### Electronic Filing - Received, Clerk's Office, June 9, 2009 * * * * * PC 3 * * * * * l 

### (o tEPA ATTACHMENT**NO.~** BEFORETHE 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 I00 West Randolph, Suite 11-500 Chicago, Illinois 60601-3218 Matthew Dunn, Chief ) ) ) ) ) ) NOTlCE 

### R09-19 (Rulemaking -Air)

Tim Fox, Hearing Officer Illinois Pollution Control Board James R. Thompson Center 100 West Randolph, Suite 11-500 Chicago, Illinois 60601-3218

Division ofEnvironmental Enforcement Office ofthe Attorney General Dave Kolaz Alec Davis Illinois Environmental Regulatory Group 215 E. Adams St. 69 West Washington St., Suite 1800 Chicago, IL 60602 Springfield, IL 62701 Virginia Yang, Deputy Legal Counsel Illinois Department ofNatural 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 NOTICEthat I have today filed with the Office ofthe Pollution Control Board the MOTION TO FILE INSTANTER THE CORRECTED POST-HEARING COMMENTS and CORRECTED POST-HEARING COMMENTS ofthe Illinois Environmental Protection Agency a copy ofwhich is herewith served upon you.

DATED: June 9, 2009 I021 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 ofLegal 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 I0I.502 and I02.402, moves that the Hearing Officer allow for the filing instanter ofcorrected post-hearing comments ofthe 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 ofthe 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 ofthe 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 ofLegal 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. CODEPART 243 ) 

### ) ) 

### ) ) ) R09-19 Rulemaking

- Air

CORRECTED POST-HEARING COMMENTS

NOW COMES the ILLINOIS ENVIRONMENTAL PROTECTION AGENCY ("lllinois EPA"), by one ofits attorneys, and hereby submits its post-hearing comments to the second hearing in the above rulemaking proceeding. The Illinois EPA has reviewed the transcript ofthe April 28, 2009, hearing and responds to the information presented as follows: The Illinois EPAproposed 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-hourozone. In addition, the !-hourozone standard was revoked and several non-substantive changes were made to the rule as partofthe "clean up." The rulemaking was always intended to be oflimited scope. At no time did the Agency claim that the purpose ofthe rulemaking was to make all ofthe standards in Part 243 identical to the federal Code ofFederal Regulations. In the Statement of Reasons the Agency stated:

This proposed rulemaking simply updates the existing regulation and is a result ofnew 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 AirAct ("CAA") requirements. Recent changes by the U.S.

1

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### PC 3 * 

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EPA require amendments to the Illinois rules to reflect the new NAAQS for both ozone and particulate matter. Statement ofReasons 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 bythe U.S. EPA." Id. at 4. This statement indicates that the Agency did not intend there to be any substantive effectto

sources by proposingthis rulemaking. The Illinois Environmental Regulatory Group's ("!ERG") characterization ofthe rule would have a substantive effect; that ofrelieving one oftheir members from liabilityby the Illinois EPA. Moreover, the changes Illinois EPA proposes all strengthen existing standards. !ERG'sproposal would have the affect ofweakening existing standards. In addition, there would probably be far greater participation by stakeholders ifthey knew the scope ofthe 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 ofRobert Kaleel, wherein he stated, "[t]hepurpose ofmy testimony is to explain the purpose ofthis proposal, which will amend 35 Ill. Adm. Code Part 243 ("Part 243") to update Illinois' air quality standards to reflect several revisions ofthe National Ambient Air Quality Standards ("NAAQS") promulgated bythe 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.
Atthe hearing on March I0, 2009, Mr. Kaleel clearly and repeatedly stated that the Agency intended no changes for the S02, CO, and N02 related sections ofPart 243. In response

2

### Electronic Filing - Received, Clerk's Office, 

### June 9, 2009 * * * 

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### PC 3 * * 

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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 ofMarch I0 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 ofFederal Regulations. Prefiled testimony ofKolaz, 2. !ERG speaks ofconfusion ifthe 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 ofApril 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 S02monitoring 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 ofrunning averages. The use ofrunning averages has been !EPA's interpretation ofthe S02NAAQS ever since.
This debate about averaging has spawned much litigation. But, as the courts have stated, both forms ofaveraging are allowed. NRDC v. Thomas, 845 F.2d I088, I091 (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. "BlockAverages in Implementing S02 NAAQS

... quotedin Thomas, 845 F.2d at I097. The memo, however, specifically stated that states were free to develop more stringent standards under Section 116 ofthe CAA. !d. Moreover, the USEPA stated in a separate Federal Register posting that the intent ofthis 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 ofthe CAA. Running averaging has notproscribed.
Section I 16 ofthe CAA allows Illinois, like all states, the freedom to enact regulations

more stringent than federal ones. Ithas long been agreed that running averaging is slightly more stringent than block averaging. PPGIndustries v. Castle, 659 F.2d 1239, 1250 (DC Cir. 1981). Accordingly, the Illinois EPA is free to use running averaging for the monitoring ofSOz. In fact Illinois EPAhas never wavered from its use ofrunning 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 ofthe 

## so2 standard in Illinois. Indeed, priorto 2007, the state had been in compliance with the S02 NAAQS for many years.
In 2007, two exceedances ofthe 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 ofthe 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 ofrelaxing the S02standard for all sources in IIIinois. Thus all

sources in Illinois could increase their emissions ofS02leading to an unnecessary increase in pollution. Byforcing the Illinois EPA to change its longstanding interpretation ofthe 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 ofCO and N02would make the standards different from the federal standards. We note that !ERGs recommendation for CO and N02 in this regard is inconsistentfrom its position regarding S02 . For S02 , !ERGrequests 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. Typicallyparts 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 percubic 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 * 

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### * *

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 ofthe lllinois EPA. This rulemaking was intended to be a simple updating ofPart 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 ofsuch. To force Illinois to use block averages would relax the 

## so2 standard and increase

## so2 emissions throughout Illinois, notjustfrom 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 AMENDMENTSTO 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 TAKENOTICE that I have today filed with the Office ofthe Pollution Control Board the MOTION TO FILE INSTANTER A REQUEST TO ADD AN AMENDMENT TO PART 223 TO THE CURRENT RULEMAKING ofthe Illinois Environmental Protection Agency a copy ofwhich is herewith served upon you.

DATED: July 29,2009 I021 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 ofLegal Counsel

THISFILING 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 thatthe Illinois Pollution Control Board (" Board") allow for the filing instanter ofan amendment to Part 223 as part ofthis Clean-Up rulemaking ofPart 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 ofthe rule, it came to the Agency' s attention that one category ofcoatings 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 ofthe 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 tojust floor contact adhesives or also contact adhesives that

are construction and panel adhesives also. Further, ifit 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 ofmanufacturers and retailers for uniformity. Moreover, consistency between the Illinois rule and other state rules was a goal ofthe 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 ofLegal Counsel

3

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

STATE OFILLINOIS 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 I00 WestRandolph 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 ofLegal 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 I00 West Randolph, Suite 11-500 Chicago, Illinois 60601 Matthew J. Dunn, Chief Office ofAttorney General Environmental Bureau 69 W. Washington St., Suite 1800 Chicago, IL 60602 Virginia I. Yang Illinois DepartmentofNatural Resources Office ofLegal Counsel OneNatural Resources Way Springfield, IL 62702-1271 Mark A. Biel Chemical Industry Council ofIllinois 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 AlecDavis Illinois Environmental Regulatory Group 215 E. Adams St. Springfield, IL 62705Page I ofI

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> <foxt@ipcb.state.iLus> 

# Y ()t

# + OCT 

## 022009 To: 8/31/2009 3: II PM 

### ·\!

### ()9 /I

# q1 '·

- --------- STATE OF I FW: Subpart 

### Q 

### t" _;_.--- Pollution

## Con~~NOIS "LaDonnaDriver" <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 gotstruck 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 Haveyou looked at the final version ofthe rule? I noticed a problem at 388(a)(2)(B). Thereference in the first lineto 386(a)(l)(B) (doesn'texist) shouldbe 386(a)(2). Thiswas a casualty ofthe reorganization of388- it looks like someone changed 388(a)(2) to 388(a)(l)(B) and did itfor this 386 reference in error. 

### LaDonnaDriver 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

... I0/2/2009ILLINOIS POLLUTION CONTROL BOARD November 4, 20I0 IN THE MAITER 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) IEPA ATTACHMENT NO.

# R

Forfirst-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 ofthe 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 ofthese 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 ofthis rulemaking and then addresses preliminary issues. The Board then provides background on federal air quality standards before summarizingthe 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 theproposed 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 ofthe 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 ofParts 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 ofJanuary 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 I0, 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 instanterthe testimony ofMr. 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 I0, 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 ofthis 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 ofMr. Kaleel. Tr.l at4-5. In an order dated March I0, 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 sheetto its proposal (Errata). On the same date, !ERGpre-filed the testimony ofMr. David L. Kolaz (Kolaz Test.) for the second hearing. The second hearing took place on April 28, 2009, and the Board received the transcript (Tr.2) on May 7, 2009. During the second hearing, the hearing office admitted three exhibits into the record: the coverpage, page six, and pages 62-66 ofthe Agency's 2007IllinoisAnnual Air QualityReport (Exh. 2); a "Summary ofPekin SulfurDioxide Data from USEPA's [United States Environmental Protections Agency's] Airdata System" (Exh. 3); and a document entitled "Example Standard Language for Sulfur Oxides, CarbonMonoxide and Nitrogen Dioxide" (Exh. 4). As required by Section 27(b) ofthe Act (415 !LCS 5/27(b) (2008)) the Board requested in a letter dated December 19, 2008, that the Department ofCommerce and Economic Opportunity (DCEO) determine whether it would conduct an economic impact study ofthe Agency's rulemaking proposal. DCEO did not respond to the Board's request. Atthe second hearing, the hearing officer noted the Board's request to DCEO and the absence ofa response to3 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 IERG (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 October2, 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 ofthese proposed amendments in the Illinois Register will start a period ofat' least 45 days during which any person may file a public comment with the Board, regardless ofwhetherthe 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 numberfor this rulemaking, R09-I9, should be indicated on the public comment. Public comments must be filed with the Clerk ofthe 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 6060I 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 ofthe 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 checkwith the hearing officerorthe Clerk's Office to verify the most recent version ofthe 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 ofa 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 I0 1.500(d) ofthe Board'sprocedural rules provides in pertinent part that, "[w]ithin 14 days after service ofa motion, a party may file a response to the motion. Ifno response is filed, the party will be deemed to have waived objection to the granting ofthe motion, but the waiver ofobjection does not bind the Board orthe hearing officer in its disposition ofthe 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 oftheAgency's motion, and in the absence ofany 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 FileInstanter a Request to Add an Amendment to Part 223 On July 28, 2009, the Agency filed a "Motionto FileInstanter a Request to Add an Amendmentto 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 theIllinois Register. Mot. Add. at 1; see 33111. Reg. 8224 (June 19, 2009). The Agency states that, soon after publication ofthe adopted rule, it noted that the regulation included an error in the name ofone category ofcoatings. 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. TheAgency characterizes use ofthe 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 CoveringAdhesives." /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 otherjurisdictions. 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]orrectingthis 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 ofPart 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 ofa motion, a party may file a response to the motion. Ifno response is filed, the party will be deemed to have waived objection to the granting ofthe motion, but the waiver ofobjection does not bind the Board or the hearing officer in its disposition ofthe 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 ofthe Agency's motion, and in the absence ofany response, the Board grants the motion and includes the proposed substitution ofone word in its order below. BACKGROUND ON FEDERAL AIRQUALITY STANDARDS The Clean AirAct (CAA) establishes both primary and secondary air quality standards. TSD at I. "Primary standards are limits for protectingpublic health, including the health of 'sensitive' populations (such as asthmatics, children, and the elderly). Secondary standards establish limits to protect the welfare ofthe public, which includesprotection against decreased v.isibility, damage to buildings, crops, animals, and vegetation." 

### !d. The CAA requires that the United StatesEnvironmental 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 USEPA review, on a periodic basis, new scientific evidence about the effects ofthese 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 OFAGENCY'S ORIGINAL PROPOSAL In its original proposal, the Agency states that it seeks simplyto update Part 243 ofthe Board's air pollution regulation. SRat I, 4; see 35 Ill. Adm. Code 243.101 etseq. The Agency further states that the Board originally adopted these regulations in orderto 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 ofnew standards will have no real effectupon 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 ofthe prior standard. SR at 2, citing 73 Fed. Reg. 16436 (Mar. 27, 2008); see TSD at I. Second, the Agency indicates that theproposal reflects a number ofrecent changes to the NAAQS for particulate matter, which address both coarse particulate matter with a diameter

### 6 less than I0 micrometers (PM 10) 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 ofamendments 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. SubpartA: General Provisions Section 243.107 Reference Conditions Section 243.107 now provides in its entirety that "[a]ll measurements ofair quality are correctedto a reference temperature of25° C, and to a reference pressure of760 millimeters of mercury (I013.2 millibars)." 35 Ill. Adm. Code 243.107; 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 243.108; 

### see Prop. at 4. The Agency first proposes to amend subsection (g), which incorporates Appendix K of40 C.F.R. 50 providing interpretation ofthe NAAQS for particulate matter. 35 Ill. Adm. Code 243 .I08(g); 

### see SR at 3, Prop. at 4. The Agency states that USEPA amended Appendix K in 2006 and proposes to update the incorporation with a citation to that amendment. Prop. at 4; 

### see SRat 3, citing 73 Fed. Reg. 61144 (Oct. 17, 2006). The Agency also proposes to incorporate three new materials. The first ofthem, Appendix L to 40 C.F.R. 50, "describes the reference method used for the determination offine particulate matter as PM25 in the atmosphere." SRat 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 ofthe NAAQS for PM2.s and provides a calculation for determining the maximum 24-hour concentrations ofit. SRat 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 oftheNAAQS for ozone and provides for measurement ofits daily maximum 8-hour concentration. SRat 2, citing 73 Fed. Reg. 16436 (Mar. 27, 2008); 

### see Prop. at 4.7 SubpartB: Standards and MeasurementMethods Section 243.120 PM-10 Section 243.120 now provides ambient air quality standards for PM-I 0 expressed in terms ofan 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-I0" to "PM 10." 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 USEPA "revoked the annual PM 10 standard which had been calculated as the annual arithmetic mean concentration of50 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 "leftthe daily PM 10 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 Agencyproposesto add to Part 243 a new section addressing PM2.5. Prop. at 5; 

### see SRat 2. The Agency notes that USEPA 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 of35 micrograms percubic 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 ofa "maximum !-hourconcentration 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 compliancewith 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). TheAgency seeksto 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 spectrometryor 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 orderto include the citation tothe Federal Register codifying the new lead standard and the citation to the Code of Federal Regulations on measurement ofambient 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 soughtto amend Part243 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. Atthe first hearing, counsel for IERG noted that OSEPA establishes NAAQS for specific pollutants and asked whetherthe Agency had performed any analysis ofits 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 OSEPA and had not performed an independent review ofthe federal standards. !d. Acknowledging that the standards for ozone and PM2.s have been appealed, Mr. Kaleel agreed that, ifeither ofthose standards changed as a result ofappeal, the Agency would begin to incorporate those changes. !d. at I0. 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 IERG also noted that Agency had not proposed to adopt the 1997 one-hour ozone standard into Part 243, even though it was the subject ofrulemaking 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 ifthat standard is not included in Part 243, Illinois has an obligation under federal law to address it. !d. Addressing the PM 10 standard, counsel for 1ERG noted that the Agency'sproposal did not explicitly include the language ofthe federal standard at 40 C.F.R. 50.6(a). Tr.1 at 15-16; see Exh. 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 ofAppendix K); see Errata at 3 (amending Section 243.120(a)). Addressingthe PM2.5 standard, counsel for IERG 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). IERG 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 ofrounding issues, the difference between 15 and 15.0 "could conceivably have a substantive effect." 

