ILLINOIS POLLUTION CONTROL BOARD
February 19, 2009
IN THE MATTER OF:
AIR QUALITY STANDARDS CLEAN-UP:
AMENDMENTS TO 35 ILL. ADM. CODE
PART 243
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R09-19
(Rulemaking - Air)
ORDER OF THE BOARD (by A.S. Moore):
On January 20, 2009, the Illinois Environmental Protection Agency (Agency) filed a
motion to amend its rulemaking proposal (Mot.).
1
The Agency originally filed this proposal on
December 1, 2008, and the Board accepted it for hearing in an order dated December 18, 2008.
Generally, the Agency proposes to amend Part 243 of the Board’s air pollution regulations (35
Ill. Adm. Code 243) to incorporate new federal air quality standards.
The Agency argues that, while the proposed amendment may affect sources throughout
the state, it “simply incorporates the addition of a new federal standard which is currently
applicable throughout the nation.” Mot. at 2. The Agency further argues that the proposed
MOTION TO AMEND
The Agency states that it moves to amend its proposal in order to include in Part 243 a
new National Ambient Air Quality Standard (NAAQS) for lead recently adopted by the United
State Environmental Protection Agency (USEPA). Mot. at 1, citing 73 Fed. Reg. 66964 (Nov.
12, 2008) (final rule).
Specifically, the Agency seeks to amend its original proposal by adding language that
replaces the existing air quality standard for lead with the new NAAQS of “0.15 micrograms per
cubic meter, as determined as a maximum rolling three month average evaluated over a three
year period.” Mot. at 2;
see
35 Ill. Adm. Code 243.126(a), Mot. at 3. The Agency also proposes
to amend its proposal by adding language providing that measurements by the atomic absorption
spectrometry or equivalent method described in the Code of Federal Regulations (CFR) must be
used to determine compliance with the new standard. Mot. at 2, citing 40 C.F.R. 50 Appendices
G, Q; 35 Ill. Adm. Code 243.126(b), Mot. at 3. Finally, the Agency also seeks to amend its
original proposal by including in materials incorporated by reference a citation to the provisions
of the CFR codifying the new standard. Mot. at 2;
see
40 C.F.R. 50, 51, 53, 58 (National
Ambient Air Quality Standards for Lead; Final Rule); 73 Fed. Reg. 66964 (Nov. 12, 2008); 35
Ill. Adm. Code 243.108; Mot. at 3 (proposing new subsection 243.108(k)).
1
Also on January 20, 2009, the Agency filed a motion to reschedule the first hearing, which the
Board had set to take place on Tuesday, February 3, 2009. The Agency effectively requested
that the Board postpone the first hearing to Tuesday, March 10, 2009, which had been the
scheduled date of the second hearing. In an order dated January 30. 2009, the hearing officer
granted the Agency’s motion and rescheduled the hearing as requested.
2
amendment imposes no new requirements on sources, has been thoroughly analyzed in the
course of its adoption by USEPA, and “is well known to industry.”
Id
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DISCUSSION
Section 101.500(d) of the Board’s procedural rules provides in pertinent part that,
“[w]ithin 14 days after service of a motion, a party may file a response to the motion. If no
response is filed, the party will be deemed to have waived objection to the granting of the
motion, but the waiver of objection does not bind the Board or the hearing officer in its
disposition of the motion.” 35 Ill. Adm. Code 101.500(d). The Board has received no response
to the Agency’s motion to amend its rulemaking proposal.
The Board grants the Agency’s motion to amend and accepts the Agency’s amendments
to its rulemaking proposal. As provided in the hearing officer order of January 30, 2009, the
Board will conduct its first hearing on the Agency’s amended proposal on Tuesday, March 10,
2009, in Chicago.
IT IS SO ORDERED.
I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board adopted the above order on February 19, 2009, by a vote of 5-0.
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John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
