BEFORE THE ILLINOIS POLLUTION CONTROLBOARIR E C E ~V E D
CLERK’S OFFJCE
JUN
032005
IN THE MATTER OF:
)
)
STATE OF ILLINOIS
PROPOSED AMENDMENTS TO
)
R 05-19
Pollution Control Board
EXEMPTIONS FROM STATE
)
(Rulemaking
-
Airy
PERMITTING REQUIREMENTS
)
(35
ILL. ADM. CODE 201.146)
)
-
NOTICE
TO:
Dorothy Gunn, Clerk
Amy Antoniolli, Hearing Officer
Illinois Pollution Control Board
Illinois Pollution Control Board
James R. Thompson Center
James R. Thompson Center
100 W. Randolph Street, Suite 11-500
100 W. Randolph Street, Suite 11-500
Chicago, Illinois 60601
Chicago, Illinois 60601
SEE
ATTACHED SERVICE LIST
PLEASE TAKE NOTICE that I have filed with the Office ofthe Pollution
Control Board the ANSWERS TO OUESTIONS RAISED AT THE APRIL
12, 2005 HEARING
CONCERNING THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY’S AND THE
ILLINOIS ENVIRONMENTALREGULATORY GROUP’S PROPOSED
AMENDMENTS
TO
35
ILL. ADM. CODE 201.146 on behalfofthe Illinois Environmental Protection Agency, a
copy ofwhich is herewith served upon you.
Date:
June 1, 2005
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
By:_________________________
Charles E. Matoesian
Assistant Counsel
Division of Legal Counsel
1021
North Grand Avenue East
P.O.
Box
19276
Spring field, IL 62794-9276
THIS FILING IS SUBMITTED ON
217/782-5544
RECYCLED PAPER
RECE
WED
CLERK’S OFFICE
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
JUN
032005
IN THE MATTER OF:
)
STATE OF ILLINOIS
Pollution Control Board
PROPOSED AMENDMENTS TO
)
R05-19
EXEMPTIONS FROM STATE
)
(Rulemaking
-
Air)
PERMITTING REQUIREMENTS
)
(35
ILL. ADM. CODE 201.146)
)
-
ANSWERS
TO QUESTIONS
RAISED
AT THE
APRIL12,
2005
HEARING CONCERNING
THE ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY’S
AND
THE ILLINOIS ENVIRONMENTAL REGULATORY
GROUP’S PROPOSED AMENDMENTS TO 35 ILL. ADM. CODE 201.146
1.
Onpage 41 ofthe transcript,
the question was asked whether there are minor sources
which have never been inspected.
The Illinois EPA objects to this request based on relevance.
This rulemaking does not
pertain to, orrevise, the Illinois EPA compliance system.
Rather, it merely allows
additional exemptions to permitted sources.
35 Ill. Admin. Code
§
201.146 recognizes
that there are certain categories ofemission units that do not require state construction or
operating permits.
This rulemaking merely adds four additional
exemptions to 201.146.
However, without waiving said objection some minor sources have not been inspected.
2.
On. Page 57 ofthe transcript,
the question was asked whether any ofthese sources
which might partake ofan
exemption a source of
mercury?
Sources with Lifetime State Operating permits do not have measurable mercury
emissions.
Forpurposes ofthe CleanAir Act Permit Program established under Section
39.5
ofthe Illinois Environmental Protection Act, no source has been identified to be a
major source ofmercury in the State ofIllinois.
3.
Onpage
58 ofthe transcript, theAgency was asked to update thefiguresfor the
Summary ofPermitting Actionsfiled as Exhibit
1 ofMs. Hodge’sprefiled testimony.
These numbers are:
Summary of Permitting Actions
by Illinois Environmental Protection
Agency, Bureau of Air
(2003 and 2004)
2003
Type
Operating
~
Permits
Total construction
Permits
Construction
Increase
Permitfor
1.0 Ton
FESOP
527
51
41
State
5,588
327
219
Title V
745
396
261
2004
Type
Operating Permits
Total Construction
Permits
Construction Permitfor
Increase
1.0
Ton
FESOP
574
58
46
State
5,620
369
-
247
Title V
725
356
235
4.
Onpage 82 ofthe transcript, the question was asked what the deadline isfor the
Illinois EPA to propose to
USEPA, State Implementation plans for the 8-hour ozone
National AmbientAir Quality Standard (NAAQS) and the PM 2.5 NAAQS?
The Illinois EPA objects to this request based on relevance.
However, without waiving
said objection regarding the 8-hour ozone National Ambient Air Quality Standard
(NAAQS), USEPA established air quality designations
and classifications in a Federal•
Register dated April 30, 2004 (69 FR 84, p.
23858).