### !d. at 18. Accordingly, he indicated that the Agency "probablywould intend to amend that." !d.; see Errata at 3. In addition, Mr. Kaleel stated thatthe 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 whethertheAgency's proposal was consistent with the federal standard. Tr.l at 19-20; see Exh. 1at 4 (40 C.F.R. 50.10). Mr. Kaleel stated that the Agency intended thatthetwo 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 exactlyconsistent 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. 1at 1-2 (40 C.F.R 50.4, 50.5) and35 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 statedthat 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. 1at 3 (40 C.F.R. 50.8) and351Jl. Adm. Code 243.123. !ERG stated10 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 ofboth 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 Agencyproposed no change to it. Jd. at 25; see40 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 ofrules it had submitted to the Board. Errata at I. First, the Agency proposed to amend the table ofcontents ofPart243. Errata at 1-2. Notingthat it had originallyproposed to codify PM25 standards in a new section numbered 120a, the Agency sought to "resolve any questions over the propriety ofusing 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 '243.108 by adding 40 C.F.R. 50, Appendix R. Errata 1at 2, 3; see Tr.l at 22. The Agency argues that this amendment is necessary because ofchanges made to the NAAQS for lead. !d. at 2. The Agency states that "Appendix R to 40 C.F.R. 50 contains the Interpretation oftheNational Ambient Air Quality Standards for Lead." !d. Third, the Agency proposes to include language originallyproposed 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 ofthe Code ofFederal 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 ofFederal Regulations, Part 50." Errata at4-5. Fifth, the Agency also seeks to amend Section 243.126 addressing lead so that its language is more consistent with the provisions ofthe Federal Register. !d. at 5, citing 73 Fed. Reg. 16436 (Nov. 12, 2008); see Tr.l at I9-20. In his testimony on behalfofIERG at the second hearing, Mr. Kolaz stated that the errata sheet "isproposingchanges that appear to better conform the Agency's proposed revisions to the USEPA's national ambient air quality standards in orderto ensure that such standards are identical in substance." Tr.2 at 10.II
IERG TESTIMONY In pre-filed testimony on behalfofIERG, Mr. Kolaz recognized the Agency's stated purpose ofamending 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 ofthe 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 priorto 1997, which should be addressed in this rulemaking." Kolaz Test. at 2. The Board summarizes addresses Mr. Kolaz's testimony on behalfof!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 ofthe State standard." Kolaz Test. at2; see Tr.2 at 32- 33. First, !ERG states that USEPA 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 USEPA explainsthis convention in the following terms: "[u]nderthe 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). !ERGfurther argues that USEPA has concludedthat, "[g]iven a fixed standard level, the use ofthe alternative, running averages, would represent a tightening ofthe 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 ofthe 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 behalfof!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 ofthe 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 ofboth 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 summarizedthe same data using block averages and concluded there was only one exceedance. Since one12
exceedance does not constitute a violation according to both the federal and state sulfuroxide air quality standard, the USEPA 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 ofthe 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 I6. He acknowledged that, by the 1970s, monitoring technology improved and became sophisticated enough to collect smaller samples and allow smaller averagingtimes. 

### 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 ofrunning averages is more stringent than block averages and is allowed byUSEPA. /d. at 17-18. Nonetheless, he suggested that !ERG'sproposal would address vagueness thatresults 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 ofppm instead ofmicrograms per cubic meter. Kolaz Test. at 3, see id, Att. I (comparison), Tr.2 at 22. !ERG notes that the Agency's 2007IllinoisAnnualAir QualityReport expresses standards for pollutants including sulfur oxides in terms ofppm. Id., see Exh. 2. !ERG claims that "[t]here is no reason to continue to showthe State standards interms of micrograms per cubic meter. This can cause confusion and errors ifthe data are converted to micrograms percubic meter, and then compared to the standard." Kolaz Test. at 3. !ERG elaboratesthat "[t]he number ofsignificant digits ofthe sulfur oxides standard expressed as 365 micrograms per cubic meterprovides a different result than the standard expressed as 0.14parts per million." Kolaz Test. at 3; see Tr.2 at 24. !ERG argues that, although a value of366 micrograms per cubic meterwould exceed the State sulfur oxides standard, that value convertsto 0.138 ppm. Kolaz Test. at 4. IERG further argues that, ifthat converted figure is appropriately rounded to 0.14 ppm, it arguably satisfiesthe federal standard expressed in thoseterms. 

### I d.; see Tr.2 at 21-22,24. IERG claimsthat these conflicting conclusions led USEPAto express the sulfur oxides standards only in terms ofppm and that the Board should do the same in orderto avoid possible confusion. Kolaz Test. at4; Tr.2 at 22. In response to questions at the second hearing, Mr. Kolaz acknowledged that the state standard is stricterthan the federal standard, which is allowed under the Clean AirAct. 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 suggeststhat state standard expressed in thoseterms 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). !ERGclaims that the Agency "is incorporatingthese same types ofdetails into the changes to the standards it is proposing. Therefore, it seems reasonable to take this opportunityto 'clean-up' the sulfur oxides standard as well." /d. !ERG argues that these13 amendments would make the state standards clearer. Jd.; see Exh. 4 at 1-2 (proposing language for revisions ofSection 243.122). In his testimony on behalfofIERG at the second hearing, Mr. Kolaz addressed the issue ofrounding conventions. He stressed that the Agency reports 0.004 ppm sulfur dioxide as the annual average at its Pekin monitoring location. Tr.2 at I3, citingExh. 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, ifthe Agency interpreted the sulfuroxides standard as proposed byIERG, it would "affectthe determination ofwhether ornot the S02 standard was violated in Pekin." 

### ld. at 26. However, he argues that the original intent ofthe 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 thatUSEPAhas amended the federal standard "to state the standard 

### in terms ofparts per million, and showthe micrograms per cubic meter equivalentparenthetically." Kolaz Test. at 4; 

### see id., Att. 2 (comparison). In addition, !ERG states that the federal standard "includes the same type ofrounding 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 itasks that the standard not be expressed in terms of micrograms per cubic meter. Jd. IERG argues that this amendmentreflects theAgency's own practice, as reflected in its 2007IllinoisAnnualAir QualityReport. Jd.; see Exh. 2; Tr.2 at 28. In responding to questions at the second hearing, Mr. Kolaz acknowledged that preparation ofattainment demonstrations may use micrograms per cubicmeter. Tr.2 at 28-29. He also acknowledged that relying solely on ppm and incorporating the proposed rounding conventions would make the current form ofthe state standard less stringent. Tr.2 at 29 !ERG also stresses that "USEPA is under ajudicial 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 status14
ifthe changes !ERG suggests are made." !d.; see Exh. 4 at 4 (proposing language for revisions ofSection 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 ofmilligrams 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 ofrounding 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 ofthe 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 2007IllinoisAnnualAir QualityReport showing this standard in ppm. Jd.; see Exh. 2; Exh. 4 at 3 (proposing language for revision ofSection 243.123); Tr. 2 at 34. In responding to questions at the second hearing, Mr. Kolaz acknowledged that modeling performed for the purpose ofan attainment demonstration may use micrograms per cubic meter. Tr.2 at 30. However, he stated that "compliance with the standard is determined bymonitoring, 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 ofiERGTestimony !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 I0. However, !ERG favors additional amendments to the standards for sulfur oxides, nitrogen dioxide, and carbon monoxide as described above "to help avoid any possibility ofmisinterpretation." Kolaz Test. at 6; Tr.2 at 10, 13, 34; see Exh. 4. 

### SUMMARY OFPOST-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 ofReasons 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 ofrelieving one ofthe members from liability by the Illinois EPA." PC 3 at 2. TheAgency 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 ofthis 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 ofFederal Regulations. I

### d. The Agency citesthe testimony ofMr. 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 slightlymore 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 ofthis 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 ofrunning averages. The Agency claims that, even when USEPA guidance in 1986 indicated apreference that states use block averaging, it specifically stated that states could develop more stringent standards such as running averaging. PC 3 at 3-4, citingBlockAverages in Implementing S02NAAQS. The Agency also claims that courts have allowed both forms ofaveraging. PC 3 at 3, citing NRDC v. Thomas, 845 F.2d I088, I091 (D.C. Cir. 1988). The Agency further claims that USEPA has not proscribed running averaging. PC 3 at4, citing 61 Fed. Reg. 2556 (May 22, 1996), 54 Fed. Reg. 23479-80 (June I, 1989). The Agency concludes that it has consistently used running averaging in spite oflitigation 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 ofthe S02 standard in Illinois." 

### I d. The Agency continues bynoting that its Pekin monitoring station recorded two exceedances ofthe 24-hour S02NAAQS. PC 3 at 4. The Agency claimsthat, "[u]singrunning averages, these two exceedances constitute aviolation ofthe NAAQS, but using block averages, they do not." Jd. at 4-5. The Agency states that it has identified as the primary contributing source ofthe violation as Aventine, a Pekin company. Jd. The Agency states that is now discussing a reduction ofS02 emissions with Aventine. 

### Id. The Agency argues that the change to block averaging proposed by IERG would relax the sulfur oxide standard for all sources and relieve Aventine ofany obligation itmight 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 ormilligrams 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'sproposal that the sulfur oxides standard be identical to the federal16 standard. Jd. The Agency requests that the Board retain values expressed in terms of micrograms ormilligrams per cubic meter and in terms ofppm. 

### ld. The Agency argues that "[b)oth units are used routinely." Jd. While the Agency acknowledges that monitoring data is typically reported in terms ofppm, 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 oftheir 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 orderto reflect federal standards for the same pollutants. PC 2 at I, citing SR at 4. IERG 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 ofthe 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'sproposal, 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 PM10 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 ofdays 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 PM2.5measurement methods in Section 243.120(d), !ERGproposes 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
IERG 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 ofthis 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 IERG 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 I0, 1975); see 35 Ill. Adm. Code 243.122. !ERG further states that a USEPA review "determined that revisions ofthe standards were not warranted, other than several minor technical changes." PC 2 at 5, citing 61 Fed. Reg. 25566 (May 22, 1996). IERG identifies these changes as "restating the primary and secondary standards in terms ofparts permillion 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 ofparts per miIlion to be consistent with, and improve understanding of, U.S. EPA's 1996 determination." 

### !d. !ERG argues that, because the two units ofmeasurement differ in the number ofsignificant digits, the application ofrounding conventions "can result in misinterpretation ofdata." 

### !d. !ERG further argues that, "forthe purpose ofits 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 expressingthe standard in ppm wouldjeopardize its modeling program. !ERG claims that "[t]he modelingprogram is a planningtool and is not a recognized protocol for determining compliance with the air quality standards. Whether the State's air quality standards are expressed in partspermil.lion ormicrograms percubic meter should have no impact on the Agency's ability to conductmodeling." 

### !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 clarifythat the convention-- to three decimal places (fractional parts equal to orgreaterthan 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 clarifythe rule, avoid the risk ofconfusion, and "result. in the codification ofthe 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 of24 hourly values mustbe available to compute a 24 hour average" and that specify "howmissing data and other similar issues are to be handled." 

### !d., citing40 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 USEPA has also addressed the issue ofwhether to apply block averaging or running averages. IERG cites USEPA's statement that, "[a]lthough the wording ofthe original 24-hour, 3-hour, and annual S02 standards was ambiguous on the matter, the earliest actions ofthe 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 ofaveraging 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 ofblock averages "would represent at tightening ofthe 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 ofppm and onlyparenthetically in terms ofmicrograms per cubic liter. PC 2 at I0, 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 I0. 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 ofppm, that it include the rounding convention, data completeness, and data handling elements ofthe 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 USEPA expresses the standard in terms ofppm and onlyparenthetically in terms ofmicrograms 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 permillion." 

### !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 to19 micrograms per liter "does nothing to add clarity" and is inconsistent with USEPA's practice of relying solely on standards expressed in terms ofppm. 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 concludesthat expressing Illinois' standard solely in terms ofppm "will not create a substantive inconsistency between the State and federal standards." PC 2 at l0. 

