 Ill. Adm. Code 243.1 07; see SR at 3, Prop. at 3. In its proposal, 

the Agency seeks to distinguish PM2.s from all other air quality measurements by providing that 

"PM2.s 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." Prop. at 3; see 

SR at 2-3. 

Section 243.108 Incorporations by Reference 

Section 243.108 now incorporates by reference seven specified materials. 35 Ill. Adm. 

Code 243.1 08; see Prop. at 4. The Agency first proposes to amend subsection (g), which 

incorporates Appendix K of 40 C.F.R. 50 providing interpretation of the NAAQS for particulate 

matter. 35 Ill. Adm. Code 243 .I 08(g); see SR at 3, Prop. at 4. The Agency states that US EPA 

amended Appendix K in 2006 and proposes to update the incorporation with a citation to that 

amendment. Prop. at 4; see SR at 3, citing 73 Fed. Reg. 61144 (Oct. 17, 2006). 

The Agency also proposes to incorporate three new materials. The first of them, 

Appendix L to 40 C.F.R. 50, "describes the reference method used for the determination of fine 

particulate matter as PM25 in the atmosphere." SR at 2, citing 71 Fed. Reg. 61144 (Oct. 17, 

2006); see Prop. at 4. The second, Appendix N to 40 C.F.R. 50, provides interpretation of the 

NAAQS for PM2.s and provides a calculation for determining the maximum 24-hour 

concentrations of it. SR at 2, citing 71 Fed. Reg. 61144 (Oct. 17, 2006); see Prop. at 4. The 

third, Appendix P to 40 C.F.R. 50, provides interpretation ofthe NAAQS for ozone and provides 

for measurement of its daily maximum 8-hour concentration. SR at 2, citing 73 Fed. Reg. 16436 

(Mar. 27, 2008); see Prop. at 4. 
7 

Subpart B: Standards and Measurement Methods 

Section 243.120 PM-10 

Section 243.120 now provides ambient air quality standards for PM-I 0 expressed in 

terms of an annual arithmetic mean concentration and a maximum 24-hour concentration, "not to 

be exceeded more than once per year." 35 Ill. Adm. Code 243.120(a). The section also provides 

a measurement method for determining compliance with those standards and a reference to 

"[t]he computations necessary for analyzing particulate matter data to determine attainment. ... " 

35111. Adm. Code 243.120(b), citing 40 C.F.R. 50, Appendices J, K. 

The Agency first proposes to amend this section by changing each reference to "PM-I 0" 

to "PM10 ." See Prop. at 4-5. The Agency then notes that USEPA has recently amended the 

PM10standard. SR at 3, citing 73 Fed. Reg. 61144 (Oct. 17, 2006). Specifically, the Agency 

states that US EPA "revoked the annual PM10 standard which had been calculated as the annual 

arithmetic mean concentration of 50 micrograms per cubic meter." SR at 3; see 35 Ill. Adm. 

Code 243.120(a)(l). The Agency proposes to amend the section to reflect this USEPA action. 

Prop. at 5. The Agency notes, however, that USEPA "left the daily PM10 standard unchanged at 

a maximum 24-hour concentration of 150 micrograms per cubic meter, not to be exceeded more 

than once per year." SR at 3; see 35 Ill. Adm. Code 243.120(a)(2), Prop. at 5. The Agency 

proposes to re-codify that daily standard from subsection (a)(2) to subsection (a). Prop. at 5. 

Proposed Section 243.120a PM,.s 

The Agency proposes to add to Part 243 a new section addressing PM2.

5. Prop. at 5; see 

SR at 2. The Agency notes that US EPA has "lowered the annual arithmetic mean concentration 

[ofPMzs] to 15 micrograms per cubic meter." SR at 2, citing 62 Fed. Reg. 38652 (July 18, 

1997). The Agency proposes a new Section 243.120a(a)(l) reflecting this USEPA standard. 

Prop. at 5. The Agency states that USEPA more recently established "a maximum 24-hour 

concentration of 35 micrograms per cubic meter." SR at 2, citing 73 Fed. Reg. 61144 (Oct. 17, 

2006). The Agency further states that this concentration is "to be calculated at the 98th 

percentile value, as determined by 40 C.F.R. Part 50, Appendix N." SR at 2. The Agency 

proposes language reflecting these USEPA actions. Prop. at 5 (proposed Section 

243.120a(a)(2)). The Agency also provides a measurement method for determining compliance 

with these standards and a reference to "[t]he computations necessary for analyzing particulate 

matter to determine attainment. ... " Prop. at 5 (proposed Section 243.120a(b), citing 40 C.F.R. 

50, Appendices L, N). 

Section 243.125 Ozone 

Section 243.125 now provides ambient air quality standards for ozone expressed in terms 

of a "maximum !-hour concentration not to be exceeded on more than one day per year." 35 Ill. 

Adm. Code 243.125(a). The section also provides a measurement method for determining 

compliance. 35 Jll. Adm. Code 243.125(b ), citing 40 C.F .R. 50, Appendix D (1982). 
8 

The Agency first proposes to amend this section to reflect the new NAAQS for ozone. 

SR at 2. Specifically, the Agency seeks to revoke the one-hour standard and enact the new eighthour standard. SR at 2, citing 73 Fed. Reg. 16436 (Mar. 27, 2008); see Prop. at 7. That new 

standard for ozone is 0.075 parts per million (ppm) and is based on the fourth-highest daily 

eight-hour value recorded during a calendar year. SR at 2; see Prop. at 7. The Agency also 

specifies measurement methods for determining compliance with the standard. SR 2, citing 40 

C.F.R. Part 50, Section 50.1 (2003), 40 C.F.R. 50, Appendix P, 73 Fed. Reg. 16436 (Mar. 27, 

2008); see Prop. at 7. 

AGENCY'S MOTION TO AMEND ITS PROPOSAL 

On January 20, 2009, the Agency filed a motion to amend its rulemaking proposal. As 

noted above, the Board granted the motion in an order dated February 19, 2009. 

In its motion, the Agency proposes to amend the proposal "to incorporate a new federal 

air quality standard for lead." Mot. Amend at I; see 35 Ill. Adm. Code 243.126 (Lead). The 

Agency states that OSEPA recently adopted a new NAAQS for lead. Mot. Amend at 2, citing 73 

Fed. Reg. 66964 (Nov. 12, 2008). The Agency seeks to amend the standard to "0.15 micrograms 

per cubic meter, as determined as a maximum rolling three month average evaluated over a three 

year period and measured by the atomic absorption spectrometry or equivalent method as 

described in 40 C.F.R. Appendices G and Q." Mot. Amend at 2, 3; see TSD at I. The Agency 

also proposes to amend the incorporations by reference at Section 243.108 in order to include the 

citation to the Federal Register codifying the new lead standard and the citation to the Code of 

Federal Regulations on measurement of ambient lead concentrations. Mot. Amend at 2-3, citing 

40 C.F.R. 50, 51, 53, 58, Appendices G, Q; 73 Fed. Reg. 66964 (Nov. 12, 2008). 

AGENCY TESTIMONY 

In his testimony pre-filed for the first hearing on March 10,2009, Mr. Kaleel stated that 

the Agency sought to amend Part 243 in order to "reflect revised NAAQS for ozone, particulate 

matter, and lead." Kaleel Test. at 1-2, citing 73 Fed. Reg. 66964 (Nov. 12, 2008) (lead); 73 Fed. 

Reg. 16436 (Mar. 27, 2008) (ozone); 71 Fed. Reg. 61144 (Oct. 17, 2006) (PMw, PMzs); 62 Fed. 

Reg. 38652 (July 18, 1997) (PM25); see also SR at 1-3; TSD at 1-3. 

At the first hearing, counsel for I ERG noted that OSEPA establishes NAAQS for specific 

pollutants and asked whether the Agency had performed any analysis of its own to determine 

whether different levels should be set for those standards in Illinois. Tr.l at 9. Mr. Kaleel stated 

that the Agency relies on OS EPA and had not performed an independent review of the federal 

standards. !d. Acknowledging that the standards for ozone and PM2.s have been appealed, Mr. 

Kaleel agreed that, if either of those standards changed as a result of appeal, the Agency would 

begin to incorporate those changes. !d. at I 0. He also noted that, because the proposed primary 

and secondary standard are identical to one another, there is now no need to distinguish them 

from one another. !d. at 11; see Errata at 3, 5 (designating standard as "primary and 

secondary"). 
9 

Counsel for I ERG also noted that Agency had not proposed to adopt the 1997 one-hour 

ozone standard into Part 243, even though it was the subject of rulemaking activity and state 

implementation plans. Tr.1 at 12. Mr. Kaleel stated that, while he would have preferred to adopt 

the one-hour standard soon after it was adopted in 1997, it was under legal challenge for many 

years. !d. at 13. He noted that, even if that standard is not included in Part 243, Illinois has an 

obligation under federal law to address it. !d. 

Addressing the PM10 standard, counsel for 1ERG noted that the Agency's proposal did 

not explicitly include the language of the federal standard at 40 C.F.R. 50.6(a). Tr.1 at 15-16; 

see Ex h. I at 2. Mr. Kaleel opined that the Agency's proposal was consistent with the federal 

standard but expressed a willingness to offer any necessary clarifying language. !d. at 16 (noting 

operation of Appendix K); see Errata at 3 (amending Section 243.120(a)). 

Addressing the PM2.5 standard, counsel for I ERG noted that the Agency's proposal refers 

to a standard of 15 micrograms per cubic meter while the federal standard is 15.0. Tr.1 at 16-17; 

see Exh. I at 3 ( 40 C.F .R. 50.7). I ERG also claimed that it was "not immediately evident" 

whether Appendix N applied to demonstrating compliance with both the 24-hour and annual 

standards. Tr.l at 17. Responding, Mr. Kaleel first acknowledged that, as a result of rounding 

issues, the difference between 15 and 15.0 "could conceivably have a substantive effect." !d. at 

18. Accordingly, he indicated that the Agency "probably would intend to amend that." !d.; see 

Errata at 3. In addition, Mr. Kaleel stated that the Agency's "intent is for Appendix N to apply 

to both [24-hour and annual] standards, and that is consistent with the language in the federal 

standard." Tr.l at 17; see Errata at 4. 

Addressing the ozone standard, !ERG questioned whether the Agency's proposal was 

consistent with the federal standard. Tr.l at 19-20; see Exh. 1 at 4 (40 C.F.R. 50.10). Mr. Kaleel 

stated that the Agency intended that the two provisions match one another and would review 

them in that light. Tr.l at 20; see Errata at 5. 

With regard to the lead standard, Mr. Kaleel indicated that USEPA adopted a single 

primary and secondary standard. Tr.l at 21. Also, !ERG questioned why the Agency's proposal 

did not include Appendix R, which provides measurement methods. !d., citing 73 Fed. Reg. 

60752 (Nov. 12, 2008) ( 40 C.F .R. 50.16). Mr. Kaleel responded that the Agency would 

determine whether an amendment would be appropriate. Tr.l at 22; see Errata at 5 (adding 

reference to Appendix R). 

!ERG also noted other state air quality standards that are not exactly consistent with the 

corresponding federal standard. !ERG first claimed that there are "substantial differences" 

between the state and federal sulfur dioxide standards. Tr.1 at 22-23; compare Exh. 1 at 1-2 ( 40 

C.F.R 50.4, 50.5) and 35 Ill. Adm. Code 243.122. Mr. Kaleel noted that the state sulfur dioxide 

standard has existed "for many years" and that all oflllinois attains both standards. Tr.1 at 23, 

26. He stated that the Agency did not intend to amend the standard and was not proposing any 

change to it. !d. 

!ERG also noted that the federal and state carbon monoxide standards are not identical. 

!d. at 23-24; compare Exh. 1 at 3 (40 C.F.R. 50.8) and351Jl. Adm. Code 243.123. !ERG stated 
10 

that the federal standard is expressed in ppm and the state standard is expressed in milligrams per 

cubic meter. Tr.l at 23. Mr. Kaleel stated that the federal and state regulations refer to the 

standard in terms of both ppm and milligrams per cubic meter. Jd. at 24. Mr. Kaleel testified 

that he didn't see a need to revise this language and that the Agency proposed no change to it. 

!d. 

Responding to an !ERG question about the state nitrogen oxide standards, Mr. Kaleel 

stated that it had been in place "for a very long time" and that the Agency proposed no change to 

it. Jd. at 25; see 40 C.F.R. 50.11, 35 Ill. Adm. Code 243.124. He indicated that, ifUSEPA 

amends those standards, "we will revisit those, but we don't intend to do so at this time." Tr.J at 

25. 

AGENCY'S ERRATA SHEET 

On April 14, 2009, the Agency filed its first errata sheet, which proposed amendments to 

the text of rules it had submitted to the Board. Errata at I. 

First, the Agency proposed to amend the table of contents ofPart243. Errata at 1-2. 

Noting that it had originally proposed to codify PM25 standards in a new section numbered 120a, 

the Agency sought to "resolve any questions over the propriety of using an 'a' in a section 

number." !d. at I; see Tr.l at 18-19. Accordingly, the Agency struck the proposed Section 

243.120a and simply incorporated the PM25 provisions into the existing PM10 provisions at 

Section 243.120. Errata at 3-4. 

Second, the Agency sought to amend the incorporations by reference at Section '243.1 08 

by adding 40 C.F.R. 50, Appendix R. Errata 1 at 2, 3; see Tr.l at 22. The Agency argues that 

this amendment is necessary because of changes made to the NAAQS for lead. !d. at 2. The 

Agency states that "Appendix R to 40 C.F.R. 50 contains the Interpretation of the National 

Ambient Air Quality Standards for Lead." !d. 

Third, the Agency proposes to include language originally proposed as Section 243.120a 

as Sections 243.120(c) and (d). Errata at 3-4; see Tr.l at 18-19. The Agency also amended 

language regarding both PM2.5 and PM10 in order to make it more consistent with the 

corresponding provisions of the Code of Federal Regulations. Errata at 3; see Tr.l at 15-17. 

Fourth, the Agency proposes to amend Section 243.125 addressing ozone "so that it more 

closely tracks the provisions in the Code of Federal Regulations, Part 50." Errata at 4-5. Fifth, 

the Agency also seeks to amend Section 243.126 addressing lead so that its language is more 

consistent with the provisions of the Federal Register. !d. at 5, citing 73 Fed. Reg. 16436 (Nov. 

12, 2008); see Tr.l at I 9-20. 

In his testimony on behalf of IERG at the second hearing, Mr. Kolaz stated that the errata 

sheet "is proposing changes that appear to better conform the Agency's proposed revisions to the 

USEPA's national ambient air quality standards in order to ensure that such standards are 

identical in substance." Tr.2 at 10. 
II 

IERG TESTIMONY 

In pre-filed testimony on behalf of I ERG, Mr. Kolaz recognized the Agency's stated 

purpose of amending Part 243 to conform to NAAQS. Kolaz Test. at I, 2; see SR at 1-2, TSD at 

I, Tr.l at 8-9. Specifically, !ERG noted that the Agency proposed to amend Illinois standards 

for ozone, particulate matter, and lead. Kolaz Test. at 2. In addition to those amendments 

proposed by the Agency, !ERG offered proposed additional changes that "should be part of the 

clean up included in this rulemaking. Id; see Exh. 4. Specifically, !ERG states that "USEPA 

has also made changes to the air quality standards for sulfur dioxides, nitrogen dioxide and 

carbon monoxide prior to 1997, which should be addressed in this rulemaking." Kolaz Test. at 2. 

The Board summarizes addresses Mr. Kolaz's testimony on behalf of!ERG on each of 

these three proposed amendments in the subsections below. 