In this rulemaking USEPA
promulgated attainment/nonattainment designations for all areas ofthe country.
The
effective date ofthe designations was June
15,
2004. The Clean Air Act requires that
states submit State Implementation Plans (SIPs)
that provide for attainment within 3
years ofthe designation ofan area as nonattainment. Illinois SIP is therefore due
3 years
after the effective date ofthe designations,
or June 15, 2007.
The Illinois EPA objects to this request based on relevance.
However, without waiving
said objection regarding thePM2.5 NAAQS, USEPA established air quality designations
in
a Federal Register dated January
5,
2005(70 FR 3, p. 944).
The effective date ofthe
designations was April
15, 2005. The Clean Air Act requires that states submit State
Implementation Plans (SIPs) that provide for attainment within 3 years ofthe designation
ofan area as nonattainment. Illinois SIP
is therefore due 3 years after the effective date of
the designations, or April
15,
2008.
5.
Onpage 111 ofthe transcrz~t,
the question was asked what are the number ofsources.
which pay the minimum operatingpermit sitefee of$200?
The Illinois EPA objects to this request based on relevance.
However, without waiving
said objection, the number ofpermitted sources that pay the minimum operating permit
site fee ($200) is
4,958.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
2
Charles E. Matoesian
‘~
DATED:____________
1021
North Grand Avenue East
P.O.Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
3
STATE
OF
ILLINOIS
)
)SS.
COUNTY
OF
SANGAMON
)
PROOF OF SERVICE
I, the undersigned, on oath state that I have served the attached Answers to Questions
Raised at the April
12, 2005
Hearing Concerning the Illinois Environmental Protection Agency’s
and the Illinois Environmental Regulatory Group’s Proposed Amendments to
35 Ill. Adm.
Code
201.146 upon the person to whom it is directed, by placing it in an envelope addressed to:
TO:
Dorothy Gunn, Clerk
Amy Antoniolli, Hearing Officer
Illinois Pollution Control Board
Illinois Pollution Control Board
James R.
Thompson Center
James R. Thompson Center
100 W. Randolph Street, Suite 11-500
100 W. Randolph Street, Suite 11-500
Chicago, Illinois 60601
Chicago, Illinois
60601
SEE ATTACHED SERVICE LIST
and mailing it by First Class Mail from Springfield, Illinois on June 1, 2005, with sufficient
postage affixed.
SUBSCRIBED AND SWORN TO BEFORE ME
this
1st
day ofJune, 2005
BRENDA
BOEHNER
:~
NOTARY
PUBLIC,
STATE
OF
ILLINOIS ~
~
~
4•2005?
Notary Pu
lic
THIS FILING IS SUBMITTED
ON RECYCLED PAPER
SERVICE LIST R
05-19
Matthew Dunn
Office ofthe Attorney General
188 West Randolph, 20t1~Floor
Chicago, Illinois 60601
RoseMarie Cazeau, Chief
Environmental Bureau
Office ofthe Attorney General
188 West Randolph,
20th
Floor
Chicago, Illinois 60601
Robert Messina
Illinois Environmental Regulatory Group
3150 Roland Avenue
Springfield, Illinois 62703
N Ladonna Driver
Illinois Environmental Regulatory Group
3150 Roland Avenue
Springfield, Illinois 62703
Jeanne Heaton
Illinois Environmental Regulatory Group
3150 Roland Avenue
Springfield, Illinois 62703
Heidi Hanson
H.E. Hanson, Esq. P.C.
4721 Franklin Avenue, Suite
1500
Western Springs, Illinois 60558-17200
A.D Volz
OSF
Health Care System
800 N. E.
Glen Oak Ave
Peoria, Illinois
61603-3200
Christopher Newcomb
Kanogonis, White & Mogel, Ltd
414 N Orleans, Suite 810
Chicago, Illinois
60610
Howard
Chinn,
ChiefEngineer
Environmental Bureau
Illinois Attorney General Office
188 West Randolph,
20th
Floor
Chicago, Illinois 60601
Rodney Harper
Rush Oak Park Hospital
520 5
Maple Avenue
Oak Park, Illinois 60304
Patricia Sharkey
Mayor, Brown Rowe & Maw
190
5 Lasalle Street
Chciago, Illinois 60603
Michael Severns
Bodine Environmental Services, Inc
5350 E Firehouse Road
Decatur, Illinois 62521
Bruce Niles
Sierra Club
214 N Henry, Suite 203
Madison, WI 53-703
Gardner Carton & Douglas
Roy Harsch
191 Wacker Drive, Suite 3700
Chicago, Illinois 60606
Gardner Carton & Douglas
Steven Murawski
191
Wacker Drive, Suite 3700
Chicago, Illinois 60606