### 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 ofthe annual fourth-highest daily maximum 8-hour average ozone concentration is less than orequal 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 proposesto 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 percubic meter, maximum arithmetic mean over a rolling three calendarmonth period measured and determined over a three year period." PC 2 at 5; 

### see 35 Ill. Adm. Code 243.126(a). IERG also proposesto 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 orAppendix Q and designated in accordance with 40 C.F.R. 53 or an equivalentmethod designated in accordance with 40 C.F.R. 53, as incorporatedbyreference in Section 243.108 ofthis Part. The primary and secondary ambient air quality standards are met when the maximum arithmetic 3-month mean concentration for a 3-yearperiod 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 ofthis Part. PC 2 at 5; 

### see35 Ill. Adm. Code 243.126(b). Summary IERG states that it supports the Agency's update oftheBoard air quality standards. PC 2 at 11. IERG favors additional amendments to the sulfur oxides, nitrogen dioxide, and carbon monoxide regulations with the intent ofmaking the federal and state regulations conform more closelyto 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 ofthe State's air quality standards." Jd. at 11. Although !ERG acknowledges that its proposal would require the Agencyto adopt block averaging for interpreting the sulfur oxides standards, !ERG claims20 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 2I7.388(a)(2)(B) ofthe Board's regulations includes a cross-reference to a non-existent Section 2I7.386(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 ofSection 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 ofPost-Hearing Comments," the Board noted an Agency commentconcurring with !ERG that this section includes an incorrect cross-reference. 

### See 35 Ill. Adm. Code 217.388(a)(2)(B); 

### supra at I9-20. Having reviewed that provision, the Board concurs that it includes a cross-referenceto 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 I9-20.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 ofthe category "Adhesives

-- Construction, Panel and Floor Contact" so that it corresponds to the adopted definition ofthe 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 viewthat this proposed amendment would make Part 223 more consistent with regulations adopted in otherjurisdictions. 

### 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 ofAgency proposal in first-notice opinion and order). The Board also concurs with the Agency's claim that correcting this inconsistency between the name ofthe category and the adopted definitions "should have no substantial effect on regulated entities and should clear up any confusion about the category in the future." Mot. Add at 2. The Board finds thatthe 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 ofamendments, some ofwhich simply correct typographical errors orcorrect citations. See SR at 3; Prop. at 2, 3. The Agency has also proposed to amend Section 243 .I07 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. Part243 SubpartB: Standards and MeasurementMethods Section 243.120 PM-10 The Agency's original proposal sought to amend the heading ofthis section and to incorporate recent federal amendments to the standard for both 

### 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 ofthe PM 10 standard through 40 C.F.R. 50, Appendix K. PC 2 at 3. Specifically, !ERGproposes that subsection (b) provide in its entirety that, [f]or determining conformance with the PM 10 ambient air quality standards, 

### PMw shall be measured by a method described in 40 CFR 50, Appendix 

### J (incorporated by reference in Section 243.108). The standards are attained when the expected number ofdays per calendar year with a 24-hour average concentration above I50 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'sproposed 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-hourprimary and secondary PM2.5 standards are met when the 98th percentile 24-hour concentration, as determined in accordance with 40 CFR 50, Appendix N ofthis Part, is less than orequal to 35 flg/m3• The Board concludes that !ERG's proposed language clarifies these provisions without significant substantive revision. In its order below, the Boardproposes this language for firstnotice publication. The Board invites comment from the Agency and otherparticipant on the issue ofthis 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 behalfofthe Agency at the first hearing, Mr. Kaleel indicated thatthe state standard has not been amended "formanyyears." Tr. I at 23. He continued that "it's not our intent to revise that at this time." 

### Id. He further stated thatthe 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'stestimony states that the last federal revision ofthis standard took place in 1996. Kolaz Test. at 2. !ERG has emphasized that, while the state standard is expressed in terms ofmicrograms percubic meter and onlyparenthetically 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 timeperiods. 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 I02.202(b). The record also does not clearly project the environmental impact ofthese provisions. The Agency has, for example, argued thatthe application ofblock averaging is less stringent than running averaging. PC 3 at 3-4. Citing !ERG'sreference 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 ofmicrograms 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 behalfofthe 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 behalfof !ERG, Mr. Kolaz noted that, while the federal standard for carbon monoxide is expressed in terms ofppm and only parenthetically in terms ofmicrograms per cubic meter, the state standard is stated in terms ofmicrograms per cubic meter and only parenthetically in terms ofppm. Kolaz Test. at 5-6, Tr.2 at 29. He recommended thatthe Board provide the standard only in terms ofppm. 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 I0. Regarding the amendments to the carbon monoxide standard proposed by IERG, the record does not clearly identify sources that may be affected orestimate 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 ofthese provisions, and the Agency has, for example, argued that the application ofblock averaging is less stringentthan 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 behalfofthe Agency at the first hearing, Mr. Kaleel indicated that "[w]e are not making changes to nitrogen dioxide." Tr.l at 25. He continuedthat the existing standards "have existed for a very long time, and at such time U.S. EPA revises those standards, we will revisitthose, but we don't intend to do those atthis 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 behalfof!ERG, Mr. Kolaz noted that, while the federal standard for nitrogen dioxide is expressed in terms ofppm and only parenthetically in terms ofmicrograms per cubic meter, the state standard is stated in terms ofmicrograms per cubic meter. Kolaz Test. at 4; 

### see PC 2 at 9. !ERG recommends that the Board provide the nitrogen dioxide standard only in terms ofppm. 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 of24 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 ofthese 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 sheetproposed changes intended to make this section more consistentwith 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 ofthe 8-hour ozone standard through 40 C.F.R. 50, Appendix P. 

### !d. Specifically, !ERGproposes 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 CFRPart 53 (2003). The primary and secondary ambient air quality standards are met when the 3-year average ofthe 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'sproposed 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 otherparticipant on the issue ofthis amendment to Section 243.125. Section 243.126 Lead Although the Agency's original proposal suggested only a small number ofnonsubstantive changes to this section, its motion to amend filed on June 8, 2009, soughtto 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, orprojected economic orenvironmental impact. While25 the Board accordingly dedines to adopt the revisions offered, it invites comment by the participants on this provision. Technical Feasibility and EconomicReasonableness 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. Atthe second hearing, the hearing officer noted the Board's request to DCEO and the absence ofa response to it. Tr.2 at 37. Although thehearing 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 StatementofReasons, the Agency addressed the issues oftechnical feasibility and economic reasonableness with a statementproviding in its entirety that [t]he amendments to Part 243 do not impose new requirements, they merely update the State'sregulations to reflect currentfederal law and standards. The Illinois EPA therefore believes that an analysis oftechnical feasibility and economic reasonableness is not appropriate. These standards are well known to industry and have beenthoroughly discussed by the U.S. EPA. SR at 4. Forthe 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 USEPA 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 Agencythat the proposal in its orderbelowreflects current federal law and that compliance with it is both technically feasible and economicallyreasonable. As the proposed amendments to Parts 217 and 223 provide only clarifyingtechnical corrections, the Board concludes that those elements ofthe proposal are also technically feasible and economically reasonable. CONCLUSION The Board below proposes to update air quality standards in Part 243 ofits regulations and to adopt a technical correction in both Part 217 and Part 223. In its order below, the Board directs the Clerkto cause first-notice publication ofthe Board'sproposal in the Illinois Register, which commences a 45-day public commentperiod. ORDER The Board directs the Clerk to cause first-notice publication ofthe following proposed amendments to the Board's regulations in theIllinois 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 MajorMetropolitan Areas SUBPARTD: NO, GENERALREQUIREMENTS Applicability ComplianceDate Performance Testing Initial Compliance Certification Recordkeeping and Reporting Testing and Monitoring Emissions Averaging Plans SUBPARTE: INDUSTRIAL BOILERS Applicability Exemptions Emissions Limitations Combination ofFuels Methods and Procedures for Combustion TuningSection 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 ofFuels Methods and Procedures for Combustion Tuning SUBPARTG: GLASS MELTING FURNANCES Applicability Exemptions Emissions Limitations SUBPART H: CEMENTAND 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 ofFuels SUBPART 0: CHEMICAL MANUFACTURESection 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 andReporting SUBPART T: CEMENT KILNS Applicability Control Requirements Testing Monitoring Reporting Recordkeeping SUBPARTU: NOx CONTROL AND TRADING PROGRAM FOR SPECIFIED NOx GENERATING UNITS Purpose Severability Applicability Compliance Requirements PermittingRequirements SubpartU NOx Trading Budget Methodology for ObtainingNOx Allocations Methodology for Determining NOx Allowances from the New Source Set-Aside NOx Allocations Procedure for SubpartU Budget Units New Source Set-Asides for "New" Budget Units Early Reduction Credits (ERCs) for Budget Units Low-EmitterRequirements 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 BudgetUnitsSection 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 ofEgypt Power Plant Purpose SeverabiI ity Applicability Emission Limitations NOxAveraging Monitoring Reporting and Recordkeeping

PurposeSUBPARTW: NOx TRADING PROGRAM FOR ELECTRICAL GENERATING UNITS

Sunset Provisions Severability Applicability Compliance Requirements Permitting Requirements NOx TradingBudget Methodology for CalculatingNOx Allocations for BudgetElectrical Generating Units (EGUs) NOx Allocations for BudgetEGUs New Source Set-Asides for "New" Budget EGUs Early Reduction Credits for Budget EGUs Opt-In Units Opt-In Process Budget Opt-In Units: Withdrawal from NOx Trading Program Opt-InUnits: Change in Regulatory Status Allowance Allocations to BudgetOpt-In Units SUBPARTX: VOLUNTARY NO. EMISSIONS REDUCTION PROGRAM Purpose EmissionUnit Eligibility Participation Requirements NOx Emission Reductions and the Subpart X NOx Trading Budget Baseline Emissions Determination Calculation ofCreditable NOx Emission Reductions Limitations on NOx Emission Reductions NOx Emission Reduction Proposal Agency Action30 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.I7.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 GeneratingUnits Large Non-Electrical Generating Units Allowances for Electrical Generating Units Existing Reciprocating Internal Combustion Engines Affected by Compliance Dates for Certain Emissions Units atPetroleum Autnority: Implementing Sections 9.9 and I0 and authorized by Sections 27 and 28 ofthe Environmental Protection Act [415 ILCS 5/9.9, 10,27 and 28]. Source: Adopted as Chapter 2: Air Pollution, Rule 207: Nitrogen Oxides Emissions, R71-23, 4 PCB 191, April 13, 1972, filed and effective April 14, 1972; amended at 2 Ill. Reg. 17, p. I01, 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, 200I; 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, effectiveAugust 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 MaintenanceRequirements a) On and afterthe applicable compliance date in Section 217.392, an owner or operator ofan affected unit must inspect and maintain affected units as required by subsection (a)(4) ofthis Section and comply with one ofthe following: the applicable emissions concentration as set forth in subsection (a)(l) ofthis Section, the requirements for an emissions averaging plan as specified in subsection (a)(2) ofthis Section, or the requirements for operation as a low usage unit as specified in subsection (a)(3) ofthis Section. I) Limits the discharge from an affected unit into the atmosphere ofany gases that contain 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 drybasis) for gaseous fuel-fired turbines; and F) 96 ppmv (corrected to 15 percent 

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

### Qexcept for the requirements to inspect and maintain the unit pursuant to subsection (a)(4) ofthis Section, test as required by Section 217.394(t), and retain records pursuant to Section 217.396(b) and (d). Eitherthe limitation in subsection (a)(3)(A) or (a)(3)(B) may be utilized at a source, but notboth: A) The potential to emit (PTE) is no more than 100 TPY NOx aggregated from all engines and turbines located at the source that are not otherwise exemptpursuant to Section 217.386(b), and not complying with the requirements ofsubsection (a)(!) or (a)(2) of32 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 ofsubsection (a)(l) or (a)(2) ofthis Section, are less than orequal to the bhp-hrs and MW-hrs operation limit listed in subsections (a)(3)(B)(i) and (a)(3)(B)(ii) of this Section. The operation limits ofsubsections (a)(3)(B)(i) and (a)(3)(B)(ii) ofthis Section mustbe 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 ofthe applicable air pollution control equipment, monitoring device, and affected unit; or ii) Ifthe original equipment manual is not available or substantial modifications have been made that require an alternative procedure for the applicable airpollution control device, monitoring device, or affected unit, the owner or operator must establish a plan for inspection and maintenance in accordance with what is customary for the type ofair 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 ofaffected units may change the method ofcompiiance with this Subpart, as follows: 1) When changing the method ofcompliance from subsection (a)(3) ofthis Section to subsection (a)(l) or (a)(2) ofthis Section, the owner or operator33

must conducttesting 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 oroperator ofan affected unit that is changing the method of compliance from subsection (a)(l) or (a)(2) ofthis Section to subsection (a)(3) ofthis Section must: A) Continue to operate the affected unit's control device, ifthat unit relied upon a NOx emissions control device for compliance with the requirements ofsubsection (a)(l) or (a)(2) ofthis Section; and B) Priorto changing the method ofcompliance to subsection (c) of this Section, complete any outstanding initial performance testing, subsequentperformances testing or monitoring as required by Section 217.394(a), (b), (c), (d) or(e) for the affected unit. Ifthe deadline for such testing ormonitoring 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 priorto changing the method ofcompliance to subsection (a)(3) ofthis Section. After changing the method ofcompliance to subsection (a)(3) ofthis Section, no additional testing or monitoring will be required for the affected unit while it is complying with subsection (a)(3) ofthis Section, except as provided for in Section 217.394(1). (Source: Amended at 35 Ill. Reg.

