TITLE 35: ENVIRONMENTAL PROTECTION

TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
1. CHAPTER I: POLLUTION CONTROL BOARD
2. SUBCHAPTER f: TOXIC AIR CONTAMINANTS

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE B: AIR POLLUTION

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER f: TOXIC AIR CONTAMINANTS

PART 232

TOXIC AIR CONTAMINANTS

SUBPART A: GENERAL PROVISIONS

Section

232.100 Introduction

232.110

Incorporations by Reference

232.120 Definitions

232.130 Applicability

SUBPART B: DETERMINATION OF A TOXIC AIR CONTAMINANT

Section

232.200

Characteristics for Determining a Toxic Air Contaminant

SUBPART C: PROCEDURES FOR EVALUATING CHARACTERISTICS OF A

TOXIC AIR CONTAMINANT

Section

232.300 Purpose

232.310

Procedures for Determining the Toxicity Score

232.320 Carcinogen Classification

SUBPART D: SOURCE IDENTIFICATION AND REPORTING

REQUIREMENTS

Section

232.400 Purpose

232.410 Applicability

232.420

ITAC Source Report

232.421

Emissions Report Certification

232.423

Failure to Receive an ITAC Source Report

232.430 Emissions Report

232.440

Use of Available Data

232.450

Retention of Records/Additional Information

232.460

Reporting of Errors

SUBPART E: LISTING AND DELISTING

Section

232.500

Procedures for Listing and Delisting Toxic Air Contaminants

232.501

Listing of Federal Hazardous Air Pollutants, Great Lakes Commission

Toxic Compounds and Great Waters Program Toxic Compounds

APPENDIX A:

List of Toxic Air Contaminants

APPENDIX B:

Additional Procedures for Calculating the Chronic Toxicity Score

APPENDIX C:

Carcinogens (Categories A, B1, and B2) listed on the Integrated

Risk Information System (IRIS) as of December 31, 1989 (United

States Environmental Protection Agency, Office of Health and

Environmental Assessment)

AUTHORITY: Implementing Section 9.5 and authorized by Section 27 of the

Environmental Protection Act [415 ILCS 5/9.5 and 27].

SOURCE: Adopted in R90-1 at 16 Ill. Reg. 16592, effective October 18, 1992; amended

in R96-4 at 21 Ill. Reg. 6237, effective May 12, 1997.

SUBPART A: GENERAL PROVISIONS

Section 232.100 Introduction

This Part establishes a program to identify toxic air contaminants. This Part includes a

list of toxic air contaminants (Section 232.Appendix A), the procedures to determine a

toxic air contaminant and the procedures to amend the list.

Section 232.110 Incorporations by Reference

a) The following materials are incorporated by reference:

American Conference of Governmental Industrial Hygienists (ACGIH).

Threshold Limit Values and Biological Exposure Indices for 1989-90

(1989). Document can be obtained from: 6500 Glenway Avenue, Building

D-7, Cincinnati, Ohio 45211-4438.

Good Laboratory Practice Standards, 21 CFR 58 (1990).

Good Laboratory Practice Standards, 40 CFR 160 (1989).

Good Laboratory Practice Standards, 40 CFR 792 (1990).

Organization for Economic Co-operation and Development (OECD).

OECD Guidelines For Testing of Chemicals, Appendix: Good Laboratory

Practice [c(81)30(Final)] (November, 1989). Document can be obtained

from: OECD Publications and Information Centre, 2001 L Street, N.W.,

Suite 700, Washington, D.C. 20036-4095.

United States Department of Health and Human Services, Public Health

Service, National Toxicological Program (NTP). Fifth Annual Report on

Carcinogens (1989). Document can be obtained from: National Technical

Information Service, 5285 Port Royal Road, Springfield, Virginia 22161.

World Health Organization, International Agency for Research on Cancer

(IARC). Monographs on the Evaluation of Carcinogenic Risks to

Humans, Overall Evaluations of Carcinogenicity: An Updating of IARC

Monographs Volumes 1 to 42, Supplement 7 (1987). Document can be

obtained from: WHO Publications Centre USA, 49 Sheridan Avenue,

Albany, New York 12210.

b) This Section incorporates no future editions or amendments.

Section 232.120 Definitions

The definitions of 35 Ill. Adm. Code 201 and 211 apply to this Part, as well as the

definitions contained in this Section. Where a definition contained in this Section is

more specific than those found in 35 Ill. Adm. Code 201 and 211, it must take precedence

in application of this Part.

"ACGIH" means the American Conference of Governmental Industrial

Hygienists.

"Adverse health effect" means a health injury or disease that may be

produced by exposure to a contaminant. This includes any decrement in

the function of an organ or organ system or any subclinical organ lesion

that is likely to lead to a decrement in an organ or organ system function.

"Commercial fuel" means:

Any fuel offered for final sale for use in combustion processes;

Any gaseous or liquid fuel generated as a by-product at a source for which the

source has been issued an operating permit to use such fuel internally in

combustion processes, including internal combustion engines; or

Any waste derived fuel for which an operating permit has been issued and which

represents no more than five percent (.05) by weight on a daily basis of total fuel

used in combustion processes by a source.

"Critical gestation days" means the days during which the formation and

differentiation of organs and organ systems occurs during embryonic

development.

“Fugitive emissions” is defined according to 35 Ill. Adm. Code 203.124.

"IARC" means the World Health Organization's International Agency for

Research on Cancer.

"IRIS" means the USEPA's Integrated Risk Information System.

"Illinois Toxic Air Contaminant" (ITAC) means any toxic air contaminant

listed pursuant to 35 Ill. Adm. Code 232, excluding, specifically: coke

oven gas; any hazardous air pollutant (HAP) now or hereafter listed under

Section 112(b) of the Clean Air Act (CAA) (1990); and any pollutant or

contaminant listed as a compound of concern under the Great Waters and

Coastal Waters Program under Section 112(m) of the CAA.

