BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
)
)
AIR QUALITY STANDARDS
)
R09-19
CLEAN-UP: AMENDMENTS TO
)
(Rulemaking – Air)
35 ILL. ADM. CODE PART 243
)
NOTICE OF FILING
TO:
Mr. John C. Therriault
Mr. Timothy J. Fox
Assistant Clerk of the Board
Hearing Officer
Illinois Pollution Control Board
Illinois Pollution Control Board
100 W. Randolph Street
100 W. Randolph Street
Suite 11-500
Suite 11-500
Chicago, Illinois 60601
Chicago, Illinois 60601
(VIA ELECTRONIC MAIL)
(VIA U.S. MAIL)
(SEE PERSONS ON ATTACHED SERVICE LIST)
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of
the Illinois Pollution Control Board the
PRE-FILED TESTIMONY OF DAVID J.
KOLAZ ON BEHALF OF THE ILLINOIS ENVIRONMENTAL REGULATORY
GROUP
, copies of which are herewith served upon you.
Respectfully submitted,
By:
/s/Alec M. Davis
Dated: April 14, 2009
Alec M. Davis
Alec M. Davis
Katherine D. Hodge
General Counsel
Monica T. Rios
ILLINOIS ENVIRONMENTAL
HODGE DWYER & DRIVER
REGULATORY GROUP
3150 Roland Avenue
215 East Adams Street
Post Office Box 5776
Springfield, Illinois 62701
Springfield, Illinois 62705
(217) 522-5512
(217) 523-4900
THIS FILING SUBMITTED ON RECYCLED PAPER
Electronic Filing - Received, Clerk's Office, April 14, 2009
CERTIFICATE OF SERVICE
I, Alec M. Davis, the undersigned, hereby certify that I have served the attached
PRE-FILED TESTIMONY OF DAVID J. KOLAZ ON BEHALF OF THE
ILLINOIS ENVIRONMENTAL REGULATORY GROUP
, upon:
Mr. John T. Therriault
Assistant Clerk of the Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
via electronic mail on April 14, 2009, and upon:
Mr. Timothy J. Fox
Hearing Officer
Illinois Pollution Control Board
100 W. Randolph Street. Suite 11-500
Chicago, Illinois 60601
Matthew J. Dunn, Chief
Office of the Attorney General
Environmental Bureau North
69 West Washington Street, Suite 1800
Chicago, Illinois 60602
Charles E. Matoesian, Esq.
Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
Virginia Yang, Esq.
Illinois Department of Natural Resources
One Natural Resources Way
Springfield, Illinois 62702
by depositing said documents in the United States Mail, postage prepaid, in Springfield,
Illinois on April 14, 2009.
/s/Alec M. Davis
Alec M. Davis
Electronic Filing - Received, Clerk's Office, April 14, 2009
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
)
)
AIR QUALITY STANDARDS
)
R09-19
CLEAN-UP: AMENDMENTS TO
)
(Rulemaking – Air)
35 ILL. ADM. CODE PART 243
)
PRE-FILED TESTIMONY OF DAVID J. KOLAZ ON
BEHALF OF THE ILLINOIS ENVIRONMENTAL REGULATORY GROUP
NOW COMES the ILLINOIS ENVIRONMENTAL REGULATORY GROUP
(“IERG”), by and through its attorney, Alec M. Davis and submits the following PRE-
FILED TESTIMONY OF DAVID J. KOLAZ for presentation at the April 28, 2009,
hearing scheduled in the above-referenced matter.
Pre-Filed Testimony of David J. Kolaz
I.
INTRODUCTION
My name is David Kolaz, and I am here today to testify on behalf of the Illinois
Environmental Regulatory Group in the matter of the Illinois Environmental Protection
Agency's (“Illinois EPA” or “Agency”) Air Quality Standards Clean-Up (R09-19).