___, effective---'

TITLE 35: ENVIRONMENTAL PROTECTION SUBTITLEB: AIR POLLUTION CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER c: EMISSION STANDARDS AND LIMITATIONS FORST A

TIONARY SOURCES PART 223 STANDARDS AND LIMITATIONS FOR ORGANIC MATERIAL EMISSIONS FOR AREA SOURCES

Section 223.100 223.105 223.120 SUBPARTA: GENERAL PROVISIONS Severability Abbreviations and Acronyms Incorporations by Reference34

SUBPARTB: 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 Registeredunder 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 orMethylene Chloride 223.280 Calculating Illinois Sales 223.285 Test Methods SUBPART C: ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATINGS Section 223.300 223.305 223.307 223.310 223.320 223.330 223.340 223.350 223.360 223.370 Purpose Applicability Definitions for Subpart C Standards ContainerLabeling Requirements Reporting Requirements Compliance Provisions and Test Methods Alternative TestMethods Methacrylate Traffic CoatingMarkings Test Methods AUTHORITY: Implementing Section 10 and authorized by Sections 27 and 28 ofthe 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 orafterJuly 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 PhaseAerosol 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 45 7) 8) Automotive Rubbing or Polishing Compound 17 9) Automotive Wax, Polish, Sealant, or Glaze A) B) C) Hard Paste Waxes Instant Detailers All OtherForms 10) Automotive Windshield Washer Fluids II) Bathroom and Tile Cleaners A) B) Aerosol All OtherForms 45 

### 3 15 35



### 7 5 12) Bug and TarRemover 40 13) Carburetor or Fuel-Injection Air Intake Cleaners 45 14) Carpet andUpholstery 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 MVOM37
B) Non-Aerosol 18) Dusting Aids

19)

20) 21) A) B) Aerosol All Other Forms Engine Degreasers A) Aerosol B) Non-Aerosol Fabric Protectants FloorPolishes fWaxes A) B) C) Products for Flexible FlooringMaterials 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 OtherForms Except Solid orPaste 24) General Purpose Cleaners A) B) Aerosol Non-Aerosol 25) General Purpose Degreasers A) B) Aerosol Non-Aerosol 17 7

10 4

50 438 26) Glass Cleaners A) Aerosol 12 B) Non-Aerosol 4 27) HairMousses 6 28) Hairshines 55 29) Hairsprays 55 30) Hair Styling Gels 

### 6 31) Heavy Duty Hand Cleaneror Soap 8 32) Insecticides A) CrawlingBug (Aerosol) 

### IS B) CrawlingBug (All OtherForms) 20 C) Flea and Tick 25 

### D) FlyingBug (Aerosol) 25 E) FlyingBug (All OtherForms) 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) AII Other Forms 5 34) Laundry Starch Products 5 35) Metal Polishes I Cleansers 3039 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) Noperson shall sell, supply, offer for sale, or manufacture for sale in Illinois, on or after July I, 2009, any antiperspirant ordeodorant 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 SUBPARTA: GENERAL PROVISIONSSection 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 PastCompliance Dates AUTHORITY: Implementing Section 10 and authorized by Section 27 and 28 ofthe Environmental Protection Act [415 ILCS 5110, 27, and 28]. SOURCE: Adopted as Chapter 2: AirPollution, 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 ofa term is clear from its context, the definitions ofterms used in this Part shall bethe same as those used in the Environmental Protection Act (Ill. Rev. Stat. 1981, ch. 111 1/2, pars. 100I et seq.) (Act). b) All terms which appear in this Part have the definitions specified by Parts 201 or 211 ofthis 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 oftheir adoption will be maintained in its present high quality. Such ambient air quality shall not be lowered unless and until it is proved to the Illinois Environmental Protection Agency (Agency) that such change isjustifiable as a result ofnecessary economic and social development and will not interfere with or become injurious to human health or welfare. (Source amended at 35 Ill. Reg.

___ , effective

__ ). Section 243.106 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 ofair quality, except PM;u, are correctedto a reference temperature of25° C, and to a reference pressure of760 millimeters ofmercury (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 byReference 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 spectrometrytechnique, 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 ofparticulate matter as PM- 10 in the atmosphere, 40 CFR 50, Appendix J (1990t g) Interpretation ofthe national ambient airquality standards for particulate matter, 40 CFR 50, Appendix K, 73 Fed. Reg. 61144 (October 17. 2006). 

### (199Q) 

## hl Reference method for the determination ofparticulate matter as PMu in the atmosphere, 40 CFR 50. Appendix L, 73 Fed. Reg. 61144 (October 17. 2006). j} Interpretation ofthe national ambient air quality standards for PM, 5, 40 CFR 50, Appendix 

### N. 73 Fed. Reg. 1497 (January 9. 2008). j} Interpretation ofthe NAAOS for 01, 40 CFR 50. Appendix P. 73 Fed. Reg. 16436 (March 27, 2008). 

## kl National AmbientAir Quality Standards for Lead; Final Rule, 40 CFR 50, 51, 53, and 58, 73 Fed. Reg. 66964 (November 12. 2008). 

## ll Interpretation oftheNational AmbientAir 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 PM1oPMWare a maximum 24-hour average concentration of 150 micrograms percubic meter. The standards are attained when the expected number ofdays percalendar year with a 24-houraverage concentration above 150 micrograms percubic 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 ef50 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) PM10 _Measurement Method. For determining conformance with the PM.!.Q.PM 10 ambient airquality standards, PM10PM 1Qshall be measured by ;!the method44
described in 40 CFR 50, Appendix J (incorporated by reference in Section 243.1 08). The standards are attained when the expected number ofdays per calendar year with a 24-hour average concentration above 150 micrograms per cubic meter is equal to or less than one, as 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. I08). 

## £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 of35 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 I5.0 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 airquality standards for sulfur oxides measured as sulfur dioxide are: I) An annual arithmetic mean concentration of80 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).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 ofproofapproved 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 heuraverage concentration. measured and determined in accordance with subsection (b) belownet te

# ee el<eeeEieEI en mere than ene Elay )'ler year. b) Measurement Method. FerEletefffiining 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 CFRPart 53 (2003). The primary and secondary ambient air quality standards are met when the 3-year average ofthe annual fourth-highest daily maximum 8-hour average ozone concentration is less than or equal to 0.075 ppm, as determined using 40 CFRPart 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 bythe atomic absorbtion spectrometry or equivalent method as described in 40 CFR 50**Appendices~G ~and**  

### 0, as incorporated by reference in Section 243.108 ofthis Part. The primary and secondary ambient air qualitv standards

### 46
shall be determined in accordance with Appendix R ofPart 50 as incorporated by reference in Section 243.] 08 ofthis Part. (Source: Amended at Ill. Reg. 35

___, effective____).

IT IS SO ORDERED. I, John T. Therriault, Assistant Clerk ofthe Illinois Pollution Control Board, certify that the Board adopted the above opinion and order on November4, 2010, by a vote of5-0.

John T. Therriault, Assistant Clerk Jllinois Pollution Control BoardIEPA ATTACHMENT NO.-



## OFFICE OF THE SECRETARY OF STATE JESSE WHITE • Secretary ofState

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 ofthe Illinois Register, dated I 1/19/2010. PROPOSED RULES Nitrogen Oxides Emissions 35 Ill. Adm. Code 217 17513 Point ofContact: Nancy Miller Standards and Limitations for Organic Material Emissions for Area Sources 35111. Adm. Code 223 17525 Point ofContact: Nancy Miller Air Quality Standards 35 Ill. Adm. Code 243 17537 Point ofContact: Nancy Miller Ifyou have any questions, you may contactthe Administrative Code Division at

(217) 782-7017. v 

## *·. ?'**~·** : r.:

Index Department

- Administrative Code Division- Ill East Monroe Springfield, IL 62756ILLINOIS REGISTER POLLUTIONCONTROL BOARD NOTICE OF PROPOSED AMENDMENT 1) Heading ofthe Part: Standards and Limitations for OrganicMaterial Emissions for Area Sources 2) Code Citation: 35 Ill. Adm. Code223 3) SectionNumbers: Proposed Action: 223.205 Amend 

## AEC&lVED CLERICSOffiCE



## NO\/**\~20\0** 

## e. Of\L.I..INOIS 

### STAJ control Board pouu..on 4) Statutory authority: Implementing Section 10, and authorizedby Sections 27 and 28 of theEnvironmental Protection Act [415 ILCS 5/10,27, and 28]. 5) A completedescription ofthe subjects and issues involved: For amore detailed description ofthis rulemaking, seethe Board's November4, 2010, opinion and orderAir Quality Standards Clean-Up: Amendments to 35 

### lll. Adm. Code 217. 223, 243 (R09-19). Theillinois EnvironmentalProtectionAgency (Agency) submitted this rulemaking proposal to updatePart243 oftheBoard's airregulations toreflectrevised National Ambient Air Quality Standards (NAAQS) adopted bytheUnited States Environmental ProtectionAgency. The record in this proceedingreveals an errorinPart 223 in the name ofonecategory of adhesives subjectto volatile organicmaterial emissionlimits. Specifically, the Agency has soughtto correct a singleword inthe nameofthat category so that itmatches the corresponding definition. The Board submits theAgency's proposedcorrection forfirstnoticepublicationin this docket. 6) Published studies orreports. and sources ofunderlvingdata. used to composethis rulemaking: None. 7) Will this proposedrulereplace emergencyrules currentlyin effect? No. 8) Does this rulemaking contain an automaticrepeal date? No. 9) Does this proposed rule contain incorporationsbyreference? No. 10) Are there anyother amendments pending on this Part? No.

RECEIVED 

## NOV 

## Iii 

## 2010ILLINOIS REGISTER POLLUTION CONTROLBOARD NOTICE OF PROPOSED AMENDMENT 11) Statement ofstatewidepolicyobjectives: Theproposed amendment does not create orexpand a Statemandate as defined in Section 3 ofthe State Mandates Act [30 ILCS 805]. 12) Time. place and mannerinwhich interestedpersons may comment on this proposed rulemaking: The Board will accept written public comment onthis proposal for a period of45 days after the date ofthis publication. Comments should reference docket R09-19 and be addressed to: Clerk's Office Illinois Pollution Control Board State ofillinois Center, Suite 11-500 100 W. Randolph St. Chicago, IL 60601 Address questions to Tim Fox at 312-814-6085. Interested persons mayrequest copies oftheBoard's opinion and orderbycalling the Clerk's office at 312-814-3620, or download them from the Board'sWeb site at www.ipcb.state.il.us. 13) Initial regulatory flexibility analysis: In Part223, the Boardinthis docketproposes solely to correct the name ofa category of adhesives at Section 223.205(a)(2). Specifically, the Board proposes to change that namefrom "Adhesives-- Construction, Panel and FloorContact''to "Adhesives

-- Construction, Panel and FloorCovering"to correspond to a definition for that category. A) Types ofsmall businesses, small municipalities. and not-for-profit corporations affected: While the corrected name for thecategory ofadhesives would clarity standards for construction, panel, and floor covering adhesives, it is not expected to have a substantive effect on anytypes ofsmallbusinesses, small municipalities, and notfor-profit corporations.

### ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENT B) Reporting, bookkeeping or otherprocedures required for compliance: As the amendment to Part 223 merely corrects and clarifies the name ofone category ofadhesives, theproposal does not itselfrequireprocedures for. compliance. C) Types ofprofessional skills necessary for compliance: As the amendment to Part 223 merely corrects and clarifies the name ofone categoryofadhesives, theproposal does not itselfrequire any types of professional skills for compliance. 14) RegulatoryAgenda on which this rulemakingwas summarized/Statereasons for this rulemaking ifit was notincludedin eitherofthetwo mostrecent regulatory agendas. January2009. See 33 

### ill. Reg. 384, 405-07; Jan. 9, 2009. The full text ofthe proposed amendmentbegins onthe next page:ILLfNOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENT TITLE 35: ENVIRONMENTAL PROTECTION SUBTITLE B: AIR POLLUTION CHAPTER 1: POLLUTION CONTROL BOARD SUBCHAPTERc: 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 IncorporationsbyReference SUBPART B: CONSUMERAND COMMERCIAL PRODUCTS Purpose Applicability Definitions for Subpart B Standards Diluted Products Products RegisteredunderFIFRA Requirements for Aerosol Adhesives Requirements for FloorWax Strippers Products Containing Ozone-DepletingCompounds Requirements for Charcoal LighterMaterial Exemptions InnovativeProductExemption Alternative Compliance Plans Product Dating Additional Product Dating Requirements MostRestrictive Limit Additional Labeling Requirements for Aerosol Adhesives, Adhesive Removers, ElectronicCleaners, Electrical Cleaners, Energized Electrical Cleaners, and ContactAdhesives 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 ContainerLabelingRequirements Reporting Requirements ComplianceProvisions and Test Methods Alternative TestMethods MethacrylateTraffic Coating Mar!Ongs TestMethods AUTHORITY: Implementing Section 10 and authorized by Sections 27 and 28 ofthe 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, or223.245, no person shall sell, supply, offer for sale, ormanufacture for sale 

### in Illinois any consumer product manufactured on or afterJuly I, 

### 2009 that contains VOMs 

### in excess of thelimits specified 

### inthis subsection: Affected Product 

### 1) Adhesives- Spray A) B) 

### Mist Spray Web Spray % VOM by Weight



### 65 55ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENT C) Special Purpose SprayAdhesives i) Mounting, Automotive Engine Compartment, ii) and FlexibleVinyl 70 Polystyrene Foam and Automotive Headliner 65 iii) Polyolefin and LaminateRepair !Edgebanding 

### 60 2) Adhesives

- Construction, Panel and Floor CoveringCeataet 3) 4) Adhesives

- General Purpose Adhesives

- Structural Waterproof 5) AirFresheners A) B) C) D) Single-PhaseAerosol Double PhaseAerosol Liquids 

### IPump Sprays Solids 

### I Gel 6) Antiperspirants

7) 8) A) Aerosol B) Non-Aerosol

Automotive Brake Cleaners AutomotiveRubbing orPolishing Compound 

### 15 10 

### 15

30 

### 25 18 3

40HVOM lOMVOM OHVOM OMVOM 

### 45 17ILLINOIS REGISTER POLLUTION CONTROLBOARD NOTICE OF PROPOSED AMENDMENT 9) AutomotiveWax, Polish, Sealant, or Glaze A) B) C) Hard PasteWaxes Instant Detailers All OtherForms 1

0) AutomotiveWindshield WasherFluids 11) Bathroom and Tile Cleaners A) B) Aerosol All OtherForms 45 3 15 35



### 7 5 12) BugandTarRemover 40 13) Carburetoror 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 LighterMaterial 16) Cooking Spray- Aerosol 

### 17) Deodorants A) Aerosol B) Non-Aerosol 7 0.1 3.0

see Section 223.220 

### 18

OHVOM 10MVOM OHVOM OMVOMILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENT 18) DustingAids

19)

20) 21) A) Aerosol B) All OtherForms EngineDegreasers A) Aerosol B) Non-Aerosol FabricProtectants FloorPolishes 

