Ui 35-0605
0135-0606
0135-0615
0135-0620

ILLINOIS POLLUTION CONTROL BOARD

September 3, 1992

IN THE MATTER OF:

)

TOXIC AIR CONTAMINANTS LIST

)

 R90-1(A)

(35 ILL. ADM. CODE 232)

)

 (Rulemaking)

ADOPTED RULE.

 FINAL ORDER.

OPINION

AND

ORDER OF THE BOARD

 (by J. C. Marlin):

The Board today adds to its rules a list of 263 toxic air

contaminants which may pose a significant risk to human health,

as mandated by Section 9.5(c)

 of the Environmental Protection Act

(Act).1

 (Ill. Rev. Stat.

 1991,

ch.

 111 1/2, par. 1009.5(c)).

This rulemaking was initiated by a proposal filed by the Illinois

Environmental Protection Agency (Agency) on January

2.,

 1990.

Due

to the nature of some of the questions arising during the public

hearing and comment periods in this docket R90-1(A), the Board

has deferred action on some issues, to Dockets R90—l(B),

 (C), and

(D).

R90-1(B) Toxic Air Contaminants List,

 Environmental Effects,

will consider contaminants threatening plant and animal life.

-

In

September,

 1991, the Agency committed to submit a proposal

“within 12 to 18 months”.

 (R90-1(A),

 1st Notice Opinion,

September,

 1991,

p.

 14).

R90-1(C) Toxic Air Contaminants, Reporting Reguirements For

Existing Sources,

 was severed from R90—1(A) by the Board’s order

of November 21,

 1991.

 This docket will deal with rules proposed

as

 35 Ill. Adm. Code 232.Subpart D in the Board’s opinion of

September 26,

 1991,

 as published at

 15 Ill. Req.

 14969, Oct.

15,

1991.

 The Board anticipates activity in this docket in the near

future.

1

 The Board wishes to acknowledge the contributions of past

and present staff members during the course of this rulemaking:

Mark P. Miller served as the Hearing Officer and participated in

the drafting of first and second notice opinions and orders

during the course of his former employment as attorney assistant

to the Chairman; Harish Rao, former Chief of the Board’s former

Scientific/Technical Section, assisted in the development and

analysis of the record and participated in the drafting of

opinions from the inception of this proceeding through July 1,

1992;

 LouAnn Burnett, Board Environmental Scientist,

 participated

in record development and analysis and the drafting of the second

notice and final opinions, and Kathleen N.

 Crowley, Senior

Attorney participated in the drafting of the final opinion and

Resolution R92-1.

0135-0583

2

further explore the issue of adding the chemical styrene to the

list.

 R90-1(D) was created today

 in response to an objection of

the Joint Committee on Administrative Rules

 (JCAR).

 This is

discussed in detail

 in the Board’s resolution and order in Toxic

Air Conaminants List RES 92-1,

 R90-l(A) and R90-1(C)

 (September

3,

 1991).

 The Board also anticipates activity in this docket in

the near future.

THE STATUTE

As stated previously,

 promulgation of the list of toxic air

contaminants

 is mandated by Section 9.5 of the Illinois

Environmental Protection Act.

 Section 9.5

 is reprinted in its

entirety below:

Section 9.5

a.

 The General Assembly finds that:

1.

 The public health and welfare may be endangered by

the release of toxic contaminants into the air

which are carcinogenic, teratogenic,

 inutagenic or

otherwise injurious to humans or the environment.

2.

 Existing federal programs may not be adequate to

protect the public and the environment from low—

level,

 chronic exposure to toxic air contaminants.

b.

It

 is the purpose of this Section to establish a State

program to identify and adopt regulations for toxic air

contaminants in Illinois.

C.

 The Board, pursuant to Title VII, shall promulgate a

list of toxic air contaminants.

 The list published

under this subsection shall include any air contaminant

 which 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 or the

environment.

 The Agency shall propose to the Board for

adoption a list which meets the requirement of this

subsection.

The provisions of subsection

 (b) of Section 27 of this Act

shall not apply to ruleinakings under this subsection

 (C).

d.

 The Board, pursuant to Title VII, shall adopt

regulations establishing a program to control toxic

contaminants released into the air in a manner that

protects the public health and the environment.

The

Agency shall propose regulations to the Board for

adoption which meet the requirements of this

O135-058!~

3

subsection.

e.

 The requirements of this Section shall not apply to the

following:

1.

 retail dry cleaning operations;

2.

 retail and noncommercial storage and handling of

motor fuels;

3.

 combustion processes using only commercial fuel,

including internal combustion engines;

4.

 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.

Ill.

 Rev.

 Stat.

 1990 Supp.,

Ch.

 111 1/2, par.

 1009.5

PROCEDURAL HISTORY

The procedural history of these rules is complex, given

amendments made to the initial proposal by the Agency as well as

the Board.

 The Board will not repeat the discussion of the

location of,

 and r.ationale for, changes in the proposal from its

January 2,

 1990 initial filing through the Board’s adoption of a

second first notice opinion on September 26,

 1991.

 The Board

instead incorporates the second first notice opinion by reference

as if fully set forth.

This .opinion will, however,

 include a short chronological

synopsis of relevant actions and dates,

 in addition to the

discussion contained in the June

4,

 1992 second notice opinion.

The Agency filed its initial proposal on January

 2, 1990.

-

An amended proposal was filed April

17,

 1990.

 The Board

authorized that version of the proposal for first notice

publication on April

26,

 1990;

 it was published at 14 Ill.

 Reg.

8905

 (June

8,

 1990).

 Hearings were held on June 25—26,

 1990 in

Springfield and on September 6-7,

 1990 in Chicago.

The Agency filed a second amended proposal on December 18,

1990.

 Hearing was held on these amendments on March 2,

 1991 in

Chicago.

Based on this record,

 the Board authorized first notice

publication of a revised set of proposed rules in its second

first notice opinion and order of September 26,

 1991.

 That

proposaiwas published at 15 Ill. Reg.

 14969 .(October~l8, 1991).

Hearing was held on this proposal on January 27,

 1992.

On June

4,

 1992,

 the Board authorized submittal of a revised

set of rules to the Joint Committee on Administrative Rules for

second notice review.

 These rules were considered by JCARat its

0135-0585

4

July 14 and August 11,

 1992 meetings.

 JCAR issued an objection

to the listing of one chemical, styrene.

 (16 Ill.

 Reg.

 13372,

August 28,

 1992.)

In response to the objection,

 by separate action today in

RES 92-1,

 the Board is deleting styrene from the list,

and

continuing consideration of the issue

 in newly opened R90—1,

Docket D.

Public Comments

During the public comment periods established for these

rules the Board received comments from the following individuals,

groups and organizations:

PC

1

 Union Carbide Chemical and Plastics Co.,

 Inc.

PC

2

 State Representative Clem Balanoff

PC

3

 Secretary of State, Administrative Code Division

PC 4

 Waste Management,

 Inc.

PC 5

 Department of Energy and Natural Resources

PC 6

 The Alliance for Responsible CFC Policy

PC 7

 Dr. William H. Hallenbeck

PC 8

 Illinois Steel Group

PC 9

 Amax,

 Inc.

 and Climax Metals Co.

PC 10

 Halogenated Solvents Industry

PC 11

 Amax,

 Inc.

 and Climax Metals Co.

PC 12

 Illinois Steel Group

PC

13

 Chemical Industry Council of Illinois

PC

14

 Coalition for Consumer Rights

PC 15

 Illinois Environmental Protection Agency

PC

16

 Industry Group

PC

17

 Illinois Environmental Protection Agency

PC

18

 R.R.

 Donelly and Sons,

Co.