The purpose of my testimony is to describe changes to the Part 243 Air Quality
Standards that, IERG believes, should be part of the clean up included in this rulemaking
and that are not being proposed by the Agency. These changes comport to the Agency’s
stated purpose of having the Part 243 Air Quality Standards conform to USEPA’s
National Ambient Air Quality Standards. I will show that, without these changes, the
wording of the current Part 243 Air Quality Standards is insufficient to avoid
misinterpretation.
I am currently an environmental consultant and a licensed Professional Engineer
in the State of Illinois. My professional experience encompasses over 37 years of
environmental work in various facets of air pollution control. Before leaving State
government in December 2004, I served as Chief of the Bureau of Air for the Illinois
EPA. In this capacity, I was responsible for the planning, development and
implementation of the statewide air pollution control program designed to meet State and
Electronic Filing - Received, Clerk's Office, April 14, 2009
2
federal clean air laws. During my tenure at the Illinois EPA, I was involved with all
aspects of the air pollution control program including air monitoring, the permit program,
emission inventory system, air quality planning, and the compliance and enforcement
program. I am a graduate of the University of Illinois-Champaign with a Bachelor of
Science Degree in Aeronautical and Astronautical Engineering. I also have a Master of
Science Degree in Engineering from Southern Illinois University-Carbondale.
II.
RATIONALE FOR RULEMAKING
In the Agency’s Statement of Reasons, Technical Support Document, the March
10
th
testimony of Mr. Robert Kaleel, and in the response to questions posed at the March
10
th
hearing, the Agency has made it clear that its intent is to have the Part 243 standards
be the same as the federal standards. In this proceeding, the Agency has proposed
additions and changes that pertain to the State’s standards for ozone (O
3
), fine particulate
(PM
2.5
), respirable particulate (PM
10
) and lead (Pb). All of these changes are being made
as a result of changes to the National Ambient Air Quality Standards occurring as long
ago as 1997, in the case of fine particulate and respirable particulate, and as recently as
October 15, 2008 for lead. However, USEPA has also made changes to the air quality
standards for sulfur oxides, nitrogen dioxide and carbon monoxide prior to 1997, which
should be addressed in this rulemaking.
III.
SULFUR OXIDES (SECTION 243.122)
The sulfur oxides standard listed in Section 243.122 is substantially different from
the federal standard it seeks to emulate, as shown in Attachment 1 to this testimony. This
difference is clear from a comparison of Illinois’ sulfur oxides standard to the federal
standard. The USEPA has made several clarifying revisions to the sulfur oxides standard
since its original promulgation on April 30, 1971. The last modification of the federal
standard occurred on May 22, 1996. At that time, USPEA decided that “…revisions of
the NAAQS for sulfur oxides are not appropriate at this time, aside from several minor
technical changes.” 61 Fed. Reg. 25566 (May 22, 1996). It is these technical changes
that IERG contends must now be made to the Illinois sulfur oxide standard to avoid
confusion and possible misinterpretation of the State standard.
Electronic Filing - Received, Clerk's Office, April 14, 2009
3
The USEPA made three technical changes to the sulfur oxides standard, which
should now be adopted by Illinois to meet the Illinois EPA’s stated goal of having
Illinois’ air quality standards mirror those of USEPA. The first technical change was to
add clarifying language to the standard to show that “…the block averaging convention
will be retained…”
Id.
at 25576. The USEPA explains this concept by stating that
“Under the block convention, periods such as 24 hours and 3 hours are measured
sequentially and do not overlap; when one averaging period ends, the next begins.”
Id.
The USEPA goes on to explain its rationale as follows:
Although the wording of the original 24-hour, 3-hour, and annual SO2 standards
may have been ambiguous on the matter, the earliest actions of the EPA signify
that the block averaging convention was intended for these standards (OAQPS,
l986), and block averages have generally been used in implementing the
standards. Given a fixed standard level, the use of the alternative, running
averages, would represent a tightening of the standards (Faoro, 1983; Possiel,
1985). For reasons explained in this notice and in the April 21, 1993, notice on the
secondary NAAQS (58 FR 21351), the Administrator has already determined that
protection of the public health and welfare does not require tightening the existing
standards. Therefore, EPA will retain the block averaging convention for the 24-
hour, 3-hour, and annual standards.
