BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
TN
THE
MATTER
OF:
)
I
R9
AMENDMENTS
TO 35 ILL.
ADM.
CODE
218,
)
(Rulemaking-Air)
ORGANIC
MATERIAL
EMISSION
)
STANDARDS
FOR
THE CHICAGO
AREA,
)
35 ILL.
ADM.
CODE
219,
ORGANIC
)
RKs
OFFICE
MATERIAL
EMISSION
STANDARDS
FOR
)
JUL
(1
)f(39
THE
METRO EAST
AREA,
AND
)
35
ILL.
ADM. CODE
211
)
CO)tIol
Board
TABLE
OF CONTENTS
1.
Notice of
Filing
2.
Appearances
of Dana
Vetterhoffer,
Assistant
Counsel for
the
Illinois
Environmental
Protection
Agency,
and
John
Kim, Chief
Legal
Counsel
for the Illinois
Environmental
Protection
Agency
3.
Proposal of
Regulations
by
Director
Douglas
P. Scott
4.
Certification
of Required
Rule
5.
Certification
of Origination
6.
Agency
Analysis
of Economic
and
Budgetary
Effects
7.
Motion
for
Waiver
of
Requirements
8.
Statement
of
Reasons
9.
ProposedAmendmentsto
35111.
Adm.
Code Parts
211, 218,
and 219
10.
Technical Support
Document
for Controlling
VOM
Emissions
from
Lithographic
Printing,
Letterpress
Printing,
Flexible
Package
Printing,
Flat Wood
Paneling
Coating,
and Industrial
Cleaning
Operations,
Illinois
Environmental
Protection
Agency,
June
2009
11.
Documents
Relied
Upon:
Control
Techniques
Guidelines
for Offset
Lithographic
Printing
and
Letterpress
Printing,
United
States
Environmental
Protection
Agency,
Office
of Air
Quality
Planning
and Standards,
Research
Triangle
Park,
NC,
September
2006.
1
Control Techniques
Guidelines
for
Flexible
Package
Printing,
United
States
Environmental
Protection
Agency,
Office
of Air Quality
Planning
and Standards,
Research
Triangle
Park,
NC,
September
2006.
Control
Techniques
Guidelines:
Industrial
Cleaning
Solvents,
United
States
Environmental
Protection
Agency,
Office of Air
Quality
Planning
and
Standards,
Research
Triangle
Park,
NC, September
2006.
Control
Techniques
Guidelines
for
Flat
Wood
Paneling
Coatings,
United
States
Environmental
Protection
Agency,
Office
of Air Quality
Planning
and Standards,
Research
Triangle
Park,
NC,
September
2006.
Technical
Support
Document
for Controlling
VOM
Emissions
from Lithographic
Printing
Operations,
Illinois
Environmental
Protection
Agency,
Air
Quality
Planning
Section,
Springfield,
IL,
October
1994.
Control
Techniques
Guideline
Series:
Control
of
Volatile
Organic
Compound
Emissions
from
Offset Lithographic
Printing
(DRAFT),
United
States
Environmental
Protection
Agency,
Office
of Air
Quality
Planning
and Standards,
Research
Triangle
Park,
NC,
September
1993.
Control
ofvolatile
organic
compound
emissions
from
industrial
solvent
cleaning
operations
(Proposed),
Ohio
Administrative
Code
3745-21-23
(February
2, 2009).
12. Motion
for Expedited
Review
13. Certificate
of Service
14. Notices
of
Proposed Amendments
15. Disk in
Microsoft
WORD
containing
Agency’s
Proposed
Amendments
to Parts
211,
218,
and
219,
and Notices
of Proposed
Amendments.
2
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
TN
THE
MATTER
OF:
AMENDMENTS
TO
35
ILL.
AIIM.
CODE
218,
ORGANIC MATERIAL
EMISSION
STANDARDS
FOR
THE
CHICAGO AREA,
35
ILL.
ADM.
CODE
219,
ORGANIC
MATERIAL
EMISSION
STANDARDS
FOR
THE
METRO EAST
AREA, AND
35
ILL.
ADM.
CODE
211
To:
John
Therriault,
Assistant
Clerk
Illinois
Pollution
Control
Board
James
R.
Thompson
Center
100
West
Randolph,
Suite
11-500
Chicago,
Illinois
60601-3218
NOTICE
JUL
U
9
20Q9
STATE
oiiutj,,
Matthew
Dunn,
Chief
Division
of
Environmental
Enforcement
Office
of
the Attorney
General
188
West
Randolph,
20t
Floor
Chicago,
IL
60601
Virginia
Yang
Deputy
Legal
Counsel
Illinois
Department
of Natural Resources
One
Natural
Resources
Way
Springfield,
IL
62702
PLEASE
TAKE
NOTICE
that
I
have
today
filed with
the
Office
of the
Pollution
Control
Board
the
REGULATORY
PROPOSAL entitled
“AMENDMENTS
TO
35
ILL. ADM.
CODE
218,
ORGANIC MATERIAL
EMISSION
STANDARDS
FOR
THE
CHICAGO
AREA,
35
ILL.
ADM.
CODE
219,
ORGANIC
MATERIAL
EMISSION
STANDARDS
FOR
THE
METRO
EAST
AREA, AND
35
ILL.
ADM.
CODE
211,”
MOTION
FOR
WAIVER,
MOTION
FOR
EXPEDITED
REVIEW,
and APPEARANCES
of the
Illinois
Environmental
Protection
Agency,
a
copy
of
which
is herewith
served
upon
you.
Respectfully
submitted,
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
By:
Dana
Vetterhoffer
//
Assistant
Counsel
Division
of Legal
Counsel
)
(Rulemaking-Air)
)
)
)
)
)
)
DATED:
Ju’y
8,
2009
1021 N.
Grand
Ave.
East
P.O.
Box 19276
Springfield,
IL
62794-9276
(217)
782-5544
THIS
FILING
IS
SUBMITTED
ON
RECYCLED
PAPER
BEFORE THE ILLINOIS
POLLUTION
CONTROL
BOARD
IN THE
MATTER OF:
)
R9’
AMENDMENTS TO
35 ILL. ADM. CODE
218,
)
(Rulemaking-Air)
ORGANIC MATERIAL
EMISSION
)
STANDARDS
FOR THE CHICAGO
AREA,
)
35 ILL. ADM.
CODE
219,
ORGANIC
)
FICE
MATERIAL
EMISSION
STANDARDS
FOR
)
JUL
(19
2009
THE METRO
EAST AREA, AND
)
35 ILL.
ADM.
CODE
211
)
PotId
APPEARANCE
The undersigned hereby
enters
her
appearance
as an
attorney
on behalf
of
the
Illinois
Environmental
Protection
Agency.
Respectfully
submitted,
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
By:
Dana Vetterhoffer
//
Assistant
Counsel
Division
of Legal
Counsel
DATED: July 8,
2009
1021 N.
Grand
Ave.
East
P.O.
Box
19276
Springfield,
IL
62794-9276
(217)
782-5544
BEFORE THE
ILLINOIS
POLLUTION
CONTROL
BOARD
IN
THE
MATTER
OF:
AMENDMENTS
TO 35
ILL.
ADM.
CODE
218,
ORGANIC
MATERIAL
EMISSION
STANDARDS
FOR
THE
CHICAGO
AREA,
35
ILL. ADM.
CODE
219,
ORGANIC
MATERIAL EMISSION
STANDARDS
FOR
THE
METRO EAST
AREA,
AND
35
ILL.
ADM.
CODE
211
JUL.
9
2Uo
DATED:
July
8,
2009
1021
N.
Grand
Ave.
East
P.O.
Box
19276
Springfield, IL
62794-9276
(217)
782-5544
Respectfully
submitted,
ILLINOIS
ENVIRONMENTAL
PROTECTION A
Chief
Legal
Counsel
Division
of
Legal
Counsel
L0
)
(Rulemaking-Air)
)
)
)
)
)
)
APPEARANCE
The
undersigned hereby
enters
his
appearance
as
an
attorney
on behalf
of
the
Illinois
Environmental Protection Agency.
By:
BEFORE THE ILLINOIS
POLLUTION
CONTROL BOARD
IN THE MATTER OF:
AMENDMENTS TO 35 ILL. ADM. CODE 218,
)
(Rulemaking-Air)
ORGANIC MATERIAL EMISSION
)
STANDARDS FOR THE CHICAGO AREA,
)
CLE,
01
D
35
ILL.
ADM. CODE
219,
ORGANIC
)
MATERIAL
EMISSION
STANDARDS FOR
)
uL
09
jJfJ9
35
THE
ILL.
METRO
ADM.
EASTCODEAREA,
211
AND
))
POllutionSTATE
OF
Control
ILLINOiS
Board
ILLINOIS ENVIRONMENTAL
PROTECTION
AGENCY PROPOSAL
OF
REGULATIONS
The Illinois Environmental
Protection
Agency moves
that the Illinois Pollution
Control
Board adopt the attached regulations.
Respectfully
submitted,
ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY
By:
/i.&3
Of
2
C’
Dou
as P. Scott
Director
DATED: June
29
, 2009
1021 N.
Grand Ave. East
P.O.