"ITAC Source Report" means the report that the Agency provides to the

source that lists data fields for the information required in the emissions

report for Subpart D of this Part, and contains the information, if any, that

previously has been reported to the Agency for those data fields.

"LC50" means the concentration in the air of a contaminant that kills, or is

estimated to kill, 50% (.50) of a population of laboratory animals where

the exposure is brief (8 hours or less) and where the route of exposure is

inhalation.

"LD50" means the dose of a contaminant that kills, or is estimated to kill,

50% (.50) of a population of laboratory animals where the route of

exposure is ingestion.

"Lowest observed adverse effect level" means the lowest experimentally

determined dose at which a statistically or biologically significant

indication of the toxic effect of concern is observed.

"Manufacture" means, for the purposes of Subpart D of this Part, to

produce, prepare, or compound a listed ITAC, and includes coincidental

production of an ITAC (e.g., as a by-product or impurity) as a result of the

manufacture, processing or otherwise use or treatment of one or more

chemical substances not an ITAC. An ITAC intentionally incorporated

into a product is considered to be manufactured.

"NTP" means the United States Department of Health and Human

Services, Public Health Services' National Toxicological Program.

"No observed effect" means the condition where no adverse health effect

has been detected.

"Otherwise use" means, for the purposes of Subpart D of this Part, any

activity involving a listed ITAC at a source that does not fall within the

definition of "manufacture" or "process."

"Process" means, for the purposes of Subpart D of this Part, the

preparation of an ITAC after its manufacture for distribution in commerce

in the same physical state as, or in a different form or physical state from,

that in which it was received by the source, or preparation that produces a

change in physical state or chemical form.

"Toxic air contaminant" (TAC) means a contaminant identified pursuant

to Section 232.200 or Section 232.501 of this Part and listed in Appendix

A of this Part.

(Source: Amended at 21 Ill. Reg. 6237, effective May 12, 1997.)

Section 232.130 Applicability

The requirements of this Part do not apply to the following:

a) RETAIL DRY CLEANING OPERATIONS;

b) RETAIL AND NONCOMMERCIAL STORAGE AND HANDLING OF

MOTOR FUELS;

c) COMBUSTION PROCESSES USING ONLY COMMERCIAL FUEL,

INCLUDING INTERNAL COMBUSTION ENGINES; AND

d) INCIDENTAL OR MINOR SOURCES INCLUDING LABORATORY-

SCALE OPERATIONS, AND SUCH OTHER SOURCES OR

CATEGORIES OF SOURCES WHICH ARE DETERMINED BY THE

BOARD TO BE OF MINOR SIGNIFICANCE. (Section 9.5(e) of the

Act)

SUBPART B: DETERMINATION OF A TOXIC AIR CONTAMINANT

Section 232.200 Characteristics for Determining a Toxic Air Contaminant

a) Contaminants found by the Board to be Toxic Air Contaminants pursuant

to subsections (b) or (c), below, shall be listed in Section 232.Appendix A.

b) A TOXIC AIR CONTAMINANT IS A CONTAMINANT WHICH the

Board finds MAY CAUSE OR SIGNIFICANTLY CONTRIBUTE TO

AN INCREASE IN MORTALITY OR AN INCREASE IN SERIOUS

IRREVERSIBLE OR INCAPACITATING REVERSIBLE ILLNESS, OR

MAY POSE A SIGNIFICANT THREAT TO HUMAN HEALTH.

(Section 9.5(c) of the Act)

c) The Board shall find that a contaminant is a Toxic Air Contaminant upon

a determination that:

1) The contaminant has a Toxicity Score of 3 or greater using the

procedures for determining the Toxicity Score described in Section

232.310; or

2) The contaminant is classified as a carcinogen according to Section

232.320; and

3) The contaminant meets the statutory definition set forth in

subsection (b), above.

d) Any person can petition the Board to list or delist a toxic air contaminant

pursuant to the requirements of Section 232.500. The Board will consider

such a petition a proposal for rulemaking subject to the requirements of 35

Ill. Adm. Code 102.

SUBPART C: PROCEDURES FOR EVALUATING CHARACTERISTICS OF A

TOXIC AIR CONTAMINANT

Section 232.300 Purpose

This Subpart identifies the procedures used to evaluate the characteristics of a toxic air

contaminant. The Agency will use these procedures in proposing to list or delist toxic air

contaminants in Section 232.Appendix A.

Section 232.310 Procedures for Determining the Toxicity Score

The Toxicity Score is the sum of the Acute Lethality Score and the Chronic Toxicity

Score. The Acute Lethality Score is a number which indicates a contaminant's potential

to cause death. The Chronic Toxicity Score is a number which indicates a contaminant's

potential to cause adverse health effects after chronic exposure.

a) Procedure for Determining the Acute Lethality Score

1) The Acute Lethality Score is derived from toxicological studies

using laboratory rats. One of two routes of exposure is used:

inhalation or ingestion. Values derived from inhalation are used in

preference to values derived from ingestion.

2) The Acute Lethality Score is derived from the following table:

Inhalation Concentration

(LC50)

Acute Lethality Score

Less than: 500 mg/cu. m

500-4,999 mg/cu. m

5,000-50,000 mg/cu. m

Greater than: 50,000 mg/cu. m

or, if the above data are not available:

Ingestion Dose (LD50)

Acute Lethality Score

Less than: 50 mg/kg

50-499 mg/kg

500-5,000 mg/kg

Greater than: 5,000 mg/kg

b) Procedure for Determining the Chronic Toxicity Score

The Chronic Toxicity Score is the product of the Lowest Toxic Dose

Score and the Severity of Effects Score.

1) Procedure for Determining the Lowest Toxic Dose Score

The Lowest Toxic Dose Score is a number based upon the lowest

does of a contaminant that causes an observable adverse health

effect.