PC 19

 Herbert

 C. Bartling

PC 20

 Industry Group

PC 21

 Chlorobenzene Producers Association

PC 22

 Illinois Environmental Protection Agency

PC 23

 Sierra Club of Illinois

PC 24

 Illinois Steel Group,

 Illinois Environmental

Regulatory Group and Chemical Industry Council

PC 25

 Dupont Chemical and Pigments

PC 26

 Carol Wechter—

PC 27

 Halogenated Solvents Industry

PC 28

 Halogenated Solvents Industry

PC 29

 Styrene Information and Research Center

PC 30

 Chemical Industry Council of Illinois

PC 31

 Chlorobenzene Producers Association

PC 32

 Illinois Steel Group

PC 33

 Illinois Chapter of the Sierra Club

PC 34

 Illinois Environmental Regulatory Group

PC 35

 Illinois Environmental Protection Agency

PC 36

 Chlorobenzene Producers Association

0135-0586

5

PC 37

 Illinois Environmental Regulatory Group

PC 38

 Ann Hausen

PC 39

 Jeffrey Horvath

PC 40

 Illinois Environmental Protection Agency

PC 41

 Citizens for A Better Environment

PC 42

 Office of the Secretary of State, Administrative

Code Division

PC 43

 Illinois Department of Energy and Natural

Resources

 (DENR)

PC 44

 Illinois Fertilizers and Chemical Association

(IFCA)

PC 45

 Illinois Chapter of the Sierra Club (ICSC)

PC 46

 Illinois Steel Group

 (ISG)

PC 47

 Illinois Department of Commerce and Community

Affairs

PC 48

 Ford Motor Company

PC 49

 Illinois Department of Energy and Natural

Resources

PC

50

 Dow Elanco

PC 51

 Illinois Department of Energy and Natural

Resources

PC 52

 Growmark

 PC 53

 Illinois Farm Bureau

PC 54

 Styrene Information and Research Center

PC 55

 Illinois Environmental Protection Agency

PC 56

 Illinois Chapter of the Sierra Club

PC 57

 Illinois Steel Group

PC 58

 Chlorobenzene Producers Association

(CPA)

PC 59

 Illinois Fertilizer and Chemical

Association

PC 60

 Illinois Environmental Regulatory Group

PC 61

 CF Industries

PC 62

 Illinois Environmental Protection Agency

PC 63

 Rhone-Poulenc

DISCUSSION

Three sections of the second first notice proposal received

significant attention at hearing2 and in comments.

 These are

1)

Section 232.200

 “Characteristics for Determining a Toxic. Air

Contaminant”;

2)

 Section 232.320 “Carcinogen Classification” and

3)

 Section 232.500 “Procedures for Listing and Delisting Toxic

Air Contaminants”.

 In addition, the listing of two chemicals,

styrene and ammonia,

 and the listing of agricultural pesticides

2

 References to the record of the January

7,

 1992 hearing are

designated “3R.

“.

 References to the March 21,

 1991 hearing

are referred to as “2R.

“;

 those of the June 25—26 and

September 6—7,

 1990 as “lR.

“.

0135-0587

6

and fertilizers, were the subject of testimony and questioning at

hearing.

 The following discussion focuses on each in turn.

Section 232.200 “Characteristics for Determining a Toxic Air

Contaminant”

In its Second First Notice Opinion and Order, the Board

proposed to add the statutory definition of toxic air contaminant

to Section 232.200 as a “narrative” standard. The Board commented

as follows:

This change will have the effect of providing

a

“general” or narrative description of what constitutes

a toxic air contaminant,

 as is found in the enabling

statute.

 It will complement the numerical scoring and

classification protocols developed by the Agency.

The

Board believes that this change

 is most reflective of

the legislature’s intent and most protective of the

public.

 A greater error, the Board believes, would be

to fail to include a toxic air contaminant by a

restrictive scoring mechanism.

 Therefore the Board has

altered Section 232.200 to reflect this change.

 This

change will also allow delisting of a compound that may

be delisted upon a suitable demonstration before the

Board that there are valid scientific reasons that they

should not be listed despite meeting the criteria of

232.200

 (a) or

 (b).

 (Second First Notice Opinion and

Order,

p.

 13.)

The Agency testified at hearing that it opposes the

 narrative standard included

 in this section because it is “open

ended, unstructured, and allows the Board to list or delist

chemicals regardless of their scores”.

 (3R. 7.) The Agency

believes the scoring mechanism it devised

 is “sound and

replicable”.

 (PC 55,

p.

2.)

 However,

 the Agency did propose

certain changes at hearing which would allow its selection

procedure. to be overridden.

 Under the Agency’s proposal the

petitioner would have to show that the selection criterion was

flawed by its failure to consider “certain relevant evidence” and

that this evidence shows that the contaminant meets, or fails to

meet,

 the statutory definition of a toxic air contaminant

 (TAC).

The Agency eventually offered three categories of evidence which

it believed met the standard of “relevant evidence”.

 (3R 75.)

In

its post-hearing comments, the Agency added two more.

(PC

55,

p.

4.)

The Sierra Club supported the Agency’s concept, stating that

the Board’s proposed clause was “fundamentally flawed” and could

result in a more under-inclusive list than the scoring procedure

alone.

 The Sierra Club believed its proposal would make

“exceedingly clear that once a substance is determined a toxic

air contaminant under the Agency’s

 criteria,

 it cannot be

0135-0588

7

 delisted based upon the presentation of differenc sic

 evidence

which simply ignores the evidence used initially.”

 (PC 56.)

The Illinois Steel Group also objected to the narrative

standard as proposed at second first notice.

 It suggested

language to ensure that toxic air contaminants can only be listed

in a regulatory proceeding, after notice and opportunity for

hearing.

 (PCs 46,57.)

 The ISG stated that it saw no substantial

difference between the second first notice language and the

Agency’s proposed amendments.

 (PC 57,

p.

2.)

 The ISG also stated

that it would obj.ect to limiting the potential evidence to be

considered in determining whether the methodology was flawed with

regard to a particular substance.

(~~)

Section 232.200(d) has

been added to this second notice proposal to make it clear that

listing and delisting requires a regulatory proceeding.

Dan Grissom,

 for the dcl, testified that dcl also

disagreed with the Board’s language in the second first notice

proposal.

 The CICI preferred the original first notice language

because it only listed chemicals on the basis of toxicity as

defined by the best available science and did not contain a

narrative standard.

 (3R.

 93..)

 The CICI proposed alternative

language which would require a petition to show that the listing

characteristics fail to consider scientific evidence or analysis,

 which considered with all other evidence, indicates that the

contaminant meets, or fails to meet, the statutory definition.

(3R.

 95.)

It is apparent that the participants fear the flexibility

inherent in the narrative standard.

 Some assume the standard

will be applied too rigidly while others believe it will be

broadly applied.

The Board accepts the Toxicity Score and Carcinogen

Classification procedures as an efficient means of determining

whether most compounds meet the statutory definition.

 The vast

majority of chemicals will be listed in Appendix A on the basis

of the Agency screening procedure, which identifies compounds

which are reasonably expected to pose a threat to human health.

Indeed, today’s Board action lists 263 compounds based on

the Agency’s recommendation and scoring procedure.

 It is

unlikely that every chemical that fits the statutory definition

will neatly fit the procedures.

 However,

 it is the substance of

the statute contained in the legislature’s definition,

 which

controls what is and what is not put on the list as a “toxic air

contaminant”.

 The changes to Section 232.200(c)

 are based on

this concept.

-

The Board notes that the Agency Toxicity Score and

Carcinogen Classification procedures cannot displace the very

broad statutory definition in Section 9.5(c)

 of the Act

 (Ill.

0135-0589

8

Rev. Stat.

 1991,

ch.

 ill 1/2, par.

 1009.5(c).)

 Any person would

be free to file

 -a rulemaking proposal based on the statute

seeking to have a chemical added to the

 list.