Box 19276
Springfield,
IL 62794-9276
(217)
782-5544
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
IN
THE
MATTER
OF:
)
O6
R9
AMENDMENTS
TO
35
ILL.
ADM.
CODE
218,
)
(Rulemaking-Air)
ORGANIC
MATERIAL
EMISSION
)
R
E
C
STANDARDS
FOR
THE
CHICAGO
AREA,
)
CLERKIcYP
35
ILL.
ADM.
CODE
219,
ORGANIC
)
MATERIAL
EMISSION
STANDARDS
FOR
)
JUL
0
2009
THE
METRO
EAST
AREA,
AND
)
STATE
OF
ILUNOIS
35
ILL.
ADM.
CODE
211
)
Pollutbn
Control
Board
CERTIFICATION
OF
REQUIRED
RULE
The
Illinois
Environmental
Protection
Agency
certifies
in
accordance
with
35
Iii.
Adm.
Code102.202(h)
and
102.500,
and
415
ILCS
5/28.2(b),
that
it
believes
that
this
proposal
for
amendments
to
35
Ill.
Adm.
Code
211,
218,
and
219
is
a
federally
required
rule
under
Sections
172(c)(1)
and
182(b)(2)
of
the
Clean
Air
Act
(“CAA”).
42
U.S.C.
§
7502(c)(1)
and
751
1a(b)(2).
The
proposal
for
amendments
is
needed
to
satisfy
Illinois’
obligation
to
submit
a
State
Implementation
Plan
(“SIP”)
for
sources
of
volatile
organic
materials
(“VOM”)
emissions
in
areas
designated
as
nonattainment
with
respect
to
the
ozone
National
Ambient
Air
Quality
Standard
(“NAAQS”).
Section
172(c)(1)
of
the
CAA
provides
that
states
must
include
in
their
SIPs
for
nonattainment
areas
“reasonably
available
control
measures,”
including
“reasonably
available
control
technology”
(“RACT”),
for
sources
of
emissions.
42
U.S.C.
§
7502(c)(1).
Section
1
82(b)(2)
of
the
CAA
provides
that,
for
ozone
nonattainment
areas,
the
State
must
revise
its
SIP
to
include
RACT
for
sources
of
VOM
emissions
covered
by
a
control
techniques
guideline
(“CTG”)
issued
between
November
15,
1990,
and
the
date
of
attainment.
42
U.S.C.
§
751
la(b)(2).
The
proposed
amendments
are
intended
to establish
RACT
requirements
for
Group
II
Consumer
and
Commercial Product
categories
in response
to
CTGs
issued
by
the United
States
Environmental Protection
Agency
for
such
categories,
and
thereby
satisfy
the CAA
requirements
described
above.
Respectfully
submitted,
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
By:
E2-
Dana Vetterhoffer
//
Assistant
Counsel
Division
of
Legal
Counsel
DATED:
July 8,
2009
1021 N.
Grand
Ave.
East
P.O.
Box
19276
Springfield,
IL
62794-9276
(217)
782-5544
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
IN
THE
MATTER
OF:
)
R9
AMENDMENTS
TO
35 ILL.
ADM.
CODE
218,
)
(Rulemaking-Air)
ORGANIC
MATERIAL
EMISSION
)
STANDARDS
FOR
THE
CHICAGO
AREA,
)
35
ILL.
ADM.
CODE 219,
ORGANIC
)
CLp<s
MATERIAL
EMISSION
STANDARDS
THE
FOR
)
JUL
u
i
METRO
EAST
AREA,
AND
)
2Ug
35
ILL.
ADM.
CODE
211
)
p,TtV
;‘ois
CERTIFICATION
OF
ORIGINATION
The
Illinois
Environmental
Protection
Agency
certifies
in
accordance
with
35
Ill.
Adm.
Code
102.202(i)
that
this
proposal
for
amendments
to
35
Iii.
Adm.
Code
211,
218,
and
219
amends
the most
recent
version
of
the
rules
as
published
on the
Illinois
Pollution
Control
Board’s
website.
Respectfully
submitted,
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
By:
Dana
Vetterhoffer//
Assistant
Counsel
Division
of
Legal
Counsel
DATED:
July
8,
2009
1021
N. Grand
Ave.
East
P.O.
Box
19276
Springfield,
IL
62794-9276
(217)
782-5544
Agency
Analysis
of
Economic
and
Budgetary
Effects
of
Proposed
Rulemaking
Agency:
Illinois
Pollution Control
Board
Part/Title:
Definitions
and General Provisions
(35 Ill. Adm.
Code Part
211)
JUL
U
9
2(109
..,
Poiij
01
sTATE
ILLINO,5
Illinois
Register Citation:
Ofltrol
Please
attempt
to provide as dollar-specific
responses
as possible
and feel free to
add any relevant
explanation.
Anticipated
effect
on State expenditures
and revenues.
(a)
Current
cost to the agency for
this program/activity.
$
0 per year
(approximately)
(b)
If this rulemaking
will result in an increase
or decrease
in
cost,
specif’
the
fiscal year in
which this
change will first occur and
the dollar
amount of the effect.
N/A
(c)
Indicate the funding
source, including
Fund
and
appropriation lines,
for this
program/activity.
N/A
(d)
If an increase
or decrease in
the costs
of another
State agency
is anticipated, specif’
the
fiscal
year in which this
change will first
occur and the estimated
dollar amount
of the
effect.
N/A
(e)
Will this rulemaking
have any
effect on State revenues
or expenditures
not already
indicated
above?
No
2.
Economic effect on
persons affected
by
the
rulemaking:
(a)
Indicate
the economic effect
and
specifi the
persons affected:
Positive
Negative
No effect
X
Persons
affected:
Owners
and operators
of
affected
lithographic printers,
letterpress
printers, flexible package
printers,
flat
wood
paneling coaters, and
sources
using
industrial cleaning
solvents.
Dollar
amount per person:
0
Total statewide cost:
0
(b)
If an economic
effect is predicted,
please
briefly describe
how
the effect
will occur.
N/A
(c)
Will
the rulemaking
have
an
indirect
effect
that
may
result
in
increased
administrative
costs?
No
Will there
be
any
change
in
requirements
such as
filing,
documentation,
reporting
or completion
of forms?
No
The
proposed
changes
to
Part
211
should
have no
indirect
effect
that may
result
in
increased
administrative
costs.
Agency
Analysis
of Economic
and
Budgetary
Effects
of
Proposed
Rulemaking
Agency:
illinois
Pollution
Control
Board
Part/Title:
Organic
Material
Emission
Standards
and
Limitations
for
the Chicago
Area
(35
UI.
Adm.
Code
Part
218)
illinois
Register
Citation:
Please
attempt
to provide
as
dollar-specific
responses
as possible
and
feel free
to add
any relevant
explanation.
Anticipated
effect
on
State expenditures
and
revenues.
(a)
Current
cost
to
the
agency
for
this
program/activity.
--S50,300
per year
(b)
If
this rulemaking
will
result
in an increase
or decrease
in cost,
specify
the
fiscal
year in
which this
change
will
first
occur
and
the dollar
amount
of
the
effect.
N/A
(c)
Indicate
the
funding
source,
including
Fund
and appropriation
lines,
for
this
program/activity.
N/A
(d)
If an
increase
or decrease
in the
costs
of another
State
agency
is anticipated,
specify
the
fiscal year
in
which this
change
will
first occur
and
the
estimated
dollar
amount
of
the
effect.
N/A
(e)
Will this
rulemaking
have
any
effect
on
State
revenues
or
expenditures
not
already
indicated
above?
No
2.
Economic
effect
on persons
affected
by the
rulemaking:
(a)
Indicate
the
economic
effect
and
specify
the persons
affected:
Positive
—
Negative
X
No effect
Persons
affected:
See list
of potentially
affected
sources
in
TSD.
Dollar
amount
per person:
Affected
lithographic
printers:
$0-85
5/ton
Affected
letterpress
printers:
$0-855/ton
Affected
flexible
package
printers:
$0-2800/ton
Affected
flat
wood
paneling
coaters:
$0-2600/ton
Affected
industrial
cleaning
solvent
users:
Probable
cost
savings
Total
statewide
cost:
Affected
lithographic
printers:
$3
08/day
Affected
letterpress
printers:
$4/day
Affected
flexible
package
printers:
$84/day
Affected
flat
wood
paneling
coaters:
$13
0/day
Affected industrial
cleaning solvent
users:
Probable cost
savings
(b)
If
an
economic
effect
is
predicted,
please
briefly
describe
how the effect
will
occur. Costs
due to
control
measures
for
newly-affected
sources, as
described
inTSD.
(c)
Will
the
rulemaking
have an
indirect
effect
that
may
result
in increased
administrative
costs?
Will
there be
any change
in
requirements
such
as
filing, documentation,
reporting
or completion
of
forms?
The rulemaking
will require
a smallamount
of
additional
reporting
but
should
have no
more
than a
negligible
indirect
effect
that may
result
in
increased
administrative
costs.
Agency
Analysis of
Economic and
Budgetary
Effects of Proposed Rulemaking
Agency:
Illinois Pollution
Control Board
Part/Title:
Organic Material Emission
Standards
and Limitations for the Metro East Area
(35 Ill. Adm.