Sulfur Oxides (Section 243.122) 

Mr. Kolaz argues that the federal and state sulfur oxides standards are "substantially 

different" from one another. Kolaz Test. at 2; see id., Att. I (comparison). Although he 

acknowledges that USEPA has not modified the NAAQS for sulfur oxides since 1996, USEPA 

has made technical changes. !d., citing 61 Fed. Reg. 25566 (May 22, 1996). IERG argues that 

these technical changes "must now be made to the Illinois sulfur oxide standard to avoid 

confusion and possible misinterpretation of the State standard." Kolaz Test. at 2; see Tr.2 at 32-

33. 

First, !ERG states that US EPA has added language providing that "the block averaging 

convention will be retained." Kolaz Test. at 3, citing 61 Fed Reg. 25576 (May 22, 1996); see 

Kolaz Test., Att. I, citing 40 C.F.R. 50.4; Tr. 2 at II. IERG argues that US EPA explains this 

convention in the following terms: "[u]nder the block convention, periods such as 24 hours and 

3 hours are measured sequentially and do not overlap; when one averaging period ends, the next 

begins." Kolaz Test. at 3, citing 61 Fed. Reg. 25576 (May 22, 1996). !ERG further argues that 

USEPA has concluded that, "[g]iven a fixed standard level, the use of the alternative, running 

averages, would represent a tightening of the standards." Kolaz Test. at 3, citing 61 Fed. Reg. 

25576 (May 22, 1996) (citations omitted). !ERG claims that USEPA retained the block 

averaging convention after determining that "protection of the public health and welfare does not 

require tightening the existing standards. Therefore, [US]EPA will retain the block averaging 

convention for the 24-hour, 3-hour, and annual standards." Kolaz Test. at 3, citing 61 Fed. Reg. 

25576 (May 22, 1996). 

In his testimony on behalf of !ERG at the second hearing, Mr. Kolaz addressed the 

difference between block averaging and running averages by discussing a single monitoring site. 

See Tr.2 at 11-12. He noted that the Agency "reports two exceedances of the State's 24-hour 

sulfur oxide standard at its Pekin monitoring site based on running averages rather than block 

averages." Tr.2 at 11, citing Exh. 2 (Table B8). He stated that "[t]wo exceedances represent a 

violation of both the state and federal air quality standards." Tr.2 at 11; see 40 C.F.R. 50.4(b), 

35 Ill. Adm. Code 243.122. When these data were submitted to it, "the USEPA summarized the 

same data using block averages and concluded there was only one exceedance. Since one 
12 

exceedance does not constitute a violation according to both the federal and state sulfur oxide air 

quality standard, the US EPA concluded that the sulfur oxide standard was not violated in Pekin." 

Tr.2 at 12, citing Exh. 3. He argued that the three-hour averages reported by USEPA and the 

Agency also do not match "because of the discrepancy between block averages and running 

averages." Tr.2 at 12; see Exhs. 2, 3. 

In response to questions at the second hearing, Mr. Kolaz indicated that initial methods 

for monitoring sulfur dioxide gathered only 24-hour samples and effectively allowed only block 

averaging. Tr.2 at I 6. He acknowledged that, by the 1970s, monitoring technology improved 

and became sophisticated enough to collect smaller samples and allow smaller averaging times. 

I d. at 17. He agreed that, at about that time, the Agency began using running averages to 

interpret the sulfur dioxide standard and has continued to do so. I d. at 16, 36. He further agreed 

that, in determining compliance with air quality standards, the use of running averages is more 

stringent than block averages and is allowed by US EPA. /d. at 17-18. Nonetheless, he 

suggested that !ERG's proposal would address vagueness that results from differences between 

the federal and state standards. Jd. at 19,26-28. 

Second, !ERG argues that USEPA has clarified the sulfur oxides standard by stating it in 

terms of ppm instead of micrograms per cubic meter. Kolaz Test. at 3, see id, Att. I 

(comparison), Tr.2 at 22. !ERG notes that the Agency's 2007 Illinois Annual Air Quality Report 

expresses standards for pollutants including sulfur oxides in terms of ppm. I d., see Exh. 2. 

!ERG claims that "[t]here is no reason to continue to show the State standards in terms of 

micrograms per cubic meter. This can cause confusion and errors if the data are converted to 

micrograms per cubic meter, and then compared to the standard." Kolaz Test. at 3. 

!ERG elaborates that "[t]he number of significant digits of the sulfur oxides standard 

expressed as 365 micrograms per cubic meter provides a different result than the standard 

expressed as 0.14 parts per million." Kolaz Test. at 3; see Tr.2 at 24. !ERG argues that, 

although a value of 366 micrograms per cubic meter would exceed the State sulfur oxides 

standard, that value converts to 0.138 ppm. Kolaz Test. at 4. IERG further argues that, ifthat 

converted figure is appropriately rounded to 0.14 ppm, it arguably satisfies the federal standard 

expressed in those terms. I d.; see Tr.2 at 21-22,24. IERG claims that these conflicting 

conclusions led USEPA to express the sulfur oxides standards only in terms of ppm and that the 

Board should do the same in order to avoid possible confusion. Kolaz Test. at 4; Tr.2 at 22. 

In response to questions at the second hearing, Mr. Kolaz acknowledged that the state 

standard is stricter than the federal standard, which is allowed under the Clean Air Act. Tr.2 at 

25. Although he acknowledged that micrograms per cubic meter may be used for the purpose of 

modeling to prepare for an attainment demonstration, he suggests that state standard expressed in 

those terms does not compare exactly to the federal standard expressed in ppm. Tr. 2 at 23-24. 

Third, IERG argues that USEPA has adopted clarifications regarding "rounding 

conventions and data completeness and handling conventions." Kolaz Test. at 4; see id., Att 1 

(comparison). !ERG claims that the Agency "is incorporating these same types of details into 

the changes to the standards it is proposing. Therefore, it seems reasonable to take this 

opportunity to 'clean-up' the sulfur oxides standard as well." /d. !ERG argues that these 
13 

amendments would make the state standards clearer. Jd.; see Exh. 4 at 1-2 (proposing language 

for revisions of Section 243.122). 

In his testimony on behalf of IERG at the second hearing, Mr. Kolaz addressed the issue 

of rounding conventions. He stressed that the Agency reports 0.004 ppm sulfur dioxide as the 

annual average at its Pekin monitoring location. Tr.2 at I 3, citing Exh. 2. He states that, relying 

on the same data, USEPA reports a value of0.005 ppm. Tr.2 at 13; see Exh. 3. Although 

acknowledging that this difference could result from an error, he states that it might be attributed 

to a rounding convention. Tr.2 at 13. He further states that "USEPA reports the annual average 

value as 0.0048 parts per million and then rounds it to 0.005 parts per million." !d. He argues 

that "[t]he rounding convention in the USEPA rule clearly illustrates how this is to be done, and 

no such convention exists in the current rule for sulfur oxides, nitrogen dioxide or carbon 

monoxide." Jd. 

Also in his testimony, Mr. Kolaz agreed that the state had found that the state S02 

standard had been exceeded at a monitoring site in Pekin. Tr.2 at 25. He indicated that a firm 

named Aventine, a member oflERG located in Pekin, has discussed these exceedances with the 

Agency. Jd. Mr. Kolaz also agreed that, if the Agency interpreted the sulfur oxides standard as 

proposed by IERG, it would "affect the determination of whether or not the S02 standard was 

violated in Pekin." ld. at 26. However, he argues that the original intent of the state standard is 

to be identical to the federal standard. Jd. at 27-28. 

Nitrogen Dioxide (Section 243.124) 

!ERG notes that the current state nitrogen dioxide standard is expressed in terms of 

micrograms per cubic meter. Kolaz Test. at 4, citing 35 Ill. Adm. Code 243.124(a). !ERG also 

notes that US EPA has amended the federal standard "to state the standard in terms of parts per 

million, and show the micrograms per cubic meter equivalent parenthetically." Kolaz Test. at 4; 

see id., Att. 2 (comparison). In addition, !ERG states that the federal standard "includes the 

same type of rounding conventions and data completeness and handling conventions described 

for the sulfur oxides standard." ld. at 5. !ERG favors amending the State standard to better 

conform to the federal standard, although it asks that the standard not be expressed in terms of 

micrograms per cubic meter. Jd. IERG argues that this amendment reflects the Agency's own 

practice, as reflected in its 2007 Illinois Annual Air Quality Report. Jd.; see Exh. 2; Tr.2 at 28. 

In responding to questions at the second hearing, Mr. Kolaz acknowledged that 

preparation of attainment demonstrations may use micrograms per cubic meter. Tr.2 at 28-29. 

He also acknowledged that relying solely on ppm and incorporating the proposed rounding 

conventions would make the current form of the state standard less stringent. Tr.2 at 29 

!ERG also stresses that "US EPA is under a judicial consent decree that requires the 

USEPA to propose, by June 26, 2009, whether the nitrogen dioxide standards should be revised." 

Kolaz Test. at 5. IERG argues that USEPA must issue a final rule addressing this issue by 

January 22,2010. ld. Although it acknowledges that such a rule may necessitate amendments to 

the federal regulation, "in the meantime, the State standard would better reflect the current status 
14 

if the changes !ERG suggests are made." !d.; see Ex h. 4 at 4 (proposing language for revisions 

of Section 243.124). 

Carbon Monoxide (Section 243.123) 

!ERG notes that, while the federal carbon monoxide air quality standard is expressed in 

ppm and only parenthetically in milligrams per cubic meter, "[t]he Illinois standard is shown in 

tem1s of milligrams per cubic meter and parenthetically as parts per million." Kolaz Test. at 5-6; 

see 35 Ill. Adm. Code 243.123; Tr.2 at 29. !ERG also notes that the federal standard includes 

"the same type of rounding conventions and data completeness and handling conventions 

described previously for the sulfur oxides and nitrogen dioxide standards." !d. at 5; see id., Att. 

3, citing 40 C.F.R. 50.8. 

!ERG recommends that the Board amend the State standard to conform to the federal 

standard, "with the exception that the standard not be expressed in milligrams per cubic meter." 

Kolaz Test. at 6. !ERG argues that this single exception "will better represent the current 

thinking of the USEPA as expressed in its air quality standard setting actions conducted since the 

time the carbon monoxide standard was last revised." Jd., see Tr.2 at 30-31 (supporting 

exception). IERG further argues that this amendment reflects the Agency's own practice, as 

reflected in its 2007 Illinois Annual Air Quality Report showing this standard in ppm. Jd.; see 

Exh. 2; Exh. 4 at 3 (proposing language for revision of Section 243.123); Tr. 2 at 34. 

In responding to questions at the second hearing, Mr. Kolaz acknowledged that modeling 

performed for the purpose of an attainment demonstration may use micrograms per cubic meter. 

Tr.2 at 30. However, he stated that "compliance with the standard is determined by monitoring, 

and monitoring uses parts per million." !d. Mr. Kolaz also agreed that relying solely on ppm 

and incorporating rounding conventions would make the state standard less stringent than its 

current form. I d. 

Summary ofiERG Testimony 

!ERG expresses support for the steps taken by the Agency and the Board toward 

"cleaning-up" Illinois' air quality standards by making them more consistent with federal 

standards. Kolaz Test. at 6; see Tr.2 at I 0. However, !ERG favors additional amendments to the 

standards for sulfur oxides, nitrogen dioxide, and carbon monoxide as described above "to help 

avoid any possibility of misinterpretation." Kolaz Test. at 6; Tr.2 at 10, 13, 34; see Exh. 4. 

SUMMARY OF POST -HEARING COMMENTS 

Agency's Corrected Comments (PC 3) 

The Agency states that it filed this rulemaking proposal to update certain air quality 

standards, including PM2_5, lead, 8-hour ozone, and !-hour ozone, that had been amended 

through federal rulemaking. PC 3 at I. The Agency's Statement of Reasons indicated that the 

proposal "has no real impact upon sources as it is currently federal law." !d. at 2, citing SR at 4. 

The Agency argues, however, that !ERG's proposed language would have substantive effects, 
15 

including "that of relieving one of the members from liability by the Illinois EPA." PC 3 at 2. 

The Agency also argues that JERG' proposal would reverse a state policy of30 years' duration 

and weaken state air quality standards. !d. The Agency suggests that amendments of this 

magnitude should require greater outreach and participation. Jd. 

The Agency argues that it never intended to make every standard in Part 243 identical to 

the Code ofF ederal Regulations. I d. The Agency cites the testimony of Mr. Kaleel, who stated 

that the proposal intended only to adopt revised NAAQS promulgated by USEPA. PC 3 at 2, 

citing Kaleel Test. at I -2. The Agency stresses Mr. Kaleel's testimony at the first hearing, 

during which he stated that the Agency intended no changes to the Part 243 standards for sulfur 

oxides, nitrogen dioxide, and carbon monoxide. PC 3 at 2-3, citing Tr.l at 23-25. 

The Agency specifically addresses !ERG's proposal to change the averaging 

methodology for sulfur oxides from running averages to block averaging. The Agency argues 

that "[i]t has long been agreed that running averaging is slightly more stringent than block 

averaging." PC 3 at 4, citing PPG Indus. v. Castle, 659 F.2d 123, 1250 (D.C. Cir. 1981). Mr. 

Kolaz acknowledges that the Agency has required running averages for 30 years. PC 3 at 2, 

citing Tr. 2 at 15-18. The Agency suggests that a policy of this duration reflects some intent and 

that amending it would cause confusion. PC 3 at 2. 

The Agency further argues that various authorities allow the use of running averages. 

The Agency claims that, even when USEPA guidance in 1986 indicated a preference that states 

use block averaging, it specifically stated that states could develop more stringent standards such 

as running averaging. PC 3 at 3-4, citing Block Averages in Implementing S02 NAAQS. The 

Agency also claims that courts have allowed both forms of averaging. PC 3 at 3, citing NRDC v. 

Thomas, 845 F .2d I 088, I 091 (D.C. Cir. 1988). The Agency further claims that US EPA has not 

proscribed running averaging. PC 3 at 4, citing 61 Fed. Reg. 2556 (May 22, 1996), 54 Fed. Reg. 

234 79-80 (June I, 1989). The Agency concludes that it has consistently used running averaging 

in spite of litigation and debate at the federal level. PC 3 at 4. "Thus, there has never been any 

confusion in Illinois about what monitoring method is to be used for S02 or what would cause a 

violation of the S02 standard in Illinois." I d. 

The Agency continues by noting that its Pekin monitoring station recorded two 

exceedances of the 24-hour S02 NAAQS. PC 3 at 4. The Agency claims that, "[u]sing running 

averages, these two exceedances constitute a violation of the NAAQS, but using block averages, 

they do not." Jd. at 4-5. The Agency states that it has identified as the primary contributing 

source of the violation as Aventine, a Pekin company. Jd. The Agency states that is now 

discussing a reduction of S02 emissions with Aventine. I d. The Agency argues that the change 

to block averaging proposed by IERG would relax the sulfur oxide standard for all sources and 

relieve Aventine of any obligation it might have to reduce its S02 emissions. Jd. 

The Agency also addresses IERG's proposal regarding the numerical values used to 

express air quality standards. The Agency argues that removing values expressed as micrograms 

or milligrams per cubic meter would make the state's nitrogen dioxide and carbon monoxide 

standards different from the federal standards. PC 3 at 5. The Agency argues that this is 

inconsistent with !ERG's proposal that the sulfur oxides standard be identical to the federal 
16 

standard. Jd. The Agency requests that the Board retain values expressed in terms of 

micrograms or milligrams per cubic meter and in terms of ppm. ld. The Agency argues that 

"[b)oth units are used routinely." Jd. While the Agency acknowledges that monitoring data is 

typically reported in terms of ppm, it states that modeling for permits under the Prevention of 

Significant Deterioration program and for attainment demonstrations is designed to calculate 

micrograms per cubic meter. !d. at 5-6. 