 If the Board finds

that the evidence presented in the proceeding demonstrates that

the chemical meets the statutory definition, the Board may add

such chemical to the list,

 regardless of whether it met the

Agency supported criteria.

 The addition of the statutory

definition as part of the process to evaluate compounds for

listing allows any person to bring to the attention of the Board

additional evidence which may justify the addition or removal of

a toxic air contaminant.

 The rulemaking process grants each

participant the opportunity to support or oppose the petition.

We believe that no less is required by the express language of

the statute.

The Agency is commended for developing the procedures, which

will remain the primary basis for most listing and delisting

regulatory proceedings.

 Likewise, the commenters made many

useful observations.

 The changes and clarifications reflected in

Sections 232.200 and 232.500

 (see discussion below)

 and are a

result of these comments.

The Board agrees with the comments of the Illinois Steel

Group that modifications to the list should occur only in a

regulatory proceeding with notice and opportunity for hearing.

 (PCs 46,

 57.)

 The proposal has been modified accordingly.

Finally,

 all groups agreed that language

 in the section

relating to environmental effects should be removed at this time.

The, Agency’s environmental effects proposal is to be considered

in Docket B of this proceeding.

 Until that proposal

is

submitted, the participants agreed that consideration of

environmental effects

 in the listing or delisting decision was

premature.

 (PCs

56,

60,

 62.)

 In response to these concerns, the

Board has removed the phrase “and environmental effects” from the

statutory citation in Section 232.200(b).

 We anticipate that

upon consideration of the Agency’s promised environmental effects

proposal this phrase will be restored.

 This temporary deletion

from the rule does not contravene the statute.

Section 232.320(b)

 Carcinogen Classification

At second first notice, the Board addressed a highly

contested issue regarding the carcinogen classification scheme

initially proposed by the Agency:

 whether USEPA final rules

should be used as an additional basis for exemptions under

Section 232.200(b)

 from carcinogen classification along with

accepted International Agency for Research on Cancer

 (IARC),

USEPA’s Integrated Risk Information System

 (IRIS), National

Toxicology Program

 (NTP)

 and American Conference of Governmental

 Industrial Hygienists

 (ACGIH)

 carcinogen listings (“the four

carcinogen listings”).

 Essentially, the first notice proposal

0135-0590

9

provided that any chemical meeting a certain classification on

one of the four carcinogen listings would be considered a toxic

air contaminant.

 Based largely on comments by the CPA, the Board

proposed at second first notice to exclude those chemicals from

the toxic air contaminant list any carcinogen for which USEPA had

adopted a final rule classifying the chemical as a category “C”

-

carcinogen.

 After much testimony regarding the difficulties of

implementation, the Board has decided to remove the exemption

from Section 232.320.

The crux of the continuing debate lies in considering whether

the exemption should be “applicable to air contaminants” as

proposed by the Agency

 (PC 55)

 or only apply to those substances

which can be shown to not cause exposures via inhalation route by

reviewing the underlying studies.

 The Agency states that it

opposes the use of underlying data to determine the applicability

of inhalation exposure as such

 a review “would require the Agency

to develop criteria in this proposal to evaluate the

applicability of the data ~o ir.’~alationexposure.

 This would

create a great burden on t~eA

 ~ncy and the Board”.

 (PC 55, ‘pp.

6-7.)

 The Board’s second first notice language had removed all

references to inhalation exposure or air contaminants from the

carcinogen exemptton.

The Agency further argues that the carcinogen exemption

should be applied

 in a “conservative manner” as it is in the

“public interest” to do so.

 The Agency opines that the Board

overlooked the fact that these exemptions are from two

internationally recognized carcinogen classification sources.

(PC

55,

p.

7.)

The CPA initially proposed that EPA

 c assifications be

considered if they could be shown to be applicable to inhalation

exposure.

 It repudiated this position in its post—hearing public

comment

 (PC 58)

 stating that the Agency’s position on this issue

was

 a continually shifting target and urged adoption of the

Board’s “clear,

 simple” language.

The Styrene Information and Research Center’s voluminous

comments

 (PC 54)

 and testimony on this point contended that IEPA

erred in its comparison of International Agency for Research on

Cancer and USEPA’s Integrated Risk Information System cancer

classifications.

 The SIRC did not directly address the issue of

the exemption expansion.

Limited testimony exists

 in this record regarding USEPA’s

practice of identifying in a final rule whether a carcinogen

classification is applicable to inhalation exposure or specific

to an air contaminant. Thus, the Board must assume that a

detailed review of the final rule and, perhaps, the underlying

studies, will be necessary to determine the nature of the

classification.

 The Acency has indicated their hesitance to be

0135-059j

10

burdened with this level of review.

(PC

55,

p.

7.)

Based on the continuing controversy on this issue and the

apparent complexity of the alternate proposals, the Board has

decided to strike Section 232.320(b)

 of the second first notice

proposal of regulations, thereby eliminating the exemption.

The

opportunity to present evidenceto the Board to list or delist a

compound is available to any person pursuant to Section 232.500

“Procedures for Listing and Delisting Toxic Air Contaminants”.

(see discussion below).

 Thus,

 any party concerned with the use

of’ the carcinogen classification method may avail themselves of

this opportunity and will be provided the notice and comment of

formal Board proceedings.

In addition, the Board wishes to affirm its second first

notice decision to delist para-dichlorobenzene

 (PDCB).

 This is

based on the extensive testimony and evidence provided by CPA

which persuasively.,demonstrated that PDCB is not considered to

bE

a probable human carcinogen by USEPA and that USEPA has given thE

evidence regarding PDCB’s human carcinogenicity

 a more thorough

 review than lARd.

 The Board has determined that the evidence

presented by CPA meets the requirements for delisting pursuant tc

Section 232.500(b) (2).

 The Board notes that neither the Agency

nor any other participant lodged objections to the removal of

PDCB from Appendix A in the second first notice proposal.

Section 232.500 “Procedures for Listing and Delisting Toxic Air

Contaminants”

In response to comments about the clarity and intent of the

listing and delisting process, Section 232.500(b)

 has been

modified.

 It now specifically articulates that the

listing/delisting process

is

 a regulatory process, and includes

specific requirements for the content of a listing or delisting

proposal.

 The listing/delisting proponent must include a showin9

that,

 at a minimum,

 one of five conditions exist.

 The first is

that the Toxicity Score or Carcinogen Classification was

correctly determined as required by Subpart C.

 This will

generally apply to listing petitions.

 The other conditions

include demonstrating that the scoring or classification

procedure is not appropriate for a given contaminant, that the

procedure is applied incorrectly,

 or that the studies used

initially were inadequate for the purposes of scoring or

carcinogenicity listing.

 A proponent may also bring to the

Board’s attention additional or new studies which they feel

should be considered in any deliberations regarding listing or

 delisting of a compound.

 These conditions are not exclusive,

and

a proponent is encouraged to supplement the record with all

available relevant evidence.

 The Board feels that these

additions will narrow the scope of the listing or delisting

requests and provide the evidence needed to make a decision.

They also address many of the concerns raised regarding the

‘0135-0592

11

narrative standard concept.

The Board proposed at second first notice that all

contaminants

 in proposals to list or delist be scored by the

Agency.

 This score would then be presented to the Board in the

form of an Agency recommendation or co—petition or response,

(See Sections 232.500(c)

and

 (d)).

 The Agency has asked the

Board to remove these two sections stating that the Board lacks

the authority to direct the Agency to perform these functions.

The Agency- cited R90-20, Diesel Vehicle Exhaust Opacity Limits

(December 19,

 1991)

 in support.

In the Board’s opinion concerning diesel exhaust opacity

limitations,

 the- Board decided that

 it lacked the authority to

direct local law enforcement officials as to proper procedures

when confronted with

 a violation of diesel exhaust opacity

standards.