Code Part 219)
Illinois
Register Citation:
Please attempt to
provide as dollar-specific
responses as possible and feel free to add
any
relevant
explanation.
Anticipated
effect on State expenditures
and
revenues.
(a)
Current cost to the
agency for this program/activity.
—$5,50O
per year
(b)
If this rulemaking will
result in an increase or decrease in cost,
specify the
fiscal
year in which this change will first occur and the
dollar
amount of the effect.
N/A
(c)
Indicate the
funding source, including Fund and appropriation lines, for this
program/activity.
N/A
(d)
If
an increase
or decrease in the
costs
of another State agency is anticipated,
specifi the fiscal year in which this change will
first
occur and the estimated
dollar amount of
the effect. N/A
(e)
Will this rulemaking have any effect on State revenues or expenditures
not
already indicated
above?
No
2.
Economic effect on persons affected
by
the rulemaking:
(a)
Indicate the economic
effect and
specify
the persons affected:
Positive
Negative X
No effect
Persons affected: See
list
of potentially affected sources
in TSP.
Dollar amount
per
person:
Affected
lithographic
printers:
$0-85
5/ton
Affected
letterpress
printers:
$0
(no
affected
sources)
Affected flexible
package
printers:
$0
(no affected
sources needing add-on
control
modification)
Affected flat wood paneling coaters:
$0
(no
affected
sources)
Affected industrial cleaning solvent users: Probable
cost savings
Total statewide
cost:
Affected lithographic printers: $6/day
Affected
letterpress
printers:
$0
(no affected
sources)
Affected
flexible
package printers:
$0
(no affected
sources
needing
add-on
control
modification)
Affected
flat
wood paneling
coaters:
$0 (no
affected
sources)
Affected
industrial
cleaning
solvent users:
Probable
cost
savings
(b)
If
an
economic
effect
is predicted,
please
briefly
describe
how
the
effect
will
occur.
Costs
due to
control measures
for
newly-affected
sources,
as described
in TSD.
(c)
Will
the rulemaking
have
an indirect
effect
that may
result
in
increased
administrative
costs?
Will
there
be
any change
in requirements
such
as
filing, documentation,
reporting
or completion
of
forms?
The
rulemaking
will
require
a
small
amount of
additional reporting
but
should have
no more
than
a
negligible
indirect
effect
that
may result
in
increased
administrative
costs.
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
IN
THE
MATTER
OF:
)
R€Y9
AMENDMENTS
TO
35
ILL.
ADM.
CODE
218,
)
(Rulemaking-Air)
ORGANIC
MATERIAL
EMISSION
)
STANDARDSFORTHECHICAGOAREA,
)
35
ILL.
ADM.
CODE
219,
ORGANIC
)
CLERKS
OFFICE
MATERIAL
EMISSION
STANDARDS
FOR
)
JUL
n
THE
METRO
EAST
AREA,
AND
)
‘‘
2O9
35
ILL.
ADM.
CODE
211
)
STATE
OF
ILLINOIS
Pollutgon
Control
8orj
MOTION
FOR
WAIVER
OFREQUIREMENTS
The
Proponent,
theIllinois
Environmental
Protection
Agency
(“Illinois
EPA”),
by
its
attorney,
and
pursuant
to
35111.
Adm.
Code
101.500,102.110,
102.200,
and
102.402,
respectfully
moves
that
the
Illinois
Pollution
Control
Board
(“Board”)
waive
the
requirement
that
the
Illinois
EPA
submitthe
original
and
nine
copies
of
the
regulatory
proposal
including
all
documents
relied
upon.
In
support
of
its
Motion,
Illinois
EPA
states
as
follows:
1.
Section
102.200
of
the
Board’s
procedural
rules
requires
that
the
original
and
nine
copies
of
each
regulatory
proposal
be
filed
with
the
Clerk.
2.
Section
27(a)
of
the
Environmental
Protection
Act
(“Act”)
requires
that
the
Illinois
EPA
provide
information
supporting
the
proposal.
415
ILCS
5/27(a).
In
doing
so,
the
Illinois
EPA
has
provided
documents
which
were
directly
relied
upon
when
drafting
the
regulatory
proposal.
The
documents
relied
upon
are
as
follows:
a.
Control
Techniques
Guidelines
for
Offset
Lithographic
Printing
and
Letterpress
Printing,
United
States
Environmental
Protection
Agency,
Office
of
Air
Quality
Planning
and
Standards,
Research
Triangle
Park,
NC,
September
2006.
b.
Control
Techniques
Guidelines
for
Flexible
Package
Printing,
United
States
Environmental
Protection
Agency,
Office
of
Air
Quality
Planning
and
Standards,
Research
Triangle
Park,
NC,
September
2006.
1
c.
Control
Techniques
Guidelines:
Industrial
Cleaning
Solvents,
United
States
Environmental
Protection
Agency,
Office
of Air
Quality
Planning
and
Standards,
Research Triangle
Park,
NC,
September
2006.
d.
Control
Techniques
Guidelines
for
Flat
Wood
Paneling
Coatings,
United
States
Environmental Protection Agency,
Office
of
Air
Quality
Planning
and
Standards,
Research Triangle
Park,
NC,
September
2006.
e.
Technical
Support
Document
for
Controlling
VOM
Emissions
from
Lithographic
Printing Operations,
Illinois
Environmental
Protection
Agency,
Air
Quality
Planning
Section,
Springfield,
IL,
October
1994.
f
Control
Techniques
Guideline Series:
Control
of
Volatile
Organic
Compound
Emissions
from
Offset
Lithographic
Printing
(DRAFT),
United
States
Environmental
Protection
Agency,
Office
of
Air
Quality Planning
and
Standards,
Research
Triangle
Park,
NC,
September
1993.
g.
Control
of
volatile
organic
compound
emissions
from
industrial
solvent
cleaning
operations
(Proposed),
Ohio
Administrative
Code
3745-21-23
(February
2, 2009).
3.
This
entire
regulatory
proposal
consists
of over
700
pages.
Given
the
length
of the
proposal
and
the
resources required
to
provide
nine
copies,
Illinois
EPA
requests
that
the
Board
waive
the normal
copy
requirements
and
allow
Illinois
EPA
to
file
the
original
and
four
complete
copies
of
the
documents.
WHEREFORE,
the
Illinois
EPA
moves
that
the Board
waive
the copy
requirement
and
allow
the
Illinois
EPA
to
provide
the
Board
with
an
original
and
four
copies
of
the proposal
and
the
documents
relied
upon
in
the
development
of the
proposal,
as
listed
above.
Respectfully
submitted,
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
By:c.
Dana
Vetterhoffer/
Assistant
Counsel
Division
of
Legal
Counsel
2
DATED:
July
8,
2009
1021
N.
Grand
Ave.
East
P.O.
Box
19276
Springfield,
IL
62794-9276
(217)
782-5544
3
BEFORE THE ILLINOIS
POLLUTION
CONTROL BOARD
N
THE
MATTER
OF:
)
4
R9
AMENDMENTS TO 35 ILL.
ADM.
CODE 218,
)
(Rulemaking-Air)
ORGANIC
MATERIAL EMISSION
)
STANDARDS FOR THE CHICAGO AREA,
)
35 ILL. ADM. CODE 219, ORGANIC
)
MATERIAL EMISSION STANDARDS FOR
)
THE METRO EAST AREA, AND
)
JUL.
ii
&
35 ILL. ADM. CODE
211
sr
PoIIu’Tc
OS
STATEMENT
OF REASONS
I.
INTRODUCTION
The
Illinois Environmental Protection
Agency (“Illinois EPA”) submits this
Statement
of Reasons to the Illinois Pollution
Control
Board (“Board”) pursuant to
Sections 27 and 28 of the
Environmental
Protection
Act (“Act”) (415 ILCS 5/27 and 28)
and 35 Ill. Adm. Code
102.202 in support
of the attached proposal of regulations.
These
regulations are proposed to control emissions of
Volatile Organic Material (“VOM”),
which is
effectively the same as volatile
organic
compounds (“VOC”), from the
following Group II
Consumer and Commercial
Product Categories: Industrial Cleaning
Solvents, Flat
Wood Paneling Coatings,
Flexible Packaging Printing Materials,
Lithographic Printing
Materials, and
Letterpress Printing Materials.
This proposed
rulemaking
is intended to meet certain
obligations of the State
of
Illinois
under the federal Clean Air Act
(“CAA”),
42
U.S.C.
§
7401 et seq.
Specifically,
the
rulemaking is intended
to satisfy
Illinois’ obligation to submit
a State Implementation
Plan (“SIP”)
to address requirements under Sections 172
and 182 of the CAA
for
sources
of
VOM
emissions in areas designated as
nonattainment with respect to the
ozone
National
Ambient Air Quality Standard
(“NAAQS”) See 42
U.S.C.
§
7502
and
7511a.
1
Section 1 72(c)(1)
of
the
CAA
provides
that
states
must
include
in their
SIPs for
nonattainment
areas “reasonably
available control
measures”
(“RACM”),
including
“reasonably
available
control technology”
(“RACT”),
for sources of emissions.
