ILLINOIS POLLUTION CONTROL
BOARD
July 26, 1983
IN THE MATTER OF:
AMENDMENTS TO CHAPTER
2:
AIR POLLUTION;
)
R82-12
PART III:
AIR QUALITY STANDARDS;
RULE 313
(lead)
)
Adopted Rule.
Final Order.
OPINION AND ORDER OF THE BOARD
(by J.D. Dumelle):
On June 10, 1982 the Board adopted an Opinion and Order pro-
posing new Rule 313 of Chapter
2:
Air pollution, which would
establish an ambient air quality standard for lead and its
compounds
as well
as an acceptable measurement method for deter-
mining conformance with that standard.
On December 27,
1982 the
Illinois Environmental Protection Agency (Agency)
filed a motion
to amend the proposed rule, and on February 24,
1983 the Board
adopted a Proposed Rule/First Notice Order which modified the
proposed rule in conformance with an Agency~smotion to allow any
alternative measurement methods to be used so long as that method
had been approved by the United States Environmental Protection
Agency (USEPA) pursuant to procedures referenced in 43 Fed.
Reg.
46258 as amended.
No public comments were received during the
first notice period.
On May 19,
1983 the Board adopted a
Proposed Rule/Second Notice Order proposing the rule in the same
form as
it appeared in the First Notice Order except that the
citation to the Federal Register was changed to the Code of
Federal Regulation’s citation of 40 CFR 50, Appendix G (1982)
for
ease of reference.
On July 12,
1983 the Joint Committee on
Adminstrative Rules certified that
it
has no objection to the
proposed rule.
The 1970 Clean Air Act Amendments required the Administrator
of the USEPA to promulgate National Ambient Air Quality Standards
(NAAQS)
for five criteria pollutants
(TSP, SO
,
NO
,
0
and CO)
under Section 108 of that Act.
These standards we~ep~omulgated
under Section 109 of that Act in 1971 and were set at levels
necessary to protect the public health and welfare.
In 1976 the court in NRDC,
Inc., et al.
v.
Train,
411
F.
Supp.
864 (S.D.N.Y.,
1976) aff’d 545 F.
2d 320
(2d Cir.
1976)
ordered USEPA to list lead as a criteria pollutant and to develop
an ambient air quality standard.
USEPA so listed lead on March
31,
1976, proposed an ambient air quality standard on December
14, 1977
(42 Fed,
~.
63092) and published the final rule on
October 5,
1978
(43 Fed.
~.
46258).
The Federal reference
method for collecting and measuring lead and its compounds in
the
ambient air was also published
in appendix G of that
53-125
—2—
promulgation, as were final rules
for the development of state
implementation plans under 40 CFR 51.
Appendix G was amended on
June 29,
1979
(44 Fed.
Reg.
37915).
The Board has existing rules
in conformity with federal
regulations which set standards and measurement methods for each
of the original
five criteria pollutants
(Rules 307—312 of
Chapter
2:
Air Pollution).
However, despite the passage of over
three
years since the federal lead regulations have been in
effect, no one proposed similar regulations before the Board
concerning
lead.
Therefore,
the Board has proposed this regulation
on its own motion.
Lead is a stable compound, ubiquitously distributed, which
persists and accumulates both in the environment and the human
body.
Lead is emitted :into the atmosphere by vehicles burning
leaded fuel and by certain stat:Lonary sources.
It enters the body
through
ingestion
and
inhalation
with
consequent
absorbtion
into
the
bloodstream
and
distribution
to
all
body
tissues.
Three body systems appear to be most sensitive to the effects
of lead
—
the he:natopoietic system, the nervous system, and the
renal
system.
It has also been shown to affect normal functioning
of the reproductive, endocrine,
hepatic, cardiovascular, immuno-
logic, and gastrointestinal systems.
Clearly, high air lead concentrations can cause significant
health risks.
In developing
its proposed standards USEPA
determined that the maximum safe blood level
(geometric mean)
for
young children was
15 ug Pb/dl
(deciliter),
This was based on
blood lead level thresholds for various biologic effects ranging
from the risk of permanent,
severe neurological damage or death
at levels over 80 ug Pb/dl
in children to enzyme system inhibition
at levels as low as
:L0 ug Pb/di.
Since children appear to be at
greatest risk, that group was used to estab:Lish safe levels.
12 ug
Pb/d.
of the
15 ug Ph/dl
safe level was found to be
attributable to nonair sources.
The
3 ug Pb/dl difference was,
therefore, estimated to be the allowable safe contribution to
mean population blood level from lead in the air.
Since epidemi-
ological data~indicatesa general relationship of 1:2 between air
lead
(ug Pb/m~
and blood lead
(ug Pb/dl), USEPA d~termined
that the air standard should be set at 1.5 ug
Pb/rn
3The Board proposes to adopt the federal standards of 1.5 ug
Pb/rn
as well as the federal reference methods.
In so doing the
Board will have treated lead consistently with the other criteria
pollutants:
all will
be subject to enforceable Sta?e standards
and may be enforced through the Board and the State courts.
53-126
—3—
While the Agency has determined that the only non-attainment
area in the State for lead is the Granite City area (see Ill.
sIP, Volume
9:
Lead,
pp.
2—3), the potential
for violation of
the proposed standard is sufficient to justify a State standard
to protect the health and welfare of the People of the State.
Further,
such a rulemaking may be required for approval of the
Illinois State Implementation Plan.
Although the Agency has apparently taken the position that
the reduction of lead in mobile sources under the Federal Motor
Vehicle Control Program and the federal
lead-in-gasoline phase-
down regulations along with particulate standards will allow the
State to demonstrate attainment of NAAQS, that position may not
be an accurate one, especially in light of possible amendments
to
the Clean Air Act.
Promulgation and enforcement of a State
standard should aid in attainment of the NAAQS.
In ~ny case,
despite taking that position, the Agency has not opposed adoption
of this rule and has,
in
fact,
submitted information in support
of its adoption.
This Opinion and Order is the final Opinion and Order in
this matter and replaces all previous Opinions and Orders.
ORDER
The Board hereby adopts the following new rule.
Rule 313:
Lead.
(a)
Standard.
The ambient air quality standards for lead
and its compounds are 1.5 micrograms per cubic meter,
maximum arithmetic mean averaged over
a calendar quarter.
(b)
Measurement Method.
For determining conformance with
the ambient air quality standards for lead and its
compounds,
lead and its compounds shall be measured by
the atomic absorbtion spectrornetry or equivalent method
as described in 40 CFR 50, Appendix G(1982).
I, Christan L. Moffett,
Clerk of the Illinois Pollution
Control Board,,~erebycertify that the above Order was adopted on
the
C,
day of
~
~
,
1983 by a
voteof
~p
.
7
~
I. 9//4~~
Christan L. Moffett,
Clergy
Illinois Pollution Control Board
53-127