### I Waxes A) B) C) Products for FlexibleFlooringMaterials Products for NonresilientFlooring Wood FloorWax 25 

### 7

35 

### 5 

### 60

7 10 90 22) FloorWax Strippers see Section223.209 23) FurnitureMaintenanceProducts A) B) Aerosol All OtherForms Except Solid orPaste 24) General Purpose Cleaners A) B) Aerosol Non-Aerosol 25) General PurposeDegreasers A) Aerosol 17 7

10 4

50ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENT B) Non-Aerosol 4 26) Glass Cleaners A) Aerosol 12 B) Non-Aerosol 4 27) HairMousses 6 28) Hairshines 55 29) Hairsprays 55 30) Hair Styling Gels 6 31) HeavyDutyHand Cleaneror Soap 

### 8 32) Insecticides A) CrawlingBug (Aerosol) 

### IS B) Crawling Bug (All OtherForms) 20 C) Flea andTick 25 D) FlyingBug (Aerosol) 25 E) FlyingBug(All OtherForms) 35 F) Foggers 45 G) Lawn and Garden (Aerosol) 20 H) Lawn and Garden (All OtherForms) 3 I) Wasp and Hornet 40 33) LaundryPrewashILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENT A) Aerosols 

### I Solids 22 B) All OtherForms 5 34) Laundry Starch Products 5 35) Metal Polishes 

### I Cleansers 30 

### 36) Multi-PurposeLubricant (Excluding Solidor Semi-Solid Products) 50 37) Nail Polish Removers 75 38) Non-SelectiveTerrestrial Herbicide- Non-Aerosol 3 39) Oven Cleaners A) Aerosols 

### I Pump Sprays 8 B) Liquids 5 40) PaintRemovers or Strippers 50 41) Penetrants 50 42) Rubber andVinyl Protectants A) Aerosol 10 B) Non-Aerosol 3 43) Sealants and CaulkingCompounds 4 44) Shaving Creams 5 45) Silicone-BasedMulti-Purpose Lubricants (Excluding Solidor Semi-Solid Products) 60 46) SpotRemoversA) B) ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENT Aerosol Non-Aerosol 47) Tire Sealants and Inflators 48) Undercoating<:- Aerosols 

### 25 8 20 

### 40 b) No person shall sell, supply, offer for sale, ormanufacture for salein Illinois, on or afterJuly 1, 2009, any antiperspirant ordeodorant that contains any compound listed below: Benzene Ethylene Dibromide Ethylene Dichloride Hexavalent Chromium Asbestos Cadmium (metallic cadmium and cadmium compounds) CarbonTetrachloride Trichloroethylene Chloroform Vinyl Chloride Inorganic Arsenic Nickel (metallicnickel and inorganicnickel compounds) Perchloroethylene FormaldehydeILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENT 1,3-Butadiene Inorganic Lead Dibenzo-p-dioxins and dibenzofurans chlorinatedin the 2,3,7 and 8 positions and containing4,5,6 or 7 chlorine atoms (Source: Amended at 35 Ill. Reg.

__ , effective

_ __,ILLINOIS REGISTER POLLUTION CONTROLBOARD NOTICE OF PROPOSED AMENDMENT 1) Heading ofthe Part: Nitrogen Oxides Emissions 2) Code citation: 35 lll. Adm. Code217 3) SectionNumbers: 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 authorizedby Sections 27 and 28 ofthe EnvironmentalProtectionAct [415 ILCS 5/9.9, I0, 27, and 28]. 5) A completedescription ofthe subjects and issuesinvolved: For amore detailed description ofthis rulemaking, seetheBoard'sNovember4, 2010, opinion and orderAir Quality Standards Clean-Up: Amendments to 35 ll1. Adm. Code217, 223, 243 (R09-19). The illinois Environmental ProtectionAgency (Agency) submitted this rulemaking proposal to update Part 243 ofthe Board's airregulation to reflectrevised National Ambient Air Quality Standards (NAAQS) adopted bythe United States Environmental ProtectionAgency. Therecord in this proceedingreveals a errorin a single cross reference in Section 217.388{a)(2)(B), and theBoard submits the correction ofthe error for first-notice publication in this docket. 6) Published studies orreports, and sources ofunderlying data, usedto composethis rulemaking: None. 7) Will theseproposedrules replace emergencyrules currentlyin effect? No. 8) Doesthis rulemaking contain an automaticrepeal date? No. 9) Do these proposedrules contain incomorationsbyreference? No. I0) Arethere any other amendmentspending onthis Part? No. 11) Statement ofstatewidepolicy objectives: Theproposed amendments do not create orexpand a Statemandate as defined in Section 3 ofthe 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 mannerin which interested persons maycomment on this proposed rulemaking: The Boardwill accept written public comment on this proposal for a period of45 days afterthe date ofthis publication. Comments should reference docket R09-19 andbe addressed to: Clerk's Office Illinois Pollution Control Board State ofillinois Center, Suite 11-500 100W. Randolph St. Chicago, IL 60601 Address questions to Tim Fox at 312-814-6085. Interested persons mayrequest copies ofthe Board's opinion and orderbycallingthe Clerk's office at 312-814-3620, ordownload them from the Board'sWeb site at 

### www.ipcb.state.il.us. 13) Initial regulatory flexibility analysis: Therecord inthisproceedingreveals a errorin a singlecross reference in Section 217.388(a)(2)(B), and the Board submits the correction ofthe error for first-notice publicationinthis docket. A) Tvoes ofsmallbusinesses, smallmunicipalities, and not-for-profit comorations affected: As the proposal corrects and clarifies a single cross reference in a subsection addressing thecompliance option ofemission averaging plans for specified engines and turbines, itis not expected to affect anytypes ofsmall businesses, small municipalities, ornot-for-profit corporations. B) Reporting, bookkeeping orotherproceduresrequired for compliance: As the proposal corrects and clarifies a singlecross reference, itdoes not itself requirereporting, bookkeeping or otherprocedures for compliance.

### ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENT C) Tvoes ofprofessional skills necessary for compliance: As the proposal corrects and clarifies a single cross reference, itdoes notrequire professional skills for compliance. 14) RegulatoryAgenda on which this rulemaking was summarized. State reasons for this rulemaking ifitwas not included in either ofthe two most recent regulatoryagendas. January2009. See 33 Ill. Reg. 384,405-07; Jan. 9, 2009. The full text ofthe proposed amendmentbegins on thenext 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 CONTROLBOARD NOTICE OF PROPOSED AMENDMENT TITLE 35: ENVIRONMENTAL PROTECTION SUBTITLE B: AIRPOLLUTION CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER C: EMISSION STANDARDS AND LIMITATIONS FOR STATIONARY SOURCES PART 217 NITROGEN OXIDES EMISSIONS SUBPARTA: GENERALPROVISIONS Scope and Organization MeasurementMethods Abbreviations and Units Definitions Incorporations byReference SUBPART B: NEWFUEL COMBUSTION EMISSION SOURCES

NewEmission Sources (Repealed) SUBPART C: EXISTING FUEL COMBUSTIONEMISSIONUNITS

Existing Emission Units in Major Metropolitan Areas SUBPART D: NOx GENERALREQUIREMENTS Applicability Compliance Date PerformanceTesting Initial Compliance Certification Recordkeeping and Reporting Testing and Monitoring Emissions Averaging Plans SUBPART E: INDUSTRIAL BOILERSSection 217.160 217.162 217.164 217.165 217.166

Section 217.180 217.182 217.184 217.185 217.186

Section 217.200 217.202 217.204

Section 217.220 217.222 217.224

Section 217.240 217.242 217.244

Section ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENT Applicability Exemptions EmissionsLimitations Combination ofFuels Methods and Procedures for Combustion Tuning SUBPART F: PROCESS HEATERS Applicability Exemptions Emissions Limitations Combination ofFuels Methods and Procedures for CombustionTuning SUBPART G: GLASS MELTING FURNANCES Applicability Exemptions EmissionsLimitations SUBPARTH: CEMENTAND LIME KILNS Applicability Exemptions Emissions Limitations SUBPART I: IRON AND STEELAND ALUMINUM MANUFACTURING Applicability Exemptions Emissions Limitations SUBPARTK: PROCESS EMISSION SOURCES217.301

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 POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENT Industrial Processes SUBPART M: ELECTRICAL GENERATING UNITS Applicability Exemptions Emissions Limitations Combination ofFue1s SUBPARTO: CHEMICALMANUFACTURE

NitricAcid ManufacturingProcesses SUBPART Q: STATIONARY RECIPROCATING INTERNAL COMBUSTION ENGINES AND TURBINES Applicability Control and MaintenanceRequirements Emissions AveragingPlans Compliance Testing and Monitoring Recordkeeping and Reporting SUBPARTT: CEMENT KILNS Applicability Control Requirements Testing Monitoring Reporting Recordkeeping SUBPARTU: NO, CONTROLAND TRADING PROGRAM FOR SPECIFIED NO, GENERATING UNITS217.450 217.452 217.454 217.456 217.458 217.460 217.462 217.464 217.466 217.468 217.470 217.472 217.474 217.476 217.478 217.480 217.482

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 ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENT Purpose Severability Applicability Compliance Requirements PermittingRequirements SubpartUNO, Trading Budget Methodology for ObtainingNO, Allocations Methodology for DeterminingNO, Allowances from the New Source Set-Aside NO, AllocationsProcedurefor SubpartU BudgetUnits New Source Set-Asides for "New" BudgetUnits Early Reduction Credits (ERCs) for BudgetUnits Low-EmitterRequirements Opt-InUnits Opt-InProcess Opt-In BudgetUnits: Withdrawal from NO, Trading Program Opt-InUnits: Change in Regulatory Status Allowance Allocations to Opt-InBudgetUnits SUBPART V: ELECTRIC POWERGENERATION

Lake ofEgyptPowerPlant Purpose Severability Applicability EmissionLimitations NO,Averaging Monitoring Reporting and Recordkeeping

PurposeSUBPARTW: NO, TRADINGPROGRAMFOR ELECTRICAL GENERATING UNITS

Sunset Provisions · Severability Applicability Compliance Requirements PermittingRequirements217.760 217.762 217.764 217.768 217.770 217.774 217.776 217.778 217.780 217.782

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 POLLUTIONCONTROLBOARD NOTICE OF PROPOSED AMENDMENT NOx TradingBudget Methodology for CalculatingNO,Allocations for BudgetElectrical Generating Units (EGUs) NOx Allocations for Budget EGUs New Source Set-Asides for "New" Budget EGUs EarlyReduction Credits for BudgetEGUs Opt-In Units Opt-InProcess Budget Opt-InUnits: Withdrawal from NOx TradingProgram Opt-In Units: Change in Regulatory Status AllowanceAllocations to Budget Opt-In Units SUBPART X: VOLUNTARYNOx EMISSIONS REDUCTION PROGRAM Purpose Emission UnitEligibility ParticipationRequirements NO, EmissionReductions and the SubpartX NOx TradingBudget BaselineEmissions Determination Calculation ofCreditableNOx Emission Reductions Limitations onNOx Emission Reductions NOx EmissionReduction Proposal AgencyAction Emissions DeterminationMethods Emissions Monitoring Reporting Recordkeeping Enforcement 217.APPENDIXA 217.APPENDIX B 217.APPENDIX C 217.APPENDIXD 217.APPENDIX E 217.APPENDIXF · 2!7.APPENDIX G Ruleinto SectionTable Section into RuleTable ComplianceDates Non-Electrical GeneratingUnits Large Non-Electrical Generating Units Allowances for Electrical GeneratingUnits Existing Reciprocating Internal Combustion Engines Affected bytheNO, SIP Call 217.APPENDIXH ComplianceDates for CertainEmissions Units at Petroleum RefineriesILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENT Authority: Implementing Sections 9.9 and 10 and authorizedby Sections 27 and 28 ofthe Environmental Protection Act [415 ILCS 5/9.9, 10, 27 and 28]. Source: Adopted as Chapter 2: AirPollution, Ru1e 207: Nitrogen Oxides Emissions, R71-23, 4 PCB 191, Aprill3, 1972, filed and effectiveApril14, 1972; amended at 2 Ill. Reg. 17, p. 101, effective Aprill3, 1978; codified at 7 Ill. Reg. 13609; amended in R01-9 at25 Ill. Reg. 128, effective December26, 2000; amended in ROl-li at 25 Ill. Reg. 4597, effectiveMarch 15, 2001; amended in R01-16 and ROI-17 at 25 

### TIL Reg. 5914, effective Aprill7, 2001; amended inR07- 18 at 31 

### llJ. Reg. 14254, effective September25, 2007; amended inR07-19 at 33 

### TIL Reg. 11999, effective August 6, 2009; amended in R08-19 at 33 Ill. Reg. 13345, effective August 31, 2009; amended inR09-20 at 33 Ill. Reg. 15754, effectiveNovember 2, 2009; amended in R09-19 at 35 Ill. Reg. , effective

. 