42
U.S.C.
§
7502(c)(l).
Section 182(b)(2)
of the CAA provides
that,
for
ozone
nonattainment
areas, the
State must
revise its SIP to include
RACT for sources
of VOC emissions
covered by a control techniques
guideline (“CTG”)
issued
between November
15, 1990,
and the date
of
attainment.
42
U.S.C.
§
7511a(b)(2).
Illinois
is
proposing
reasonable and
cost
effective
VOM controls
for Group II
Consumer
and
Commercial
Product
Categories in response
to
CTGs
issued for
such
categories. Included
in this proposal
are amendments
to 35 Ill. Adm.
Code Part 218,
Organic Material
Emission
Standards
and Limitations
for the Chicago
Area;
35
Ill. Adm.
Code
Part 219, Organic Material
Emission Standards
and
Limitations
for the Metro
East
Area;
and
35 Iii. Adm. Code
Part 211, Definitions
and General
Provisions.
II. STATEMENT
OF
FACTS
The
CAA establishes
a comprehensive
program for controlling
and improving
the
nation’s
air quality via state
and federal regulations.
The
United
States Environmental
Protection
Agency (“USEPA”)
is charged
with
identifying air
pollutants that endanger
the public
health
and welfare
and with formulating
the NAAQS that
specify
the
maximum
permissible
concentrations
of those pollutants
in the ambient
air
pursuant to
Sections
108 and 109 of the
CAA.
42
U.S.C.
§
7408-7409.
A.
8-Hour
Ozone
NAAOS
Ozone
is a gas composed
of three atoms
of oxygen.
Ozone occurs both in
the
Earth’s
upper
atmosphere and at
ground
level.
VOC is a primary precursor
to the
2
formation
of
ground-level
ozone,
which
is
formed
when
oxides
of nitrogen
and
VOC
react
in
the
atmosphere
in
the
presence
of
sunlight.
71
Fed.
Reg.
58746
(Oct.
5,
2006).
Exposure
to
sufficient
concentrations
of
ground-level
ozone
is
associated
with
agricultural
crop
loss,
damage
to
forests
and
ecosystems,
and a
variety
of
human
health
effects,
including
acute
respiratory
symptoms,
increased
susceptibility
to
respiratory
infection,
and
pulmonary
inflammation.
71 Fed.
Reg.
58746.
On
July
18, 1997,
USEPA
revised
the NAAQS
for
ozone
by replacing
the
1-hour
standard
with
an
8-hour
standard.
62
Fed.
Reg.
38856
(July
18,
1997).
In
Illinois,
there
are
two
areas
designated
as
nonattainment
(moderate)
for
the
8-hour
ozone
standard:
1)
the
Chicago-Gary-Lake
County,
IL-IN
designated
area,
which
includes
Cook,
DuPage,
Grundy
(partial-Goose
Lake
and
Aux
Sable
Townships),
Kane,
Kendall
(partial-Oswego
Township),
Lake,
McHenry,
and
Will
Counties; and
2) the
St.
Louis,
MO-IL
designated
area,
which
includes
Jersey,
Madison,
Monroe,
and
St. Clair
Counties.
40
CFR
§
81.3
14.
B.
Consumer
and
Commercial
Products,
Group
II
Section
183(e)
of the
CAA
required
that USEPA
conduct
a study
of
the
emissions
of VOC
into
the
ambient
air
from
consumer
and
commercial
products
in
order
to
determine
their
potential
to
contribute
to
ozone
levels
which
violate
the
ozone
NAAQS
and
to
establish
criteria
for
regulating
emissions
of
VOC
from
those
products.
71
Fed.
Reg.
58746.
Section
183(e)
provides,
“[T]he
Administrator
shall
list
those
categories
of
consumer or
commercial
products that
the Administrator
determines,
based
on the
study,
account
for
at least
80
percent
of the
VOC
emissions.
.
. from
consumer
or commercial
products
in
areas
that
violate
the
NAAQS
for ozone”
and
shall
divide
the
categories
into
groups.
42
U.S.C.
§
7511b(e)(3)(A).
3
The CAA
requires
that
USEPA
then
either
regulate
VOC
emissions
from
such
categories
or
issue
a
CTG
in
lieu
of a national
regulation
if the
Administrator
determines
that
such
guidance
will
be
substantially
as
effective
as regulations
in
reducing
emissions
of
VOC
which
contribute
to
ozone
levels
in
ozone
nonattainment
areas.
42
U.S.C.
§
751
lb(e)(3)(C).
CTGs
provide
states with
recommendations
regarding
what
types
of
controls
could
constitute
RACT
for
VOCs
for
the applicable
source
categories.
71 Fed.
Reg.
58745,
58747.
States
must
either
adopt
regulations
to
implement
the
recommendations
in
the
CTG
or adopt
alternative
approaches
that
constitute
RACT,
either
of
which
must
be
submitted
to
the USEPA
for
review
and
approval
as
part
of the
SIP
process.
71
Fed.
Reg.
58745,
58747.
On
October
5, 2006,
the USEPA
issued
final
CTGs
for
Group
II Consumer
and
Commercial
Product
Categories
in lieu of
national
regulations
for the
control
of
VOC
emissions.
The
USEPA
required
that states
submit
SIP
revisions
in response
to
the CTGs
within
one
year.
71 Fed.
Reg.
58745-58753.
C.
CAA’s
RACT
Requirements
USEPA
designated
the
Chicago
and Metro
East
areas
in
Illinois
as nonattainment
(moderate)
for
the
8-hour
ozone
NAAQS,
which
triggered
requirements
under
the
CAA
for
adopting
regulations
that
reduce
emissions
sufficiently
to
demonstrate
attainment
of
the
standard.
Section
172(c)(l)
of
the CAA
provides,
in
pertinent
part:
(c)
Nonattainment
plan
provisions
The
plan
provisions
(including
plan
items)
required
to
be submitted
under
this
part
shall
comply
with
each
of the
following:
(1)
In
general
4
Such plan
provisions
shall
provide
for
the implementation
of
all
reasonably
available
control
measures
as expeditiously
as
practicable
(including
such
reductions
in
emissions
from
existing
sources in
the area as
may be obtained
through the
adoption,
at a
minimum,
of
reasonably
available
control
technology)
and
shall
provide
for attainment
of the
national
primary
ambient air
quality
standards.
42
U.S.C.
§
7502(c)(l).
A subset
of
RACM
is
RACT,
which
is defined
as the lowest
emission
limitation
that a particular
source
can
meet by applying
a
control technique
that
is reasonably
available
considering
technological
and economic
feasibility.
See 44 Fed.
Reg.
53762
(September
17, 1979).
Additionally,
Section
182(b)
of the
CAA provides,
in pertinent
part:
(b)
Moderate
Areas
Each
State
in which
all or part
of
a Moderate
Area
is located
shall, with
respect
to
the Moderate
Area,
make the
submissions
described
under
subsection
(a) of this
section
(relating
to Marginal
Areas),
and shall
also submit
the revisions
to
the
applicable
implementation
plan
described
under
this subsection.
(2)
Reasonably
available
control
technology
The
State
shall
submit
a
revision
to the
applicable
implementation
plan to
include provisions
to
require
the implementation
of
reasonably
available
control
technology
under
section 7502(c)(1)
of this
title with respect
to each
of
the following:
(A)
Each category
of VOC
sources
in the
area
covered
by a
CTG
document
issued
by the
Administrator
between
November
15, 1990,
and the
date of
attainment.
42
U.S.C.
§
75lla(b)(2).
Sections
172
and
182 of the
CAA
establish
the
requirement
for
Illinois
to submit
VOC regulations
constituting
RACT
for
Group
II Consumer
and Commercial
Product
Categories
in
ozone nonattainment
areas classified
as moderate
and above.
Illinois
was
required
to submit
its
SIP revisions
by October
5,
2007.
5
III. PURPOSE
AND
EFFECT
OF
THE
PROPOSAL
This
rulemaking
proposal
has been
prepared
to
satisfy
Illinois’
obligation
to
submit
a SIP to
address
the
requirements
under
Sections
172 and
182
of the
CAA,
as
described
above,
for
sources
of VOC
emissions
in areas
designated
as nonattainment
with
respect
to the
ozone
NAAQS.
See 42 U.S.C.
§
7502
and
7511a.
Also,
Illinois
is required
to
submit
these
SIP revisions
before
the USEPA
can
redesignate
the
Chicago
and
Metro
East
nonattainment
areas
as
attaining
the
1997 ozone
NAAQS,
regardless
of whether
the
VOC
reductions
obtained
by
the
SIP revisions
are
actually
necessary
to achieve
attainment
of
the
NAAQS.
Section
107(d)(3)(E)
of the
CAA
provides
that
the
Administrator
may not
redesignate
a nonattainment
area to
attainment
unless
the State
has
a
fully-approved
SIP
for the area
seeking redesignation
and the State
has
met
all applicable
requirements
of
Section
110 and
Part
D (which
includes
the
requirement
that states
adopt
VOC RACT
rules
for categories
covered
by
a
CTG).
42
U.S.C.