Concluding, the Agency states that its proposal intends only to update Part 243 with new 

NAAQS and not to include substantive changes that states may impose in the exercise of their 

discretion. PC 3 at 6. The Agency requests that the Board decline to adopt !ERG's suggestions 

for block averaging and for the units in which Part 243 expresses air quality standards .. !d. The 

Agency further requests that the Board adopt the Agency's proposal for first notice. Jd. 

IERG !PC 2) 

!ERG notes that the Agency has proposed to amend state air quality standards for 

particulate matter, ozone and lead in order to reflect federal standards for the same pollutants. 

PC 2 at I, citing SR at 4. I ERG further notes that the Agency has revised its proposal to follow 

those federal provisions more closely. PC 2 at 1-2; see Errata. IERG states that it "supports the 

desire of the Illinois EPA to adopt standards in Illinois that are identical in substance to the 

NAAQS." PC 2 at 2. IERG suggests that this desire is consistent with intent expressed in 

previous Agency and Board actions. ld., citing Proposed Air Quality Standards, R72-7, slip op. 

at 4-5 (July 10, 1975). IERG states that it "supports the Agency's proposal, but would further 

encourage the Agency and the Board to take this opportunity to update the standards for sulfur 

oxides, nitrogen dioxide, and carbon monoxide as well." PC 2 at 2. 

On a section-by-section basis below, the Board summarizes !ERG's comments on each 

specific air quality standard it addresses. 

Section 243.120 PM 10 and PMz.; 

!ERG suggests changes to the Agency's revised proposal. Specifically, regarding PM10 

measurement methods in Section 243. 120(b), !ERG proposes replacing current language 

addressing the computations determining attainment with the following: "[t)he 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 C.F.R. 50, Appendix K. PC 2 at 3; see 35 Ill. Adm. Code 243.120(b). 

Regarding PM2.5 measurement methods in Section 243.120(d), !ERG proposes to add the 

following language: "[c]ompliance with the standards is determined using the methods and 

procedures described in 40 C.F.R. 50, Appendix N (incorporated by reference in Section 

243.108)." PC 2 at4; see 35 Jll. Adm. Code 243.120(d). In Section 243.120(d)(l), !ERG 

proposes to replace the current language addressing the computations determining compliance 

with the following: "[t)he annual primary and secondary PM2.s standards are met when the 

annual arithmetic mean concentration, as determined in accordance with 40 C.F.R. 50, Appendix 

N, is less than or equal to 15.0 J.Ig/mh PC 2 at 4; see 35111. Adm. Code 243.120(c)(l), (d)(l). 
17 

I ERG also proposes to add a new Section 243.120(d)(2) providing in its entirety that "[t]he 24-

hour primary and secondary PM2.5 standards are met when the 98th percentile 24-hour 

concentration, as determined in accordance with 40 C.F.R. 50, Appendix N of this part, is less 

than or equal to 35 11g/m3

." PC 2 at 4; see 35 Ill. Adm. Code 243.120(c)(2). 

Section 243 .. 122 Sulfur Oxides 

I ERG states that, when the Board adopted Illinois' current sulfur oxides standard in 1975, 

it stated that they were "identical to the federal standards." PC 2 at 5, citing Proposed Air 

Quality Standards, R72-7, slip op. at 14 (July I 0, 1975); see 35 Ill. Adm. Code 243.122. !ERG 

further states that a US EPA review "determined that revisions of the standards were not 

warranted, other than several minor technical changes." PC 2 at 5, citing 61 Fed. Reg. 25566 

(May 22, 1996). I ERG identifies these changes as "restating the primary and secondary 

standards in terms of parts per million rather than micrograms per cubic meter, adding explicit 

rounding conventions, and specifying data completeness and handling conventions." PC 2 at 6. 

!ERG argues that USEPA intended "to retain the block averaging convention for the 24-hour, 

annual, and 3-hour standards .... " !d., citing 61 Fed. Reg. 25576 (May 22, 1996). 

!EPA acknowledges that, while Illinois' sulfur oxides standard is expressed in terms of 

micrograms per cubic meter, it is also expressed parenthetically in ppm. PC 2 at 6. !ERG states, 

however, that the standard should "be stated solely in terms of parts per mi Ilion to be consistent 

with, and improve understanding of, U.S. EPA's 1996 determination." !d. !ERG argues that, 

because the two units of measurement differ in the number of significant digits, the application 

of rounding conventions "can result in misinterpretation of data." !d. !ERG further argues that, 

"for the purpose of its own data handling, the Agency measures, interprets, and reports sulfur 

dioxide data in terms ofparts per million." !d. IERG also discounts the Agency's apparent 

concern that expressing the standard in ppm would jeopardize its modeling program. !ERG 

claims that "[t]he modeling program is a planning tool and is not a recognized protocol for 

determining compliance with the air quality standards. Whether the State's air quality standards 

are expressed in parts per mil.lion or micrograms per cubic meter should have no impact on the 

Agency's ability to conduct modeling." !d. 

IERG states that the sulfur oxides rule should address the rounding convention. PC 2 at 

7. JERG argues that USEPA "amended its rule to clarify that the convention-- to three decimal 

places (fractional parts equal to or greater than 0.0005 ppm shall be rounded up)-- is applicable 

to the primary annual sulfur oxide NAAQS." ld., citing 40 C.F.R. 50.4(a, b), 50.5(a). !ERG 

claims that applying this convention will clarify the rule, avoid the risk of confusion, and "result. 

in the codification of the method the Agency currently uses." PC 2 at 7. 

!ERG also states that USEPA has also clarified the sulfur oxide NAAQS by "specifying 

data completeness and data handling criteria." PC 2 at 7. !ERG argues that federal regulations 

provide "that at least 18 of 24 hourly values must be available to compute a 24 hour average" 

and that specify "how missing data and other similar issues are to be handled." !d., citing 40 

C.F.R. 50.4(d). !ERG claims that adopting these conventions "would simply formalize the 

current practice the Agency follows." PC 2 at 7. 
18 

!ERG states the US EPA has also addressed the issue of whether to apply block averaging 

or running averages. IERG cites USEPA's statement that, "[a]lthough the wording of the 

original 24-hour, 3-hour, and annual S02 standards was ambiguous on the matter, the earliest 

actions of the EPA signify that the block averaging convention was intended for these standards 

(OAQPS, 1986), and block averages have generally been used in implementing the standards." 

PC 2 at 7-8, citing 58 Fed. Reg. 58958 (Nov. 15, 1994). IERG argues that USEPA has clarified 

the NAAQS by providing that "24-hour averages shall be determined from successive 

nonoverlapping 24-hour blocks starting at midnight each calendar day .... " PC 2 at 8, citing 40 

C.F.R. 50.4(b). IERG further argues that USEPA employs a similar averaging periods for annual 

and 3-hour standards. PC 2 at 8. 

!ERG assets that Illinois' sulfur oxides standard is "ambiguous' on the issue of averaging 

time. PC 2 at 8. !ERG indicates that, while the Agency interprets data using running average 

time periods, USEPA relies upon block averages. !d., citing Tr.2 at 11-14; Exhs. 2, 3; Kolaz 

Test. at 2-3. !ERG argues that USEPA explicitly recognizes that applying running averages in 

place of block averages "would represent at tightening of the standards .... " !d., citing 61 Fed. 

Reg. 25576 (May 22, 1996). While IERG acknowledges that states may adopt regulations more 

stringent than federal requirements, it suggests that the Agency has not explicitly sought or 

justified a more stringent state standard based on running averages. See PC 2 at 8-9. 

Section 243.123 Carbon Monoxide 

!ERG notes that, when USEPA last amended its carbon monoxide standard, it expressed 

it in terms of ppm and only parenthetically in terms of micrograms per cubic liter. PC 2 at I 0, 

citing 50 Fed. Reg. at 37501 (Sept. 13, 1985). !ERG states that that amendment "also updated 

the standard to include data completeness and handl.ing criteria." PC 2 at I 0. IERG 

acknowledges that the revision did not refer to block averages but states that USEPA "uses a 

running non-overlapping approach to interpreting compliance with the 8-hour standard." !d. 

!ERG requests that this standard be expressed only in terms of ppm, that it include the rounding 

convention, data completeness, and data handling elements of the federal rule, and that it specify 

"that the 8-hour standard is determined using non-overlapping running averages." !d. 

Section 243.124 Nitrogen Dioxide 

!ERG states that USEPA last updated the nitrogen dioxide standard in 1985. PC 2 at 9, 

citing 50 Fed. Reg. 25544 (June 19, 1985). !ERG further states that "[t]he standard includes 

block averaging, rounding convention, and data completeness and handling methodologies 

similar in concept" to provisions applicable to sulfur oxides. PC 2 at 9. !ERG also states that 

US EPA expresses the standard in terms of ppm and only parenthetically in terms of micrograms 

per cubic meter. !d. !ERG notes that, "[i]n stating the parts per million standard, the U.S. EPA 

included an additional significant digit, expressing it as 0.053, instead of0.05, parts per million." 

!d. 

!ERG emphasizes that the Agency's air quality reports employ a ppm standard. PC 2 at 

9, citing Tr.2 at 29, Kolaz Test. at 4-5. IERG requests that the Board amend the nitrogen dioxide 

standard by stating it solely in ppm. PC 2 at 9. IERG argues that the parenthetical reference to 
19 

micrograms per liter "does nothing to add clarity" and is inconsistent with USEPA 's practice of 

relying solely on standards expressed in terms of ppm. Jd. at 9-10, citing 73 Fed. Reg. 16436 

(Mar. 27, 2008) (ozone standard); 62 Fed. Reg. 38856 (July 18, 1997) (8-hour ozone NAAQS); 

61 Fed. Reg. 25566 (May 22, 1996) (sulfur oxides). !ERG concludes that expressing Illinois' 

standard solely in terms of ppm "will not create a substantive inconsistency between the State 

and federal standards." PC 2 at l 0. 

Section 243.125 Ozone 

On measurement methods for the 8-hour ozone standards in Section 243.125(b), !ERG 

proposes to replace current language addressing conformance with the standard with the 

following: "[t]he 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 C.F.R. 50, Appendix P." PC 2 at 4; see 35 

Ill. Adm. Code 243.125(b). 

Section 243.126 Lead 

!ERG proposes to amend the current lead standard under Section 243.126(a) so that it 

provides in its entirety that "[t]he primary and secondary ambient air quality standards for lead 

and its compounds are 0.15 micrograms per cubic meter, maximum arithmetic mean over a 

rolling three calendar month period measured and determined over a three year period." PC 2 at 

5; see 35 Ill. Adm. Code 243.126(a). IERG also proposes to amend Section 243.126(b) 

regarding measurement methods for determining conformance with the standards so that it 

provides in its entirety that, 

[t]or determining compliance with the ambient air quality standards for lead and 

its compounds, lead and its compounds shall be measured by a reference method 

based on 40 C.F .R. 50, Appendix G or Appendix Q and designated in accordance 

with 40 C.F.R. 53 or an equivalent method designated in accordance with 40 

C.F.R. 53, as incorporated by reference in Section 243.108 of this Part. The 

primary and secondary ambient air quality standards are met when the maximum 

arithmetic 3-month mean concentration for a 3-year period is less than or equal to 

0.15 micrograms per cubic meter as determined in accordance with 40 C.F.R. 50, 

Appendix R incorporated by reference in Section 243.108 of this Part. PC 2 at 5; 

see35 Ill. Adm. Code 243.126(b). 

Summary 

IERG states that it supports the Agency's update ofthe Board air quality standards. PC 2 

at 11. IERG favors additional amendments to the sulfur oxides, nitrogen dioxide, and carbon 

monoxide regulations with the intent of making the federal and state regulations conform more 

closely to one another. !d. at II, 12. IERG argues that its proposed additional amendments 

"will afford the public and the regulated community a much clearer understanding of the State's 

air quality standards." Jd. at 11. Although !ERG acknowledges that its proposal would require 

the Agency to adopt block averaging for interpreting the sulfur oxides standards, !ERG claims 
20 

that its proposal "more accurately reflects the methods and techniques that the Agency uses to 

interpret the standards." ld. 

Agency E-mail (PC 4) 

In e-mail to the hearing officer, the Agency on August 31,2009, forwarded an electronic 

message from counsel for IERG. PC 4. The original message noted that Section 

2I 7.388(a)(2)(B) of the Board's regulations includes a cross-reference to a non-existent Section 

2I 7.386(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. 

DISCUSSION 

Section 217.388 

Above under "Summary of Post-Hearing Comments," the Board noted an Agency 

comment concurring with !ERG that this section includes an incorrect cross-reference. See 35 

Ill. Adm. Code 217.388(a)(2)(B); supra at I 9-20. Having reviewed that provision, the Board 

concurs that it includes a cross-reference to a provision that does not exist and that the comment 

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

air regulations should include that correction offered in the comment and proposes it for first 

notice as suggested. See supra at I 9-20. 

Section 223.205 

Above under "Preliminary Issues," the Board granted the Agency's motion to add a 

proposed amendment to Part 223 for consideration in this docket. Supra at 4-5; see 35 Ill. Adm. 

Code 223.205(a)(2); see generally Mot. Add. The Agency seeks 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 concurs with the Agency's view that this proposed amendment would make 

Part 223 more consistent with regulations adopted in other jurisdictions. See Proposed New 35 

III. 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 concurs 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 finds that the Agency's proposed amendment would 

clarify its YOM emissions regulations and proposes it for first notice as suggested by the 

Agency. 
21 

Part 243 Subpart A: General Provisions 

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

correct typographical errors or correct citations. See SR at 3; Prop. at 2, 3. The Agency has also 

proposed to amend Section 243 .I 07 addressing reference conditions to provide for the 

measurement ofPM2.5. See SR at 2-3;.Prop. at 3. Finally, the Agency proposed to amend 

Section 243.108 to update material incorporated by reference and to incorporate new materials 

pertaining to PM2.5, ozone, and lead by reference. Prop. at 4, Mot. Amend at 2-3, Errata at 2-3. 

The Board finds that the record does not persuasively dispute these proposed amendments and 

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

offered by the Agency for first notice. 

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 PMw and PM2s. 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 errata sheet 

responded to questions at the first hearing by seeking to make this provision more consistent 

with the federal standard. Errata at 3-4; see Tr.l at 12-17. 

In its post-hearing comment, !ERG suggests further amendment. PC 2 at 3-4. While 

!ERG largely accepts the language offered in the Agency's errata sheet, it proposes to amend 

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

Appendix K. PC 2 at 3. Specifically, !ERG proposes that subsection (b) provide in its entirety 

that, 

[f]or determining conformance with the PM10 ambient air quality standards, PMw 

shall be measured by a method described in 40 CFR 50, Appendix J (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 I 50 

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). Jd. 

!ERG also offer amendments to the Agency's proposed subsection (d). Specially, !ERG 

propose that subsection (d) provide in its entirety as follows: 

d) PM2.s Measurement Method. For determining conformance with the 

PM2.s ambient air quality standards, PM2.s shall be measured by the 

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

Section 243.108). Compliance with the standards is detennined using the 

methods and procedures described in 40 CFR 50, Appendix N 

(incorporated by reference in Section 243.1 08). 
22 

I) The annual primary and secondary PM2_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 flg/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 flg/m3

• 

The Board concludes that !ERG's proposed language clarifies these provisions without 

significant substantive revision. In its order below, the Board proposes this language for firstnotice publication. The Board invites comment from the Agency and other participant on the 

issue of this amendment to Section 243.120(b). 