# -- -- Section 217.388 

### Control andMaintenanceRequirements a) On and after the applicable compliancedatein Section 217.392, anowneror operator ofan affected unit mustinspect and maintain affectedunits as required bysubsection (a)(4) ofthis Section and comply with one ofthe following: the applicable emissions concentration as set forth in subsection (a)(l) ofthis Section, the requirements for an emissions averagingplan as specified in subsection (a)(2) ofthis Section, orthe requirements for operation as a lowusageunit as specified in subsection (a)(3) ofthis Section. 1) Limitsthe discharge from an affected unit into the atmosphere ofany gases that containNOx to no morethan: A) 150 ppmv (corrected to 15 percent 

### 0 2 on a drybasis) for sparkignited rich-bum engines; B) 210ppmv (correctedto 15 percent 

### 0 2 ona drybasis) for sparkignited lean-bum engines, except for existing spark-ignited Worthington enginesthat are not listed inAppendix G; C) 365 ppmv(corrected to 15 percent 

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

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

### 0 2 on a drybasis) for diesel engines;ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENT E) 42 ppmv (corrected to 15 percent 

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

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

### Q except for the requirements to inspect and maintainthe unit pursuantto subsection (a)(4) ofthis Section, test as required bySection 217.394(£), and retain records pursuant to Section 217.396(b) and (d). Eitherthe limitationin subsection (a)(3)(A) or(a)(3)(B) maybeutilized at a source, butnotboth: A) Thepotential to emit (PTE) is no morethan I00 TPY NOx aggregated from all engines and turbines located at the source that are nototherwise exemptpursuantto Section 217.386(b), and not complyingwith the requirements ofsubsection (a)(l) or (a)(2) of this Section, and theNOx PTElimitis contained in a federally enforceablepermit; or B) The aggregatebhp-hrs/MW-hrs from all affected units located at the source that are not exemptpursuant to Section 217.386(b), and not complying with the requirements ofsubsection (a)(l) or(a)(2)

### ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENT ofthis Section, are less than or equal to the bhp-hrs and MW-hrs operation limit listed in subsections (a)(3)(B)(i) and (a)(3)(B)(ii) of this Section. The operation limits ofsubsections (a)(3)(B)(i) and (a)(3)(B)(ii) ofthis Sectionmustbecontained 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 operationlimits are: i) 8mrn bhp-hrs or less on an annual basis for engines; and ii) 20,000 MW-hrs orless on an annual basis for turbines. 4) Inspects and performs periodicmaintenance on the affected unit, in accordance with a Maintenance Planthat documents: A) For aunit not located at natural gas transmission compressor station or storagefacility, either: i) Themanufacturer's recommended inspection and maintenance ofthe applicable air pollutioncontrol equipment, monitoring device, and affected unit; or ii) Ifthe original equipment manual is not available or substantial modificationshavebeenmade that require an alternative procedure for the applicable air pollutioncontrol device, monitoring device, oraffected unit, the owner or operator mustestablish aplanfor inspection and maintenancein accordance with what is customaryfor the type ofairpollution control equipment, monitoring device, and affected unit. B) For aunit located at a natural gas compressor station or storage facility, the operator's maintenanceproceduresfor the applicable airpollution control device, monitoring device, and affected unit. b) Owners and operators ofaffected units maychange the method ofcompliance with this Subpart, as follows: 1) When changingthemethod ofcompliance from subsection (a)(3) ofthis Section to subsection (a)(l) or(a)(2) ofthis Section, the owneroroperatorILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENT must conducttesting and monitoring according to therequirements of Section 217.394(a) through (e), as applicable. Forthis purpose, references to the "applicable compliance date" in Section217.394(a)(2) and (a)(3) shall meanthe datebywhich compliance with subsection (a)(l) or (a)(2) ofthis Section is to begin. 2) An owneroroperator ofan affected unit that is changingthe method of compliance from subsection (a)(l) or(a)(2) ofthis Sectionto subsection (a)(3) ofthis Sectionmust: A) Continueto operatethe affected unit's control device, ifthat unit reliedupona NO, emissions control devicefor compliance with therequirements ofsubsection (a)(!) or (a)(2) ofthis Section; and B) Priorto changingthemethod ofcompliance to subsection (c) of this Section, complete any outstandinginitial performancetesting, subsequentperformances testing ormonitoring as required by Section 217.394(a), (b), (c), (d) or (e) forthe affected unit. Ifthe deadline for such testing ormonitoringhas not yet occurred (e.g., thefive-yeartesting ormonitoring sequence 

### has notyet elapsed), theowneroroperatormustcompletethetest ormonitoringpriorto changingthemethod ofcomplianceto subsection (a)(3) ofthis Section. After changing the method ofcomplianceto subsection (a)(3) ofthis Section, no additional testing ormonitoring will be required for the affectedunit whileitis complyingwith subsection (a)(3) ofthis Section, except as provided for in Section 217.394(f). (Source: Amended at 35 Ill. Reg.

__ , effective

### __jILLINOIS REGISTER POLLUTION CONTROLBOARD NOTICE OF PROPOSED AMENDMENTS I) Heading ofthe Part: Air Quality Standards 2) 3) Code citation: 35 TIL Adm. Code 243 SectionNumbers: ProposedAction: 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

## 82010 STATE OF IWNOJS Pollution Control

## Board

4) Statutoryauthority: Implementing Section I0, and authorizedby Sections 27 and 28 of theEnvironmental ProtectionAct [415 ILCS 5/10,27, and 28]. 5) A complete description ofthe subjects and issues involved: Fora more detailed description ofthis rulemaking, seetheBoard'sNovember4, 2010, opinion and orderAir Quality Standards Clean-Up: Amendments to 35 TIL Adm. Code217,223,243 (R09-19). The lllinois Environmental ProtectionAgency (Agency) submitted this rulemaking proposal to updatePart 243 ofthe Board's airregulations to reflect revisedNational Ambient AirQuality Standards (NAAQS) adoptedbytheUnited States Environmental ProtectionAgency. 6) Published studies orreports, and sources ofunderlvingdata, used to composethis rulemaking: TheAgency, which originatedthis rulemakingwiththe Board, did not indicatethatitused a published study orreport in developing theproposal. 

### 7) Will theseproposedrules replace emergencyrules currentlyineffect? No. 8) Does this rulemaking contain an automaticrepeal date? No.



### RECEIVED 

### NOV ID 

## 2010 SOS-CODE DIV:ILLINOIS REGISTER POLLUTION CONTROLBOARD NOTICE OF PROPOSED AMENDMENTS 9) Does this proposed rule contain incomorations byreference? Yes. Code ofFederal Regulations: Lead, 40 CFR 50, Appendices G and Q (2008). Reference method for the determination ofparticulatematter as PM2.5in the atmosphere, 40 CFR 50, Appendix L, 73 Fed. Reg. 61144 (Oct. 17, 2006). Interpretation ofthe national ambient air quality standards for PM2.5, 40 CFR 50, AppendixN, 73 Fed. Reg. 1497 (Jan. 9, 2008). Interpretation oftheNAAQS for 

### 0 3, 40 CFR 50, Appendix P, 73 Fed. Reg. 16436 (Mar. 27, 2008) National Ambient Air QualityStandards for Lead: Final Rule, 40 CFR 50, 51, 53, and 58, 73 Fed. Reg. 66964 (Nov. 12, 2008). Interpretation ofthe National AmbientAir Quality Standards for Lead, 40 CFW50, Appendix R, 73 Fed. Reg. 66964 (Nov. 12, 2008). I0) Are there any other amendments pending onthis Part? No. II) Statementofstatewidepolicyobjectives: Theproposed amendments do not create orexpand a Statemandate as defined in Section 3 ofthe StateMandates Act [30 ILCS 805]. 12) Time. place and mannerinwhich interestedpersonsmaycommentonthis proposed rulemaking:ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS

The Board will accept written public comment on tbis proposal for aperiod of45 days after tbe date ofthis publication. Comments should reference docket R09-19 and be addressed to: Clerk's Office illinois Pollution Control Board State oflllinois Center, Suite 11-500 I00 W. Randolph St. Chicago, IL 6060I Address questions to 

### Tim Fox at 312-814-6085. Interested persons mayrequest copies ofthe Board's opinion and orderby callingthe Clerk's office at 312-814-3620, ordownload them from the Board'sWeb site at www.ipcb.state.il.us. 13) Initial regulatory flexibility analysis: In proposingthese amendments to Part 243, the Agencyindicated that theywould notimpose newrequirements but would merelyupdateIllinois' regulations to reflect currentfederal standards that theUnited States Environmental ProtectionAgencyhad adoptedunderthe Clean AirAct. · A) Tvoes ofsmallbusinesses, small municipalities, and not-for-profit corporations affected: As the proposal intends to incorporate current federal law, itis does notitself affect any types ofsmall businesses, small municipalities, ornot-for-profit corporations byimposingnew substantiverequirements. B) Reporting, bookkeeping orotherproceduresrequired for compliance: As theproposal intends to incorporate current federal law, itdoes notrequire reporting, bookkeeping, orotherprocedures for compliance.

### ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS C) Types ofprofessional skills necessary for compliance: As theproposal intends to incorporate current federal law, it does notrequire professional skills for compliance. 14) RegulatoryAgendaon which this rulemaking was summarized /Statereasons for this rulemaking ifitwas not included in either ofthe two mostrecent regulatory agendas. January2009. See 33 lll. Reg. 384, 405-07 (Jan. 9, 2009). The full text ofthe proposed amendments begins onthe 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 POLLUTION CONTROL BOARD NOTICE OF PROPOSEDAMENDMENTS TITLE 35.: ENVIRONMENTAL PROTECTION SUBTITLE B: AIRPOLLUTION CHAPTERI: POLLUTION CONTROL BOARD SUBCHAPTER 1: AIR QUALITY STANDARDS AND EPISODES PART243 AIR QUALITY STANDARDS SUBPARTA: GENERALPROVISIONS

Definitions Preamble Applicability Nondegradation Monitoring Reference Conditions Incorporations byReference SUBPART B: STANDARDS AND MEASUREMENT METHODS PMJ.Q.andPM1.5PM 10 Particulates (Repealed) Sulfur Oxides (Sulfur Dioxide) Carbon Monoxide NitrogenDioxide 8 HourOzone Lead 243.Appendix A Rule into Section Table 243.Appendix B SectionintoRuleTable 243.Appendix C Past ComplianceDates AUTHORITY: Implementing Section 10 and authorized by Section 27 and 28 ofthe Environmental Protection Act [415 JLCS 5110,27, and 28]. SOURCE: Adopted as Chapter 2: Air Pollution, PartIII: Air Quality Standards, in R71-23, 4 PCB 191, filed and effectiveApril14, 1972; amended inR80-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, effectiveMay 15, 1992; amendedin R09-19, at 3 5 Ill. Reg.

__ , effective

__ . SUBPARTA: GENERALPROVISIONS 

### Section 243.101 Defmitions a) Except as hereinafter stated and unless a different meaning ofa term is clearfrom its context, the definitions ofterms used in this Part shallbethe same as those usedinthe EnvironmentalProtectionAct (Ill. Rev. Stat. 1981, ch. 111 112, pars. 1001 et seq.) (Act). b) All terms which appear in this Parthavethe definitions specifiedbyParts 201 or 211 ofthis SubtitleChajJter. (Source: Amended at 35 Ill. Reg.

__ _, effective_). 

### Section 243.104 Nondegradation Existing ambient airqualitywhichis betterthan the establishedelttalllisheEI ambient airquality standards atthe date oftheir adoption willbemaintained initspresenthighquality. Such ambient air quality shall not be lowered unless and until it isproved to the IllinoisEnvironmental Protection Agency (Agency) that such change isjustifiable as aresult ofnecessary economic and social development and will not interfere withorbecomeinjurious to humanhealth or welfare. (Source: Amended at 35 Ill. Reg.

__ _, effective ---1 

### Section 243.106 Monitoring Pollution levels will be determined byfixed ormobile sampling stationsbeyond the premises on which a sourceislocated. Stations will belocated according to the**guidelines~a~i!Eieliaes** for established monitoring networks as developedbythe United StatesEnvironmental Protection Agency. (Source: Amended at 35 Ill. Reg.

__ , effective

_ _, 

### Section 243.107 Reference Conditions All measurements ofair quality, exceptPM:u,are corrected to a reference temperature of25° C, and to areferencepressure of760millimeters ofmercury (1013.2 millibars). PMu.ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICEOF PROPOSED AMENDMENTS measurements shall bebasedupon the actual ambient airvolumemeasured at the actual temperature and pressure at the monitoring site during themeasurementperiod. (Source: Amended at 35 Ill. Reg.

__ _, effective_). Section 243.108 Incorporations by Reference The following materials are incorporatedbyreference. These incorporations do notinclude any later amendments or editions: a) Pararosanilinemethod, 40 CFR 50, Appendix A (1982). b) Non-dispersive infrared spectrometrytechnique, 40 CFR 50, Appendix C (1982), 36Fed. Reg. 22391, November25, 1971. c) Colorimetricmethod, 36 Fed. Reg. 22396, November25, 1971. d) Ozone-ethylenereaction method, 40 CFR 50, AppendixD (1982), 36Fed. Reg. 22392, November25, 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) Referencemethod for the determination ofparticulatematter as 

### PM-w in the atmosphere, 40 CFR 50, Appendix J (1990t g) Interpretation ofthe national ambient airquality standards for particulate matter, 40CFR 50, Appendix K. 73 Fed. Reg. 61144 (October 17. 2006). (1999) 

## hl Reference method for the determination ofparticulatematter as PM;uin the atmosphere, 40 CFR 50, Appendix L, 73 Fed. Reg. 61144 (October 17. 2006). 

## il Interpretation ofthenational ambient airquality standards for PM;u, 40 CFR 50. Appendix N. 73 Fed. Reg. 1497 (January 9, 2008). j) Interpretation ofthe 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 ofthe 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 SUBPARTB: STANDARDS AND MEASUREMENT METHODS Section 243.120 PM10 

### and PM2sl'l.\H9 a) Standards. Theprimary and secondary ambient air quality standards for PM 10 PMHl are a maximum 24-hour average concentration of150 micrograms per cubicmeter. The standards are attained when the expectednumber ofdays per calendaryearwith a 24-hour average concentration above 150 micrograms per cubicmeteris eoual to orless than one, as measured and determined in accordance with subsection (b)below. 

## B An a!lffilal arithmetie mellfl esneeatratisn ef

### 50 miersgmmsJlef eaeie meter;

# ana A mwtimwn 

### 24 heur eeneeatratisn sf 150 mieregramsJl6feubie meter, aotto be exeeedeS FBore than eeeef:JSF year. b) Measurement Method. Fordetermining conformance with the PM10PM ltl ambient airquality standards, PM10PM ltl shall bemeasuredbythe method described in40 CFR 50, Appendix

### J (incorporatedbyreference in Section 243.108). The computationsnecessaryfor analyzingparticulatematter data to determine attainment ofthePM.I.Q.PM Igstandards are described in 40 CFR 50, Appendix K (incorporatedbyreference in Section 243.108)

. 