The Lowest Toxic Dose Score is derived from the following table:

Dose

Lowest Toxic Dose Score

Less than: 5 mg/kg/day

5-50 mg/kg/day

2/3

Greater than: 50 mg/kg/day

1/3

2) Procedure for Determining the Severity of Effects Score

The Severity of Effects Score is a number based upon the category

of organ(s) affected and the level of effect upon the organ(s).

A) Organ Categories

There are three categories of organs or organ systems

which are identified as follows:

i) Category I includes: organs, the impairment or loss

of which is fatal or usually cannot be compensated

for by the body; gonads, the loss of which prevents

the transmission of genetic material; and, adverse

reproductive outcome including stillbirth,

miscarriage, or reduced litter size (animal studies).

The Category I organs are: Lungs, Heart, Brain,

Spinal Cord, Kidneys, Liver, Bone Marrow, and

Gonads.

ii) Category II includes: organs, the impairment or loss

of which may be fatal, but which can be

compensated for by drug or replacement therapy;

adverse effect on an immune function which may be

life threatening; changes in the composition or

function of blood constituents which may be life

threatening; and, certain fetotoxic effects including

premature birth, reduced birth weight, and reduced

morphometric parameters. The Category II organs

are: Adrenals, Thyroids, Parathyroids, Pituitary,

Pancreas, Esophagus, Stomach, Small Intestine,

Large Intestine, Lymph Nodes, Thymus, Trachea.

iii) Category III includes: organs, the impairment or

loss of which is not life threatening but may result

in functional or emotional handicaps; adverse effect

on an immune function which is not life

threatening; changes in composition or function of

blood which are not life threatening but may result

in functional handicaps. Category III organs

include, but are not limited to: Oviducts,

Epididymides, Uterus, Prostrate, Seminal Vesicles,

Ductus Deferens, Penis, Vagina, Eyes, Bone, Nose,

Peripheral Nerves, Muscles, Urinary Bladder,

Blood Vessels, Ears, Gallbladder, Larynx,

Mammary Glands, Salivary Glands, Skin, Spleen,

Tongue, Teeth, Ureter, Urethra, Pharynx.

B) Levels of Effect

There are four levels of effect: Serious Irreversible (SI);

Serious Reversible (SR); Non-serious Irreversible ("NI");

and Non-serious Reversible (NR).

i) A serious effect is an incapacitating condition or a

condition which significantly contributes to an

increase in mortality.

ii) A non-serious effect is a non-incapacitating

condition or a condition which is unlikely to

contribute to an increase in mortality.

iii) An irreversible effect is one that is permanent or

would require medical treatment to correct.

iv) A reversible effect is a temporary effect.

C) Table of Severity of Effects Scores

The Severity of Effects Score for any level of effect

observed in an organ belonging to a specified organ

category is derived from the following table:

D) When a study identifies an adverse health effect on

multiple organs within the same category at the lowest

observed adverse effect level, the Severity of Effects Score

is increased by a value of 1. In no event can the Severity of

Effects Score be greater than 6.

3) Additional procedures for calculating the Chronic Toxicity Score

are described in Section 232.Appendix B.

Section 232.320 Carcinogen Classification

a) For purposes of this Part, the Agency will consider a contaminant to be a

carcinogen if it is classified in the following manner:

1) A Category A1 or A2 Carcinogen by AGCIH; or

2) A Category 1 or 2A/2B Carcinogen by IARC; or

3) A "Human Carcinogen" or "Anticipated Human Carcinogen" by

NTP; or

4) A Category A or B1/B2 Carcinogen by the United States

Environmental Protection Agency (USEPA) in IRIS or a Final

Rule issued in a Federal Register notice by the USEPA as of the

effective date of this regulation.

b) The references ACGIH, IARC, and NTP are incorporated by reference in

Section 232.110. The reference IRIS is the United States Environmental

Protection Agency, Office of Health and Environmental Assesment,

Integrated Risk Information System. The categories A, B1, and B2

carcinogens of IRIS as of December 31, 1989, are listed in Section

232.Appendix C.

SUBPART D: SOURCE IDENTIFICATION AND REPORTING

REQUIREMENTS

Section 232.400 Purpose

This Subpart establishes identification and reporting requirements for new and existing

sources that emit Illinois Toxic Air Contaminants.

(Source: Added at 21 Ill. Reg. 6237, effective May 12, 1997.)

Section 232.410 Applicability

a) This Subpart shall apply to any owner or operator of a source that

manufactures, processes or imports 25,000 lbs. or more of any individual

ITAC in any calendar year or otherwise uses 10,000 lbs. of any individual

ITAC in any calendar year.

b) This Subpart shall not apply to the following:

1) Retail dry cleaning operations;

2) Retail and noncommercial storage and handling of motor fuels;

3) Combustion processes, including internal combustion engines,

using only commercial fuel;

4) Equipment and operations which are exempt from permitting

requirements pursuant to 35 Ill. Adm. Code 201.146;

5) Components of commercial and non-commercial agrichemical

facility operations that are permitted under 8 Ill. Adm. Code 255

by the Department of Agriculture and endorsed by the Illinois

Environmental Protection Agency pursuant to Section 39.4 of the

Act; [415 ILCS 5/39.4.]

6) Farm storage or application of agricultural chemicals and

distribution facilities not covered by 8 Ill. Adm. Code 255 that are

used for storage or distribution of agrichemicals; and

7) The requirements of this Subpart shall not apply to the application

of registered pesticides.

c) If an ITAC is present in a mixture of chemicals at a source at a

concentration below 1% (0.01) by weight, or .1% (0.001) by weight in the

case of an ITAC which is a carcinogen listed in Appendix C of this Part,

an owner or operator subject to this Subpart is not required to consider the

quantity of the ITAC in such mixture when determining whether an

applicable threshold has been met under subsection (a) of this Section or

in determining the amount of emissions to be reported under Section

232.430 of this Part.

(Source: Added at 21 Ill. Reg. 6237, effective May 12, 1997.)