Id.
The second technical clarification USEPA made to its sulfur oxides standard was
to state the standard in terms of parts per million instead of micrograms per cubic meter.
This change makes it clear that the standard should be evaluated in units of parts per
million. This in fact is the approach used by the Illinois EPA as illustrated by the data
summarized in its
2007 Illinois Annual Air Quality Report
. In Table 1: Summary of
National and Illinois Ambient Air Quality Standards, the Illinois EPA only shows the
State and federal air quality standards for gaseous pollutants, such as sulfur dioxide, in
units of parts per million.
Id.
There is no reason to continue to show the State standards in
terms of micrograms per cubic meter. This can cause confusion and errors if the data are
converted to micrograms per cubic meter, and then compared to the standard. The
number of significant digits of the sulfur oxides standard expressed as 365 micrograms
per cubic meter provides a different result than the standard expressed as 0.14 parts per
million. An exceedance of the sulfur oxides standard, written as 365 micrograms per
Electronic Filing - Received, Clerk's Office, April 14, 2009
4
cubic meter, would occur at a value of 366 micrograms per cubic meter. However, 366
micrograms per cubic meter is equal to 0.138 parts per million. Because of the
consideration of significant digits determined from the manner in which the standard is
expressed, if the standard is expressed as 0.14 parts per million, the first exceedance
would not occur until a value of 0.15 parts per million is reached. Consequently, if the
value of 366 micrograms per cubic meter is converted to 0.138 parts per million and then
rounded appropriately to 0.14 parts per million, the conclusion would be reached that the
standard was not exceeded. For this reason, the USEPA chose to avoid possible
confusion and express the standard as parts per million. IERG urges the Board to do
likewise.
The third technical clarification made by USEPA was in regard to rounding
conventions and data completeness and handling conventions. These same changes
should be made to add clarity to the air quality standards. The Illinois EPA is
incorporating these same types of details into the changes to the standards it is proposing.
Therefore, it seems reasonable to take this opportunity to “clean-up” the sulfur oxides
standard as well.
In summary, IERG suggests that the Board incorporate the language from the
federal standard for sulfur oxides into Section 243.122.
IV.
NITROGEN DIOXIDE (SECTION 243.124)
The current Illinois air quality standard for nitrogen dioxide is stated as follows:
The ambient air quality standard for nitrogen dioxide is an annual
arithmetic mean concentration of 100 micrograms per cubic meter (0.05
ppm).
35 Ill. Adm. Code 243.124(a).
The USEPA clarified the standard on June 19, 1985. 50 Fed. Reg. 25544
(June 19, 1985). In that clarification, the USEPA chose to state the standard in
terms of parts per million, and show the micrograms per cubic meter equivalent
parenthetically.
Id.
Attachment 2 shows a comparison of the State nitrogen
dioxide air quality standard to the federal standard. The federal standard is
Electronic Filing - Received, Clerk's Office, April 14, 2009
5
expressed as 0.053 parts per million (100 micrograms per cubic meter), and also
includes the same type of rounding conventions and data completeness and
handling conventions described for the sulfur oxides standard. These also are the
same types of conventions that the Illinois EPA is proposing for the standards that
it is proposing to add or change.
IERG recommends that the State air quality standard for nitrogen dioxide
be changed to better conform to the federal standard shown in Attachment 2, with
the exception that the standard not be expressed in micrograms per cubic meter.
This deviation should not cause confusion, and instead will better represent the
current thinking of the USEPA as expressed in its air quality standard setting
actions conducted since the time the nitrogen dioxide standard was last revisited.
Furthermore, this change in both the numerical value of the standard (0.053 parts
per million), and the units of the standard, reflects the practice now used by the
Illinois EPA. Its
2007 Illinois Annual Air Quality Report
, Table 1: Summary of
National and Illinois Ambient Air Quality Standards, shows the nitrogen dioxide
State and federal standards as being 0.053 parts per million. Nowhere is the
standard expressed as 100 micrograms per cubic meter.
