(3/1 9/2009) John
Then1au- Letter To Illinois
Envonment Protecfion Agency Requesting
Action on NOXRUS
Pagejj
From:
<Doty.EdwardcepamaiI.epa.gov>
To:
<girardt@ipcb.state.il.us>
CC:
<therriaj©ipcb.state.il.us>
Date:
3/18/2009 10:52 AM
Subject:
Letter
To
Illinois Environmental Protection
Agency Requesting Action
on NOxRules
Attachments:
Sanctions
Letter.pdf
-_
1
q,
Dr. Girard:
Environmental
I recently prepared
Protectionthe
attached
Agency,
letter,
requesting
sent to
expedited
the Illinois
action
on the
g
—
,
P
State’s Nitrogen Oxides
Reasonably Available Control Technology
rules to
avoid
the
implementation of sanctions for failure to submit required
rules. I intended to include you for a
carbon
copy
of the letter.
is
Unfortunately,your
copy.
your
cc
disappeared during editing of the letter. Hear
r$
if
a
Edward Doty
(See
attached file: Sanctions Letter.pdf)
Pollution
STATE
Op
ST
41
.
UNITED
STATES
ENVIRONMENTAL
PROTECTION
A
REGION
5
77
WEST
JACKSON
BOULEVARD
pç
9
CHICAGO.
IL
6D6O4359O
9
2009
STATE
OF
ILLINOIS
MAR
1
2
2089
POIlUtan
Control
Board
REPLY TO
THE A
TTENflON CF
R-19J
Douglas
P.
Scott,
Director
Illinois
Environmental
Protection
Agency
1021
North
Grand
Avenue
East
P.O.
Box
19276
Springfield,
Illinois
62794-9276
Dear
Mr.
Scott:
The State
of Illinois
needs
to
address
the
findings
of
failure to
submit required
ozone
State
Implementation
Plan
(SIP) elements
previously
identified
by
the
U.S. Environmental
Protection
Agency
in
a
March
17,
2008, letter
and
in a March
24,
2008,
final rule (73
FR 15416).
The
final
rule began
a sanctions
clock
that, if not terminated
or stayed by
EPA, will
result
in the
implementation
of
several sanctions
in
the Chicago
and
Metro-East
St. Louis
8-hour ozone
nonattainment
areas,
as early as
September
2009.
1 am
sending
this letter
to request
expedited
action by
the Illinois
Environmental
Protection
Agency
(IEPA) and
the Illinois
Pollution
Control
Board (IPCB)
to
complete
the
ozone
SIP development
and
adoption
process
for the missing
SIP
elements
(discussed
below)
to
avoid
implementation
of
sanctions.
Failure to
submit
the following
SIP
elements
were identified
in
the March
17,
2008,
letter
and
the
March 24,
2008,
final rule.
1.
Chicago
ozone nonattainment
area:
a.
an
8-hour
ozone Reasonable
Further
Progress (RFP)
plan
b.
an
8-hour
ozone attainment
demonstration
c.
Volatile Organic
Compounds
(VOC)
Reasonably
Available
Control Technology
(RACT)
rule
certification
(or new
rules
for source
categories
lacking existing
RACT
rules) for
source
categories
covered
by Control
Technique
Guidelines
(CTGs)
issued
prior
to September
15,
2006,
or for
major non-CTG
sources
d.
Nitrogen
Oxides (NOx)
RACT
rules
2.
Metro-East
St.
Louis ozone
nonattainment
area:
a.
NOx
RACT
rules
The
specific
timing for the
various
sanctions
that
could
be
triggered if
Illinois
continues
to
fail
to
adopt
and
submit
the
required
SIP
elements
are as
follows.
RecyctedlRecyclable
• Printed
wth
Vegetabte
Cit Based
Inks
on
100%
Recycted
Paper 50 PostconsiJrner)
2
If,
by
September
24,
2009,
Illinois
has
not
submitted
all
of
the
required
SIP
elements
listed
above
(including
final, adopted
VOC
and
NOx
RACT
rules
where
applicable),
pursuant
to
section
179(a)
of
the
Act
and
40
CFR
52.31,
the
new
source
offset
sanction,
identified
in
section
I
79(b)(2)
of
the
Act,
will
apply
in
the
Chicago
and
Metro-East
St.
Louis
areas.
The
increased
new
source
emissions
offset ratio
(2:1)
will
make
it
more
difficult
for
new
sources
to
locate
in
the
nonattainment
areas.
If,
by
six
months
after
imposition
of
the
first
sanction,
Illinois
has
not
submitted
the
required
SIP
elements,
highway
sanctions
will
be
implemented
in
accordance
with
40
CFR
52.31. This
may
adversely
affect
Federal
funding
of new
highway
projects,
including
highway
project
funding
under
the
American
Recovery
and
Reinvestment
Act
of
2009,
and
would
restrict
the
types
of
highway
projects
that
the
State
and
local
governments
can
implement.
Finally,
if by
March
24,
2010,
Illinois
has
not
submitted
the
required
SIP
elements
and
EPA
has
not
approved
these
SIP
revisions,
section
110(c)
of
the
Act
provides
for
EPA
to
promulgate
Federal
Implementation
Plans
(FIPs)
to
replace
the
missing
SIP
elements.
If
it
is
necessary
for
EPA
to promulgate
a
FIP,
EPA
may pay
the
costs
of developing
and
promulgating
this
plan
with
section
105
funds
that
would
otherwise
be
given
to
Illinois.
EPA is very
concerned
that
the
time
available
to
avoid
the
implementation
of
sanctions
in
this
case
is very short.
We
look
forward
to
working
closely
with
illinois
to
ensure
that
the
Act’s
requirements
are
met
in
a timely
manner
and
to
avoid
adverse
consequences
of
failure
to
do
so.
If
you
have
any
questions
about
this
issue,
please
contact
me
or
Cheryl
Newton
at
312-353-6730.
Sincely,
/
/
Bharat
Mathur
Acting
Regional
Administrator
cc:
Laurel
Kroack,
Director
Bureau
of
Air,
Illinois
EPA