 We do not see, however, how the Agency believes that

the Board’s admission that local law enforcement concerns were

 outside Board authority also means that the Board lacks the

authority to set procedures designed to assist in the evaluation

of toxic air contaminants.

 Moreover, Section 9.5(c)

 of the Act

in particular requires direct participation in developing a list

which meets the requirements of this subsection.

 We believe a

Board procedure for Agency involvement

 in the scoring process is

appropriate.

The ICSC has also expressed a desire to have the Agency

participate in scoring citizen proposals to ensure consistency.

(PC 45,

p.

2.)

 We note that the Agency stated that it intends to

participate in citizen proposals.

 The Agency’s participation,

however, sometimes does not fully materialize because of time and

resource restraints.

 A recent example would be the Agency’s

failure to address substantive issues in a timely manner in the

Keystone hazardous waste delisting proceeding.

 Even after being

granted 100 days of extension beyond the 30 days to file its

response,

 the Agency informed the Board that it would not

evaluate

 a major portion of the petition “due to informational

deficiencies” and,

 if asked by the Board, would conduct

 a review

but would need an additional 45 days.

 (AS 91-1,

PCB

(February

6,

 1992).)

The Board has the authority in determining, defining and

implementing the environmental control standards applicable in

the state of Illinois to subpoena and compel the attendance of

witnesses and the production of evidence reasonably necessary to

resolve the matter under consideration at hearing.

 (Section 5(e)

of the Act.)

 The Board believes that the proposed procedure is

an equitable solution to the issue.

 If the Agency believes the

scoring requirement

 is made burdensome through submission of an

unreasonable number of compounds,

 it may file the appropriate

motion to the Board for relief.

 Therefore,

 the Board declines to

alter Section 232.500(c)

 of the proposal.

0135-0593

12

The Agency has also requested that the Board. remove

subsection

(d)

 of Section 232.500. This subsection states that

the Agency will propose an update of the list on a two year

schedule.

 The Agency testified at hearing that it would

“commit”

to doing this, but again objected that the Board “does not have

the authority to direct the Agency to score or to propose

contaminants for listing”.

 (3R.

 17.)

The Board believes that the language contained in Section

232.500(d)

 should remain in the proposed regulations. The Agency

originally proposed the language contained in Section 232.500(d).

That language has appeared in every version of the proposal over

two years and through five hearings since the Agency filed its

 Amended Proposal of Regulations on April 17,

 1990.

 The language

gives at least minimal structure to the listing/delisting process

and provides a reason for environmental and citizen groups to

remain in periodic contact with the Agency regarding proposals.

Retaining the language will assist in fostering coordinated

listing and delisting petitions, rather than a piecemeal

approach.

 In the event no update is necessary at. the end of a

two—year period, the Agency may file a motion which so states.

Section 232.Appendix A.

 “List of Toxic Air Contaminants”

This appendix contains the listing of the compounds found b~’

the Board to be toxic air contaminants pursuant to Section

232-.200.

 The Chemical Abstract Service Number is also given..

The list adopted today consists of 263 compounds and is altered

from the second first notice order by the deletion of ammonia and

the addition of styrene.

The Board notes that the substances listed in Appendix A are

those that,

 at this time,

 have been reviewed,

 scored, and

subsequently proposed by the Agency and that other substances not

proposed by the Agency may exist which have a toxicity score of

3

or greater or which may be listed on one of the four carcinogen

references specified in Section 232.320.

 The Agency has

testified that it has not yet reviewed and scored every substance

with the potential to be a toxic air contaminant.

 (lR.

 425, 427-

8.)

 The Board also notes that the Agency testified that it has

not proposed for listing as a toxic air contaminant any

carcinogen included in one or more of the four carcinogen

references

 (i.e. meeting the criteria of Section 232.320)

 if that

carcinogen falls within one or more of the following five groups:

(1)

 it is a drug and/or research chemical falling within the

exemption provided under Section 9.5(e)(4) of the Act;

(2)

 it is

an industrial activity or process associated with increased

incidence of cancer among workers engaged in such activity or

process;

(3)

 it is an individual element or compound from a

family of compounds that are already listed as a toxic air

contaminant;

(4)

 it is a naturally occurring compound of mineral,

plant or microbiological origin not associated with industrial

01 35-059~

13

processes;’ and

(5)

it

is

 a carcinogen for which the Agency has

not made a determination as to whether they fit in the above four

groups or

 is associated with an industrial process.

 (2R. 44—49

and Exh.

 26, Tables

 1-5.)

 The Board anticipates that the Agency

will be reviewing and scoring additional compounds for future

update proposals and that Appendix A will be expanded to include

these compounds.

Section 232.Appendix B.

 “Additional Procedures for Calculating

the Chronic Toxicity Score”

This appendix contains

 a method to select an appropriate chronic

toxicity study and a general equation for obtaining the correct

dose to be used in calculating a chronic toxicity score.

 This

appendix has not been altered from the second first notice

proposal of regulations.

Section 232.Apperidix

C.

 “Carcinogens (Categories

A,

 Bl. 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)”

This appendix contains

 a listing of compounds which have been

classified as A,

Bl,

 or B2 carcinogens by USEPA within the IRIS

database.

 The appendix

 is necessary because this list cannot be

incorporated by reference as

 it is a subset of an electronic

database rather than a document and is cited in Section 232.320

“Carcinogen Classification”.

 The content of this list has

remained unchanged since the Agency’s amended proposal of

regulations although the Board has rearranged the wording in the

title to clarify the nature of the appendix.

Chemical Specific Challenges

Agricultural Fertilizers and Pesticides

 The Illinois Farm

-

Bureau, Growmark and the Illinois Fertilizer and Chemical

Association appeared at the Board’s January

7,

 1992, hearing and

also submitted public comments regarding the inclusion in the

second first notice proposal of many agricultural fertilizer and

pesticides.

 (PCs 52,

53,

and

 59.)

 The objections of these’

groups to the inclusion of ammonia as it may impact agricultural

fertilizers is discussed in the section of this opinion entitled

“ammonia”,

 all other portions of the comments will be discussed

here.

The objections of these groups can be summarized as follows.

The agribusiness industry states that EPA held meetings with the

affected public regarding the proposed regulations in late 1989,

prior to the Agency’s proposal to the Board.

 Growmark states

that after much discussion,

 the Agency agreed that pesticides and

fertilizers would not be included in the list.

 HOwever, at a

subsequent point,

 compounds were re—added, despite the

0 135-0595

14

understanding.

The comxnenters contend that the Agency has no authority to

regulate pesticide storage or handling which is already regulated

under the Federal Insecticide, Fungicide and Rodenticide Act

(FIFRA).

 They also expressed concern that monitoring could

impose a tremendous burden and future rules may prevent pesticide

application.

 (PCs 52 and 53.)

 In a post-hearing public comment,

the agribusiness community identified the agricultural pesticides

 and fertilizers of concern.

 (PC 63.)

The Agency stated at hearing that use of pesticides

 “has not

been a major problem” as far as air toxicity is concerned and

that the Agency’s primary focus

 (for control) will be placed upon

stationary sources.

 (3R.

 165.)

The Board has reviewed the assertions of the agribusiness

industry regarding.~proceduralimpropriety.

 (The Board notes that

the initial toxic air contaminant list filed with the Board in

the Agency’s January 1990 proposal contained many of the

chemicals of concern to the agribusiness industry.)

 Those early

Agency proposals contained a list of from 80 to 130 chemicals.

Later the Agency expanded the list to include chemicals which may

not be emitted in Illinois.

 At that time the list expanded from

approximately 130 to the present 264 chemicals or classes of

chemicals.

 At no point did the Agency assert that the inclusion

or exclusion of chemicals from the list was premised upon

considerations of whether the chemical would be used in the

agribusiness industry or premised upon agreements with the

agribusiness industry.