§
7407(d)(3)(E).
In
a
September
17, 1993,
guidance
document
from
Michael
H.
Shapiro,
Acting
Assistant
Administrator
for Air
and Radiation
(“Shapiro
Memorandum”),
the
USEPA confirmed,
“[B]efore
EPA
can
act favorably
upon
any
State
redesignation
request, the
statutorily-mandated
control
programs
of
section
110
and part
D
(that were
due
prior
to the time
of the
redesignation
request)
must
have
been
adopted
by
the State
and
approved
by EPA
into the
SIP.”
(Shapiro
Memorandum,
p.
2).’
See
also Wall
v. USEPA.
In Wall, the
United States
Court of Appeals
for
the Sixth Circuit
vacated
the
USEPA’s
redesignation
of a
state to attainment,
in
part
because the
state
failed to
promulgate
VOC
RACT
rules in response
to
CTGs. The
USEPA
argued
that fully
adopted
VOC
RACT
rules were
unnecessary
because
the state did
not
need
the reductions
from
such
rules
to achieve attainment.
The court
rejected
USEPA’s
argument,
holding
that
the CAA unambiguously
requires that
a SIP
submitted
with
respect to
a
redesignation
request
contain
fully
adopted
RACT
rules required
by
Part
D.
Redesignation
absent
such
rules
was
therefore
improper.
Wall
v. USEPA,
265
F.2d 426,
433,
440-42
(6th
Cir.
2001).
6
On
July 2,
2007,
the
Illinois
EPA
submitted
to the
USEPA
an attainment
demonstration
for the
Metro
East
nonattainment
area
for
the
1997
8-hour
ozone
NAAQS.
On March
19, 2009,
the
Illinois
EPA
submitted
an
attainment
demonstration
for
the
Chicago
nonattainment
area as
well.
These
areas
cannot
be
redesignated
to
attainment
of
the
ozone
NAAQS,
however,
unless
and
until
the
Illinois
EPA
submits
SIP
revisions
in
response
to
the
Group
II
CTGs
and
the USEPA
approves
such
revisions.
Finally,
in
March
2008,
USEPA
strengthened
the
eight-hour
ozone
standard.
73
Fed.
Reg.
16436
(March
27,
2008).
It
is likely
that
the
same
areas
in
Illinois
that are
currently
designated
as
nonattainment
for the
present
standards
will
soon
be
designated
as
nonattainment
for the
revised
standard.
While
attainment
of
the
revised
standard
is not
the
purpose
of
this
rulemaking,
it
should
be noted
that
any
reduction
in VOM
emissions
in the
nonattainment areas
resulting
from
these
proposed
amendments
will
likely
help
Illinois
achieve
the
revised
NAAQS.
Generally, Illinois
EPA’s
regulatory
proposal
aims
to
implement
the
recommendations
contained
in
the CTGs
to
the
extent
that
such recommendations
are
consistent with,
and
impose
stricter
requirements
than,
existing
regulations:
Industrial
Cleaning
Solvents.
The
proposed
regulations
apply
to
cleaning
operations at sources that meet
the
applicability
threshold
set
forth
in
the
CTG,
subject
to
several
partial
and
complete
exclusions.
Per the
CTG,
the
proposed
regulations
require
that
subject
sources
comply
with
work
practice
requirements
and
with
one
of three
alternative
control
requirements.
Flat
Wood
Paneling
Coatings.
The
proposed
regulations
require
that
flat
wood
paneling
coating
lines
comply
with
the
VOM
content
limitation
specified
in
the
CTG.
As
7
an alternative to
the
VOM
content
limit,
subject
lines may comply
with
a daily weighted
averaging
limitation or utilize
an add-on control
device
that meets a specified
overall
VOM reduction requirement.
The
proposed
regulations
also require
that
flat wood
paneling coating
lines comply
with the existing
cleaning
and
storage work practice
requirements
for
wood
furniture,
as well
as with the work practices
set forth
in the CTG.
Flexible Packaging
Printing Materials.
The
proposed regulations
require that
flexographic
and rotogravure
printing
lines
that
print
flexible packaging,
or that print
flexible
packaging and
non-flexible packaging
on
the
same
line, comply
with
the
CTG
recommended
VOM content
limit. Alternatively,
such
lines may comply
with
a
weighted
averaging
limitation
or install and
operate
a capture
and control system
that reduces
VOM emissions
by specified
percentages.
The proposed
regulations
also require that
printing
lines
that
meet the CTG’s
prescribed applicability
threshold
comply with
work
practice
requirements for cleaning
materials.
Lithographic
Printing
Materials. The
proposed regulations
provide
that
the
existing
requirements regarding
fountain solutions
and cleaning
materials
apply
to
sources
that
meet
the applicability
threshold specified
in the
CTG,
subject to certain
exclusions. Additionally,
the
proposed regulations
require that afterburners
or other
approved control
devices installed
on
heatset
web
offset
lithographic
printing
lines reduce
VOM emissions
by specified percentages
or to a maximum
afterburner exhaust
outlet
concentration.
Letterpress
Printing Materials.
The
proposed
regulations require
that heatset
web
letterpress printing
lines that meet the
CTG’s
prescribed
applicability
threshold
install
afterburners or
other
approved control
devices
that reduce
VOM emissions
by specified
8
percentages
or to
a maximum
afterburner
exhaust
outlet concentration.
All letterpress
printing
lines
that
meet
the
CTG’s
lower
applicability
threshold
must
comply
with
work
practices
for
cleaning
materials.
Such
lines must
also comply
with either
a VOM
content
limit
or VOM
composite
partial vapor
pressure
limit
for
as-used cleaning
solutions,
subject
to a CTG-recommended
exclusion
for up
to 110
gallons of
cleaning
materials
per
year.
IV.
GEOGRAPHIC
REGIONS
AND
SOURCES
AFFECTED
The
geographic
regions
subject
to
the proposed
regulations
are the
two
areas
designated
as nonattainment
for
the 8-hour
ozone standard:
1) the Chicago-Gary-Lake
County,
IL-IN
designated
area, which
includes Cook,
DuPage,
Grundy
(partial-Goose
Lake
and Aux
Sable
Townships),
Kane,
Kendall
(partial-Oswego
Township),
Lake,
McHenry,
and
Will Counties;
and
2)
the
St.
Louis, MO-IL
designated
area,
which
includes
Jersey, Madison,
Monroe,
and
St.
Clair Counties.
40
CFR
§
81.314.
The
proposed
regulations
are
generally
expected
to affect both
new
and
existing
sources
that are
covered
by
a
Group
II CTG,
are
located
in the Chicago
or Metro
East
nonattainment
areas,
and meet
the
applicability
criteria
specified
in
the regulations.
Appendix
B to
the
TSD lists
the sources
potentially
affected
by
the
proposed regulations.
V.
TECHNICAL
FEASIBILITY
AND
ECONOMIC
REASONABLENESS
The
technology
for
controlling
VOM emissions
from
Group
II product
categories
is both
technically
feasible
and economically
reasonable.
Affected
sources
can
meet
the
requirements
in
the proposed
amendments
through
a
number
of
readily available
control
techniques.
9
Control
techniques
for
reducing
VOM
emissions
from
industrial
cleaning
solvents
include
work practices,
material
reformulation
or
substitution
(namely,
the use
of low
VOM
cleaning
solvents,
no-VOM
solvents,
or
low vapor
pressure
solvents),
and add-on
controls
or modifying
equipment.
Similarly,
material
reformulation,
add-on
controls,
and
work
practices
for
coatings
and
cleaning
materials
are available
VOM
reduction
techniques
for flat
wood
paneling
coating
lines.
See Technical
Support
Document.
VOM
control
approaches
for flexible
packaging
printing
lines
include
material
reformulation,
add-on
controls
such as
thermal
oxidizers,
catalytic
oxidizers,
and
carbon
adsorbers,
and work
practices
for
cleaning
materials.
For lithographic
printing
lines,
control
options
include
add-on
controls
for
heatset
web
offset
lithographic
printing
lines,
such
as
thermal
afterburners,
catalytic
afterburners,
and
condenser
filter systems,
fountain
solution
reformulation
(such
as the
use of alcohol
substitutes),
process
modifications
for
fountain
solutions,
and
material
reformulation
or substitution
for
cleaning
solutions.
Control
approaches
for letterpresses
are
similar
to
those available
for lithographic
printing
lines
(although
letterpresses
do
not
utilize
fountain
solutions).
Technical
Support
Document.
In
the
Technical
Support
Document,
the
Illinois
EPA
explains
in
detail
that
the
above
control
approaches
are
economically
feasible,
particularly
as
many
of the
techniques
are
already
widely
used
by the
affected
industries.
VI. COMMUNICATION
WITH
INTERESTED
PARTIES
The
Illinois
EPA
engaged
in
extensive
outreach
on
this
proposal.
On
November
5,
2008,
the
Illinois
EPA
posted
a draft
of
the
proposed
rule
and
copies
of the
pertinent
CTGs
on
its
website
for public
comment.
The
Illinois
EPA
subsequently
engaged
in
10
numerous
conference calls
and exchanged
correspondence
with representatives of
affected sources regarding the proposal.