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. 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. 

I at 23. He continued that "it's not our intent to revise that at this time." Id. He further stated 

that the Agency intended to amend Illinois' 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. Mr. Kolaz's testimony states that the last federal revision of this 

standard took place in 1996. Kolaz Test. at 2. 

!ERG has 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 terrns of 

ppm. PC 2 at 6, Kolaz Test. at 3, Tr. 2 at 22. !ERG also argues the state standard should include 

a rounding convention and provisions for data completeness and data handling. PC 2 at 7, Kolaz 

Test. at 4. IERG also claims 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 record 

identifies only a single affected source, Aventine, and does not estimate any economic impact of 

the proposed amendments. See 415 ILCS 5/27(b) (2008); 35 Ill. Adm. Code I 02.202(b ). The 

record also does not clearly project the environmental impact of these provisions. The Agency 

has, for example, argued that the application of block averaging is less stringent than running 

averaging. PC 3 at 3-4. Citing !ERG's reference to Aventine, the Agency suggests that block 

averaging would relax the standard for ail sources and would obviate emission reductions. 

Furthermore, the Agency has stressed that it uses data expressed in terms of micrograms per 

cubic meter is making attainment demonstrations. Accordingly, the Board declines to propose 

the language suggested by !ERG for first-notice publication. 
23 

Section 243.123 Carbon Monoxide 

The Agency's original proposal included no revision to this section. Prop. at 6; see also . 

Mot. Amend, Errata. 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 Illinois' 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 

provide the standard only in terms of ppm. Kolaz Test. at 6. IERG also argues that the Board 

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

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

non-overlapping running averages. PC 2 at I 0. 

Regarding the amendments to the carbon monoxide standard proposed by IERG, the 

record does not clearly identify sources that may be affected or estimate any economic impact of 

the amendments upon them. See 415JLCS 5/27(b) (2008); 35 III. Adm. Code 102.202(b). The 

record also does not clearly project the environmental impact of these provisions, and the 

Agency has, for example, argued that the application of block averaging is less stringent than 

running averaging. Accordingly, the Board declines to propose the language by IERG for firstnotice publication. 

Section 243.124 Nitrogen Dioxide 

The Agency's original proposal included no revision to this section. Prop. at 7; see also 

Mot. Amend, Errata. 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 Illinois' 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 

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. !ERG recommends that the Board provide the nitrogen dioxide standard only 

in terms of ppm. PC 2 at 9 6. !ERG also notes 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 

record does not clearly identify sources that may be affected or estimate any economic impact of 
24 

the amendments upon them. See 4151LCS 5/27(b) (2008); 35 Ill. Adm. Code 102.202(b). The 

record also does not clearly project the environmental impact of these provisions, and !ERG 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 declines to 

propose the language by !ERG for first-notice publication. 

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 errata sheet proposed 

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

see Tr.l at 19-20. 

In its post-hearing comment, !ERG suggests further amendment. PC 2 at 4. While !ERG 

largely accepts the Agency's errata with regard to subsection (a), it proposes to amend 

subsection (b) regarding demonstrating attainment of the 8-hour ozone standard through 40 

C.F.R. 50, Appendix P. !d. Specifically, !ERG proposes 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 concludes that !ERG's proposed language clarifies this provision without 

significant substantive revision. In its order below, the Board proposes this language for firstnotice publication. The Board invites comment from the Agency and other participant on the 

issue of this amendment to Section 243.125. 

Section 243.126 Lead 

Although the Agency's original proposal suggested only a small number of nonsubstantive changes to this section, its motion to amend filed on June 8, 2009, sought to replace 

the existing lead standard and measurement method with the new standard and measurement. 

Prop. at 7-8; Mot. Amend at I, 3, citing 73 Fed. Reg. 66964 (Nov. 12, 2008). The Agency's 

errata sheet sought to make the proposal more consistent with the revised federal standard. 

Errata at 5, citing 73 Fed. Reg. 66964 (Nov. 12, 2008); see Tr.l at 20-21. 

In its post-hearing comments, !ERG suggests additional amendments. PC 2 at 5. 

However, .!ERG does not support these suggestions with technical support, evidence or 

arguments identifying affected sources, or projected economic or environmental impact. While 
25 

the Board accordingly dedines to adopt the revisions offered, it invites comment by the 

participants on this provision. 

Technical Feasibility and Economic Reasonableness 

As noted above under "Procedural History," 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) (2008). 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. 

In its Statement of Reasons, the Agency 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 

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. 

For the reason stated in the preceding subsections, the Board has proposed for first-notice 

publication language reflecting the Agency's general intent to adopt revised NAAQS 

promulgated by US EPA into Part 243. The Board has 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 concurs with the 

Agency that the proposal in its order below reflects current federal law and that compliance with 

it is both technically feasible and economically reasonable. As the proposed amendments to 

Parts 217 and 223 provide only clarifying technical corrections, the Board concludes that those 

elements of the proposal are also technically feasible and economically reasonable. 

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 cause first-notice publication of the Board's proposal in the Illinois Register, 

which commences a 45-day public comment period. 

ORDER 

The Board directs the Clerk to cause first-notice publication of the following proposed 

amendments to the Board's regulations in the Illinois Register. Proposed additions are 

underlined, and proposed deletions appear stricken. 
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 

Section 

217.160 

217.162 

217.164 

217.165 

217.166 

26 

TITLE 35: ENVIRONMENTAL PROTECTION 

SUBTITLE B: AIR POLLUTION 

CHAPTER 1: POLLUTION CONTROL BOARD 

SUBCHAPTER C: 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: 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 of Fuels 

Methods and Procedures for Combustion Tuning 
Section 

217.180 

21 7 .. 1 82 

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 

Section 

217.301 

Section 

217.340 

217.342 

217.344 

217.345 

27 

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 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 
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 

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 

28 

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 NOx GENERATING UNITS 

Purpose 

Severability 

Applicability 

Compliance Requirements 

Permitting Requirements 

Subpart U NOx Trading Budget 

Methodology for Obtaining NOx Allocations 

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

NOx 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 
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 

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 

29 

SUBPART V: ELECTRIC POWER GENERATION 

Lake of Egypt Power Plant 

Purpose 

Severabi I ity 

Applicability 

Emission Limitations 

NOxAveraging 

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 

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: VOLUNTARY NO. 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 
30 

217.845 

217.850 

217.855 

217.860 

217.865 

Emissions Determination Methods 

Emissions Monitoring 

Reporting 

Recordkeeping 

Enforcement 

Section 217.APPENDIX A 

Section 2.1 7.APPENDIX B 

Section 2 .I 7 .APPENDIX C 

Section 217.APPENDIX D 

Section 217.APPENDIX E 

Section 217.APPENDIX F 

Section 217.APPENDIX G 

the NOx SIP Call 

Section 217.APPENDIX H 

Refineries 

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 

Compliance Dates for Certain Emissions Units at Petroleum 

Autnority: Implementing Sections 9.9 and I 0 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 191, April 13, 1972, filed and effective April 14, 1972; amended at 2 Ill. Reg. 17, p. I 01, 

effective April 13, 1978; codified at 7 Ill. Reg. 13609; amended in RO 1-9 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-I6 and ROI-17 at 25 Ill. Reg. 5914, effective April 17, 2001; amended in R07-

18 at 31 Ill. Reg. 14254, effective September 25, 2007; amended in R07-19 at 33 Ill. Reg. I 1999, 

effective August 6, 2009; amended in R08-19 at 33 Ill. Reg. 13345, effective August 31, 2009; 

amended in R09-20 at 33 Ill. Reg. 15754, effective November 2, 2009; amended in R09-19 at 35 

111. Reg. __ , effective __ . 

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 NOx to no more than: 

A) 150 ppmv (corrected to 15 percent 0 2 on a dry basis) for sparkignited rich-burn engines; 
31 

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 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(t), 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 100 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 
32 

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 

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

b) Owners and operators of affected units may change the method of com pi iance 

with this Subpart, as follows: 

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

Section to subsection (a)(l) or (a)(2) of this Section, the owner or operator 
33 

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)(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(1). 

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

TITLE 35: ENVIRONMENTAL PROTECTION 

SUBTITLE B: AIR POLLUTION 

CHAPTER I: POLLUTION CONTROL BOARD 

SUBCHAPTER c: EMISSION STANDARDS AND LIMITATIONS 

FORST A TIONAR Y SOURCES 

PART 223 

STANDARDS AND LIMITATIONS FOR ORGANIC MATERIAL EMISSIONS FOR AREA 

SOURCES 

Section 

223.100 

223.105 

223.120 

SUBPART A: GENERAL PROVISIONS 

Severability 

Abbreviations and Acronyms 

Incorporations by Reference 
34 

SUBPART B: CONSUMER AND COMMERCIAL PRODUCTS 

Section 

223.200 Purpose 

223.201 Applicability 

223.203 Definitions for Subpart B 

223.205 Standards 

223.206 Diluted Products 

223.207 Products Registered under FJFRA 

223.208 Requirements for Aerosol Adhesives 

223.209 Requirements for Floor Wax Strippers 

223.210 Products Containing Ozone-Depleting Compounds 

223.220 Requirements for Charcoal Lighter Material 

223.230 Exemptions 

223.240 Innovative Product Exemption 

223.245 Alternative Compliance Plans 

223.250 Product Dating 

223.255 Additional Product Dating Requirements 

223.260 Most Restrictive Limit 

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 ILCS 5/10,27 and 28]. 

SOURCE: Adopted in R08-17 at 33 Ill. Reg. 8224, effective June 8, 2009. 
35 

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 YOMs in excess of 

the limits specified in this subsection: 

Affected Product % VOM by Weight 

I) Adhesives- Spray 

A) 

B) 

Mist Spray 

Web Spray 

C) Special Purpose Spray Adhesives 

65 

55 

i) Mounting, Automotive Engine Compartment, 

and Flexible Vinyl 70 

ii) Polystyrene Foam and Automotive 

Headliner 65 

iii) Polyolefin and Laminate Repair IEdgebanding 

60 

2) Adhesives- Construction, Panel and Floor CoveringCe11taet 

3) 

4) 

Adhesives - General Purpose 

Adhesives - Structural Waterproof 

5) Air Fresheners 

A) 

B) 

C) 

D) 

Single-Phase Aerosol 

Double Phase Aerosol 

Liquids I Pump Sprays 

Solids I Gel 

6) Antiperspirants 

15 

10 

15 

30 

25 

18 

3 
36 

A) Aerosol 

B) Non-Aerosol 

Automotive Brake Cleaners 

40 HVOM 

IOMVOM 

OHVOM 

OMVOM 

7) 45 

8) Automotive Rubbing or Polishing Compound 17 

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 

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 

17) Deodorants 

A) Aerosol 

7 

0.1 

3.0 

see Section 223.220 

0 

10 

18 

HVOM 

MVOM 
37 

B) Non-Aerosol 

18) Dusting Aids 

19) 

20) 

21) 

A) 

B) 

Aerosol 

All Other Forms 

Engine Degreasers 

A) Aerosol 

B) Non-Aerosol 

Fabric Protectants 

Floor Polishes f Waxes 

A) 

B) 

C) 

Products for Flexible Flooring Materials 

Products for Nonresilient Flooring 

Wood Floor Wax 

0 

0 

HYOM 

MYOM 

25 

7 

35 

5 

60 

7 

10 

90 

22) Floor Wax Strippers see Section 223.209 

23) Furniture Maintenance Products 

A) 

B) 

Aerosol 

All Other Forms Except Solid or Paste 

24) General Purpose Cleaners 

A) 

B) 

Aerosol 

Non-Aerosol 

25) General Purpose De greasers 

A) 

B) 

Aerosol 

Non-Aerosol 

17 

7 

10 

4 

50 

4 
38 

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 

A) Crawling Bug (Aerosol) IS 

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) A II Other Forms 5 

34) Laundry Starch Products 5 

35) Metal Polishes I Cleansers 30 
39 

36) Multi-Purpose Lubricant 

(Excluding Solid or Semi-Solid Products) 

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 

50 

75 

3 

8 

5 

50 

50 

10 

3 

4 

5 

60 

25 

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 
40 

Ethylene Dibromide 

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-----' 

TITLE 35: ENVIRONMENTAL PROTECTION 

SUBTITLE B: AIR POLLUTION 

CHAPTER 1: POLLUTION CONTROL BOARD 

SUBCHAPTER 1: AIR QUALITY STANDARDS AND EPISODES 

PART 243 

AIR QUALITY STANDARDS 

SUBPART A: GENERAL PROVISIONS 
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 

Appendix A 

Appendix B 

Appendix C 

Definitions 

Preamble 

Applicability 

Nondegradation 

Monitoring 

Reference Conditions 

Incorporations by Reference 

41 

SUBPART B: STANDARDS AND MEASUREMENT METHODS 

PM 10 and PMz.sPM )() 

Particulates (Repealed) 

Sulfur Oxides (Sulfur Dioxide) 

Carbon Monoxide 

Nitrogen Dioxide 

8 Hour Ozone 

Lead 

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 5110, 27, and 28]. 

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

PCB 191, filed and effective April14, 1972; amended in R80-11, 46 PCB 125, at 6lll. Reg. 

5804, effective April22, 1982; amended in R82-12, at 7111. Reg. 9906, effective August 18, 

1983; codified at 7111. Reg. 13630; amended in R91-35 at 16111. 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 hereinafter stated 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 (Ill. Rev. Stat. 1981, ch. 111 1/2, pars. 

100 I et seq.) (Act). 

b) All terms which appear in this Part have the definitions specified by Parts 201 or 

211 of this SubtitleCilapter. 
42 

(Source amended at 35 Ill. Reg. __ ,, effective_). 

Section 243.104 Nondegradation 

Existing ambient air quality which is better than the establishedeKtaelisheEI 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 such 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 243.106 Monitoring 

Pollution 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 the guidelinesg~iiEieliAes for 

established monitoring networks as developed by the United States Environmental Protection 

Agency. 

(Source amended at 35 Ill. Reg. __ , effective_). 

Section 243.107 Reference Conditions 

All measurements of air quality, except PM;u, are corrected to a reference temperature of25° C, 

and to a reference pressure of760 millimeters of mercury (1013.2 millibars). PM2.s 

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, Appendix A (1982). 

b) Non-dispersive infrared spectrometry technique, 40 CFR 50, Appendix 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, Appendix D (1982), 36 Fed. Reg. 

22392, November 25, 1971. 
43 

e) Lead, 40 CFR 50, Appendices G and 0 (2008). AjljlSAEiiJ< G (1982)3 !-'eEl. Reg. 

46258, Oeteeer 5,1978, as ameAEieEI at 44 !-'eEl. Reg. 37915, J~Ae 29, 1979; 46 

!-'eEl. Reg. 44163, Sejltemeer3, 1981. 

f) Reference method for the determination of particulate matter as PM- 10 in the 

atmosphere, 40 CFR 50, Appendix J (1990t 

g) Interpretation of the national ambient air quality standards for particulate matter, 

40 CFR 50, Appendix K, 73 Fed. Reg. 61144 (October 17. 2006). (199Q) 

hl Reference method for the determination of particulate matter as PMu in the 

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

j} Interpretation of the national ambient air quality standards for PM, 5, 40 CFR 50, 

Appendix N. 73 Fed. Reg. 1497 (January 9. 2008). 

j} Interpretation of the NAAOS for 01, 40 CFR 50. Appendix P. 73 Fed. Reg. 16436 

(March 27, 2008). 

kl National Ambient Air Quality Standards for Lead; Final Rule, 40 CFR 50, 51, 53, 

and 58, 73 Fed. Reg. 66964 (November 12. 2008). 

ll Interpretation of the National Ambient Air Quality Standards 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 PMNPM 10 

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

PM 1o PMW 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 (b) below. 