 To ,the best of the Board’s knowledge, the

chemical lists in the Agency proposals have been premised

exclusively on whether the chemicals met the stated criteria for

toxicity or carcinogenicity.

 In addition, the Agency has not

responded to the assertions of an agreement to not include

agricultural chemicals on the list.

 Such assertions regarding

Agency agreements are not relevant to the adoption of the list in

today’s Board proposal.

As far as the procedures for adoption of a chemical list by

the Board

 is concerned,

 no procedural impropriety exists.

The

Board adopted for first notice a list on April

26,

 1990.

 That

list of 84 chemicals of classes of chemicals was published for

first notice in accordance with all procedural requirements.

Later,

 on September 26,

 1991, the Board revised the proposal and

expanded the list of toxic air contaminants to about 264

chemicals or classes of chemicals.

 That second first notice was

also published for first notice in accordance with all procedural

requirements.

 The list adopted today consists of 264 compounds

and is altered from the second first notice only by the deletion

of ammonia and the addition of styrene.

 Thus,

 for each chemical

on today’s list,

 the Board has provided the appropriate notice

and publication under Illinois

law.

.

0 135-0596

15

In addition, the Board notes that the agribusiness

community’s participation

 in this proceeding began at least as

early as November 25,

 1991 with Public Comment 44 from the

Illinois Fertilizer and Chemical Association.

 This was shortly

 after the September 26,

 1991 Second First Notice,

 and well before

the public hearing on January

7,

 1992.

 Also, the agribusiness

community provided testimony at hearing and provided comments

both before and after the hearing.

The Illinois Farm Bureau

 (PC 53)

 asserts that the cost of

monitoring chemicals would be excessive.

 (See also PC 52.)

The

Board notes that the comments presume that monitoring “equipment”

will be required at each farm and presume that such equipment

will be expensive.

 No such decision has been reached in this

proceeding.

 The agribusiness community has not provided comments

to demonstrate that inclusion of the listed chemicals alone will

cause a technically infeasible or economically unreasonable

burden on the agrthusiness community.

 Nor have those comments

indicated any disproportionate impact on the agribusiness

community compared to that anticipated, in other aspects of

‘

society by the General Assembly in adopting the requirements for

listing of toxic air contaminants.

In large part, the agribusiness community concerns seem to

address not individual chemicals and their toxicity or

-carcinogenicity, but rather address that fact that these

chemicals are employed in an agricultural setting and are subject

to controls under other statutes.

 The Board notes that the

obligation to adopt such listing is contained in Section 9.5 of

the Act and are subject to the exclusions of Section 9.5(e) which

provides:

e.

The

 requirements

of

 this

 Section

 shall

not apply to the following:

1.

 retail dry cleaning operations;

2.

 retail

and

 noncommercial

storage and handling

 of motor

fuels;

3.

 combustion processes using only

commercial

 fuel,

 including

internal combustion engines;

4.

 incidental

or

 minor

 sources

including

 laboratory-scale

operations,

and

 such

 other

sources

or

 categories

of

sources which are determined by

the

 Board

t.o

be

of

 minor

significance.

0135-0597

16

Nothing

 in this Section provides an exclusion for chemicals used

in agriculture.

 Further, pesticides and agrichemical facilities

are certainly contemplated as within the purview of the Act.

(See Section 3.74 and 3.77 of the Act.)

 The Board must conclude

that no such generalized exclusion is authorized in this

proceeding.

The legislation mandating the development of the toxic air

contaminant list requires inclusion of any air contaminant which

“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 or the environment”.

 (Ill.

 Rev.

 Stat.

1991,

ch.

111

 1/2,

 par.

 1009.5(c).)

 The hearings held by the

Board regarding toxic air contaminants have focussed upon the

Agency’s criterion for determining whether these characteristics

were met.

 The agribusiness community’s comments mainly focus On

the control strategy to be pursued,

 not whether the air

contaminants meet the statutory definition or the developed

criterion.

 However,

 as the Agency has testified,

 it has not yet

decided upon a control strategy for the listed chemicals and

compounds or whether control necessitates monitoring.

 We find

therefore, that promulgation of this list does not have the

effect that the agribusiness community is concerned about; rather

these arguments must wait until the Agency unveils its control

strategy.

 The Board welcomes the continued participation of

these groups.

Tetrachloroéthylene and Trichloroethylene

 On December

2,

 1991,

the Halogenated Solvents Industry Alliance (HSIA)

 filed its

motion to reconsider the listing of tetrachioroethylene and

trichloroethylene as toxic air contaminants.

 The Illinois

 Chapter of the Sierra Club filed a response on December

5,

 1991;

DENR on December 16,

 1991.

 The Agency filed its response on

March 27,

 1992.

 HSIA requested that the Agency reconsider. the

listing of these two chemicals.

 Tetrachloroethylene, HSIA

stated,

 should be deleted from the list because

 it did not meet

the scoring procedure of Section 232.320.

 However, the Agency’s

review of tetrachloroethylerie showed this contention to be

erroneous.

 (PC 55.)

 Tetrachioroethylene has been identified as

an

IARC

2B and as an National Toxicological Program NTP

“Anticipated Human Carcinogen”.

 Tetrachloroethylene was deleted

from the USEPA

-

 classified Group B2

 list of carcinogens.

 It was

not,

 however, reclassified as

 a IRIS Group C carcinogen..

The

classification is still pending.

 Therefore, we find no reason to

delist tetrachloroethylene at this time.

HSIA also argues for the delisting of trichloroethylene

based upon its carcinogen classification.

 Howe.ver, as the Agency

pointed out,

 trichloroethylene

 is not listed as

 a toxic air

contaminant due to its carcinogenicity,

 but due, to its toxicity

score of

4.

 Because of its toxicity score,

 trichioroethylerie

0135-0598

17

should remain listed as

 a toxic air contaminant.

Stvrene

 The rules as adopted by the Board today do not contain

styrene on the list of chemicals appearing

 in Appendix A.

A

discussion of the previously developed record concerning styrene

appears

 in the second first notice opinion of September 26,

1991

at

p.

18,

 and in the second notice opinion of June

4,

 1992 at pp.

13—16.

As explained today in RES

 92—1,

~oncerns

 about the stryrene listing were expressed by

members of JCAR at its July 14 meeting,

 and were the

subject of discussions between Board and JCAR staff

prior to the August

 11 meeting at which the Committee

voted the objection.

 The Board learned that a

 12 page

comment was submitted

 to JCAR by the Styrene

Information and Research Center

 (SIRC)

 on July 14,

1992;

 the Agency filed

 a responsive comment with JCAR

on August

10,

 1992.

 These documents are not formally

before the Board at this time, but will be entered into

the record in Docket D and considered in more detail in

that proceeding.

At issue is whether the Board fully considered all of

the technical documents and arguments presented by SIRC

concerning the listing of styrene, including those

related to inutagenicity and toxicity.

 The Agency had

proposed the listing of styrene, which was the subject

of hearing testimony and wr. ~ten comment.

 The .oard

had proposed deletion of the styrene listing in its

second first notice opinion

 (September

26,

 1991,

p.

18).

 However,

 as urged by the Agency,

 the BOard

proposed to retain it on the list at second notice

(June

4,

 1992,

p.

 13—16)

While the Board disagrees with some of SIRC’s

assertions,

 in this instance

 it agrees with the Joint

Committee that additional consideration of available

scientific date concerning styrene is appropriate.

Under these circumstances, the Board believes that

modification of the rules as proposed to delete the

styrene listing

 is the most appropriate of the

responses to the objection permitted by Section 7.06 of

the IAPA.

...

 The Board has opened Docket D in R90—l to

allow for additional consideration and

 a fuller

explanation of the Board’s rationale concerning action

to list or delist styrene.

 The Board will

 issue an

order establishing procedures shortly.