Illinois
EPA received several
comments
on the draft rule, and this proposal
incorporates many of the concerns and suggestions
set forth
in those
comments. Such
comments can generally be categorized into the
following
areas: appropriate applicability
thresholds
and
exclusions,
methods of calculating
applicability
thresholds,
appropriate
control
requirements, simplification of
recordkeeping
and reporting requirements, and
revisions to proposed
definitions.
These
regulations
are being proposed
after the
interested parties have had an opportunity to
review the proposal
and discuss any issues
with the Illinois EPA.
VII. SYNOPSIS
OF TESTIMONY
The Illinois EPA plans to call David
Bloomberg,
Compliance Unit Manager,
Compliance Section,
Bureau
of Air, Illinois EPA,
as a witness at hearing. Mr.
Bloomberg
will testify
regarding the proposed
amendments and
will answer questions.
Written testimony
will be submitted prior
to hearing in
accordance with the Board’s
procedural rules.
VIII. THE ILLINOIS
EPA’S
PROPOSAL
The following is
a Section-by-Section
summary
of the Illinois EPA’s proposal.
35 Ill. Adm.
Code 211
Subpart B:
Definitions
The Illinois EPA proposes amending current
definitions in, and adding new
definitions
to, Part
211.
Section
211.1000
Class II Finish
11
The Illinois
EPA
proposes
adding
a
definition
for Class
II
finish.
This
definition
is
necessary
for
Subpart
F.
Section
211.1745
Digital
Printing
The
Illinois
EPA
proposes adding
a definition
for digital
printing.
This definition
is
necessary
for
Section
218/219.187
of Subpart
E.
Section
211.1878
Electrical
Apparatus
Component
The Illinois
EPA
proposes
adding
a definition
for
electrical
apparatus
component.
This
definition
is necessary
for
Section
218/219.187
of
Subpart
E.
Section
211.1885
Electronic
Component
The Illinois
EPA
proposes
amending
the
definition
of
electronic
component
by
extending
the
application
of
the
definition
to
Section
218/219.187
and
by
adding
an
exception
to
the
definition.
These
revisions
are necessary
for
Section
218/219.187
of
Subpart
E.
Section
211.2355
Flat
Wood
Paneling
The
Illinois
EPA
proposes
adding
a
definition
for
flat
wood
paneling.
This
definition
is
necessary
for Subpart
F.
Section
211.2356
Flat
Wood
Paneling
Coating
Line
The
Illinois
EPA
proposes
adding
a
definition
for flat
wood
paneling
coating
line.
This
definition
is
necessary
for Subpart
F.
Section
211.2368
Flexible
Packaging
The
Illinois
EPA
proposes
adding
a
definition
for
flexible
packaging.
This
definition
is
necessary
for Subpart
H.
Section
211.2615
General
Work
Surface
12
The Illinois EPA
proposes
adding
a
definition
for general
work
surface.
This
definition
is
necessary
for
Section
218/219.187
of Subpart
E.
Section 211.2830
Heatset
The
Illinois EPA
proposes
amending
the
definition of “heatset”
to
include
letterpress
printing lines.
This
revision
is necessary for Subpart
H.
Section 211.2855
Heatset Web
Letterpress
Printing Line
The Illinois
EPA
proposes adding
a definition
for heatset
web letterpress
printing
line. This
definition is
necessary
for Subpart H.
Section
211.2965
High Precision
Optic
The Illinois
EPA
proposes
adding a
definition
for
high precision optic.
This
definition is
necessary for
Section 218/219.187
of Subpart
E.
Section 211.3215
Janitorial
Cleaning
The Illinois EPA
proposes
adding
a definition
for janitorial
cleaning.
This
definition is necessary
for Section
218/219.187
of Subpart E.
Section 211.3305
Letterpress
Printing
Line
The
Illinois
EPA
proposes
adding
a definition for letterpress
printing
line. This
definition is necessary
for
Subpart H.
Section
211.3555
Maintenance
Cleaning
The Illinois
EPA
proposes
adding
a definition
for maintenance
cleaning.
This
definition
is
necessary
for
Section
218/219.187
of Subpart
E.
Section 211.3705
Medical
Device
The Illinois EPA
proposes
adding
a definition
for
medical
device.
This definition
is
necessary
for Section
218/219.187
of
Subpart
E.
13
Section 211.3707
Medical Device
and Pharmaceutical Manufacturing
The Illinois EPA proposes adding
a definition for medical device and
pharmaceutical manufacturing.
This definition is necessary for Section 218/219.187
of
SubpartE.
Section 211.4065
Non-Heatset
The Illinois
EPA proposes amending the definition
of”non-heatset” to include
letterpress printing lines. This revision
is
necessary
for Subpart H.
Section 211.5335
Radiation Effect Coating
The Illinois EPA proposes adding a
definition for radiation effect coating. This
definition is necessary for
Section 218/219.187 of Subpart E.
Section 211.5535
Repair Cleaning
The Illinois EPA proposes
adding
a
definition for repair cleaning. This definition
is necessary
for
Section
218/219.187 of Subpart E.
Section 211.5585
Research and Development
Operation
The Illinois EPA proposes adding
a
definition for research
and development
operation. This definition is necessary for Section 218/219.187 of Subpart
E.
Section 211.5860
Scientific Instrument
The Illinois EPA proposes adding a definition for scientific instrument.
This
definition is necessary for Section 218/219.187 of Subpart E.
Section 211.5875
Screen Printing
The Illinois EPA proposes adding a definition for screen
printing.
This definition
is
necessary for Section 218/219.187 of Subpart E.
Section 211.5885
Screen Reclamation
The
Illinois
EPA proposes adding a
definition for
screen reclamation. This
14
definition
is
necessary
for Section
218/219.187
of
Subpart
B.
Section
211.6405
Sterilization
Indicating
Ink
The
Illinois
EPA
proposes
adding
a definition
for sterilization
indicating
ink.
This
definition
is necessary
for
Section
2 18/219.187
of
Subpart
B.
Section
211.6425
Stripping
The
Illinois
EPA
proposes
adding
a definition
for stripping.
This definition
is
necessary
for
Section
218/219.187
of Subpart
B.
Section
211.6535
Surface
Preparation
The
Illinois
EPA
proposes
adding
a
definition
for
surface
preparation.
This
definition
is
necessary
for
Section
218/219.187
of
Subpart
E.
Section
211.7290
Wood
Furniture
The
Illinois
EPA
proposes
amending
the
definition
of
“wood
furniture”
by
excluding
flat
wood
paneling
from such
definition.
This
revision
is necessary
for
Subpart
F.
35 Ill. Adm.
Code
218/219
Subpart
A:
General
Provisions
Section
218/219.106
Compliance
Dates
The
Illinois
EPA
proposes
adding
a new
subsection
(e) to Section
2
18.106
and a
new
subsection
(c)
to Section
219.106,
which
establish
May
1,
2010,
as the
compliance
date for
sources
subject
to the
flat
wood
paneling
emission
limits.
Subpart
E:
Solvent
Cleaning
Section
218/219.181 Solvent
Cleaning
in
General
15
The
Illinois EPA
proposes
changing
the
title
of this
Section to
“Solvent
Cleaning
Degreasing
Operations.”
The
Illinois
EPA
also
proposes
amending
this
Section to
specify
that
Sections 218/219.182
through 218/219.184
and
Section
218/219.186
are
applicable
to cold
cleaning, open
top
vapor,
and
conveyorized
degreasing
operations.
Section 218/219.187
Other Industrial
Solvent
Cleaning
Operations
The
Illinois
EPA
proposes
adding
Section
218/219.187.
Subsection
(a)
provides
that the
requirements
in
Section
218/219.187
apply
to all
cleaning
operations
which
use
organic materials
at sources
that
emit 6.8
kg/day
(15 lbs/day)
or
more
of VOM
from
cleaning operations
at the
source,
in the
absence
of air
pollution
control
equipment.
Subsection
(a)(2), however,
exempts
numerous
types
of cleaning
operations
from some
or all
of the
limitations
in Section
218/219.187.
Subsection
(a) also
defines
“cleaning
operations.”
Subsection
(b) provides
that no
source
subject
to Section
218/219.187
shall
perform
subject
cleaning operations
unless
the
source
complies
with
the
applicable
VOM
content
limitation,
uses cleaning
materials
with a
composite
vapor pressure
of no
more
than
8.0
mmHg
measured
at 20 degrees
Celsius,
or installs
and
operates an
emissions
control
system
that reduces
VOM
emissions
from the
subject
cleaning
operation
by
at
least
85 percent
overall.
Subsection
(c)
provides
that sources
shall
demonstrate
compliance
with this
Section
by using
the
applicable
test
methods and
procedures
in
Section
218/219.187(g)
and
by
complying
with
all applicable
recordkeeping
and reporting
requirements
in
Section
218/219.187(e).
16
Subsection (d)
provides
that,
for
each
subject
cleaning
operation,
subject
sources
shall
cover
open
containers,
minimize
air circulation
around
the
cleaning
operation,
properly
dispose
of
used
solvent
and shop
towels,
and
utilize
equipment
practices
that
minimize
emissions.