## .£! Standards. Theprimary and secondary ambient air quality standards for PM, 5 are: 1} An annual arithmetic mean concentration ofI5.0 micrograms per cubic meter; and as measured and determined in conformance with subsection (d) below. f} A maximum 24-hourconcentration of35 microgramsper cubicmeter. at the 98thpercentilevalue. and as measured and determined in conformance

### ILLINOIS REGISTER POLLUTION CONTROL BOARD NOTICE OF PROPOSED AMENDMENTS with subsection (d) below. d) MeasurementMethod for PM22. Fordetermining conformance with the PM:u ambient air quality standards, PMu 

### shall bemeasured bythe method described in 40 CFR 50, Appendix L (incorporated byreference in Section 243.108). The · computations necessary for analvzingparticulatematter data to determine attainment ofthe PM:u standards are described in 40 CFR 50, Appendix N (incorporated byreference in Section 243.108). (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 of80 micrograms percubic meter (0.03 ppm); and, 2) A 

### maximum 24-hour concentrationnot to be exceeded morethan onceper year of365micrograms percubicmeter (0.14 ppm). b) SecondaryStandard. The secondary ambient air

### quality standard for sulfuroxides measured as sulfurdioxide is amaximum 3-hourconcentration not to be exceeded morethan onceperyear of1,300 microgramsmieeFgFams per cubic meter (0.5 ppm). c) MeasurementMethod. Fordetermining conformance with sulfur oxide airquality standards, sulfur oxides shallbemeasured as sulfur dioxidebythe pararosaniline method described in40 CFR 50, AppendixAflir. A, (1982), orby an equivalent method ofproofapproved bythe Agency. (Source: Amended at 35 

### Ill. Reg.

__ __, effective__). Section 243.125 8-Hour Ozone a) Standard. Theprimary and secondary ambient air quality standardsstanElarEl for ozone areis**0.075~** 

### parts permillion (ppm) (235 mieregrams fler eaeie meter) dailymaximum 8-hourl hear average concentration, measured and determined in accordance with subsection (b) belovmet te eeeJteeeEleEleH mere 

### thaH sHe ElayILLINOIS REGISTER POLLUTION CONTROLBOARD NOTICE OF PROPOSED AMENDMENTS peryear. b) Measurement Method. Fordetermining conformancewith the ozone air quality standard, ozone shall be measured bythe scene ethylene reaetieareference method specifiedbydeserilled 

### in 40 CFR Part 50, AppendixAfljT. D, as amended or equivalent method as described in 40 CFR Part 50, Section50.1, as prescribed by40 CFR Part53 (2003), and the Interpretation ofthe 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. Theprimary and secondary ambient airquality standards for lead 

### and its eeffll"SUI!ds are 1.5 is 0.15 microgramspercubicmeter, maximumrolling three month average measured and determined over a three-yearperiodaritbmeaemean average ever a ealeadarE!llarter. b) Measurement Method. Fordetermining conformancewith the ambient air quality standards for lead and its compounds, lead and its compounds shall bemeasured bythe atomic absorbtion spectrometry or equivalentmethod as described in 40 CFR 50 Appendicesl'qJJl. G (1982)and 0, as incorporatedbyreference in Section 243.108 ofthis Part. Theprimary and secondary ambient air quality standards shall bedetermined inaccordance withAppendix R ofPart 50 as incorporatedby reference in Section243.108 ofthis 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 THEMATTEROF: 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 ofIllinois Center 100 WestRandolph, 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 ChiefLegal Counsel Illinois Dept. ofNatural Resources OneNatural Resources Way Springfield, Illinois 62702-1271

PLEASE TAKE NOTICE that Ihave today filed with the Office ofthe Pollution Control Board the FIRST ERRATA SHEETofthe Illinois Environmental Protection Agency a copy ofwhich 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 ofLegal 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 OFTHE 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 of35 Ill. Adm. Code 243. The Illinois EPA proposes the following amendments to the text ofthe rules sentto First Notice by the Board on November4, 20I0: I. AmendSection 243.106 to clarifYthe source of and form of the ambient air quality monitoringprovisions. 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 meniteringnetwefi<s regulations for ambient air quality monitoring as promulgated eevelefletl by the United StatesEnvironmental Protection Agency at 40 CFRPart 58. 2. AmendSection 243.107to addleadto list of pollutants requiring measurement. Section 243.107 Reference Conditions All measurements ofair quality, except PM2 5 and lead, are corrected to a reference temperature of25° C, and to a reference pressure of760 millimeters ofmercury (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. AmendSection 243.108 to addseveralnew 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 spectrometrytechnique, 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 ofparticulate matter as PM- 10 in the atmosphere, 40 CFR 50, Appendix J (1990t ig) Interpretation ofthe 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 ofparticulate matter as 

### PMzs in the atmosphere, 40 CFR 50, Appendix L, 73 Fed. Reg. 61144 (October 17, 2006). 

### kt) Interpretation ofthe national ambient air quality standards for PM25, 40 CFR 50, Appendix N, 73 Fed. Reg. 1497 (January 9, 2008). 

### !t) Interpretation ofthe 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 ofthe National AmbientAir Quality Standards for Lead, 40 CFR 50, Appendix R, 73 Fed. Reg. 66964 (November 12, 2008). 4. AmendSection 243.120 to amendthe measurement methodrequired, andthe computation of such method, in subpart (b). The amendment clarifies subpart(c),andlists the methods and procedures in subpart (d). New methods of calculating the annualprimaryandsecondary 

### PM2.5 and24-hourprimaryandsecondary

### PM2_5standards 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 ofdays percalendar 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 aatate 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-hourconcentration of35 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. Fordetermining 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 orequal to 35 ug/m3• 5. AmendSection 243.125 to explain when theprimaryandsecondaryambient 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 permillion (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, orequivalent 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 eftile 

### 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. AmendSection 243.126 to clarify theform of leadmeasuredandthe reference methodused to do so. Section 243.126 Lead a) Standard. Theprimary 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. Fordetermining conformance with the ambient air quality standards for lead and its compounds, lead and its compounds shall be collected bythe 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.I08 of this Part. The primary and secondary ambient air quality standards shall be determined in accordance with Appendix R ofPart 50 as incorporated by reference in Section 243.108 ofthis Part. 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'----- I021 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 CONTROLBOARD

IN THEMATTER OF: CLEAN-UP AMENDMENTS TO 35 ILL. ADM. CODE PART 243 ) ) ) ) ) ) 

### R09-019 (Rulemaking- Air)

PROOF OFSERVICE I, the undersigned, an attorney, state that I have electronically served the attached FIRST ERRATA SHEET ofthe Illinois Environmental Protection Agency upon the persons to whom it is directed. TO: John Therriault,Assistant Clerk Illinois Pollution Control Board State ofIllinois Center 100 West Randolph, Suite 11-500 Chicago, Illinois 60601

David Kolaz Executive Director Illinois EnvironmentalRegulatory 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 I021 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 ChiefLegal Counsel Illinois Dept. ofNatural Resources OneNaturalResources Way Springfield, Illinois 62702-1271

ILLINIOS ENVIRONMENTAL PROTECTION AGENCY, 

### Is/Charles E. Matoesian Charles E. Matoesian Assistant Counsel Division ofLegal Counsel

### ' Electronic Filing - Received, Clerk's Office, January 3, 2011 * * * * * 

### PC# 6 * * * * * !EPAATTACHMENT NO(}, 

### :;2.



## ·-- BEFORETHEILLINOIS POLLUTION CONTROLBOARD IN THE MATTER OF: AIR QUALITY STANDARDS CLEAN-UP: ) 

### ) ) ) ) R09-19 (Rulemaking- Air) AMENDMENTS TO 35 ILL. ADM. CODE PARTS 217,223,AND 243 NOTICE OFFILING TO: Mr. Jolm C. Therriault Assistant ClerkoftheBoard Illinois Pollution ControlBoard 100 W. Randolph Street Suite 

### 11-500 Chicago, Illinois 

### 60601 (VIAELECTRONICMAIL) Mr. TimothyJ. Fox Hearing Officer Illinois Pollution Control Board 100 W. Randolph Street Suite 

### 11-500 Chicago, Illinois 

### 60601 (VIA U.S.MAIL) (SEE PERSONS ONATTACHED SERVICELIST) PLEASETAKENOTICEthatI have today filed withthe Office ofthe Clerk of the Illinois PollutionControl BoardtheFIRSTNOTICE COMMENTS OFTHE ILLINOIS ENVIRONMENTAL REGULATORYGROUP, copies ofwhich 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 FIRSTNOTICE COMMENTS OFTHE ILLINOIS ENVIRONMENTAL REGULATORY GROUP,upon: Mr. John T. Therriault Assistant Clerk ofthe Board Illinois Pollution Control Board 100 WestRandolph Street Suite 11-500 Chicago, Illinois 60601 via electronic mail onJanuary 3, 2011, and upon: Mr. TimothyJ. Fox Hearing Officer Illinois Pollution Control Board 100 W. Randolph Street. Suite 11-500 Chicago, Illinois 6060I Charles E. Matoesian, Esq. Assistant Counsel Illinois Environmental ProtectionAgency 1021 North Grand AvenueEast Post Office Box 19276 Springfield, Illinois 62794-9276 Katherine D. Hodge MonicaT. Rios Hodge Dwyer & Driver 3150Roland Avenue POBox 5776 Springfield,IL 62705 Matthew

### J. Dunn, Chief Office ofthe Attorney General Environmental BureauNorth 69 WestWashington Street, Suite 1800 Chicago, Illinois 60602 Virginia Yang, Esq. Illinois DepartmentofNatural Resources OneNatural Resources Way Springfield, Illinois 62702

by depositing said documents in the United States Mail, postageprepaid, in Springfield, Illinois onJanuary 3, 2011. Is! Alec M. Davis AlecM. 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)



### FIRSTNOTICE COMMENTS OFTHE ILLINOIS ENVIRONMENTAL REGULATORY GROUP

NOW COMES the IllinoisEnvironmental Regulatory Group ("IERG"), by and through its attorneys, Alec M. Davis and HODGE DWYER& DRIVER, and submits its First Notice Comments inthe above-captioned matter to the Illinois Pollution Control Board ("Board''), stating as follows: 

### I. INTRODUCTION The Illinois Environmental Regulatory Group wouldlike tothank the Board for the opportunityto submitthese comments inregard tothe First Notice Publication ofthe Board's proposed amendments to its airpollutionregulations pursuantto the Air Quality Standards Clean-Up rulemaking. IERGhas been an active participantin this rulemaking, having questioned witnesses andprovidedtestimony athearing, andby submitting post-hearing comments. The Illinois Environmental Protection Agency ("IllinoisEPA" 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 bytheU.S. EPAunderthe federal CleanAirAct." Statement ofReasons, 

### In the MatterofAir QualityStandards Clean-Up: Amendments to 35Ill. Adm. Code Parts 217, 223, and243, R09-!9 at4 (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"). Fromthe timethat the federal National Ambient Air Quality Standards ("NAAQS") were first adopted onApril30, 1971, the Illinois EPA and the Board have expressedthe intent to adopt Illinois standardsthat are substantively identical tothe NAAQS. Inthe Board's opinionin

### In the Matter of ProposedAir Quality Standards (R72-7), adopted on July 10, 1975, the Board discussed theneed 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 groundfor disagreement, especially since we have already devised a plan for achievingfederal standards. In light ofthe above considerations, the PCB today is proposing adoption ofthe federal standards. "Proposed Air Quality Standards,"BoardNewsletter#47, cited in

### In the Matter of ProposedAir QualityStandards, R72-7 at4-5 (III.Poi.Controi.Bd. July 10, 1975). The Board thenproceeded to adoptthefederal NAAQS. Inproposing the amendments in the currentmatter for first notice, the Boardcontinues the policy ofmaintaininguniformitybetween state and federal standards, unambiguously stating that the intent is toupdate Part 243 to reflect federal air quality standards. Opinion and Order of the Board, R09-19 at I (III.Poi.Controi.Bd. Nov. 4, 2010) (hereafter cited as "FirstNotice Opinion and Order''). !ERG'stestimony and comments inthisproceeding are entirelyintended to promotethe purpose ofmairitaining that uniformity and to avoid any possibility ofinterpreting the state standards in a manner different thanthefederal staiJ.dards. Neitherthe Agency nor !ERGhave presented orhave attempted topresenttestimony for the purpose ofestablishing a "solid ground fordisagreement"between the state and federal standards, noris !ERGaware of any otherBoardrulemaking having done so. Consequently, !ERG submits thatthe language of the Board'sair quality standards should be unambiguousregarding theirinterpretation. Any



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interpretation ofthe Board's air quality standards ina manner that reaches a different conclusion from that derived from the federal standard on which it is based would be contraryto the clear intent ofthe record onwhich the State standards were established. !ERG's comments are based

on this fundamental proposition regarding therelationship between the state and federal air quality standards and the needto eliminate thepossibility ofinterpretations ofthe State standards that would differ from those ofthe federal standards. IERG would also askthe Boardto revisit theissue ofwhetherto amendthe State standards not explicitly proposed by theAgency, as recommendedbyIERG. Post-Hearing Comments ofthe Illinois Environmental Regulatory Group, R09-19 (Ill.Pol.Control.Bd. Jun. 8, 2009). To the extentthattheBoarddeclined to propose !ERG'srecommendations, based upon a finding that IERGhas not providedtechnical support, orshowntheeconomic orenvironmental impact oftherecommendation, IERG contends that the rationale in supportis identical to that providedbythe Agency, and cited approvingly by the Board: [t]he amendments to Part 243 do not impose newrequirements, they merely update the State's regulations to reflect currentfederal law and standards. The Illinois EPAtherefore believes that an analysis oftechnical feasibility and economicreasonableness is not appropriate. These standards are wellknownto industry andhavebeenthoroughly discussed by the U.S. EPA. First Notice Opinion and Order at 25 (citing Statement ofReasons at4). IERG does notintend, through its recommended revisions, to make any substantive changes to the state air quality standards, otherthan

### to update them to reflect currentfederal lawand standards. Followingare !ERG'scomments regarding specific elements ofthe Board'sproposed amendments to Part 243 as published inthe Illinois Register. 34 Ill. Reg. 17537 (Nov. 19, 2010).