B AH BHHHal ari!Ametie meaA eeAeeHtratieH ef 50 mieregrams Jler e~o~eie 

meter; aAs 

A mru<im~m 24 hellr eeHeeHtratieH sf ISQ mieregrams Jler e~eie meter, 

net te ee el<eeeEieEI mere than enee Jler year. 

b) PM 10_Measurement Method. For determining conformance with the PM .!.Q.PM 10 

ambient air quality standards, PM 10PM 1 Q shall be measured by ;!the method 
44 

described in 40 CFR 50, Appendix J (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 with+lle 

eemp>~tatieAs Aeeessary for aAalyziAg paF!ieHiate matter Elata te EletermiAe 

attaiAmeA! eftlle P~twW,4 I (l staAEiarEis are EleserieeEI iA 40 CFR 50, Appendix K 

(incorporated by reference in Section 243. I 08). 

£l PM, 5 Standards. The primary and secondary ambient air quality standards for 

PMu are: 

D An annual arithmetic mean concentration of 15.0 micrograms per cubic 

meter; and as measured and determined in conformance with subsection 

(d) below. 

D A maximum 24-hour concentration of 35 micrograms per cubic meter, at 

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

with subsection (d) below. 

d) PM;u Measurement Method. For determining conformance with the PM,_s 

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

40 CFR 50, Appendix L (incorporated by reference in Section 243.1 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). 

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 I 5.0 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/m3

. 

(Source: Amended at Ill. Reg. 35 ___ ,, 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) 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 of 365 micrograms per cubic meter (0.14 ppm). 
45 

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 microgramsmieergmms 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, Appendi~ A, (1982), or by an equivalent 

method of proof approved by the Agency. 

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

Section 243.125 8-HonrOzone 

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

ozone areis 0.075{),R parts per million (ppm) (23§ mieregftlms Jler eueie meter) 

daily maximum 8-hourl heur average concentration. measured and determined in 

accordance with subsection (b) belownet te ee el<eeeEieEI en mere than ene Elay 

)'ler year. 

b) Measurement Method. Fer Eletefffiining eenfufffianee with the ezene air tjHality 

stanEiarEI, ezeneOzone shall be measured by athe ezene ethylene 

reaetienreference method specified byEieserieeEI in 40 CFR Part 50, 

Appendi~ D, as amenEieEI 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 Part 

50, Appendix P (incorporated by reference in Section 243.1 08). 

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

Section 243.126 Lead 

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

its eem)'leunEis are 1.§ is 0.15 micrograms per cubic meter, maximum rolling three 

month average measured and determined over a three-year periodaritllmetie mean 

a-veftlge ever a ealenEiar tjllarter. 

b) Measurement Method. For determining conformance with the ambient air quality 

standards for lead and its compounds, lead and its compounds shall be measured 

by the atomic absorbtion spectrometry or equivalent method as described in 40 

CFR 50 Appendices~G ~and 0, as incorporated by reference in Section 

243.108 of this Part. The primary and secondary ambient air qualitv standards 
46 

shall be determined in accordance with Appendix R of Part 50 as incorporated by 

reference in Section 243.] 08 of this Part. 

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

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 November 4, 2010, by a vote of 5-0. 

John T. Therriault, Assistant Clerk 

Jllinois Pollution Control Board 
I EPA ATTACHMENT NO.-

OFFICE OF THE SECRETARY OF STATE 

JESSE WHITE • Secretary of State 

November 15,2010 

POLLUTION CONTROL BOARD 

.JOHN THERRIAULT ASSISTANT CLERK 

100 W RANDOLPH ST, STE 11-500 

CHICAGO, IL 60601 

Dear JOHN THERRIAULT ASSIST ANT CLERK 

16?-tt 

RECEIVED 

CLERK'S OFFICE 

}JbT/1 ?J 2010 

STATE OF IWNOIS 

Pollution Con~rd 

Your rules Listed below met our codification standards and have been published in Volume 34, 

Issue 47 of the Illinois Register, dated I 1/19/2010. 

PROPOSED RULES 

Nitrogen Oxides Emissions 

35 Ill. Adm. Code 217 17513 

Point of Contact: Nancy Miller 

Standards and Limitations for Organic Material Emissions for Area Sources 

35111. Adm. Code 223 17525 

Point of Contact: Nancy Miller 

Air Quality Standards 

35 Ill. Adm. Code 243 17537 

Point of Contact: Nancy Miller 

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

(217) 782-7017. 

v 

?' *·. ~· : r.: 

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

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENT 

1) Heading of the Part: Standards and Limitations for Organic Material Emissions for Area 

Sources 

2) Code Citation: 35 Ill. Adm. Code 223 

3) Section Numbers: Proposed Action: 

223.205 Amend 

AEC&lVED 

CLERICS OffiCE 

NO\/ \~20\0 

e. Of \L.I..INOIS 

STAJ control Board 

pouu .. on 

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) A complete description of the subjects and issues involved: For a more detailed 

description of this rulemaking, see the Board's November 4, 2010, opinion and order Air 

Quality Standards Clean-Up: Amendments to 35 lll. Adm. Code 217. 223, 243 (R09-19). 

The illinois Environmental Protection Agency (Agency) submitted this rulemaking 

proposal to update Part 243 of the Board's air regulations to reflect revised National 

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

Protection Agency. 

The record in this proceeding reveals an error in Part 223 in the name of one category of 

adhesives subject to volatile organic material emission limits. Specifically, the Agency 

has sought to correct a single word in the name of that category so that it matches the 

corresponding definition. The Board submits the Agency's proposed correction for firstnotice publication in this docket. 

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

rulemaking: None. 

7) Will this proposed rule replace emergency rules currently in effect? No. 

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

9) Does this proposed rule contain incorporations by reference? No. 

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

RECEIVED 

NOV Iii 2010 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENT 

11) Statement of statewide policy objectives: 

The proposed amendment does not create or expand a State mandate as defined in Section 

3 of the State Mandates Act [30 ILCS 805]. 

12) Time. place and manner in which interested persons may comment on this proposed 

rulemaking: 

The Board will accept written public comment on this proposal for a period of 45 days 

after the date of this publication. Comments should reference docket R09-19 and be 

addressed to: 

Clerk's Office 

Illinois Pollution Control Board 

State of illinois Center, Suite 11-500 

100 W. Randolph St. 

Chicago, IL 60601 

Address questions to Tim Fox at 312-814-6085. 

Interested persons may request copies of the Board's opinion and order by calling the 

Clerk's office at 312-814-3620, or download them from the Board's Web site at 

www.ipcb.state.il.us. 

13) Initial regulatory flexibility analysis: 

In Part 223, the Board in this docket proposes solely to correct the name of a category of 

adhesives at Section 223.205(a)(2). Specifically, the Board proposes to change that name from 

"Adhesives-- Construction, Panel and Floor Contact'' to "Adhesives -- Construction, Panel and 

Floor Covering" to correspond to a definition for that category. 

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

affected: 

While the corrected name for the category of adhesives would clarity standards 

for construction, panel, and floor covering adhesives, it is not expected to have a 

substantive effect on any types of small businesses, small municipalities, and notfor-profit corporations. 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENT 

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

As the amendment to Part 223 merely corrects and clarifies the name of one 

category of adhesives, the proposal does not itself require procedures for. 

compliance. 

C) Types of professional skills necessary for compliance: 

As the amendment to Part 223 merely corrects and clarifies the name of one 

category of adhesives, the proposal does not itself require any types of 

professional skills for compliance. 

14) Regulatory Agenda on which this rulemaking was summarized /State reasons for this 

rulemaking if it was not included in either of the two most recent regulatory agendas. 

January 2009. See 33 ill. Reg. 384, 405-07; Jan. 9, 2009. 

The full text of the proposed amendment begins on the next page: 
ILLfNOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENT 

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 

223.265 

223.270 

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 PROPOSED 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 

Defmitions for Subpart C 

Standards 

Container Labeling Requirements 

Reporting Requirements 

Compliance Provisions and Test Methods 

Alternative Test Methods 

Methacrylate Traffic Coating Mar!Ongs 

Test Methods 

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

Environmental 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 __ .. 

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 

1) Adhesives- Spray 

A) 

B) 

Mist Spray 

Web Spray 

% VOM by Weight 

65 

55 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENT 

C) Special Purpose Spray Adhesives 

i) Mounting, Automotive Engine Compartment, 

ii) 

and Flexible Vinyl 70 

Polystyrene Foam and Automotive 

Headliner 65 

iii) Polyolefin and Laminate Repair !Edgebanding 

60 

2) Adhesives - Construction, Panel and Floor CoveringCeataet 

3) 

4) 

Adhesives - General Purpose 

Adhesives - Structural Waterproof 

5) Air Fresheners 

A) 

B) 

C) 

D) 

Single-Phase Aerosol 

Double Phase Aerosol 

Liquids I Pump Sprays 

Solids I Gel 

6) Antiperspirants 

7) 

8) 

A) Aerosol 

B) Non-Aerosol 

Automotive Brake Cleaners 

Automotive Rubbing or Polishing Compound 

15 

10 

15 

30 

25 

18 

3 

40HVOM 

lOMVOM 

OHVOM 

OMVOM 

45 

17 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENT 

9) Automotive Wax, Polish, Sealant, or Glaze 

A) 

B) 

C) 

Hard Paste Waxes 

Instant Detailers 

All Other Forms 

1 0) Automotive Windshield Washer Fluids 

11) Bathroom and Tile Cleaners 

A) 

B) 

Aerosol 

All Other Forms 

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 

17) Deodorants 

A) Aerosol 

B) Non-Aerosol 

7 

0.1 

3.0 

see Section 223.220 

18 

OHVOM 

10MVOM 

OHVOM 

OMVOM 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENT 

18) Dusting Aids 

19) 

20) 

21) 

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 

25 

7 

35 

5 

60 

7 

10 

90 

22) Floor Wax Strippers see Section 223.209 

23) Furniture Maintenance Products 

A) 

B) 

Aerosol 

All Other Forms Except Solid or Paste 

24) General Purpose Cleaners 

A) 

B) 

Aerosol 

Non-Aerosol 

25) General Purpose Degreasers 

A) Aerosol 

17 

7 

10 

4 

50 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENT 

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 

A) Crawling Bug (Aerosol) IS 

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 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENT 

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 

42) Rubber and Vinyl Protectants 

A) Aerosol 10 

B) Non-Aerosol 3 

43) Sealants and Caulking Compounds 4 

44) Shaving Creams 5 

45) Silicone-Based Multi-Purpose Lubricants 

(Excluding Solid or Semi-Solid Products) 60 

46) Spot Removers 
A) 

B) 

ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENT 

Aerosol 

Non-Aerosol 

4 7) Tire Sealants and Inflators 

48) Undercoating<:- Aerosols 

25 

8 

20 

40 

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

or after July 1, 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 

Nickel (metallic nickel and inorganic nickel compounds) 

Perchloroethylene 

Formaldehyde 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENT 

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 _ __, 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENT 

1) Heading of the Part: Nitrogen Oxides Emissions 

2) Code citation: 35 lll. Adm. Code 217 

3) Section Numbers: Proposed Action: 

217.388 Amend 

AECEBVIED 

CLERK'S OFFICE 

NOV ,Pom 

STATE OF IU .. INOIS 

Pollution Control eoara 

4) Statutory 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]. 

5) A complete description of the subjects and issues involved: For a more detailed 

description of this rulemaking, see the Board's November 4, 2010, opinion and order Air 

Quality Standards Clean-Up: Amendments to 35 ll1. Adm. Code 217, 223, 243 (R09-19). 

The illinois Environmental Protection Agency (Agency) 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 reveals a error in a single cross reference in Section 

217.388{a)(2)(B), and the Board submits the correction of the error for first-notice 

publication in this docket. 

6) Published studies or reports, and sources of underlying data, used to compose this 

rulemaking: None. 

7) Will these proposed rules replace emergency rules currently in effect? No. 

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

9) Do these proposed rules contain incomorations by reference? No. 

I 0) Are there any other amendments pending on this Part? No. 

11) Statement of statewide policy objectives: 

The proposed amendments do not create or expand a State mandate as defined in Section 

3 of the State Mandates Act [30 ILCS 805]. RECEIVED 

NOV 5l010 

SOS-CODE DIV. 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENT 

12) Time, place and manner in which interested persons may comment on this proposed 

rulemaking: 

The Board will accept written public comment on this proposal for a period of 45 days 

after the date of this publication. Comments should reference docket R09-19 and be 

addressed to: 

Clerk's Office 

Illinois Pollution Control Board 

State of illinois Center, Suite 11-500 

100 W. Randolph St. 

Chicago, IL 60601 

Address questions to Tim Fox at 312-814-6085. 

Interested persons may request copies of the Board's opinion and order by calling the 

Clerk's office at 312-814-3620, or download them from the Board's Web site at 

www .ipcb.state.il.us. 

13) Initial regulatory flexibility analysis: 

The record in this proceeding reveals a error in a single cross reference in Section 

217.3 88(a)(2)(B), and the Board submits the correction of the error for first-notice 

publication in this docket. 

A) Tvoes of small businesses, small municipalities, and not-for-profit comorations 

affected: 

As the proposal corrects and clarifies a single cross reference in a subsection 

addressing the compliance option of emission averaging plans for specified 

engines and turbines, it is not expected to affect any types of small businesses, 

small municipalities, or not-for-profit corporations. 

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

As the proposal corrects and clarifies a single cross reference, it does not itself 

require reporting, bookkeeping or other procedures for compliance. 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENT 

C) Tvoes of professional skills necessary for compliance: 

As the proposal corrects and clarifies a single cross reference, it does not require 

professional skills for compliance. 

14) Regulatory Agenda on which this rulemaking was summarized. State reasons for this 

rulemaking if it was not included in either of the two most recent regulatory agendas. 

January 2009. See 33 Ill. Reg. 384, 405-07; Jan. 9, 2009. 