 (Resolution 92—

11,

 June

4,

 1992,

pp.

 ‘—3).

0135-0599

18

Ammonia

 On February 20,

 1992,

 the Illinois Environmental

Regulatory Group

 (IERG)

 filed its post—hearing comments.

 (PC 60.)

The IERG questioned the acute lethality score for ammonia and

attached the comments of Dr. Joseph A.

 Scimeca,

 Senior Research

Scientist,

 Kraft General Foods,

 Inc.,

 in support.

 CF Industries

Inc.’s post—hearing comment

 (PC 61)

 also called for re-

calculation of ammonia acute lethality score and attached several

studies

 in support.

Dr.

 Sciineca questioned the Agency’s acute

lethality score of

 “2” regarding ammonia, concluding that the

Agency’s use of a study by Weedon

~.

~

 was inappropriate.

First, the exposure period used in the study exceeded the maximum

exposure time defined in the Agency proposal.

 Second, an LC5O

value was impossible to determine based on data from a study in

which the sole exposure resulted in the death of only 12.5

of

the tested animal population.

 Dr. Scimeca concluded that

a

review of the scientific literature

 in this area reveals data

which would result in an acute lethality score of “1” for

ammonia.

 The scientific literature supplied by CF Industries

supports this view.

 These studies each document that the LC5O

for ammonia is greater than 5,000

 mg/in3.

 Accordingly, the

Agency’s scoring system to the new data, results in an

application of the acute lethality score for ammonia of “1” not

“2”.

 The Agency,

 after review,

 agreed.

 (PC 62.)

 The Agency

rescored the acute lethality score for ammonia as “1” admitting

that the sole study used in its original scoring was

Inappropriate.

 The Agency stated that its “reliance upon

computerized databases such as the Registry for Toxic Effects of

Chemical Substances and secondary literature sources occasionally

results

 In the use of an inappropriate data point for scoring

purposes.

 ...Additionally,

 this effort demonstrates the way in

which the proposed narrative standard amendment operates

 in the

proposal and review of the listing of a TAC.”

The Board has removed ammonia from the list of toxic air

contaminants based upon the public comments and the Agency’s

conclusion that its scoring was inappropriate and therefore

ammonia’s inclusion was erroneous.

Xylene and

1,

1,

 1- Trichloroethane

 In its second first notice

opinion and order,

 the Board inadvertently omitted a discussion

regarding the Coalition of Consumer Right’s request that xylene

and

1,

 1, 1-trichioroethane be added to the list of toxic air

contaminants.

 The Agency has testified that they had reviewed

these two chemicals and found them to not meet the basis for

listing as a toxic air contaminant.

 Our review of the

information contained in the record confirms the Agency’s

position.

 Therefore xylene and

1,

1,

 1-trichloroethane will not

be added to the list of toxic air contaminants at this time.

Inclusion of Federal Hazardous Air Pollutants

013L-0(

3

19

The public comments filed by the Sierra Club Coalition for

Consumer Rights, and Chicago Lung Association

 (PC 56) and Ford

Motor Company (PC 48) recommended adding the Clean Air Act

Amendment’s

hazardous air pollutants

(MAPs)

 list to the Illinois

TAC list.

 Recognizing that inclusion of some contaminants would

necessarily mean additional time to receive comments and perhaps

hearings on the contaminants, the Sierra Club offered the

alternative that the MAPs could be included in subdocket B.

The

Board also recognizes that additional delay in the promulgation

of these rules would be counterproductive, and therefore chooses

to revisit this issue at a later time.

ORDER

The Board hereby adopts the following rules.

 The Board

directs the Clerk of the Board to submit these rules to the

Administrative Code Unit for filing and publication in the

Illinois Register.

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

 Determination of 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 E:

 LISTING

AND

DELISTING

Section

0135-060L

20

Contaminants

APPENDIX A:

 List of Toxic Air Contaminants

APPENDIX B:

 Additional Procedures for Calculating the Chronic

Toxicity Score

APPENDIX C:

 Carcinogens

 (Categories

A,

 Bi, 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

 (Ill. Rev.

 Stat.

 1991,

ch.

ill 1/2,

 pars.

 1009.5 and

 1027).

SOURCE:

 Adopted in R90-1 at

 16 Ill.

 Reg.

,

 effective

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

 (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)j

(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,

0135-0602

21

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

 111. Adm. Code 201.102, 211.122 and 215.104

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 201.102,

 211.122

and 215.104,

 it must take precedence

 in application of this Part.

“ACGIH” means the American Conference of

Governmental Industrial Hygienists.

“Adverse health effect” means

 a health inj.ry 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.

“Critical gestation days” means the days during which

the formation and differentiation

 of organs ard organ

systems occurs ‘during embryonic development.

“Emits” or “Emission”

 or “Emitted” means any non—

accidental release into the atmosphere from an emission

source or air pollution control equipment,

 or fugitive

emissions defined according to 35 Ill. Adm. Code

203.124.

“IARC” means the World Health Organization’s

International Agency for Research on Gancer.

“IRIS” means the USEPA’s Integrated Risk

Information System.

“LC5O” means the concentration

 in the air of a

0135-0603

22

contaminant that kills,

or

 is estimated to kill,

 50 per

cent of

 a population of laboratory animals where the

exposure is brief

 (8 hours or less)

 and where the route

of exposure

 is inhalation.

“LDSO” means the dose of a contaminant that kills, or

is estimated to kill,

 50 percent 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.

“NTP” means the United State Department of

Health and Human Services, Public Health

Services’ National Toxicological Program.

“New emission source” means an emission source or air

pollution control equipment for which a construction

permit

 is required by 35

 Ill. Adm. Code 201 after

 (the

effective date of these rules); or an emission source

or air pollution control equipment for which an

operating permit

 is required by 35 Ill.

 Adm.

 Code

 201,

where, the owner or operator failed to apply for a

construction permit and applies for the first operating

permit.

“No observed effect” means the condition where no

adverse health effect has been detected.

“Toxic air contaminant” means a contaminant identified

pursuant to Section 232.200 and listed

 in Appendix A.

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 COMNERCIAL 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)

•0

 I 35-060k

23

SUBPART

B:

 DETERMINATION OF A TOXIC AIR CONTAMINANT

Section 232.200

 Determination of 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 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

23Z.3l0, 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

Part 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 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.

Ui

35-0605

24

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

 (LCSO)

 Acute

Lethality

Score

Less than:

 500 mg/cu.

ni

3

500—4,999 mg/cu.

in

2

5,000—50,000 mg/cu. m

1

Greater than:

 50,000 mg/cu. m

0

or,

 if the above data are not available:

Ingestion Dose

 (LD5O)

 Acute Lethality

Score

Less than:

 50 mg/kg

3

50—499 mg/kg

2

500—5,000 mg/kg

1

 Greater than:

 5,000 mg/kg

0

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 dose 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

1

5-50 mg/kg/day

2/3

Greater than:

 50 mg/kg/day

1/3

Back to top

0135-0606

25

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 stillbrth,

 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, a~

 reduced

morphometric parameters

 The Category II

organs .are:

 Adrenals, T ;roids,

 Parathyroids,

Pituitary,

 Pancreas,

 Esophagus,

 Stomach,

Small

 Intestine,

 Large Intestine,

 Lymph

Nodes,

 Thyinus,

 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 the 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: Oviducts1 Epididymides,

Uterus,

 Prostrate,

 Seminal Vesicles, Ductus

Deferens,

 Penis, Vagina,

 Eyes,

 Bone,

 Nose,

Peripheral Nerves,

 Muscles, Urinary Bladder,

Blood Vessels,

 Ears,

 Gallbladder,

 Larynx,

0 135-0607

26

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:

Organ Category

I

II

III

SI

6

5

4

Levelof

SR

5

4

3

Effect

NI

4

3

2

NR

3

2

1

No Observed

0

0

0

Effect

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 Appendix B.