Section 232.420 ITAC Source Report

a) On or before July 1, 1997, the Agency shall provide to the owner or

operator of a source that is expected to be subject to this Subpart the ITAC

Source Report. The ITAC Source Report shall contain all data fields for

the information required under this Subpart.

b) The information on emissions provided by the owner or operator of a

source in the emissions report submitted pursuant to Section 232.430 of

this Part

shall be based on the best information available to the owner or

operator and that is reflective of the operations of the source and its ITAC

emissions.

(Source: Added at 21 Ill. Reg. 6237, effective May 12, 1997.)

Section 232.421 Emissions Report Certification

All emission reports filed pursuant to this Subpart shall contain the following

certification statement: "I hereby certify that I have reviewed the attached documents and

that, to the best of my knowledge and belief, the submitted information is true and

complete and that the amounts and values in this report are accurate based on reasonable

estimates using data available to the preparers of this report." The certification statement

shall be signed by an individual responsible for the certification of the accuracy of the

emissions report who will take legal responsibility for the information verified or

reported therein. The certification statement shall be accompanied by the full name, title,

actual signature, date of signature, and a telephone number of the individual signing the

emissions report.

(Source: Added at 21 Ill. Reg. 6237 effective May 12, 1997.)

Section 232.423 Failure to Receive an ITAC Source Report

Failure to receive the ITAC Source Report from the Agency shall not relieve an owner or

operator from the obligation to file a complete emissions report. Any owner or operator

who does not receive the ITAC Source Report on or before July 1, 1997, may contact the

Agency to request the ITAC Source Report.

(Source: Added at 21 Ill. Reg. 6237, effective May 12, 1997.)

Section 232.430 Emissions Report

a) On or before October 1, 1997, the owner or operator of a source subject to

this Subpart shall file an emissions report for the calendar year 1996

which shall include the following information:

1) Source identification information and the source's actual annual

emissions of each ITAC (identified by generic name and Chemical

Abstract Service (CAS) number) expressed in tons per year (TPY),

and the source's annual fugitive emissions of each ITAC,

expressed in TPY, for each ITAC that exceeds the threshold for

applicability as set forth in Section 232.410 of this Part. In

determining the actual annual emissions of each ITAC, the source

may exclude emissions of such ITAC from all emission units with

de minimis emissions of ITACs; or

2) If the owner or operator of a source subject to this Subpart so

elects, the owner or operator may choose to submit the relevant

portions of the USEPA's Emergency Planning and Community

Right to Know Act (EPCRA) Form R in lieu of the report required

under subsection (a)(1) of this Section. If the owner or operator so

elects, the reporting of emissions under Form R may be reported in

pounds per year rather than in tons per year (TPY) as required in

subsection (a)(1) of this Section.

b) The following emissions of ITACs shall be considered to be de minimis

and shall not be subject to reporting requirements under this Subpart:

1) Emissions of ITACs from an emission unit which, in the aggregate,

are less than one-half (0.5) TPY;

2) Emissions from a process unit resulting from a process vent stream

with ITAC concentrations that are always less than one-tenth of

one percent (0.001) by weight on a daily basis, if such

concentrations include any carcinogen listed in Appendix C of this

Part;

3) Emissions from a process unit resulting from a process vent stream

with ITAC concentrations that are always less than one percent

(0.01) by weight on a daily basis, if such concentrations do not

include any carcinogen listed in Appendix C of this Part; or

4) Fugitive emissions of ITACs from a process unit which, in the

aggregate, are less than one-half (0.5) TPY.

c) If a source becomes subject to this Subpart on or after the effective date of

this Subpart, the owner or operator of the source shall submit an emissions

report to the Agency on or before July 1 of the year following the date the

source becomes subject to this Subpart for the period from the date the

source first becomes subject to this Subpart through the end of the

calendar year before the year the first report from such source is due under

this Subpart. Such emissions report shall contain all of the information

listed in subsections (a)(1) or (a)(2) of this Section and any additional

information requested by the Agency pursuant to Section 232.450 of this

Part. Any such emissions report shall satisfy the requirements Subpart D

of this Part.

d) An owner or operator of a source subject to this Subpart shall submit to

the Agency a revised emissions report on or before July 1 of the year

following the occurrence of any of the following:

1) If the source's actual annual emissions of any individual ITAC or

any combination of ITACs required to be reported under this

Subpart increases by more than one-half (0.50) TPY or one (1)

TPY, respectively, from the sources' emissions of ITACs initially

reported under this Subpart; or

2) If the source emits an ITAC that exceeds the threshold for

applicability as set forth in Section 232.410 of this Part which was

not previously reported in the source's initial report of its emissions

of ITACs or in any subsequent revised report of its emissions of

ITACs required to be submitted pursuant to this subsection (d).

e) Any revised emissions report required to be submitted under subsection

(d) of this Section shall contain all of the information listed in subsection

(a) of this Section and any additional information requested by the Agency

pursuant to Section 232.450 of this Part. Any revised emissions report

shall satisfy the requirements of Subpart D.

f) By July 1 of the calendar year following any modification or change to an

emission unit requiring a revision to an existing permit or a new permit

which may result in an increase in emissions of a previously reported

ITAC by ten percent (.10) or more, an owner or operator of a source

subject to this Subpart shall submit to the Agency a revised emissions

report which includes the information required under this Section 232.430.

(Source: Added at 21 Ill. Reg. 6237, effective May 12, 1997.)

Section 232.440 Use of Available Data

a) In order to provide the information requested by the Agency pursuant to

Section 232.450 of this Part, the owner or operator of a source may:

1) Use reasonable engineering estimates of total emissions of

individual ITACs pursuant to an emissions determination method,

if, in each case, the owner or operator of a source specifies the

emissions determination method used to estimate total emissions

and certifies that such data represents the best available

information and is true and accurate to the best of his/her

knowledge; or

2) If available, use monitoring or measuring data collected pursuant

to other provisions of law or regulation.

b) Nothing in this Subpart requires the monitoring or measurement of the

quantities, concentrations, or frequency of emissions of any ITAC beyond

any monitoring or measurement required under other provisions of law or

regulation.