Subsection (e)
establishes
recordkeeping
and
reporting
requirements
for
sources
subject
to
or exempt
from
the limitations
of
this
Section.
Subsection
(e)(1)
provides
that,
by
May
1,
2010,
sources
exempt
from
the
limitations
of
Section
218/219.187
because
of
the
criteria
in
Section
218/219.187(a)(1)
shall
submit
a certification
to
the
Illinois
EPA
that
includes
a declaration
that
the
source
is exempt,
as
well
as calculations which
demonstrate
that
combined
emissions
of VOM
from
cleaning
operations
at
the source
never
equal
or
exceed
6.8 kg/day
(15
lbs/day).
Such
sources
shall
notify
the Illinois
EPA
of
any
records
that
show
that the
combined
emissions
of
VOM
from
cleaning
operations
at
the source
ever
equal
or
exceed
6.8 kg/day
(15
lbs/day).
Subsection (e)(2)
provides
that,
by
May
1,
2010,
all
sources
subject
to
Section
218/219.187 shall
submit
a certification
to
the
Illinois
EPA
that
includes
1)
a declaration
that
all
subject
cleaning
operations
are
in
compliance
with
the requirements
of this
Section;
2)
identification
of
each
subject
cleaning
operation
and
each
VOM.-containing
cleaning
solution used
in such
operation;
3)
the
limitation
with
which
each
subject
cleaning
operation will
comply,
and
if complying
with
the
emissions
control
system
requirement,
what
type
of
emissions
control
system
will
be
used;
4)
initial
documentation
that
each
subject
cleaning
operation
will
comply
with
the
applicable
limitation;
5)
identification
of the
method
that
will
be
used
to demonstrate
continuing
compliance
with
the
applicable
limitations;
6)
a description
of
the practices
and
procedures
that
the source
17
will
follow
to ensure
compliance
with
the
limitations
of Section 218/219.187(d);
and
7)
a
description
of
each
cleaning
operation
exempt
pursuant
to Section 218/219.187(a)(2),
if
any,
and
a listing
of the
emission
unit(s)
on
which
the
exempt
cleaning
operation
is
performed.
Subsection
(e)(3)
provides
additional
recordkeeping
and
reporting
provisions
for
sources
complying
with
the
VOM
content
limitations
in
subsection (b)(1)
of
Section
218/219.187.
Subsection (e)(4)
provides
additional
recordkeeping
and
reporting
provisions
for
sources
complying
with
the VOM
composite
partial
vapor
pressure
limitations
in
subsection
(b)(2)
of
Section
218/219.187
Subsection (e)(5)
provides
additional
recordkeeping
and
reporting
provisions
for
sources
complying with
the
emissions
control
system
requirements
in
subsection
(b)(3)
of
Section
218/219.187.
Subsection
(e)(6)
provides
that
all
sources
subject
to
the
requirements
of
subsections
(b)
and
(d)
of this
Section
shall
notify
the
Illinois
EPA
of
any
violation
of
such
subsections
by
providing
a
description
of the
violation
and
copies
of records
documenting
the
violation
to
the
Illinois
EPA
within
30 days
following
the
occurrence
of
the
violation.
Subsection
(e)(7)
provides
that
all
records
required
by
subsection
(e)
shall
be
retained
by
the source
for
three
years
and
shall
be
made
available
to the
Illinois
EPA
upon
request.
Subsection (f)
establishes
monitoring
requirements
for emissions
control
systems
if
such
systems
are used
to demonstrate
compliance.
18
Subsection
(g)
establishes
requirements
regarding
testing
to
demonstrate
compliance
with
Section
218/219.187.
Subpart
F:
Coating
Operations
Section
218/219.204
Emission
Limitations
The Illinois
EPA
proposes
amending
subsection
(c) to
provide
that the
paper
coating
limitation
shall
not
apply
to any
owner
or
operator
of a
paper coating
line
on
which
lithographic
or letterpress
printing
is performed
if the
paper
coating
line complies
with
the applicable
emissions
limitations
in
Subpart
H of this
Part.
The
Illinois
EPA
proposes
adding
subsection
(p)
to
Section
2
18.204
and
subsection
(o) to
Section
2
19.204, which
restrict
the VOM
content
of flat wood
paneling
coatings
to 0.25
kg VOM/l
coatings
or 0.35
kg
VOMI1
solids
or less.
Section
218/219.205
Daily-Weighted
Average
Limitations
The
Illinois EPA
proposes
amending
subsection
(a) of this Section
to include
flat
wood paneling
coating
lines
in the daily-weighted
averaging
alternative.
Section
218/219.207
Alternative
Emission
Limitations
The
Illinois
EPA
proposes
amending
subsection
(a)
of this
Section,
adding
subsection
(1)
to
Section
2 18.207,
and
adding
subsection
(k) to
Section
2 19.207
to include
flat
wood
paneling
coating lines
in
the alternative
emissions
limitations
option.
The
proposed
subsections
provide
that a
flat
wood
paneling
coating
line
may
utilize
a capture
system
and
control
device
if such system
provides
at
least 90 percent
reduction
in
the
overall
emissions
of VOM
from the
coating
line or the
owner
or
operator
of the
flat wood
paneling
coating
line complies
with
all requirements
set
forth
in
subsection
(b)(2)
of
this
Section.
19
The Illinois
EPA
also
proposes
amending
Section
218.207(h)(1)
to
correct
the
formatting
of an
equation.
Section
218/219.210
Compliance
Schedule
The
Illinois
EPA proposes
adding
subsection
(g),
which
provides
that, on
and
after
a date
consistent
with Section
218/219.106,
sources
subject
to
the flat
wood
paneling
coating
emission
limitations
shall
comply
with
the
applicable
provisions
in
Subpart
F.
Section
218/219.211
Recordkeeping
and
Reporting
The
Illinois
EPA proposes
amending
subsections
(c) and
(d) to
provide
that,
for
flat wood
paneling
coating
lines, VOM
content
information
shall
be
maintained
and/or
reported
in
terms
of
weight
of
VOM
per
volume
of coatings
or
solids,
as applicable,
as
applied
each
day
on each
coating
line.
The
Illinois
EPA
also
proposes
correcting
a
spelling
error
in
Section
218.21
1(c)(3)(A).
The
Illinois
EPA
proposes
amending
subsection
(e) to
provide
that
flat wood
paneling
coating
lines complying
pursuant
to
Section
218/219.207
shall comply
with
the
recordkeeping and
reporting
requirements
set
forth
in
subsection
(e).
The
Illinois
EPA proposes
adding
subsection
(g),
which
establishes
recordkeeping
and
reporting
requirements
for
flat
wood
paneling
coating
lines
subject
to
the
work
practice
requirements
set forth
in Section
218/219.217.
Finally,
the
Illinois
EPA proposes
adding
a space
and deleting
a space
in Section
218.21
1(b)(1).
Section
218/219.212
Cross-Line
Averaging
to
Establish
Compliance
for
Coating
Lines
20
The Illinois EPA
proposes amending
this
Section
to provide
that
the cross-line
averaging
alternative
is not available
to flat wood
paneling
coating
lines.
Section 218/219.217
Wood Furniture
Coating Work
Practice
Standards
The
Illinois EPA proposes
changing the title
of this Section
to “Wood
Furniture
Coating
and
Flat Wood
Paneling Coating Work
Practice
Standards.”
The Illinois EPA
also
proposes
amending
this Section
to provide that
flat wood paneling
coating lines
are
subject to the
existing cleaning and
storage work
practice requirements
in this Section.
The Illinois EPA
proposes adding
additional
cleaning
and
storage
requirements for
flat
wood paneling
coating
lines as well;
specifically,
the
Illinois
EPA
proposes
requiring that
such
coating lines minimize
spills of VOM containing
coatings,
thinners,
and cleaning
materials, minimize
emissions of VOM
during cleaning
activities,
and keep mixing
vessels which
contain VOM
coatings and
other materials
closed
except
when
specifically
in
use.
Subpart H: Printing
and
Pub1ishin
Section 218/219.401
Flexographic
and Rotogravure
Printing
The Illinois
EPA proposes
amending
this
Section
to separate requirements
that are
applicable prior to the
new compliance
date
from
those
applicable
after
the new
compliance date.
The
Illinois EPA
proposes
amending
subsection
(a)
to provide
that, on and after
May 1, 2010,
owners
and operators of flexographic
or rotogravure printing
lines that
do
not print
flexible
packaging and that
are complying
with subsection
(a) shall comply
with
the existing
VOM
content limitations.
Owners
and operators
of flexographic or
rotogravure
printing
lines that print
flexible
packaging
or that
print flexible packaging
21
and non-flexible
packaging
on the same
line shall
restrict the
VOM content
of
coatings
and inks to
.8
kg VOM/kg solids applied
or .16
kg VOM/kg
materials
applied
or less.
The
Illinois EPA proposes
amending
Section
218/219.401(b)
to provide that, on
and
after
May 1,
2010, owners and
operators
of flexographic
or rotogravure printing
lines
that do not
print flexible packaging
and
that
are complying
with
subsection
(b) shall
comply with
the existing
weighted
averaging
requirements.