0135-0508

27

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 Al 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 Bl/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 Assessment,

 Integrated Risk

Information System.

 The categories A,

 Bl, and B2

carcinogens, of IRIS as of December 31,

 1989,

 are listed in

Appendix C.

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;

28

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 ne~istudies 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.APPENDIX

A:

 List of Toxic Air Contaminants

Chemical Abstract

Chemical Name

 Service Number

Acetaldhyde

 75-07-0

Acetamide

 60-35-5

Acetonitrile

 75-05-8

Acetophenone

 98-86-2

Acrolein

 107—02—8

Acrylamide

 79-06-1

Acrylic acid

 79-10—7

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—Aminobipheflyl

 92—67—1

l—Amino—2—methylanthraquinone

 82—28—0

Amitrole

 61—82—5

Aniline

 62—53—3

o—Anisidine

 90—04—0

o-Anisidine hydrochloride

 134-29-2

antimony

 7440-36-0

~rsenic

 7440—38—2

~sbestos (friable)

 1332—21—4

~zobenzene

 103—33—3

0.135-0610

29

Benz(a)anthracene

 56-55-3

Benzene

 71-43—2

Benzidine

 92—87—5

Benzo(a)pyrene

 50-32-8

Benzo(b) fluoranthene

 205—99—2

Benzo(j) fluoranthene

 205—82—3

Benzo(k) fluoranthene

 207—08—9

Benzotrichloride

 98—07—7

Benzyl chloride

 100—44-7

Benzyl violet

 1694—09-3

Beryllium

 7440—41—7

Beryllium oxide

 1304-56—9

Biphenyl

 92-52-4

Boron trifluoride

 7637—07—2

Broinoform

 75—25-2

1,3—Butadiene

 106—99—0

Butyl benzyl phthalate

 85-68-7

beta—Butyrolacetone

 3068-88-0

C.I. Basic Red

 9 monohydrochioride

 569—61—9

Cadmium

 7440—43—9

Cadmium oxide

 1306-19—0

Caprolactam

 105-60-2

Carbaryl

 63-25-2

Carbofurán

 1563-66-2

‘Carbon black

 1333-86-4

Carbon disulfide

 75—15—0

Carbon tetrachloride

 56—23—5

Carbosulfan

 55285—14—8

Chioramben

 133-90-4

Chlordane

 57—74—9.

Chlorinated dibenzodioxins

-—

Chlorinated dibenzofurans

——

Chlorendic acid

 115—28-6

Alpha-Chlorinated toluenes

Chlorinated paraffins

 (Cl2,

60

 chlorine)

 108171—26—2

Chlorine

 7782—50—5

Chloroacetic acid

 -79—11-8

Chlorobenzene

 108-90—7

Chloroform

 67-66-3

Chloromethyl methyl ether

 107-30-2

4-Chloro—2—methylpropene

 563—47—3

4-Chloro-o—phenylenediamine

 95-83-0

p-Chloro-o-toluidine

 95-69—2

Chloroprene

 126-99-8

Chromium

 7440—47-3

Chromium VI

 18540-29-9

Chrysene

 218-01—9

Coal tar

 (pitch) volatiles

 65996—93—2

Cobalt

 7440—48—4

Coke Oven Emissions

Copper

 7440—50-8

p-Cresidine

 120—71—8

0135-0611

30

Creosote

 (Coal)

8001589

Cresol

 (mixed isomers)

 1319—77—3

Cyanazine

 21725—46—2

Cyclohexanone

 108—94—1

DDD

 72—54—8

DDE

 72—55—9

DDT

 50—29—3

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

Dibenzo(a,h)acridine

 226—36—8

Dibenzo(a,j)acridine

 224—42—0

Dibenzo(a,h)anthracene

 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

Dibutyl phthalate

 84—74—2

1, 2—Dibromo—3-chloropropane

 96—12—8

l,2—Dibromoethane

 (Ethylene dibromide)

 106—93—4

3,3‘—Dichlorobenzidine

 91-94—1

3,3’—Dichlorobenzidine dihydrochioride

 612—83—9

Dichloroethyl ether

 111—44-4

2,4—Dichlorophenoxyacetic acid 2,4—D)

 94—75—7

1, 2—Dichloropropane

 78-87—5

1, 3—Dichioropropylene

 542—75—6

Dichlorvos

 62—73-7

Dieldrin

 60—57—1

Diepoxybutane

 1464-53-5

l,2—Diethylhydrazine

 1615—80—1

Di (2—ethylhexyl) phthalate

 117—81—7

Diethyl sulfate

 64—67—5

Diglycidyl resorcinol ether

 101—90—6

3,3’—Dimethoxybenzidine

 ~9-90-4

Dimethyl acetamide

 .27—l9—5

4—Dimethylaminoazobenzene

 60-11—7

3, 3’-’Dimethylbenzidine

 o-Tolidine

 119-93—7

Dimethylcarbamoyl chloride

 79-44—7

Dimethyl formamide

 68—12-2

1, 1—Dimethylhydrazine

 57—14—7

1,2—Dimethylhydrazine

 540—73—8

Dimethyl sulfate

‘‘

 -78—1

Dinitrocresol

 -52-1

2,4—Dinitrophenol

 -28—5

2,4—Dinitrotoluene

 j11~~142

1,4—Dioxane

 123—91—1

1, 2—Diphenylhydrazine

 122—66—7

Disulfoton

 298—04—4

Endothall

 145-73-3

Epichlorohydrin

 106-89-8

2-Ethoxyethanol

 110-80-5

31

Ethyl acrylate

 140-88-5

Ethylene dichloride

 107—06-2

Ethylene oxide

 75-21—8

Ethylene thiourea

 96-45-7

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-l, 3-butadiene

 87-68—3

Hexachlorocyclopentadiene

 77-47-4

Hexachlorodibenzo-p-dioxin

 19408-74—3

Hexachloroethane

 67-72-1

Hexamethylphosphoramide

 680—31-9

Hydrazine

 302-01-2

Hydrazine sulfate

 10034—93—2

Hydrogen cyanide

 74-90-8

Indeno(1,2,3—cd)pyrene

 193—39—5

Isophoron-e diisocyanate

 4098—71—9

Lead

 7439—92—1

Lindane (alpha)

 319-84-6

Lindane

 (beta)

 319—85—7

Lindane

 (gamma)

 58-89—9

Lindane

 (mixed isomers)

 608—73—1

Linuron

 330—55—2

Malathion

 121-75-5

Manganese

 7439—96—5

Mercury

 7439-97-6

2-Methoxyethanol

 109-86—4

2—Methoxyethanol acetate

 110-49—6

 5—Methylchrysene

 3 697—24—3

4,4’—Methylenebis(2—chloroaniline)

 101-14—4

Methylenebis (phenylisocyanate)