(Source: Added at 21 Ill. Reg. 6237, effective May 12, 1997.)

Section 232.450 Retention of Records/Additional Information

a) For purposes of modeling and conducting assessments of information

submitted under this Subpart, the Agency may request supporting

documentation or additional information for any emissions report

submitted by a source, including:

1) An identification by generic name and Chemical Abstract Service

(CAS) number the source’s emissions of each ITAC by emission

unit, with maximum hourly emission rates in lbs/hr and actual

annual emissions in TPY and the source's fugitive emissions of

each ITAC in TPY;

2) Operating data, exhaust point information and, if applicable,

control device information for each emission unit; and

3) Copies of engineering estimate calculations, mass balance

calculations, and any other information or documentation used by

the owner or operator of a source in preparing an emissions report.

b) All records and calculations upon which the data submitted in the

emissions report are based must be retained by the source for a minimum

of three (3) years following the filing of a complete report. The owner or

operator of a source shall provide the requested information in a format

acceptable to the Agency within 60 days after the receipt of the request.

c) Nothing in this Section shall be interpreted to impose upon any source

subject to this Subpart any additional monitoring which is not otherwise

required by applicable rules or a permit condition.

(Source: Added at 21 Ill. Reg. 6237, effective May 12, 1997.)

Section 232.460 Reporting of Errors

If, after submitting any emissions report required by this Subpart, the owner or operator

of a source discovers any error in the data reported, the owner or operator shall notify the

Agency of the error in writing and shall provide the Agency with the correct data. The

notification and correction shall be conveyed to the Agency within sixty (60) days after

the owner's or operator's discovery of the error. The corrected data shall be certified in

accordance with Section 232.421 of this Part.

(Source: Added at 21 Ill. Reg. 6237, effective May 12, 1997.)

SUBPART E: LISTING AND DELISTING

Section 232.500 Procedures for Listing and Delisting Toxic Air Contaminants

a) Any person may submit a regulatory proposal to the Board to list or delist

a toxic air contaminant.

b) The proposal to list a contaminant as a toxic air contaminant, or to delist a

toxic air contaminant, must include, at a minimum, the following:

1) The contaminant or toxic air contaminant name and Chemical

Abstract Service Number where applicable;

2) The basis for listing or delisting pursuant to Section 232.200(b) or

(c). This shall include but is not limited to, a showing of one of the

following:

A) The toxicity score or carcinogen classification is correctly

determined pursuant to the Subpart C procedures;

B) The Subpart C procedure for determining a toxicity score

or carcinogen classification is not appropriate for the

contaminant;

C) The Subpart C procedure for determining a toxicity score

or carcinogen classification is incorrectly applied for the

contaminant;

D) The studies used are inadequate for the purposes of the

Subpart C procedure; or

E) Additional or new studies should be considered in a

determination to list or delist a contaminant.

3) A copy of each study or report used to justify the proposal.

c) The Agency shall participate in each proposal to list or delist a toxic air

contaminant and must provide the Board with a recommendation as to

advisability of listing or delisting. Such recommendation must include a

toxicity scoring pursuant to Section 232.300 and a carcinogen

classification pursuant to Section 232.310.

d) The Agency will propose an update of the list of toxic air contaminants to

the Board no less frequently than once every 2 years.

Section 232.501 Listing of Federal Hazardous Air Pollutants, Great Lakes

Commission Toxic Compounds and Great Waters Program

Toxic Compounds

Notwithstanding the provisions of Section 232.500 of this Subpart, all chemicals listed as

"hazardous air pollutants" under Section 112(b) of the CAA (1990) (42 U.S.C. 7412(b)),

and all chemicals targeted as toxic compounds or chemicals by the Great Lakes

Commission or under the United States Environmental Protection Agency's "Great

Waters" Program which are not currently listed as toxic air contaminants under this Part,

are hereby listed as toxic air contaminants under Appendix A of this Part. The listing of

hazardous air pollutants and other toxic compounds or chemicals as toxic air

contaminants under this Section is without reference to the listing procedures of Section

232.500 of this Subpart.

(Source: Added at 21 Ill. Reg. 6237, effective May 12, 1997.)

Section 232.APPENDIX A List of Toxic Air Contaminants

Acetonitrile 75-05-8*

Acetophenone 98-86-2*

2-Acetylaminofluorene 53-96-3*

Acrylonitrile 107-13-1*

Aldrin 309-00-2**

Allyl chloride

107-05-1*

2-Aminoanthraquinone 117-79-3

4-Aminoazobenzene 60-09-3

o-Aminoazotoluene 93-56-3

4-Aminobiphenyl 92-67-1*

1-Amino-2-methylanthraquinone 82-28-0

Amitrole 61-82-5

Aniline 62-53-3*

o-Anisidine 90-04-0*

o-Anisidine hydrochloride

Benzo(a)pyrene 50-32-8**

Benzo(b)fluoranthene [3,4-Benzofluoranthene]

205-99-2**

Benzo(j)fluoranthene 205-82-3

Benzo(k)fluoranthene [11,12-Benzofluoranthene]

207-08-9**

1,12-Benzoperylene 191-24-2

Benzotrichloride 98-07-7*

Bis(chloromethyl)ether 542-88-1*

Boron trifluoride

7637-07-2

Bromoform 75-25-2*

4-Bromophenyl phenyl ether

101-55-3**

1,3-Butadiene

106-99-0*

Butyl benzyl phthalate

85-68-7

beta-Butyrolacetone 3068-88-0

C.I. Basic Red 9 monohydrochloride

Carbosulfan 55285-14-8

Catechol 120-80-9*

Chloramben 133-90-4*

Chlordane 57-74-9††

Chlorinated dibenzodioxins

Chlorinated dibenzofurans

Chlorendic acid

115-28-6

Alpha-Chlorinated toluenes

Chlorinated paraffins [C12, 60% chlorine]