Furthermore, the USEPA is under a judicial consent decree that requires
the USEPA to propose, by June 26, 2009, whether the nitrogen dioxide standard
should be revised. A final rule on this topic must be issued by January 22, 2010.
It is possible that there may be further changes regarding the federal nitrogen
dioxide standard. But in the meantime, the State standard would better reflect the
current status if the changes IERG suggests are made.
V.
CARBON MONOXIDE (SECTION 243.123)
Attachment 3 shows a comparison of the Illinois air quality standard for carbon
monoxide to the federal standard. The USEPA has included the same type of rounding
conventions and data completeness and handling conventions described previously for
the sulfur oxides and nitrogen dioxide standards. Also, the USEPA shows the federal
carbon monoxide air quality standard in parts per million, and parenthetically in
Electronic Filing - Received, Clerk's Office, April 14, 2009
6
milligrams per cubic meter. The Illinois standard is shown in terms of milligrams per
cubic meter and parenthetically as parts per million.
IERG recommends that the State air quality standard for carbon monoxide
be changed to better conform to the federal standard shown in Attachment 3, with
the exception that the standard not be expressed in milligrams per cubic meter.
This deviation should not cause confusion, and instead will better represent the
current thinking of the USEPA as expressed in its air quality standard setting
actions conducted since the time the carbon monoxide standard was last revisited.
Furthermore, this change better reflects the practice now used by the Illinois EPA.
Its
2007 Illinois Annual Air Quality Report
, Table 1: Summary of National and
Illinois Ambient Air Quality Standards, shows the carbon monoxide State and
federal standards in terms of parts per million. Nowhere in the Report is the
standard expressed in terms of milligrams per cubic meter.
VI.
SUMMARY AND CONCLUSION
IERG supports the actions of the Illinois EPA and the Board to “clean-up” the
State’s air quality standards by making the appropriate revisions necessary to update the
State standards to comport to those of the USEPA. In doing so, IERG encourages the
additional modifications described in my testimony to help avoid any possibility of
misinterpretation.
Thank you for your consideration of this testimony.
Respectfully submitted,
By:
/s/Alec M. Davis
Dated: April 14, 2009
Alec M. Davis
Alec M. Davis
Katherine D. Hodge
General Counsel
Monica T. Rios
Illinois Environmental Regulatory Group
HODGE DWYER & DRIVER
215 East Adams Street
3150 Roland Avenue
Springfield, Illinois 62701
Post Office Box 5776
(217) 522-5512
Springfield, Illinois 62705-5776
(217) 523-4900
Electronic Filing - Received, Clerk's Office, April 14, 2009
ATTACHMENT 1
COMPARISON OF THE STATE SULFUR OXIDE AIR QUALITY
STANDARDS TO THE RELEVANT PORTIONS OF THE NAAQS
POLLUTANT
AGENCY PROPOSAL
USEPA NAAQS
Dioxide
(Section
243.122)
a) Primary Standards. The primary
ambient air quality standards for sulfur
oxides measured as sulfur dioxide are:
1) An annual arithmetic mean
concentration of 80 micrograms per cubic
meter (0.03 ppm); and,
2) A maximum 24-hour concentration not
to be exceeded more than once per year
of 365 micrograms per cubic meter (0.14
ppm).
b) Secondary Standard. The secondary
ambient air quality standard for sulfur
oxides measured as sulfur dioxide is a
maximum 3-hour concentration not to be
exceeded more than once per year of
1,300 micorgrams (sic) per cubic meter
(0.5 ppm).
(a) The level of the annual standard is
0.030 parts per million (ppm), not to be
exceeded in a calendar year. The annual
arithmetic mean shall be rounded to three
decimal places (fractional parts equal to
or greater than 0.0005 ppm shall be
rounded up).
(b) The level of the 24-hour standard is
0.14 parts per million (ppm), not to be
exceeded more than once per calendar
year. The 24-hour averages shall be
determined from successive
nonoverlapping 24-hour blocks starting at
midnight each calendar day and shall be
rounded to two decimal places (fractional
parts equal to or greater than 0.005 ppm
shall be rounded up).