 101-68—8

4,4’—Methylenebis(N,N’-dimethyl)

 benzenamine

 101—61—1

Methylene chloride

 75-09—2

4,4’—Methylenedianiline

 101—77—9

4,4’—Nethylenedianiline dihydrochloride

 13552—44—8

Methyl hydrazine

 60—34—4

!ethyl iodide

 74—88—4

Methyl mercaptan

 74-93-1

N—Methyl—N’ —nitro-N—nitrosoguanidine

 70—25—7

Metolachior

 51218—45-2

Michler’s Ketone

 90—94—8

Nirex

 2385—85—5

Monoethanolamine

 141—43—5

‘~eta—Naphthylamide

 91-59-8

-ickel

 7440—02—0

iitric acid

 7697—37—2

0135-0613

32

Nitrilotriacetic acid

 139—13—9

Nitrobenzene

 98-95—3

5-Nitro—o—anisidine

 99—59—2

2-Nitropropane

 79-46—9

N—Nitroso—n—butyl—N-(3-carboxypropyl)

 amine

 38252—74—3

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

 3817—11—6

N—Nitrosódi—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

 1836-75-5

Pentachloronitrobenzene

 82—68—8

Pentachlorophenol

 87-86-5

Peracetic acid

 79-21—0

Phenol

 108—95—2

Phenylhydrazine

 100-63—0

Phorate

 298-02—2

Phosphorus

 7723—14—0

Phosphorus oxychloride

 10025-87-3

Phosphorus pentachloride

 10026-13-8

Polybrominated biphenyls

-—

Polychlorinated biphenyls

 1336—36—3

Potassium bromate

 7758-01-2

Propane sultone

 1120-71-4

beta—Propiolactone

 57—57—8

Propyleneimine

 75-55-8

Propylene oxide

 75-56-9

Pyrene

 129—00—0

Quinoline

 92—22—5

Selenium

 7782—49—2

Sodium borate

 1303-96—4

Styrcne

 100-42-5

 Styrene oxide

 96-09-3

Sulfallate

 95—06—7

Sulfuric acid

 7664—93—9

Terbufos

 13071—79-9

1,1,2, 2—Tetrachloroethane

 79-34—3

Tetrachloroethylene

,

 127—18-4

2, 3,7,8—Tetrachlorodibenzo-p--dioxin

 1746—01—6

4,4’—Thiodianiline

 139—65—1

n

I

~S-r~

it1

33

Thiophenol

108985

Thiourea

 62-56—6

Thorium’dioxide

 1314-20-1

Toluene

 108—88—3

Toluene—2, 4—diisocyanate

 584—84—9

Toluene—2, 6-diisocyanate

 91—08—7

o—Toluidine

 9553’4

o—Toluidine hydrochloride

 636—21—5

p—Toluidine

 106-49—0

Toxaphene

 8001—35-2

1,2,4—Trichlorobenzene

 120-82—1

Trichloroethylene

 79-01-6

2,4,6—Trichiorophenol

 88—06—2

Trimethyl benzene

 25551—13—7

l,2,4—Trimnethyl benzene

 95—63—6

2,4,6—Trinitrotoluene

 118—96—7

Tris(2,3—dibromopropyl) phosphate

 126—72—7

Trypan blue

..

 72-57-1

Urethane (Ethyl carbamate

 51—79-6

Vinyl bromide

 593—60—2

Vinyl chloride

 75-01—4

Vinylidene chloride

 75—35—4

Antimony compounds

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

chemicals 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

Back to top

0135-0615

34

tnat 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

ca’n be made.

 For example, KCN or Ca (CM)2

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

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;

0.135-0616

35

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) (I) (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:

Species

 Route

of

 Lowest Toxic

Exposure

 Dose Score

Human

 Inhalation

1

Human

 Non-inhalation

2/3

Non-human

 Inhalation

2/3

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 are 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

0135-06

17

dose in units of milligram per kilogram per day for the

oral,

 gavage and inhalatton routes of exposure: Dose

=

(I) (C) (TCF)/UF

1)

 For the routes of

 exj,

 sure 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

 I must be used.

2)

 Where the exposure

 oral

 us.’.~ the follo

A)

 Oral Exposure via Food:

1=

 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:

1=

 Water Intake

 in liter of water ingested per

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

(refer to Chc

‘~

 1 ~or standard values)

;

C=

 Contaminant

 C.. 1centration in water

 in units

of milligram 9er liter

 (rng/L);

3)

 Where the exposure is via gavage use the fo’lowing:

The product

 (I X C)

 in the above equation m.~stbe

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 exposut-~I..

 ia inhalation use the

following:

1=

 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

0135-0618

37

0.5 for this procedure);

C=

 Contaminant Concentration in air in units of

milligram per cubic meter

 (mg/cu.rn).

Chart

1

Summary of Physiological Parameters

Species

Water Intake

L/kg/day

Food Intake

kg/kg/day

Ventilation

cu.m/kg/day

Cat

Dog

Guinea Pig

Human

Monkey

Mouse

Rabbit

Rat

0.100

0.025

0.075

0.029

0

.

14

0.25

0.065

0.10

Chemical

Name

 CAS Number

Acetaldehyde

Acrylamide

Acrylonitrile

Aldrin

Aniline

Arsenic

Azobenzene

Benzene

Benzidine

Benzo (a)pyrene

Benzyl chloride

Beryllium

Bis (2—ethylhexyl) phthalate

Bis(chloroethyl)

ether

Bis(chloromethyl) ether

1,3-Butadiene

Cadmium

Carbon Tetrachloride

Chiordane

Chloroform

0.050

0.025

0.040

0.025

0.07

0. 15

0.030

0.050

0.46

0.31

0.58

0.26

0.32

1.44

0.46

0.66

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)

Category

000075—07—0

000079—06—1

000107—13—1

000309—00—2

000062—53—3

00744 0—38—2

000103—33—3

000071—43—2

000092—87—5

000050—32—8

000100—44—7

007440—41—7

000117—81—7

000111—44—4

000542—88—1

000106—99—0

007440—43—9

000056—23—5

000057—74—9

000067—66—3

0135-0619

Section 232.APPENDIX

C:

32

82

81

82

B2

A

32

A

A

B2

B2

B2

82

B2

A

32

31

82

82

82

38

Chloromethyl Methyl Ether

Chromium

(

VI)

Coke Oven Emissions

Creosote

DDD

DDE

DDT

1,2-Dichloroethane

1, 3—Dichloropropene

Dichiorovos

Dieldrin

Dimethyl Sulfate

1,4—Dioxane

1, 2—Diphenylhydrazme

Epichiorohydrin

Ethylene Dibromide

Folpet

Formaldehyde

Furmecyclox

Heptachlor

Heptachior Epoxide

Hexachlorocyclohexane,

technical

alpha—Hexachlorocyclohexane

Hexachlorodibenzo—p-dioxin

Hydrazine,

 Hydrazine Sulfate

(mixture)

Lead and Compounds

(Inorganic)

4 ,4’-Methylenebis(N,N’-

dimethyl) benzenamine

N—Nitroso-N-methy

1ethylamine

N-Nitroso-di-n-butylamine

N-Nitrosodi-N-propylamine

N-Nitrosodiethanolamine

N-Nitrosodiethylamine

N-Nitrosodimethylamine

N-Nitrosodiphenylamine

N-Nitrosopyrrolidine

Nickel Carbonyl

Nickel Refinery Dust

Nickel Subsulfide

Polychlorinated Biphenyls

Toxaphene

IT IS SO ORDERED.

000107—30—2

18540—29—9

008007—45—2

008001—58—9

000072—54—8

000072—55—9

000050—29—3

000107—06—2

000542—75—6

 000062—73—7

000060—57—1

000077—78—1

000123—91—1

000122—66—7

000106—89—8

000106—93—4

000133—07—3

000050—00—0

060568—05—0

000076—44—8

001024—57—3

000608—73—1

000319—84—6

019408—74—3

B2

000101—61—1

32

010595—95—6

000924—16—3

000621—64—7

001116—54—7

000055—18—5

000062—75—9

000086—30—6

000930—55—2

013463—39—3

007440—02—0

012035—72—2

001336—36—3

008001—35—2

A

A

A

81

B2

B2

B2

32

32

32

B2

82

32

82

82

82

B2

Bi

32

32

32

82

32

B2

82

B2

32

82

132

32

82

32

B2

82

A

A

B2

32

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0135-0620

39

I,

 Dorothy M.

 Gunn, Clerk of the Illinois

Pollution Control

•Board,~hereby certify. that -the above Opinion

~nd

 Order was

adopted on the

~

 day of _________________________

1992 by a vote of

_______________.

Cf

Dorothy

M.

 G14~n, Clerk

Illinois Po~,LutionControl Board

0135-0621

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