2-Chloroacetophenone 532-27-4*

Chlorobenzene 108-90-7*

Chlorobenzilate 510-15-6*

Chloroform 67-66-3*

Chloromethyl methyl ether

107-30-2*

3,4-Chloro-2-methylpropene 563-47-3

4-Chloro-o-phenylenediamine 95-83-0

p-Chloro-o-toluidine 95-69-2

4-Chlorophenyl phenyl ether

7005-72-3**

Chloroprene 126-99-8*

Coal tar (pitch) volatiles

Cresol (mixed isomers) [Cresols/Cresylic acid (isomers and mixture)]

Cyclohexanone 108-94-1

2,4-Diaminoanisole 615-05-4

2,4-Diaminoanisole sulfate

39156-41-7

4,4'-Diaminodiphenyl ether

101-80-4

2,4-Diaminotoluene 95-80-7*

Diazomethane 334-88-3*

Dibenzo(a,h)acridine 226-36-8

Dibenzo(a,j)acridine 224-42-0

Dibenzo(a,h)anthracene [1,2:5.6-Dibenzanthracene]

53-70-3**

Dibenzo(a,e)pyrene 192-65-4

Dibenzo(a,h)pyrene 189-64-0

Dibenzo(a,i)pyrene 189-55-9

Dibenzo(a,l)pyrene 191-30-0

Dibenzofurans 132-64-9*

Dibutyl phthalate

84-74-2††

1,2-Dibromo-3-chloropropane 96-12-8*

1,2-Dibromoethane [Ethylene dibromide]

106-93-4*

1,4-Dichlorobenzene(p-) 106-46-7*

3,3'-Dichlorobenzidine 91-94-1*

3,3'-Dichlorobenzidine dihydrochloride

612-83-9

Dichloroethyl ether [Bis(2-chloroethyl)ether]

111-44-4*

2,4-Dichlorophenoxyacetic acid [2,4-D,salts and esters]

94-75-7*

1,2-Dichloropropane [Propylene dichloride]

78-87-5*

1,3-Dichloropropylene [1,3-Dichloropropene]

Diepoxybutane 1464-53-5

Diethanolamine 111-42-2*

N,N-Diethyl aniline [N,N-Dimethylaniline]

121-69-7*

1,2-Diethylhydrazine 1615-80-1

Di(2-ethylhexyl) Phthalate [Bis(2-ethylhexyl) phthalate (DEHP)]

117-81-7††

Diethyl sulfate

64-67-5*

Diglycidyl resorcinol ether

101-90-6

3,3'-Dimethoxybenzidine [Dianisidine]

4-Dimethylaminoazobenzene [Dimethyl aminoazo-benzene]

60-11-7*

3,3'-Dimethylbenzidene [o-Tolidine]

119-93-7*

Dimethylcarbamoyl chloride

79-44-7*

N,N-Dimethyl formamide

68-12-2*

1,1-Dimethylhydrazine 57-14-7*

1,2-Dimethylhydrazine 540-73-8

Dimethyl sulfate

77-78-1*

Dinitrocresol [4,6-Dinitro-o-cresol, and salts]

534-52-1*

2,4-Dinitrophenol 51-28-5*

2,4-Dinitrotoluene 121-14-2*

1,4-Dioxane [1,4-Diethyleneoxide]

123-91-1*

1,2-Diphenylhydrazine 122-66-7*

Disulfoton 298-04-4

Endothall 145-73-3

Endrin 72-20-8**

Epichlorohydrin 106-89-8*

1,2-Epoxybutane 106-88-7*

2-Ethoxyethanol 110-80-5

Ethyl chloride [Chloroethane]

75-00-3*

Ethylene dichloride [1,2-Dichloroethane]

107-06-2††

Ethylene glycol

107-21-1*

Ethyleneimine [Aziridine]

Ethylidene dichloride [1,1-Dichloroethane]

75-34-3*

Etridiazole 2593-15-9

FMC-67825 95465-99-9

Fluorine 7782-41-4

Folpet 133-07-3

Formaldehyde 50-00-0*

Furmecyclox 60568-05-0

Heptachlor 76-44-8††

Heptachlor epoxide

1024-57-3**

Hexachlorobenzene 118-74-1††

Hexachloro-1,3-butadiene [Hexachlorobutadiene]

87-68-3††

Hexachlorocyclopentadiene 77-47-4*

Hexachlorodibenzo-p-dioxin 19408-74-3

Hexachloroethane 67-72-1††

Hexamethylene-1,6-diisocyanate 822-06-0*

Hexamethylphosphoramide 680-31-9*

Hydrochloric acid (aerosol)

7647-01-0*

Hydrogen cyanide

74-90-8

Hydrogen fluoride [Hydrofluoric acid]

7664-39-3*

Hydroquinone 123-31-9*

Indeno(1,2,3-cd) pyrene

193-39-5**

Isophorone 78-59-1*

Isophorone diisocyanate

4098-71-9

Lead 7439-92-1**

Lindane-[Hexachlorocyclohexane-alpha] 319-84-6**

Lindane-[Hexachlorocyclohexane-beta] 319-85-7**

Lindane-[Hexachlorocyclohexane-gamma] [Lindane all isomers]

58-89-9††

Lindane-[Hexachlorocyclohexane-mixed isomers]

Manganese 7439-96-5**

Mercury 7439-97-6**

Methanol 67-56-1*

Methoxychlor 72-43-5††

2-Methoxyethanol 109-86-4

2-Methoxyethanol acetate

110-49-6

Methyl bromide [Bromomethane]

74-83-9*

Methyl chloride [Chloromethane]

74-87-3††

Methyl chloroform [1,1,1-Trichloroethane]

71-55-6††

Methyl ethyl ketone [2-Butanone]

78-93-3*

Methyl isobutyl ketone [Hexone]