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II. PM10 AND**PM~** s 

### (SECTION243.120) 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 ofthis 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 Registerpublication ofthe Board's proposed revisions contains changes that extendbeyondpunctuation, spelling, and grammar corrections. !ERG does not support such changes to the Board's proposedrule. !ERGnotes that the Agency has submitted "errata" corrections regarding the FirstNotice and is proposing changes that would essentially revertthe FirstNotice publication to thatproposed by the Board for Section 243.120. First Errata Sheetofthe Illinois Environmental Protection Agency, R09-19, 2-3 (Ill.Pol.Control.Bd. Dec. 28,2010). !ERG supports the substantive elements ofthe Agency's suggestions with the exception thatthe phrase, "oran equivalentmethod designated in40 CFR 53" that the Agencyproposes to add to 243.120 (b) 

### and (d) should read: "oran equivalent method designated pursuantto 40 CFR 53". Furthermore, these phrases should only occur after the words, "Appendix

### J" inthe Board's original proposal for 243,120 (b) 

### and afterthe words, "Appendix L" inthe Board's original proposal for 243.120 (d).

Ill. 8-HOUR OZONE (SECTION243:125) IERG concurs withthe Board'sproposedrevisions to Section 243.125, which will eliminate any ambiguity in the interpretation ofthis standard. The state and federal air quality standard will yieldthe same conclusion when applied to air quality data collected in Illinois. Again, the Illinois Registerpublication contains changes from the Board's proposal that extend beyondpunctuation, spelling, and grammarcorrections. Again, !ERG does not support such

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changes to the Board'sproposed rule. IERG notes thatthe Agencyhas 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 ofthe Agency's suggestions with one exception. IERG suggests that the first sentence ofSection 243.125 (b) should be replaced with the sentence, "Ozone shall be measured by a reference method based on40 CFRPart50, appendix D and designated in accordance with 40 CFRPart 53 oran equivalent method designated in accordance with40 CFR Part 53". The language in this sentence thatpertains to the reference and equivalent methods for measuring ozone are substantively the same as the language contained inthe federal ozone standard which states, "

....measuredby a referencemethodbased onAppendix D to this part and designated in accordance withpart 53 ofthis chapter or an equivalentmethod designated in accordance with part 53 ofthis chapter." 40 CFR 50.15(a). This will avoid possible confusion especiallyregarding the reference in the proposed rule to, "

....an equivalentmethod as described in 40 CFR Part 50, Section50.1

..." whichis a reference to defmitions and is not use.d in the federal standard orany otherofthe Board's airquality standardthat describes the concept of reference and equivalentmeasurement methods.

IV. 

### LEAD (SECTION 243.126) IERG hadrecommended somechanges to the Agency's proposed revisions to the State's lead standard. In its Opinion and Order,the Board did not accept !ERG'srecommended changes stating, "IERG does not supportthese suggested changes with technical support, evidence or arguments identifYing affected sources, orprojected economic orenvironmental impact." First Notice Opinion and Order at24. As stated generally above, !ERG'schanges were made in light ofthe form and substance ofthe federal standard, whichthe Agencyhad stated itwas emulating,
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and were intended for the sole purpose ofclarifYing 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 percubic meter, arithmetic mean concentration over a 3-month period, measured in the ambient air as Pb eitherby: (I) A reference method based on Appendix G ofthis part and designated in accordance with part 53 ofthis chapter or; (2) An

### equivalentmethod designated in accordance withpart 53 ofthis chapter. (b) 

### The national primary and secondary ambient air quality standards for Pb are met whenthe maximum arithmetic 3-month mean concentration for a 3-yearperiod, as determined inaccordance with Appendix R ofthis part, is less than orequal to 0.15 micrograms per cubic meter. 73 Fed. Reg. 67052 (Nov. 12, 2008).

The Board's proposed leadrule presented in the Illinois Register for FirstNotice is as follows: Section 

### 243.126 Lead 

### a) Standard. The primary and secondary ambient air quality standards for lead are 0.1Santi its eellljlellllels 

### are 1.5 micrograms per cubic meter, maximumrollingthree month average measured and determined over a three-yearperiodarill!meae meBR a-verage ever a- ealeftearEjliarter. 

### 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 byreference in 

### Section243.108 ofthis 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 ofthis Part.App, G (1982).

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34 Ill. Reg. at 17545. The Board'srule as proposed differs from the federal NAAQS in ways which could lead to unnecessary confusion. To illustratethe various ways a reader could be unnecessarily confused, !ERGhas identified a number ofpossibleissues. 1

1The Board'sproposed rule in Section 243.126 (a) strikes outthe phrase "and its compounds" but in Section 243.126 (b) specifies that compliance with the standard be determined by ameasurement 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. TheAgency has presented suggested correctionsto this standard as part ofits erratareferred to earlier. In Section 243.126 (a) the Agencyproposes to add the phrase"

...measured as elemental lead

..." afterthe 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 thatthe language used in the federal rule be usedto describe the pollutants that are the subject ofthe standard by stating in Section 243.126 (a) thatthe 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 measurementmethod. This is consistentwith the description that the USEPA provides in 40 CPR 50, Appendix Rwhere itstates in part that, "TheNAAQS indicatorfor lead is defined as: lead and its compounds, measured as elemental lead

....". !ERG's specific suggestion in this regard is thatthe phrase "as elemental lead" be inserted in the first sentence ofSection 243.126(b). The Board's proposedrule does not include a description ofwhen the standard is met, though it does include areference to an appendix in the federal rule (Appendix R) which presents the protocol for interpreting compliance with the standard. The Board'srule states in Section 243.126(b) statesthat, "The primarv and secondary ambientairgualitv standards shallbe determined in accordance with Appendix RofPart 50 as incomorated by reference in Section 243.108 ofthis Part." It is not clearwhat is to be determined. The federal rule includes abriefdescription ofthe criteriafor determining compliance with the standard and also includes areference to Appendix R. The federal rule states that the"

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An alternative approach thatwouldtrack the federal rule more closely and provide less opportunity for confusion is to make the following changesto the Board's proposedrule in Section 243.126. !ERG's additions are shown as 

### bolditalics and deletions as**ae~:~llle** strills

Pb are metwhen the maximum arithmetic 3-month mean concentration for a3-year period, as determined in accordance with Appendix Rofthis part, is less than or equal to 0.15 micrograms per cubic meter." This is helpful to the reader ofthe standard by providing asense ofthe mechanism for determining compliance and referring the readerto the appropriate appendix for the details. The Board'sproposed rule in Section 243.126 (b) statesthat"

...lead and its compounds shall be measured by the atomic absorption spectrometry orequivalent method as described in40 CFR 50**AJ)l?endice~ ~l!IIQ_Q,** ..." However, appendix Qdoes not describe the atomic absorption spectrometry method but describes the X-ray fluorescence method. Furthermore, theAgency in its erratareferred to previously suggests adding the phrase,"

...collected bythereference method specified in 40 CFR Part 58 Appendix B." to Section 243.126(b). This reference is apparently intended to referto Part 50, appendix Bsince Part 58 appendix B is reserved. Areference to 40 CFR Part 50, appendix Bwould appropriately describe the sample collection method for samplescollected pursuant to the referencemethod described in 40 CFR 50, appendix Gbutnotto appendix Q. The sample collection method for the referencemethod described in appendix 

### Qis described in 40 CFR 50, appendix 0._ Appendix Q describes amethod that may be used to show aviolation ofthe standard but may not be usedto show compliance. Furthermore, this method can only be used in special circumstances which are described in40 CFR 58, appendix C and also in 40 CFR50, appendix R. Only the method described in 40 CFR 50, appendix Gmay be used to show compliance to the Board'sproposed standard butboth themethod in 40 CFR 50, appendices Gand 

### Qmay be used to show a violation ofthe standard. The U.S. EPA NAAQS for lead only refers to 40 CFR appendix G. Its referenceto 40 CFR 50, appendix R is the means it uses to allow the use ofthe method in 40 CFR 50, appendix Qin certain specifiedsituations. !ERG's proposed language for Section 243.126(b) is intended to mirrorthe federal standard.

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Section 

### 243.126 Lead a) Standard. The primary and secondary ambient air quality standards for lead 

### andits compounds (Pb) are 0.15anEI its eeffijle!HlEis are 1.5 microgramsper cubic meter, maximum rolling three 

### calendarmonth 

### arithmetic mean concentration 

### avemgs measured and determined over a three-year periodaritbmetie mean Ewerage e";er a ealeaEiar €t"'arter. b) Measurement Method. Fordetermining conformance with the ambient 

### air quality standardsfor lead andits compounds, lead and its compounds shall bemeasured

### aselementalleadbya referencemethodbasedon40 CFR 50, appendix Ganddesignatedin accordance with 40 CFR 53, orby an equivalentmethoddesignatedin accordance with 40 CFR 

### 531ly tll.B**a~em:ie** 

### afiB€1ff!ti0n8f3€etraRtetiyer SCfUi Wsllt**me~eS** 

### as 8ese¥:i@s8 

### iD 40 CFR §Q, 

### 8!lJ11BBaiess C ruul 0. incorporated by reference in Section 243.108 ofthis Part. 

### Compliance with the+Mprimru.y and secondary ambient air qualitv standards shall be determined in accordance with 40 CFR 50. appendix R. incorporatedby reference in Section 243. I08 ofthis Part.Aj)fl. G (1982).

IERG believes thatthe changes itproposes above will correct and clarifythe Board's proposed lead standard and make it substantivelythe same as the federal standardin accordance with the stated intent.



### V. SULFUR OXIDES <SECTION 243.122) The Board's air quality standard for sulfur oxides is notbeing interpreted by the Agency in a mannerthat results in the same compliance conclusion when the U.S. EPA standard is applied to the same data set. Thisfinding offact 

### was clearly described in the Board's Opinion and Order and is notthe subjectofdebate. First Notice Opinion and Order at 17, 18, and 22. !ERG has argued that this air quality standards clean-upproceeding should include language to clarifythis rule. As stated in theBoard's Opinion and Order and stated previously in these comments, the current sulfur oxides standards in Section 243.122 were adoptedbythe 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 ProposedAir Quality Standards, 

### R72-7 at14. Given this fact and the Board and Agency's continuing assertionthat 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 ofthe federal standard. The fact thatthe Agency has chosen to use the ambiguous language ofthe rule to produce aresult never intended bythe formal rulemaking does notjustify such actions. IERG agrees with the Board's statementthat states are allowed to have amore stringent air

### quality standard, but IERG contends that such a substantive change to a standard shouldbe promulgatedby the Boardthroughproperrulemaking procedures. IERG is unaware of any rulemaking to adopt a state standard in Illinoisthat differs from the federal standard. The fact thatboth the Board and the Agency admit that the rule is being interpretedbythe Agency in

amanner that is more stringentthan the federal standard shouldbe sufficienttojustifY the necessary changes that U.S. EPA made long ago to preclude such interpretation and conform withthe intent ofthe Board when the sulfur oxides standards were adopted. However, sincethe time ofthe Board'shearings in this matter, the U.S. EPA has promulgated anew sulfurdioxide NAAQS wherein it is revokingboth 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 

### itremains "on-the-books", the developments at the federal level and the acknowledged regulatory history ofthe State's current rule reduce the potential impact ofany interpretation ofthe current state rule that results in a
more stringent conclusion than that which would be reached from the revoked federal rule.



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Vl. NITROGEN DIOXIDE ISECTION243.124) !ERG contends that the Board rule for nitrogen dioxide ispast due for updating. As stated in the Board'sFirstNotice Opinion and Order and elsewhere in these comments, the state rule is intendedto be substantively the same as the federal rule. Furthermore, it is reasonable to conclude that any clarifications made bythe U.S. EPAto facilitate interpretation ofits rule would be made bythe Board to continue to maintainthe parity onwhich therulewas originally promulgated. Thathas notbeen done, and has resulted in confusion inthe regulated community. IERG submits that it is not sufficientfor the Board and the Agency to argue thatitisproper and acceptable for the State to have amore stringentrule whenthe rule was adopted onthe basis of being the same as the federal rule. IERG is unaware ofanyjustification having beenprovided in the Board's priorrulemakingsfor this pollutantthat would argue for a more stringent interpretation. Furthermore, as stated by !ERGin its testimony, the Agency is following the U.S. EPA's airquality standardfor nitrogen dioxide in all ofits data collection andreporting. Itis 

### not using the Board'srule. Pre-Filed Testimony ofDavid J. Kolaz onBehalfofthe Illinois Environmental Regulatory Group, R09-19, 4-5 (III.Pol.Control.Bd. Apr. 14, 2009). IERG's suggestion to codifychanges to theBoard's rule toreflect the U.S. EPA clarifications would simply formalize thepractice the Agency is currently following. Since the time oftheBoardhearing inthis matter, the U.S. EPA has promulgated a new nitrogen dioxide standard while retaining thecurrent annual standard. 75 Fed. Reg. 6474 (Feb. 9, 2010). IERG anticipates that at some pointthe Agency will propose adoption ofthe federal standard and this mattercanbe addressed atthattime. GiventheAgency's currentpractice, it is fair to saythat it is implementingthe federal NAAQS in full in areas where the staterule is silent

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orunclear. IERG suggests thatthis rulemaking be

### used to clarify the state'srule for the annual standard as itproposed in its previous comments. VII. CARBONMONOXIDE (SECTION243.123) 

### !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 inparts per million andparenthetically in milligrams per cubic meter. 50

### Fed. Reg. 37501 

### (Sept. 13, 1985). 

### This is the reverse ofthe way itis 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 arunning 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 ofthe U.S. EPA rule be incorporated. Lastly, !ERGbelieves 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 ofthe 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 clearerunderstanding ofthe State's air quality standards and properly reflect the original intent ofthe state standards, which is to 

### be substantively the same as the federal standards. IERG believes the standards will thenmore accurately reflectthe methods and techniques that the Agency uses to interpretthe standards, with two exceptions. Unlike its currentpractice ofinterpreting 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 usedbythe U.S. EPA. Although the U.S. EPA has revoked its sulfur dioxide standards in favor ofa new !-hour standard, there is still value to clarifyingthis standard

as long as it is a staterule. IERG offersthese comments to facilitate achieving the intentofthe proposed rulemaking -toprovide conformity between Illinois' and the U.S. EPA's standards- as stated by theBoard at the time the State'sstandards were initially adopted. !ERG appreciates the opportunityto comment. We will bepleasedto answerany 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 ofltsAttorneys Katherine D. Hodge MonicaT. Rios HODGE DWYER

### & DRIVER 3150 Roland Avenue Post Office Box 5776 Springfield, Illinois 62705 (217) 523-4900