The full text of the proposed 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 PROPOSED AMENDMENT 

TITLE 35: ENVIRONMENTAL PROTECTION 

SUBTITLE B: AIR POLLUTION 

CHAPTER I: POLLUTION CONTROL BOARD 

SUBCHAPTER C: EMISSION STANDARDS AND LIMITATIONS 

FOR STATIONARY SOURCES 

PART 217 

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 

Section 

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POLLUTION CONTROL BOARD 

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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 
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 

Section 

ILLINOIS REGISTER 

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Industrial Processes 

SUBPART M: ELECTRICAL GENERATING UNITS 

Applicability 

Exemptions 

Emissions Limitations 

Combination ofFue1s 

SUBPARTO: CHEMICALMANUFACTURE 

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: NO, CONTROL AND TRADING PROGRAM FOR 

SPECIFIED NO, GENERATING UNITS 
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 

Section 

217.750 

217.751 

217.752 

217.754 

217.756 

217.758 

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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 Recordkeeping 

Purpose 

SUBPART W: NO, TRADING PROGRAM FOR 

ELECTRICAL GENERATING UNITS 

Sunset Provisions · 

Severability 

Applicability 

Compliance Requirements 

Permitting Requirements 
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 

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NOx Trading Budget 

Methodology for Calculating NO, 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 

NO, 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 

Recordkeeping 

Enforcement 

217 .APPENDIX A 

217.APPENDIX B 

217.APPENDIX C 

217.APPENDIX D 

217.APPENDIX E 

217.APPENDIXF · 

2!7.APPENDIX G 

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 the NO, 

SIP Call 

217.APPENDIX H Compliance Dates for Certain Emissions Units at Petroleum Refineries 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

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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, Ru1e 207: Nitrogen Oxides Emissions, R71-23, 4 

PCB 191, Aprill3, 1972, filed and effective April14, 1972; amended at 2 Ill. Reg. 17, p. 101, 

effective Aprill3, 1978; codified at 7 Ill. Reg. 13609; amended in R01-9 at 25 Ill. Reg. 128, 

effective December 26, 2000; amended in ROl-li at 25 Ill. Reg. 4597, effective March 15, 2001; 

amended in R01-16 and ROI-17 at 25 TIL Reg. 5914, effective Aprill7, 2001; amended in R07-

18 at 31 llJ. Reg. 14254, effective September 25, 2007; amended in R07-19 at 33 TIL Reg. 11999, 

effective August 6, 2009; amended in R08-19 at 33 Ill. Reg. 13345, effective August 31, 2009; 

amended in R09-20 at 33 Ill. Reg. 15754, effective November 2, 2009; amended in R09-19 at 35 

Ill. Reg. , effective . -- --

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) ofthis 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) 

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

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

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

gases that contain NOx to no more than: 

A) 150 ppmv (corrected to 15 percent 0 2 on a dry basis) for sparkignited rich-bum engines; 

B) 210 ppmv (corrected to 15 percent 0 2 on a dry basis) for sparkignited lean-bum 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; 
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POLLUTION CONTROL BOARD 

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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(£), 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)(l) 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) 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

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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 mrn 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: 

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

Section to subsection (a)(l) or (a)(2) of this Section, the owner or operator 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENT 

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) 

ofthis 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) ofthis 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 NO, 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(f). 

(Source: Amended at 35 Ill. Reg. __ , effective __j 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENTS 

I) Heading of the Part: Air Quality Standards 

2) 

3) 

Code citation: 35 TIL Adm. Code 243 

Section Numbers: Proposed Action: 

243.101 Amend 

243.104 Amend 

243.106 Amend 

243.107 Amend 

243.108 Amend 

243.120 Amend 

243.122 Amend 

243.125 Amend 

243.126 Amend 

RECEOVED 

ClERK'S OFFICE 

NOV 1 8 2010 

STATE OF IWNOJS 

Pollution Control Board 

4) Statutory authority: Implementing Section I 0, and authorized by Sections 27 and 28 of 

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

5) A complete description of the subjects and issues involved: For a more detailed 

description of this rulemaking, see the Board's November 4, 2010, opinion and order Air 

Quality Standards Clean-Up: Amendments to 35 TIL Adm. Code 217,223,243 (R09-19). 

The lllinois Environmental Protection Agency (Agency) submitted this rulemaking 

proposal to update Part 243 of the Board's air regulations to reflect revised National 

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

Protection Agency. 

6) Published studies or reports, and sources of underlving data, used to compose this 

rulemaking: The Agency, which originated this rulemaking with the Board, did not 

indicate that it used a published study or report in developing the proposal. 

7) Will these proposed rules replace emergency rules currently in effect? No. 

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

RECEIVED 

NOV ID 2010 

SOS-CODE DIV: 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENTS 

9) Does this proposed rule contain incomorations by reference? Yes. 

Code of Federal Regulations: 

Lead, 40 CFR 50, Appendices G and Q (2008). 

Reference method for the determination of particulate matter as PM2.5 in the atmosphere, 

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

Interpretation of the national ambient air quality standards 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) 

National Ambient Air Quality Standards for Lead: Final Rule, 40 CFR 50, 51, 53, and 58, 

73 Fed. Reg. 66964 (Nov. 12, 2008). 

Interpretation of the National Ambient Air Quality Standards for Lead, 40 CFW50, 

Appendix R, 73 Fed. Reg. 66964 (Nov. 12, 2008). 

I 0) Are there any other amendments pending on this Part? No. 

II) Statement of statewide policy objectives: 

The proposed amendments do not create or expand a State mandate as defined in Section 

3 of the State Mandates Act [30 ILCS 805]. 

12) Time. place and manner in which interested persons may comment on this proposed 

rulemaking: 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENTS 

The Board will accept written public comment on tbis proposal for a period of 45 days 

after tbe date of this publication. Comments should reference docket R09-19 and be 

addressed to: 

Clerk's Office 

illinois Pollution Control Board 

State oflllinois Center, Suite 11-500 

I 00 W. Randolph St. 

Chicago, IL 6060 I 

Address questions to Tim Fox at 312-814-6085. 

Interested persons may request copies of the Board's opinion and order by calling the 

Clerk's office at 312-814-3620, or download them from the Board's Web site at 

www.ipcb.state.il.us. 

13) Initial regulatory flexibility analysis: 

In proposing these amendments to Part 243, the Agency indicated that they would not impose 

new requirements but would merely update Illinois' regulations to reflect current federal 

standards that the United States Environmental Protection Agency had adopted under the Clean 

Air Act. · 

A) Tvoes of small businesses, small municipalities, and not-for-profit corporations 

affected: 

As the proposal intends to incorporate current federal law, it is does not itself 

affect any types of small businesses, small municipalities, or not-for-profit 

corporations by imposing new substantive requirements. 

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

As the proposal intends to incorporate current federal law, it does not require 

reporting, bookkeeping, or other procedures for compliance. 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

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C) Types of professional skills necessary for compliance: 

As the proposal intends to incorporate current federal law, it does not require 

professional skills for compliance. 

14) Regulatory Agenda on which this rulemaking was summarized /State reasons for this 

rulemaking if it was not included in either of the two most recent regulatory agendas. 

January 2009. See 33 lll. Reg. 384, 405-07 (Jan. 9, 2009). 

The full text of the proposed amendments 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 

ILLINOIS REGISTER 

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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 

PMJ.Q.andPM1.5PM 10 

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 JLCS 5110,27, and 28]. 

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

PCB 191, filed and effective April14, 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 PROPOSED AMENDMENTS 

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 3 5 Ill. Reg. __ , effective __ . 

SUBPART A: GENERAL PROVISIONS 

Section 243.101 Defmitions 

a) Except as hereinafter stated 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 (Ill. Rev. Stat. 1981, ch. 111 112, pars. 

1001 et seq.) (Act). 

b) All terms which appear in this Part have the definitions specified by Parts 201 or 

211 of this SubtitleChajJter. 

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

Section 243.104 Nondegradation 

Existing ambient air quality which is better than the establishedelttalllisheEI 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 such 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 ---1 

Section 243.106 Monitoring 

Pollution 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 the guidelines~a~i!Eieliaes for 

established monitoring networks as developed by the United States Environmental Protection 

Agency. 

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

Section 243.107 Reference Conditions 

All measurements of air quality, except PM:u, are corrected to a reference temperature of25° C, 

and to a reference pressure of760 millimeters of mercury (1013.2 millibars). PMu. 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENTS 

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, Appendix A (1982). 

b) Non-dispersive infrared spectrometry technique, 40 CFR 50, Appendix 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, Appendix D (1982), 36 Fed. Reg. 

22392, November 25, 1971. 

e) Lead, 40 CFR 50, Appendices G and 0 (2008). fqJfJefleHi G (1982)3 Pee. Reg. 

49238, Oeteller 3, 19:;zg, as amef!eee at 44 Pee. Reg. 37913, JUHe 29, 1979; 49 

Pee. Reg. 44163, Septemller 3, 1981. 

f) Reference method for the determination of particulate matter as PM-w in the 

atmosphere, 40 CFR 50, Appendix J (1990t 

g) Interpretation of the national ambient air quality standards for particulate matter, 

40 CFR 50, Appendix K. 73 Fed. Reg. 61144 (October 17. 2006). (1999) 

hl Reference method for the determination of particulate matter as PM;u in the 

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

il Interpretation of the national ambient air quality standards for PM;u, 40 CFR 50. 

Appendix N. 73 Fed. Reg. 1497 (January 9, 2008). 

j) Interpretation of the NAAOS foro,. 40 CFR 50. Appendix P. 73 Fed. Reg. 16436 

(March 27. 2008). 

!0 National Ambient Air Quality standards for Lead; Final Rule. 40 CFR 50, 51, 53. 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENTS 

and 58.73 Fed. Reg. 66964 (November 12, 2008). 

ll Intemretation of the National Ambient Air Quality Standards for Lead, 40 CFR 

50, Appendix R, 73 Fed. Reg. 66964 (November 12. 2008). 

(Source: Amended at 35 Ill. Reg. _ _, effective __ _J 

SUBPART B: STANDARDS AND MEASUREMENT METHODS 

Section 243.120 PM10 and PM2sl'l.\H9 

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

PMHl 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 eoual to or less than one, as measured and determined in 

accordance with subsection (b) below. 

B An a!lffilal arithmetie mellfl esneeatratisn ef 50 miersgmms Jlef eaeie 

meter; ana 

A mwtimwn 24 heur eeneeatratisn sf 150 mieregrams Jl6f eubie meter, 

aot to be exeeedeS FBore than eeee f:JSF year. 

b) Measurement Method. For determining conformance with the PM10 PM ltl 

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

described in 40 CFR 50, Appendix J (incorporated by reference in Section 

243.1 08). The computations necessary for analyzing particulate matter data to 

determine attainment of the PM.I.Q.PM I g standards are described in 40 CFR 50, 

Appendix K (incorporated by reference in Section 243.108) . 

.£! Standards. The primary and secondary ambient air quality standards for PM, 5 

are: 

1} An annual arithmetic mean concentration of I 5.0 micrograms per cubic 

meter; and as measured and determined in conformance with subsection 

(d) below. 

f} A maximum 24-hour concentration of 35 micrograms per cubic meter. at 

the 98th percentile value. and as measured and determined in conformance 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENTS 

with subsection (d) below. 

d) Measurement Method for PM22. For determining conformance with the PM:u 

ambient air quality standards, PMu shall be measured by the method described in 

40 CFR 50, Appendix L (incorporated by reference in Section 243.108). The · 

computations necessary for analvzing particulate matter data to determine 

attainment of the PM:u standards are described in 40 CFR 50, Appendix N 

(incorporated by reference in Section 243.1 08). 

(Source: Amended at 35 Til. 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) 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 microgramsmieeFgFams 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, AppendixAflir. A, (1982), or by an equivalent 

method of proof approved by the Agency. 

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

Section 243.125 8-Hour Ozone 

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

ozone areis 0.075~ parts per million (ppm) (235 mieregrams fler eaeie meter) 

daily maximum 8-hourl hear average concentration, measured and determined in 

accordance with subsection (b) belovmet te ee eJteeeEleEleH mere thaH sHe Elay 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENTS 

per year. 

b) Measurement Method. For determining conformance with the ozone air quality 

standard, ozone shall be measured by the scene ethylene reaetieareference 

method specified bydeserilled in 40 CFR Part 50, AppendixAfljT. D, as amended 

or equivalent method as described in 40 CFR Part 50, Section 50.1, as prescribed 

by 40 CFR Part 53 (2003), and the Interpretation of the NAAOS forO,, 40 CFR 

Part 50, Appendix P. 73 Fed. Reg. 16436 (March 27. 2008). 

(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 eeffll"SUI!ds are 1.5 is 0.15 micrograms per cubic meter, maximum rolling three 

month average measured and determined over a three-year periodaritbmeae mean 

average ever a ealeadar E!llarter. 

b) Measurement Method. For determining conformance with the ambient air quality 

standards for lead and its compounds, lead and its compounds shall be measured 

by the atomic absorbtion spectrometry or equivalent method as described in 40 

CFR 50 Appendicesl'qJJl. G (1982)and 0, as incorporated by reference in Section 

243.108 of this Part. The 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. 

(Source: Amended at 35 ll1. Reg. __ ...c, effective_). 
Electronic Filing- Received, Clerk's Office, December 28, 2010 

* * * * * PC# 5 * * * * * 

IEPA ATTACHMENT NO. _2._1_ 

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD 

IN THE MATTER OF: 

CLEAN-UP 

AMENDMENTS TO 35 ILL. 

ADM. CODE PART 243 

) 

) 

) 

) 

) 

R09-019 

(Rulemaking - Air) 

NOTICE 

TO: 

John Therriault, Assistant Clerk 

Illinois Pollution Control Board 

State of Illinois Center 

100 West Randolph, Suite 11-500 

Chicago, Illinois 60601 

David Kolaz 

Executive Director 

Illinois Environmental Regulatory Group 

215 E. Adams Street 

Springfield, IL 62701 

Katherine Hodge 

Monica T. Rios 

Hodge Dwyer & Driver 

3150 Roland Avenue 

PO Box5776 

Springfield, IL 62705-5776 

Matthew Dunn, Division Chief 

Environmental Enforcement/ 

Asbestos Litigation Division 

Attorney General's Office 

69 W. Washington St, Suite 1800 

Chicago, Illinois 60602 

Virginia Young 

Chief Legal Counsel 

Illinois Dept. of Natural Resources 

One Natural Resources Way 

Springfield, Illinois 62702-1271 

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

Control Board the FIRST ERRATA SHEET of the Illinois Environmental Protection 

Agency a copy of which is herewith served upon you. 

DATED: December28, 2010 

P.O. Box 19276 

Springfield, Illinois 62794-9276 

2171782-5544 

ILLINOIS ENVIRONMENTAL 

PROTECTION AGENCY 

By: /s/ Charles E. Matoesian 

Charles E. Matoesian 

Assistant Counsel 

Division of Legal Counsel 
Electronic Filing - Received, Clerk's Office, December 28, 2010 

* * * * * PC# 5 * * * * * 

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD 

IN THE MATTER OF: 

CLEAN-UP 

AMENDMENTS TO 35 ILL. 

ADM. CODE PART 243 

) 

) 

) 

) 

) 

) 

R09-19 

(Rulernaking- Air) 

FIRST ERRATA SHEET OF THE ILLINOIS ENVIRONMENTAL PROTECTION 

AGENCY 

NOW COMES the Illinois Environmental Protection Agency ("Illinois EPA"), by and through 

its attorney Charles E. Matoesian, and submits this First Errata Sheet to its proposal for the 

amendment of 35 Ill. Adm. Code 243. The Illinois EPA proposes the following amendments to 

the text of the rules sent to First Notice by the Board on November 4, 20 I 0: 

I. Amend Section 243.106 to clarifY the source of and form of the ambient air quality 

monitoring provisions. 

Section 243.106 Monitoring 

Pollution 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 tile guidelines for estaelishee 

menitering netwefi<s regulations for ambient air quality monitoring as promulgated eevelefletl by 

the United States Environmental Protection Agency at 40 CFR Part 58. 

2. Amend Section 243.107 to add lead to list of pollutants requiring measurement. 

Section 243.107 Reference Conditions 

All measurements of air quality, except PM2 5 and lead, are corrected to a reference temperature 

of25° C, and to a reference pressure of760 millimeters of mercury (1 013.2 millibars). PM2.

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. 

3. Amend Section 243.108 to add several new items to the list of incorporations by reference. 

Section 243.108 Incorporations by Reference 

The following materials are incorporated by reference. These incorporations do not include any 
Electronic Filing- Received, Clerk's Office, December 28, 2010 

* * * * * PC# 5 * * * * * 

later amendments or editions: 

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

b) Hi-volume method. 40 CFR 50 Appendix B (1983). 

£~) Non-dispersive infrared spectrometry technique, 40 CFR 50, Appendix C (1982), 

36 Fed. Reg. 22391, November 25, 1971. 

Q6) Colorimetric method, 36 Fed. Reg. 22396, November 25, 1971. 