Methyl tert-butyl ether

1634-04-4*

5-Methylchrysene 3697-24-3

4,4'-Methylenebis(2-chloroaniline) 101-14-4*

Methylenebis(phenylisocyanate) [Methylenediphenyl diisocyanate (MDI)]

101-68-8*

4,4'-Methylenebis(N,N'-dimethylbenzenamine) 101-61-1

Methylene chloride [Dichloromethane]

75-09-2††

4,4'-Methylenedianiline 101-77-9*

4,4'-Methylenedianiline dihydrochloride

13552-44-8

Methyl hydrazine

60-34-4*

Methyl iodide [Iodomethane]

74-88-4*

Methyl mercaptan

74-93-1

N-Methyl-N'-nitro-N-nitrosoguanidine 70-25-7

Metolachlor 51218-45-2

Michler's Ketone

90-94-8

Mirex 2385-85-5**

Monoethanolamine 141-43-5

Naphthalene 91-20-3††

beta-Naphthylamide 91-59-8

Nickel 7440-02-0**

Nitric acid

7697-37-2

Nitrilotriacetic acid

139-13-9

Nitrobenzene 98-95-3*

4-Nitrobiphenyl 92-93-3*

5-Nitro-o-anisidine 99-59-2

2-Nitropropane 79-46-9*

4-Nitrophenol 100-02-7*

N-Nitroso-n-butyl-N-(3-carboxypropyl) amine

38252-74-3

N-Nitroso-n-butyl-N-(4-hydroxybutyl) amine

3817-11-6

N-Nitrosodi-n-butylamine 924-16-3

N-Nitrosodiethanolamine 1116-54-7

N-Nitrosodiethylamine 55-18-5

N-Nitrosodimethylamine 62-75-9*

N-Nitrosodiphenylamine 86-30-6

N-Nitrosodi-n-propylamine 621-64-7

N-Nitroso-N-ethylurea 759-73-9

3-(N-Nitrosomethylamino) propionitrile

60153-49-3

N-Nitrosomethylethylamine 10595-95-6

N-Nitroso-N-methylurea 684-93-5*

N-Nitrosomethylvinylamine 4549-40-0

N-Nitrosomorpholine 59-89-2*

N-Nitrosonornicotine 16543-55-8

N-Nitrosopiperidine 100-75-4

N-Nitrosopyrrolidine 930-55-2

N-Nitrososarcosine 13256-22-9

Nitrofen 11836-75-5

Octachlorostyrene 2908-74-4**

PCDDs (Total polychlorinated dibenzodioxins)

--**

PCDFs (Total polychlorinated dibenzofurans)

--**

PAHs (Total polycyclic aromatic hydrocarbons)

--**

Parathion 56-38-2††

Pentachlorobenzene 608-93-5**

Pentachloronitrobenzene [Quintobenzene]

82-68-8††

Pentachlorophenol 87-86-5††

Peracetic acid

79-21-0

Phenol 108-95-2††

p-Phenylenediamine 106-50-3*

Phenylhydrazine 100-63-0

Phorate 298-02-2

Phosgene 75-44-5*

Phosphine 7803-51-2*

Phosphorus 7723-14-0*

Phosphorus oxychloride

10025-87-3

Phosphorus pentachloride

10026-13-8

Photomirex 39801-14-4**

Phthalic anhydride

85-44-9*

Polybrominated biphenyls

Polychlorinated biphenyls [Aroclors]

1336-36-3††

Potassium bromate

7758-01-2

Propane sultone [1,3-Propane sultone]

1120-71-4*

beta-Propiolactone 57-57-8*

Propionaldehyde 123-38-6*

Propoxur [Baygon]

114-26-1*

Propyleneimine [1,2-Propylenimine, (2-Methylaziridine)]

Sulfuric acid (aerosol)

7664-93-9

Terbufos 13071-79-9

1,2,3,4-Tetrachlorobenzene 634-66-2**

1,2,4,5-Tetrachlorobenzene 95-94-3**

1,1,2,2-Tetrachloroethane 79-34-5*

Tetrachloroethylene [Perchloroethylene]

127-18-4††

2,3,7,8-Tetrachlorodibenzo-p-dioxin [2,3,7,8-TCDD]

1746-01-6††

4,4'-Thiodianiline 139-65-1

Titanium tetrachloride

7550-45-0*

Toluene 108-88-3††

Toluene-2,4-diisocyanate [2,4-Toluene diisocyanate]

584-84-9*

Toluene-2,6-diisocyanate 91-08-7

o-Toluidine 95-53-4*

o-Toluidine hydrochloride

636-21-5

p-Toluidine 106-49-0

Toxaphene 8001-35-2††

1,2,4-Trichlorobenzene 120-82-1*

1,1,2-Trichloroethane 79-00-5*

Trichloroethylene 79-01-6††

2,4,5-Trichlorophenol 95-95-4††

2,4,6-Trichlorophenol 88-06-2††

Triethylamine 121-44-8*

Trifluralin 1582-09-8††

Trimethyl benzene

25551-13-7

1,2,4-Trimethyl benzene

95-63-6

2,4,6-Trinitrotoluene 118-96-7

2,2,4-Trimethylpentane 540-84-1*

Tris(2,3-dibromopropyl) phosphate

126-72-7

Trypan blue

72-57-1

Urethane [Ethyl carbamate]

Vinylidene chloride [1,1-Dichloroethylene]

75-35-4*

Xylenes (isomers and mixture)

Includes any unique chemical

substance that contains antimony as

part of that chemical's infrastructure

Arsenic compounds*

Includes any unique chemical

substance that contains arsenic as part

of that chemical's infrastructure

Beryllium compounds*

Includes any unique chemical

substance that contains beryllium as

part of that chemical's infrastructure

Cadmium compounds*

Includes any unique chemical

substance that contains cadmium as

part of that chemical's infrastructure

Chromium compounds*

Includes any unique chemical

substance that contains chromium as

part of that chemical's infrastructure

Cobalt compounds*

Includes any unique chemical

substance that contains cobalt as part

of that chemical's infrastructure

Cyanide compounds*

x(pos) CN(neg) where X = H(pos) or

any other group where a formal

dissociation can be made. For

example, KCN or Ca(CN)2

Glycol ethers*

Includes any unique chemical

substance that contains glycol as part

of that chemical's infrastructure.