. . .
(d) To demonstrate attainment, the annual
arithmetic mean and the second-highest
24-hour averages must be based upon
hourly data that are at least 75 percent
complete in each calendar quarter. A 24-
hour block average shall be considered
valid if at least 75 percent of the hourly
averages for the 24-hour period are
available. In the event that only 18, 19,
20, 21, 22, or 23 hourly averages are
available, the 24-hour block average shall
be computed as the sum of the available
hourly averages using 18, 19, etc. as the
divisor. If fewer than 18 hourly averages
are available, but the 24-hour average
would exceed the level of the standard
when zeros are substituted for the missing
values, subject to the rounding rule of
paragraph (b) of this section, then this
shall be considered a valid 24-hour
average. In this case, the 24-hour block
average shall be computed as the sum of
the available hourly averages divided by
24.
(40 C.F.R. § 50.4, 5/22/1996)
Electronic Filing - Received, Clerk's Office, April 14, 2009
ATTACHMENT 2
COMPARISON OF THE STATE NITROGEN DIOXIDE AIR
QUALITY STANDARDS TO THE RELEVANT PORTIONS OF THE
NAAQS
POLLUTANT
AGENCY PROPOSAL
USEPA NAAQS
Nitrogen
Dioxide
(Section
243.124)
a) Standard. The ambient air quality
standard for nitrogen dioxide is an annual
arithmetic mean concentration of 100
micrograms per cubic meter (0.05 ppm).
(a) The level of the national primary
ambient air quality standard for nitrogen
dioxide is 0.053 parts per million (100
micrograms per cubic meter), annual
arithmetic mean concentration.
(b) The level of national secondary
ambient air quality standard for nitrogen
dioxide is 0.053 parts per million (100
micrograms per cubic meter), annual
arithmetic mean concentration.
. . .
(d) The standards are attained when the
annual arithmetic mean concentration in a
calendar year is less than or equal to
0.053 ppm, rounded to three decimal
places (fractional parts equal to or greater
than 0.0005 ppm must be rounded up). To
demonstrate attainment, an annual mean
must be based upon hourly data that are at
least 75 percent complete or upon data
derived from manual methods that are at
least 75 percent complete for the
scheduled sampling days in each calendar
quarter.
(40 C.F.R. § 50.11, 6/19/1985)
Electronic Filing - Received, Clerk's Office, April 14, 2009
ATTACHMENT 3
COMPARISON OF THE STATE CARBON MONOXIDE AIR
QUALITY STANDARDS TO THE RELEVANT PORTIONS OF THE
NAAQS
POLLUTANT
AGENCY PROPOSAL
USEPA NAAQS
Carbon
Monoxide
(Section
243.123)
a) Standards. The ambient air quality
standards for carbon monoxide are:
1) A maximum 8-hour concentration not
to be exceeded more than once per year
of 10 milligrams per cubic meter (9
ppm); and,
2) A maximum 1-hour concentration not
to be exceeded more than once per year
of 40 milligrams per cubic meter (35
ppm).
(a) The national primary ambient air
quality standards for carbon monoxide
are:
(1) 9 parts per million (10 milligrams per
cubic meter) for an 8-hour average
concentration not to be exceeded more
than once per year and
(2) 35 parts per million (40 milligrams per
cubic meter) for a 1-hour average
concentration not to be exceeded more
than once per year.
. . .
(c) An 8-hour average shall be considered
valid if at least 75 percent of the hourly
average for the 8-hour period are
available. In the event that only six (or
seven) hourly averages are available, the
8-hour average shall be computed on the
basis of the hours available using six (or
seven) as the divisor.
(d) When summarizing data for
comparision (sic) with the standards,
averages shall be stated to one decimal
place. Comparison of the data with the
levels of the standards in parts per million
shall be made in terms of integers with
fractional parts of 0.5 or greater rounding
up.
(40 C.F.R. § 50.8, 9/13/1985)
Electronic Filing - Received, Clerk's Office, April 14, 2009