~ Ozone-ethylene reaction method, 40 CFR 50, Appendix D ( 1982), 36 Fed. Reg. 

22392, November 25, 1971. 

0 Gas phase chemilunescwnce method, 40 CFR 50, Appendix F (] 983). 

ge) Lead, 40 CFR 50, Appendices G and Q (2008). 

hf) Reference method for the determination of particulate matter as PM- 10 in the 

atmosphere, 40 CFR 50, Appendix J (1990t 

ig) Interpretation of the national ambient air quality standards for particulate matter, 

40 CFR 50, Appendix K, 73 Fed. Reg. 61144 (October 17, 2006). 

ill) Reference method for the determination of particulate matter as PMzs in the 

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

kt) Interpretation of the national ambient air quality standards for PM25, 40 CFR 50, 

Appendix N, 73 Fed. Reg. 1497 (January 9, 2008). 

!t) Interpretation of the NAAQS for 0 3,40 CFR 50, Appendix P, 73 Fed. Reg. 16436 

(March 27, 2008). 

mk) National Ambient Air Quality standards for Lead; Final Rule, 40 CFR 50, 51, 53, 

and 58,,73 Fed. Reg. 66964 (November 12, 2008). 

nl) Interpretation of the National Ambient Air Quality Standards for Lead, 40 CFR 

50, Appendix R, 73 Fed. Reg. 66964 (November 12, 2008). 

4. Amend Section 243.120 to amend the measurement method required, and the computation of 

such method, in subpart (b). The amendment clarifies subpart(c),and lists the methods and 

procedures in subpart (d). New methods of calculating the annual primary and secondary 

PM2.5 and 24-hour primary and secondary PM2_5 standards are added. 

Section 243,120 PM10 and PMz.s 
Electronic Filing- Received, Clerk's Office, December 28, 2010 

* * * * * PC# 5 * * * * * 

b) PMlJ!_Measurement Method. For detennining conformance with the PM 10 

ambient air quality standards, PM 10shall be measured by the method described in 

40 CFR 50 or an equivalent method designated in 40 CFR 53, Appendix J 

(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 with The eemfJulatieAs Aeeessary fer aAalyz;iAg 

flaFtieulate malter aata te aetermiRe attaiArl'leAt eftlle PMew-sf<maaras are 

aeserieea iA 40 CFR 50, Appendix K (incorporated by reference in Section 

243.1 08). 

c) PM 2.5 Standards. The primary and secondary ambient air quality standards for 

PMz.s are: 

I) An annual arithmetic mean concentration of 15.0 micrograms per cubic 

meter; and as measured and determined in conformance with subsection 

(d) below. 

2) A maximum 24-hour concentration of 35 micrograms per cubic meter, at 

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

with subsection (d) below. 

d) Measurement Method for PM2.s. For determining conformance with the PMz.s 

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

40 CFR 50, Appendix L (incorporated by reference in Section 243.1 08). 

Compliance with the standards is determined using the methods and procedures 

The eempHtatiens neeessary fer aRalyz;ing flBFtieHiate malter aata te aetermine 

attaiRmeAt eftlle Pl\{g staneanls are described in 40 CFR 50, Appendix N 

(incorporated by reference in Section 243.1 08), or an equivalent method 

designated in 40 CFR 53. 

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 egual to 15.0 ug/m3 

• 

.f} The 24-hour primary and secondary PM2 5 standards are met when the 98'h 

percentile 24-hour concentration, as determined in accordance with 40 

CFR 50, Appendix N, is less than or equal to 35 ug/m3

• 

5. Amend Section 243.125 to explain when the primary and secondary ambient air quality 

standards for 8-hour ozone are met. 

Section 243.125 8-Hour Ozone 
Electronic Filing- Received, Clerk's Office, December 28, 2010 

* * * * * PC# 5 * * * * * 

a) Standard. The primary and secondary ambient air quality standards for ozone are 

0.075 parts per million (ppm) daily maximum 8-hour average concentration, 

· measured and determined in accordance with subsection (b) below. 

b) Measurement Method. fer aeten'l'liRillg eeRfermaAee witll tile ezeRe air EJIIality 

sta!lsars, ezeRe Ozone shall be measured by!! the reference method specified ]rr 

40 CFR Part 50, Appendix_D, or equivalent method as described in 40 CFR Part 

50, Section 50.1, all designated as prescribed by 40 CFR Part 53 (2003t, 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 egual to 0.075 ppm. as determined aAs tile IRterflretatieA ef tile 

J>IAAQS fer 0:, using 40 CFR Part 50, Appendix P, (incorporated by reference in 

Section 243.108). 73 fee. Reg. 164313 (Marell27, 2()()8). 

6. Amend Section 243.126 to clarify the form of lead measured and the reference method used 

to do so. 

Section 243.126 Lead 

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

measured as elemental lead is 0.15 micrograms per cubic meter, maximum rolling 

three month average measured and determined over a three-year period. 

b) Measurement Method. For determining conformance with the ambient air quality 

standards for lead and its compounds, lead and its compounds shall be collected 

by the reference method specified in 40 CFR Part 58 Appendix B and measured 

by the atomic absorbtion spectrometry or equivalent method as described in 40 

CFR 50 Appendices G and Q, as incorporated by reference in Section 243. I 08 of 

this Part. The 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. 

Respectfully submitted, 

ILLINOIS ENVIRONMENTAL 

PROTECTION AGENCY 

Is/ Charles E. Matoesian 

Charles E. Matoesian 

Assistant Counsel 

DATED :_----'D""e"'c"'e""m"'b""er'-'2"'8"'--"2-"-0...,1 0'-----

I 021 North Grand Avenue East 

P.O. Box 19276 

Springfield, lllinois 62794-9276 

(217) 782-5544 
. . Electronic Filing- Received, Clerk's Office, December 28, 2010 

* * * * * PC# 5 * * * * * 

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, an attorney, state that I have electronically served the attached FIRST 

ERRATA SHEET of the Illinois Environmental Protection Agency upon the persons to whom it 

is directed. 

TO: 

John Therriault, Assistant Clerk 

Illinois Pollution Control Board 

State of Illinois Center 

100 West Randolph, Suite 11-500 

Chicago, Illinois 60601 

David Kolaz 

Executive Director 

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 

Dated: December 28,2010 

I 021 North Grand Ave. East 

Springfield, IL 62794-927 

217.782.5544 

217.782.9143 (TDD) 

Matthew Dunn, Division Chief 

Environmental Enforcement/ 

Asbestos Litigation Division 

Attorney General's Office 

69 W. Washington St, Suite 1800 

Chicago, Illinois 60602 

Virginia Young 

Chief Legal Counsel 

Illinois Dept. of Natural Resources 

One Natural Resources Way 

Springfield, Illinois 62702-1271 

ILLINIOS ENVIRONMENTAL 

PROTECTION AGENCY, 

Is/ Charles E. Matoesian 

Charles E. Matoesian 

Assistant Counsel 

Division of Legal Counsel 
' Electronic Filing - Received, Clerk's Office, January 3, 2011 

* * * * * PC# 6 * * * * * 

!EPA ATTACHMENT NO(}, :;2. ·--

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD 

IN THE MATTER OF: 

AIR QUALITY STANDARDS CLEAN-UP: 

) 

) 

) 

) 

) 

R09-19 

AMENDMENTS TO 35 ILL. ADM. CODE (Rulemaking- Air) 

PARTS 217,223, AND 243 

NOTICE OF FILING 

TO: Mr. Jolm C. Therriault 

Assistant Clerk of the Board 

Illinois Pollution Control Board 

100 W. Randolph Street 

Suite 11-500 

Chicago, Illinois 60601 

(VIA ELECTRONIC MAIL) 

Mr. Timothy J. Fox 

Hearing Officer 

Illinois Pollution Control Board 

100 W. Randolph Street 

Suite 11-500 

Chicago, Illinois 60601 

(VIA U.S. MAIL) 

(SEE PERSONS ON ATTACHED SERVICE LIST) 

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

the Illinois Pollution Control Board the FIRST NOTICE COMMENTS OF THE 

ILLINOIS ENVIRONMENTAL REGULATORY GROUP, copies of which are 

herewith served upon you. 

Dated: January 3, 2011 

Alec M. Davis 

General Counsel 

ILLINOIS ENVIRONMENTAL 

REGULATORY GROUP 

215 East Adams Street 

Springfield, Illinois 62701 

(217) 522-5512 

Respectfully submitted, 

By: Is/Alec M. Davis 

Alec M. Davis 

THIS FILING SUBMITTED ON RECYCLED PAPER 
' Electronic Filing- Received, Clerk's Office, January 3, 2011 

* * * * * PC# 6 * * * * * 

CERTIFICATE OF SERVICE 

I, Alec M. Davis, the undersigned, hereby certify that I have served the attached 

FIRST NOTICE COMMENTS OF THE ILLINOIS ENVIRONMENTAL 

REGULATORY GROUP, upon: 

Mr. John T. Therriault 

Assistant Clerk of the Board 

Illinois Pollution Control Board 

100 West Randolph Street 

Suite 11-500 

Chicago, Illinois 60601 

via electronic mail on January 3, 2011, and upon: 

Mr. Timothy J. Fox 

Hearing Officer 

Illinois Pollution Control Board 

100 W. Randolph Street. Suite 11-500 

Chicago, Illinois 6060 I 

Charles E. Matoesian, Esq. 

Assistant Counsel 

Illinois Environmental Protection Agency 

1021 North Grand A venue East 

Post Office Box 19276 

Springfield, Illinois 62794-9276 

Katherine D. Hodge 

Monica T. Rios 

Hodge Dwyer & Driver 

3150 Roland A venue 

POBox 5776 

Springfield, IL 62705 

Matthew J. Dunn, Chief 

Office of the Attorney General 

Environmental Bureau North 

69 West Washington Street, Suite 1800 

Chicago, Illinois 60602 

Virginia Yang, Esq. 

Illinois Department of Natural Resources 

One Natural Resources Way 

Springfield, Illinois 62702 

by depositing said documents in the United States Mail, postage prepaid, in Springfield, 

Illinois on January 3, 2011. 

Is! Alec M. Davis 

Alec M. Davis 
Electronic Filing - Received, Clerk's Office, January 3, 2011 

* * * * * PC# 6 * * * * * 

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD 

IN THE MATTER OF: 

AIR QUALITY STANDARDS CLEAN-UP: 

AMENDMENTS TO 35 ILL. ADM. CODE 

PARTS 217,223, AND 243 

) 

) 

) 

) 

) 

R09-19 

(Rulemaking- Air) 

FIRST NOTICE COMMENTS OF THE 

ILLINOIS ENVIRONMENTAL REGULATORY GROUP 

NOW COMES the Illinois Environmental Regulatory Group ("IERG"), by and through 

its attorneys, Alec M. Davis and HODGE DWYER & DRIVER, and submits its First Notice 

Comments in the above-captioned matter to the Illinois Pollution Control Board ("Board''), 

stating as follows: 

I. INTRODUCTION 

The Illinois Environmental Regulatory Group would like to thank the Board for the 

opportunity to submit these comments in regard to the First Notice Publication of the Board's 

proposed amendments to its air pollution regulations pursuant to the Air Quality Standards 

Clean-Up rulemaking. IERG has been an active participant in this rulemaking, having 

questioned witnesses and provided testimony at hearing, and by submitting post-hearing 

comments. 

The Illinois Environmental Protection Agency ("Illinois EPA" or "Agency") has 

proposed to amend the air quality standards for particulate matter, ozone, and lead codified at 35 

IlL Admin. Code Part 243 ("Part 243") to" ... reflect current national ambient air quality 

standards established by the U.S. EPA under the federal Clean Air Act." Statement of Reasons, 

In the Matter of Air Quality Standards Clean-Up: Amendments to 35 Ill. Adm. Code Parts 217, 

223, and 243, R09-!9 at 4 (Ili.Poi.Control.Bd. Dec. 1, 2008) (hereafter cited as "Statement of 
L 

Electronic Filing - Received, Clerk's Office, January 3, 2011 

* * * * * PC# 6 * * * * * 

Reasons," rulemaking hereafter cited as "R09-19"). From the time that the federal National 

Ambient Air Quality Standards ("NAAQS") were first adopted on April30, 1971, the Illinois 

EPA and the Board have expressed the intent to adopt Illinois standards that are substantively 

identical to the NAAQS. In the Board's opinion in In the Matter of Proposed Air Quality 

Standards (R72-7), adopted on July 10, 1975, the Board discussed the need for statewide 

ambient air quality standards, and among other things, concluded the following: 

... uniformity between state and federal standards is obviously desirable unless 

there is solid ground for disagreement, especially since we have already devised a 

plan for achieving federal standards. 

In light of the above considerations, the PCB today is proposing adoption of the 

federal standards. 

"Proposed Air Quality Standards," Board Newsletter #47, cited in In the Matter of Proposed Air 

Quality Standards, R72-7 at4-5 (III.Poi.Controi.Bd. July 10, 1975). 

The Board then proceeded to adopt the federal NAAQS. 

In proposing the amendments in the current matter for first notice, the Board continues 

the policy of maintaining uniformity between state and federal standards, unambiguously stating 

that the intent is to update Part 243 to reflect federal air quality standards. Opinion and Order of 

the Board, R09-19 at I (III.Poi.Controi.Bd. Nov. 4, 201 0) (hereafter cited as "First Notice 

Opinion and Order''). !ERG's testimony and comments in this proceeding are entirely intended 

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

the state standards in a manner different than the federal staiJ.dards. Neither the Agency nor 

!ERG have presented or have attempted to present testimony for the purpose of establishing a 

"solid ground for disagreement" between the state and federal standards, nor is !ERG aware of 

any other Board rulemaking having done so. Consequently, !ERG submits that the language of 

the Board's air quality standards should be unambiguous regarding their interpretation. Any 

2 
Electronic Filing- Received, Clerk's Office, January 3, 2011 

* * * * * PC# 6 * * * * * 

interpretation of the Board's air quality 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. !ERG's comments are based 

on this fundamental proposition regarding the relationship between the state and federal air 

quality standards and the need to eliminate the possibility of interpretations of the State standards 

that would differ from those of the federal standards. 

IERG would also ask the Board to revisit the issue of whether to amend the State 

standards not explicitly proposed by the Agency, as recommended by IERG. Post-Hearing 

Comments of the Illinois Environmental Regulatory Group, R09-19 (Ill.Pol.Control.Bd. Jun. 8, 

2009). To the extent that the Board declined to propose !ERG's recommendations, based upon a 

finding that IERG has not provided technical support, or shown the economic or environmental 

impact of the recommendation, IERG contends that the rationale in support is identical to that 

provided by the Agency, and cited approvingly by the Board: 

[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. 

First Notice Opinion and Order at 25 (citing Statement of Reasons at 4). IERG does not intend, 

through its recommended revisions, to make any substantive changes to the state air quality 

standards, other than to update them to reflect current federal law and standards. 

Following are !ERG's comments regarding specific elements of the Board's proposed 

amendments to Part 243 as published in the Illinois Register. 34 Ill. Reg. 17537 (Nov. 19, 2010). 