Includes mono- and di- ethers of

ethylene glycol, diethylene glycol, and

triethylene glycol R(OCH2CH2)n-OR'

where

n = 1,2, or 3

R = alkyl or aryl groups

R' = R, H, or groups which, when

removed, yield glycol ethers with

the structure: R(OCH2CH2)n-OH.

Polymers are excluded from the

glycol category.

Fine mineral fibers*

Includes mineral fiber emissions from

facilities manufacturing or processing

glass, rock, or slag fibers (or other

mineral derived fibers) having the

average diameter of 1 micrometer or

less.

Lead compounds*

Includes any unique chemical

substance that contains lead as part of

that chemical's infrastructure

Manganese compounds*

--††

Includes any unique chemical

substance that contains manganese as

part of that chemical's infrastructure

Mercury compounds*

Includes any unique chemical

substance that contains mercury as

part of that chemical's infrastructure

Nickel compounds*

--††

Includes any unique chemical

substance that contains nickel as part

of that chemical's infrastructure

Polycyclic Organic Matter (POM)*

--††

Includes organic compounds having

more than one benzene ring and a

boiling point equal to or greater than

100 degrees Celsius (212 degrees

Farenheit).

Radionuclides (including radon)*

A type of atom which spontaneously

undergoes radioactive decay.

Selenium Compounds*

Includes any unique chemical

substance that contains selenium as

part of that chemical's infrastructure.

* Indicates presence on HAP List.

** Indicates presence on Great Waters or Great Lakes List.

†† Indicates presence on HAP and Great Waters or Great Lakes Lists.

(Source: Added at 21 Ill. Reg. 6237, effective May 12, 1997.)

Section 232.Appendix B Additional Procedures for Calculating the Chronic

Toxicity Score

a) Procedures to be used in selecting chronic toxicity studies.

1) Chronic toxicity studies in which all of the items in subsection

(a)(1)(A) of this appendix are identified or measured with adequate

specificity to use the equations in subsection (b) of this appendix

are to be given first preference.

A) Study items to be identified or measured:

i) Test species;

ii) Contaminant dose;

iii) Duration of exposure must be at least 21 days,

except for developmental studies in animals, in

which case the duration of exposure must be during

critical gestation days;

iv) Route of exposure; and

v) Effect of exposure.

B) In the event that two or more studies are available in which

the items in subsection (a)(1)(A) are deemed to have been

identified or measured, but which give inconsistent results,

the study must be selected by the following procedures:

i) In the event that two or more studies are laboratory

animal toxicity studies, the study that is conducted

in accordance with or consistent with Good

Laboratory Practice Standards must be used. Good

Laboratory Practice Standards are incorporated by

reference in Section 232.110.

ii) In the event that the application of the procedure in

subsection (i) fails to result in the selection of one

study, then the study that results in the highest

Chronic Toxicity Score must be used.

2) Studies that identify or measure all of the items in subsection

(a)(1)(A) of this appendix, except for the contaminant dose, must

be given second preference.

A) For a second preference study, the Lowest Toxic Dose

Score for a given species and a given route of exposure

must be determined according to the following table:

Non-human Non-inhalation

1/3

B) In the event that two or more second preference studies are

available, the study that results in the highest Chronic

Toxicity Score must be used.

3) A contaminant for which there is insufficient data in the study to

identify the elements of either a first or second preference study

must be determined to have no data and be assigned a Chronic

Toxicity Score of 0.

b) The following general equation must be used to obtain the dose in units of

milligram per kilogram per day for the oral, gavage and inhalation routes

of exposure: Dose = (I)(C)(TCF)/UF

1) For the routes of exposure listed below, use the following: TCF=

Time Correction Factor of 1, unless the exposure was intermittent,

in which case the fraction of time during which exposure occurred

is used (e.g., 5 days/week = 5/7 = 0.71).

UF= Uncertainty Factor of 10, used only when data are for

exposure periods less than 90 days. In the case of fetotoxicity and

teratogenicity studies, an Uncertainty Factor of 1 must be used;

2) Where the exposure is oral use the following:

A) Oral Exposure via Food: I= Food Intake in kilogram of

food ingested per kilogram of body weight per day (kg/kg-

d) (refer to Chart 1 for standard values); C= Contaminant

Concentration in food in units of milligram per kilogram

(mg/kg); or

B) Oral Exposure via Water: I= Water Intake in liter of water

ingested per kilogram of body weight per day (L/kg-d)

(refer to Chart 1 for standard values); C= Contaminant

Concentration in water in units of milligram per liter

(mg/L);

3) Where the exposure is via gavage use the following: The product (I

X C) in the above equation must be replaced by Gavage Dose

(GD) in units of milligram of contaminant ingested per kilogram of

body weight per day (mg/kg-d); or

4) Where the exposure is via inhalation use the following:

I= Air intake in cubic meter of air inhaled per kilogram of body

weight per day (cu.m3/kg-d) measured as the product of

Ventilation Rate (VR) (refer to Chart 1 for standard values) and

Inhalation retention factor (RF) (assumed to be 0.5 for this

procedure);

C= Contaminant Concentration in air in units of milligram per

cubic meter (mg/cu.m).

Chart 1

Summary of Physiological Parameters

Section 232.Appendix C Carcinogens (Categories A, B1 and B2) listed on the

Integrated Risk Information System (IRIS) as of

December 31, 1989 (United States Environmental

Protection Agency, Office of Health and Environmental

Assessment)

Chemical Name

CAS Number