3 
Electronic Filing - Received, Clerk's Office, January 3, 2011 

* * * * * PC# 6 * * * * * 

II. PM10 AND PM~ s (SECTION 243.120) 

IERG concurs with the Board's proposed revisions to Section 243.120 contained in its 

Opinion and Order which will eliminate any ambiguity in the interpretation of this standard. The 

state and federal air quality standard will yield the same conclusion when applied to air quality 

data collected in lllinois. !ERG notes that the Illinois Register publication of the Board's 

proposed revisions contains changes that extend beyond punctuation, spelling, and grammar 

corrections. !ERG does not support such changes to the Board's proposed rule. !ERG notes that 

the Agency has submitted "errata" corrections regarding the First Notice and is proposing 

changes that would essentially revert the First Notice publication to that proposed by the Board 

for Section 243.120. First Errata Sheet of the Illinois Environmental Protection Agency, R09-19, 

2-3 (Ill.Pol.Control.Bd. Dec. 28,201 0). !ERG supports the substantive elements of the Agency's 

suggestions with the exception that the phrase, "or an equivalent method designated in 40 CFR 

53" that the Agency proposes to add to 243.120 (b) and (d) should read: "or an equivalent 

method designated pursuant to 40 CFR 53". Furthermore, these phrases should only occur after 

the words, "Appendix J" in the Board's original proposal for 243,120 (b) and after the words, 

"Appendix L" in the Board's original proposal for 243.120 (d). 

Ill. 8-HOUR OZONE (SECTION 243:125) 

IERG concurs with the Board's proposed revisions to Section 243.125, which will 

eliminate any ambiguity in the interpretation of this standard. The state and federal air quality 

standard will yield the same conclusion when applied to air quality data collected in Illinois. 

Again, the Illinois Register publication contains changes from the Board's proposal that extend 

beyond punctuation, spelling, and grammar corrections. Again, !ERG does not support such 

4 
Electronic Filing - Received, Clerk's Office, January 3, 2011 

* * * * * PC# 6 * * * * * 

changes to the Board's proposed rule. IERG notes that the Agency has submitted "errata" 

corrections regarding the First Notice and is proposing changes that would essentially revert the 

First Notice publication to that proposed by the Board for Section 243.125. IERG supports the 

substantive elements of the Agency's suggestions with one exception. IERG suggests that the 

first sentence of Section 243.125 (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". The language in this sentence that pertains to the reference and equivalent methods for 

measuring ozone are substantively the same as the language contained in the federal ozone 

standard which states, " .... measured by a reference method based on Appendix D to this part and 

designated in accordance with part 53 of this chapter or an equivalent method designated in 

accordance with part 53 of this chapter." 40 CFR 50.15(a). This will avoid possible confusion 

especially regarding the reference in the proposed rule to, " .... an equivalent method as described 

in 40 CFR Part 50, Section 50.1 ... " which is a reference to defmitions and is not use.d in the 

federal standard or any other of the Board's air quality standard that describes the concept of 

reference and equivalent measurement methods. 

IV. LEAD (SECTION 243.126) 

IERG had recommended some changes to the Agency's proposed revisions to the State's 

lead standard. In its Opinion and Order, the Board did not accept !ERG's recommended changes 

stating, "IERG does not support these suggested changes with technical support, evidence or 

arguments identifYing affected sources, or projected economic or environmental impact." First 

Notice Opinion and Order at 24. As stated generally above, !ERG's changes were made in light 

of the form and substance of the federal standard, which the Agency had stated it was emulating, 

5 
Electronic Filing - Received, Clerk's Office, January 3, 2011 

* * * * * PC# 6 * * * * * 

and were intended for the sole purpose of clarifYing this provision without adding significant 

substantive revision. Further, the federal standards are familiar to industry, and have been 

thoroughly discussed by the U.S. EPA. The federal National Ambient Air Quality Standard 

(NAAQS) for lead is as follows: 

§50.16 National Primary and secondary air quality standards for lead. 

(a) The national primary and secondary ambient air quality standards for lead (Ph) and its 

compounds are 0.15 micrograms per cubic meter, arithmetic mean concentration over 

a 3-month period, measured in the ambient air as Pb either by: 

(I) A reference method based on Appendix G of this part and designated in 

accordance with part 53 of this chapter or; 

(2) An equivalent method designated in accordance with part 53 of this chapter. 

(b) The national primary and secondary ambient air quality standards for Pb are met 

when the maximum arithmetic 3-month mean concentration for a 3-year period, as 

determined in accordance with Appendix R of this part, is less than or equal to 0.15 

micrograms per cubic meter. 

73 Fed. Reg. 67052 (Nov. 12, 2008). 

The Board's proposed lead rule presented in the Illinois Register for First Notice is as 

follows: 

Section 243.126 Lead 

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

lead are 0.1 Santi its eellljlellllels are 1.5 micrograms per cubic meter, 

maximum rolling three month average measured and determined over a 

three-year periodarill!meae meBR a-verage ever a- ealeftear Ejliarter. 

b) Measurement Method. For determining conformance with the ambient air 

quality standards for lead and its compounds, lead and its compounds shall 

be measured by the atomic absorption spectrometry or equivalent method 

as-described in 40 CFR 50, appendices G and 0. incorporated by reference 

in Section 243.108 of this Part. The primary and secondary ambient air 

quality standards shall be determined in accordance with 40 CFR SO, 

appendix R, incorporated by reference in Section 243.108 of this Part.App, 

G (1982). 

6 
Electronic Filing - Received, Clerk's Office, January 3, 2011 

* * * * * PC# 6 * * * * * 

34 Ill. Reg. at 17545. 

The Board's rule as proposed differs from the federal NAAQS in ways which could lead to 

unnecessary confusion. To illustrate the various ways a reader could be unnecessarily confused, 

!ERG has identified a number of possible issues. 1 

1 The Board's proposed rule in Section 243.126 (a) strikes out the phrase "and its compounds" but in 

Section 243.126 (b) specifies that compliance with the standard be determined by a measurement method for "lead 

and its compounds". The Board's primary and secondary standard in Section 243.126 (a) should list "lead and its 

compounds" as does the U.S. EPA rule listed above to avoid confusion and because there is no obvious reason to 

differ. 

The Agency has presented suggested corrections to this standard as part of its errata referred to earlier. In 

Section 243.126 (a) the Agency proposes to add the phrase" ... measured as elemental lead ... " after the word lead. 

However, in Section 243.126 (b) where the measurement method is described, the Agency does not suggest 

changing the phrase "lead and its compounds" as the pollutants being measured. 

!ERG suggests that the language used in the federal rule be used to describe the pollutants that are the 

subject of the standard by stating in Section 243.126 (a) that the primary and secondary air quality standards are for 

"lead and its compounds". The Agency's phrase "measurad as elemental lead" should be added to Section 243.126 

(b) to better describe the measurement method. This is consistent with the description that the US EPA provides in 

40 CPR 50, Appendix R where it states in part that, "The NAAQS indicator for lead is defined as: lead and its 

compounds, measured as elemental lead .... ". !ERG's specific suggestion in this regard is that the phrase "as 

elemental lead" be inserted in the first sentence of Section 243.126(b). 

The Board's proposed rule does not include a description of when the standard is met, though it does 

include a reference to an appendix in the federal rule (Appendix R) which presents the protocol for interpreting 

compliance with the standard. The Board's rule states in Section 243.126(b) states that, "The primarv and 

secondary ambient air gualitv standards shall be determined in accordance with Appendix R of Part 50 as 

incomorated by reference in Section 243.108 of this Part." It is not clear what is to be determined. The federal rule 

includes a brief description of the criteria for determining compliance with the standard and also includes a reference 

to Appendix R. The federal rule states that the" ... national primary and secondary ambient air quality standards for 

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An alternative approach that would track the federal rule more closely and provide less 

opportunity for confusion is to make the following changes to the Board's proposed rule in 

Section 243.126. !ERG's additions are shown as bold italics and deletions as ae~:~llle strills 

Pb are met when the maximum arithmetic 3-month mean concentration for a 3-year period, as determined in 

accordance with Appendix R of this part, is less than or equal to 0.15 micrograms per cubic meter." This 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. 

The Board's proposed rule in Section 243.126 (b) states that" ... lead and its compounds shall be measured 

by the atomic absorption spectrometry or equivalent method as described in 40 CFR 50 AJ)l?endice~ 

~l!IIQ_Q, ... " However, appendix Q does not describe the atomic absorption spectrometry method but describes 

the X-ray fluorescence method. Furthermore, the Agency in its errata referred to previously suggests adding the 

phrase," ... collected by the reference method specified in 40 CFR Part 58 Appendix B." to Section 243.126(b). This 

reference is apparently intended to refer to Part 50, appendix B since Part 58 appendix B is reserved. 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._ Appendix Q 

describes a method that may be used to show a violation of the standard but may not be used to show compliance. 

Furthermore, this method can only be used in special circumstances which are described in 40 CFR 58, appendix C 

and also in 40 CFR 50, appendix R. Only the method described in 40 CFR 50, appendix G may be used to show 

compliance to the Board's proposed standard but both the method in 40 CFR 50, appendices G and Q may be used 

to show a violation of the standard. The U.S. EPA NAAQS for lead only refers to 40 CFR appendix G. Its 

reference to 40 CFR 50, appendix R is the means it uses to allow the use of the method in 40 CFR 50, appendix Q in 

certain specified situations. !ERG's proposed language for Section 243.126(b) is intended to mirror the federal 

standard. 

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Section 243.126 Lead 

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

lead and its compounds (Pb) are 0.15anEI its eeffijle!HlEis are 1.5 

micrograms per cubic meter, maximum rolling three calendar month 

arithmetic mean concentration avemgs measured and determined over a 

three-year periodaritbmetie mean Ewerage e";er a ealeaEiar €t"'arter. 

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 531ly tll.B 

a~em:ie afiB€1ff!ti0n 8f3€etraRtetiy er SCfUi Wsllt me~eS as 8ese¥:i@s8 iD 40 

CFR §Q, 8!lJ11BBaiess C ruul 0. incorporated by reference in Section 

243.108 of this Part. Compliance with the+M primru.y and secondary 

ambient air qualitv standards shall be determined in accordance with 40 

CFR 50. appendix R. incorporated by reference in Section 243. I 08 of this 

Part.Aj)fl. G (1982). 

IERG believes that the changes it proposes above 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. 

V. SULFUR OXIDES <SECTION 243.122) 

The Board's air quality standard for sulfur oxides 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. This finding of fact was clearly described in the Board's Opinion 

and Order and is not the subject of debate. First Notice Opinion and Order at 17, 18, and 22. 

!ERG has argued that this air quality standards clean-up proceeding should include language to 

clarify this rule. As stated in the Board's Opinion and Order and stated previously in these 

comments, the current sulfur oxides standards in Section 243.122 were adopted by the Board on 

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July 10, 1975, and according to the Board, the standards were " ... .identical to the federal 

standards." Board Opinion,ln the Matter of Proposed Air Quality Standards, R72-7 at14. 

Given this fact and the Board and Agency's continuing assertion that the Board rules arc 

intended to be the same as the federal rules on which they were based, it should not be possible 

for the Agency to use these rules to purposely arrive at a different result than that derived from 

application of the federal standard. The fact that the Agency has chosen to use the ambiguous 

language of the rule to produce a result never intended by the formal rulemaking does not justify 

such actions. IERG agrees with the Board's statement that states are allowed to have a more 

stringent air quality standard, but IERG contends that such a substantive change to a standard 

should be promulgated by the Board through proper rulemaking procedures. IERG is unaware of 

any rulemaking to adopt a state standard in Illinois that differs from the federal standard. The 

fact that both the Board and the Agency admit that the rule is being interpreted by the Agency in 

a manner that is more stringent than the federal standard 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 oxides standards were adopted. 

However, since the time of the Board's hearings in this matter, the U.S. EPA has 

promulgated a new sulfur dioxide NAAQS wherein it is revoking both the 24-hour and the 

annual standards. 75 Fed. Reg. 35520 (Jun. 22, 2010). Consequently, while IERG believes that 

the current state standard should be clarified as long as it remains "on-the-books", the 

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. 

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Vl. NITROGEN DIOXIDE I SECTION 243.124) 

!ERG contends that the Board rule for nitrogen dioxide is past due for updating. As 

stated in the Board's First Notice Opinion and Order and elsewhere in these comments, the state 

rule is intended to be substantively the same as the federal rule. Furthermore, it is reasonable to 

conclude 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 the parity on which the rule was originally 

promulgated. That has not been done, and has resulted in confusion in the regulated community. 

IERG submits that it is not sufficient for the Board and the Agency to argue that it is proper and 

acceptable for the State to have a more stringent rule when the rule was adopted on the basis of 

being the same as the federal rule. IERG is unaware of any justification having been provided in 

the Board's prior rulemakings for this pollutant that would argue for a more stringent 

interpretation. Furthermore, as stated by !ERG in its testimony, the Agency is following the U.S. 

EPA's air quality standard for nitrogen dioxide in all of its data collection and reporting. It is not 

using the Board's rule. Pre-Filed Testimony of David J. Kolaz on Behalf of the Illinois 

Environmental Regulatory Group, R09-19, 4-5 (III.Pol.Control.Bd. Apr. 14, 2009). IERG's 

suggestion to codify changes to the Board's rule to reflect the U.S. EPA clarifications would 

simply formalize the practice the Agency is currently following. 

Since the time of the Board hearing in this matter, the U.S. EPA has promulgated a new 

nitrogen dioxide standard while retaining the current annual standard. 75 Fed. Reg. 6474 (Feb. 

9, 201 0). IERG anticipates that at some point the Agency will propose adoption of the federal 

standard and this matter can be addressed at that time. Given 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 

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or unclear. IERG suggests that this rulemaking be used to clarify the state's rule for the annual 

standard as it proposed in its previous comments. 

VII. CARBON MONOXIDE (SECTION 243.123) 

!ERG believes that the Board's rule for this pollutant should be clarified to maintain 

compatibility with the federal standard which it is intended to represent. The U.S. EPA last 

made changes to its carbon monoxide NAAQS in 1985, choosing to express the standard in parts 

per million and parenthetically in milligrams per cubic meter. 50 Fed. Reg. 37501 (Sept. 13, 

1985). This is the reverse of the way it is currently expressed in the state standard. At that time, 

the U.S. EPA also updated the standard to include data completeness and handling criteria. U.S. 

EPA uses a running non-overlapping approach to interpreting compliance with the 8-hour 

standard. !ERG also suggests that the rounding convention and data completeness and data 

handling components of the U.S. EPA rule be incorporated. Lastly, !ERG believes that the state 

rule should also specify that the 8-hour standard is determined using non-overlapping (block) 

averages. 

VIII. CONCLUSION 

!ERG supports the efforts of the Agency and the Board to "clean-up" the Illinois air 

quality standards. This effort, however, should be extended beyond the Agency's proposal to 

include clarifications to Illinois' sulfur oxides, nitrogen dioxide, and carbon monoxide standards. 

This 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. IERG believes the standards will then more 

accurately reflect the methods and techniques that the Agency uses to interpret the standards, 

with two exceptions. Unlike its current practice of interpreting the sulfur oxides and carbon 

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monoxide standard on a running average basis, the Agency will need to follow the block 

averaging approach used by the U.S. EPA. Although 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. 

IERG offers these comments to facilitate achieving 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. !ERG appreciates the opportunity to 

comment. We will be pleased to answer any questions that may arise. 

Dated: January 3, 2011 

Alec M. Davis 

General Counsel 

ILLINOIS ENVIRONMENTAL 

REGULATORY GROUP 

215 East Adams Street 

Springfield, Illinois 62701 

(217) 522-5512 

Respectfully submitted, 

ILLINOIS ENVIRONMENTAL 

REGULATORY GROUP 

13 

By: Is/Alec M. Davis 

One oflts Attorneys 

Katherine D. Hodge 

Monica T. Rios 

HODGE DWYER & DRIVER 

3150 Roland Avenue 

Post Office Box 5776 

Springfield, Illinois 62705 

(217) 523-4900