Owners
and operators
of
flexographic
or rotogravure
printing lines that
print flexible
packaging,
or that
print
flexible
packaging
and
non-flexible packaging
on the same
line,
and
that are
complying
with subsection
(b) shall
not apply coatings
or inks on the
subject printing
line
unless
the
weighted
average,
by
weight, VOM
content of all coatings
and inks as
applied each
day
on the subject printing
line
does
not
exceed the
VOM limitations
specified in
amendments
to subsection (a) of this
Section.
The
Illinois
EPA
proposes
inserting
equations
for
calculating the weighted
average
VOM
content
for
such
lines.
2
The Illinois
EPA
also
proposes amending
Section 2l8.401(b)(1)(A)
to correct a
typographical
error in the existing
equation, and
Section
219.401(b)
to
correct
spacing
errors
in the
existing equations.
The
Illinois
EPA proposes
amending
subsection
(c) to
provide that, on and
after
May 1, 2010, the owner
or operator
of a flexographic
or rotogravure
printing line
that
does not print flexible
packaging
and
that is complying
with subsection
(c) shall equip
the
printing line with a capture
system
and control device
that complies
with the existing
control
efficiency requirements.
The
owner
or
operator of a
flexographic or rotogravure
printing line that prints
flexible packaging
shall
equip the printing
line with a capture
system and control device
that provides
an overall reduction
in VOM
emissions of
65-80
2
For ease
of reading, however, the
equations are not
underlined
in
the text
of the proposed
rule.
22
percent, depending on the dates
that
the printing
line and control system were first
constructed at the
subject source. The owner
or operator
of a
flexographic or rotogravure
printing line that prints
flexible packaging
and non-flexible
packaging on the same line
shall comply
with the overall control efficiency
requirements set forth in either
subsection
(c)(1)(D) or subsection (c)(3) of this
Section, whichever is more stringent.
The
Illinois EPA proposes
amending
subsection
(c)(6) to specify the printing lines
that are required to
perform testing pursuant
to this
subsection.
The Illinois EPA
proposes
adding subsection
(d), which provides that VOM
containing
cleaning materials associated with
flexographic
or rotogravure printing lines
that print flexible packaging
or print
flexible
packaging
and
non-flexible packaging
on
the same line shall
be
kept, stored, and disposed
of in closed containers, and conveyed
from one
location to another in closed containers
or pipes.
Section
218/219.402
Applicability
The
Illinois EPA proposes adding subsection
(b), which provides that the
limitations of
Section 218/219.401(d)
apply to all flexographic and rotogravure printing
lines
that print
flexible packaging or print
flexible
packaging and non-flexible packaging
on
the same
line at sources where the combined
emissions
of VOM from all flexographic
and
rotogravure printing
lines total
6.8 kg/day (15 lbs/day)
or
more, in the absence
of air
pollution
control
equipment.
Section
218/219.403 Compliance Schedule
The Illinois
EPA proposes adding
subsections (e),
(f),
and
(g),
which
establish
May 1, 2010,
as the
compliance
date for the requirements
set
forth in
the proposed
amendments.
23
Section
218/219.404
Recordkeeping
and
Reporting
The Illinois
EPA proposes
amending
this
Section to reference
recordkeeping
and
reporting
compliance dates
for
printing
lines
subject
to the limitations
in
the
proposed
amendments to Section
218/219.401.
The
Illinois
EPA
also proposes
amending
subsections
(c) and (d) to clarify
that
the owner
or operator of a
printing line subject
to the requirements
in
Section
218/219.401(a)(2)(B)
or
(b)(3) shall certify
in accordance
with subsection
(c)(1) or
(d)( 1), as
applicable, even
if the owner or
operator of such
line submitted
a certification
prior to January
1, 2010.
The Illinois EPA
proposes
amending
subsection
(e)
to
provide
that if the owner or
operator of a printing
line is
not required
to perform
testing of a capture
system and
control device pursuant
to Section
218/219.401
(c)(6), the owner
or operator shall
submit
a certification
to the Agency that includes
specified
information.
The Illinois EPA
also
proposes amending
this subsection
to provide that,
by May
1,
2010,
owners or operators
of printing lines
subject to Section
218/219.401(c)(3)
or (c)(4) shall
submit to the
Illinois
EPA records documenting
the dates
each subject
printing line and control
device
were
constructed at the subject
source.
The Illinois EPA
proposes
adding subsections (f),
(g),
and
(h).
Subsection (f)
establishes recordkeeping
and reporting
requirements for
any owner
or
operator of a
flexographic or rotogravure
printing
line that prints flexible
packaging
or prints flexible
packaging
and non-flexible
packaging
on the same line
and which
is
exempt from the
limitations of Section
218/219.401(d)
because of the criteria
in Section
218/219.402(b).
Subsection
(g)
establishes
recordkeeping
and reporting requirements
for any owner or
24
operator
of a printing
line
subject to
the
limitations of Section 218/219.401(d).
Subsection
(h) provides that all records required by subsections (f) and
(g)
shall be
retained
for
three years and shall
be
made available to the
Agency upon request.
Section
218/219.405
Lithographic Printing: Applicability
The Illinois EPA proposes amending this Section to separate requirements that are
applicable
prior to the
new compliance date
from
those applicable
after
the
new
compliance date. The Illinois EPA also proposes deleting requirements that were only
applicable until March 15, 1996, and reformatting/renumbering the remaining
subsections accordingly.
The Illinois EPA proposes adding a new subsection (c) to provide that, on and
after
May 1, 2010, the requirements in Sections 2l8/219.407(a)(1)(B) through (a)(1)(E)
and 218/219.407(b) and all
applicable provisions
in Sections 218/219.408 through
218/219.411 of
this Subpart shall apply to all owners or operators of heatset web offset
lithographic
printing line(s) if the
combined emissions
of VOM from all lithographic
printing
line(s) at the source (including solvents used for cleanup operations associated
with the
lithographic printing line(s)) ever
exceed
45.5 kg/day (100 lbs/day), before the
application of capture systems and control devices. On and after May 1, 2010, Sections
218/21 9.407(a)(
1 )(A), 218/21 9.407(a)(2) through (a)(5), and all applicable provisions in
Sections
218/219.408 through 218/219.411, shall apply to all owners
or
operators
of
lithographic printing
lines at sources where the combined
emissions of VOM from all
lithographic
printing lines at the source (including solvents used for cleanup operations
associated with
the
lithographic printing lines) ever total
6.8 kg/day (15
lbs/day) or more.
Finally,
subsection
(c) provides that, at sources where the
combined emissions of
VOM
25
from
all
lithographic
printing
line(s)
at the
source
equal
or
exceed
6.8 kg/day
(15
lbs/day)
but
do
not exceed
45.5
kg/day
(100
lbs/day),
before
the
application
of
capture
systems
and
control
devices,
certain
specified exclusions
apply
unless
the
owner
or operator
of
the
source
certifies
that the
source
will
not
make
use of
any
such
exclusions.
Section
2 18/219.406
Provisions
Applying
to
Heatset
Web
Offset
Lithographic
Printing
Prior
to
March
15,
1996
The
Illinois
EPA
proposes
repealing
this
Section, as
it
contains
requirements
that
were
applicable
prior
to
March
15,
1996.
Section
218/219.407
Emission
Limitations
and
Control
Requirements
for
Lithographic
Printing
Lines
On
and
After
March
15, 1996
The
Illinois
EPA
proposes
amending
this
Section
by
deleting
references
to the
previous
compliance
date
of
March
15,
1996,
and
separating
requirements
that
are
applicable
prior
to the
new
compliance
date
from
those
applicable
after
the new
compliance
date.
The
Illinois
EPA
also
proposes
changing
the
VOM
content
limitations
for
fountain
solutions
from
“by
volume”
to
“by
weight,”
as
USEPA
has
informed
the
Illinois
EPA
that
this
is
the
appropriate
way
to
measure
the
limit.
The
Illinois
EPA
proposes
amending
subsections
(a)(1)(C)
and
(b)
to
provide
that,
on and
after
May
1, 2010,
owners
or operators
of
subject
heatset
web offset
lithographic
printing
lines
shall
install
and
operate
an
afterburner
or
other
approved
control
device
so
that
VOM
emissions from
the
press
dryer
exhaust
are
reduced
by
90-95
percent,
by
weight,
depending
on
the
date
that
the afterburner
or
other
control
device
was
first
constructed at the
subject
source,
or
to a
maximum
afterburner
exhaust
outlet
concentration
of
20
ppmv
(as
carbon).
26
The
Illinois EPA
proposes amending
subsection
(a)( 1 )(D)
to delete references
to
monitoring
requirements
already
set forth
in
Section
218/219.410.
The Illinois EPA
proposes
amending
subsection
(a)(4)
to provide that, on
and
after
May
1, 2010,
owners
or operators
of sources that
meet the applicability
criteria in
Section
218/219.405(c)(3)
and do not certify
pursuant
to Section
218/219.41 1(g)(1)(B)
that
the source will
not make
use
of any of the
exclusions
in Section 218/219.405(c)(3)
shall not
cause or allow the use
of
a cleaning
solution
on
any lithographic printing
line
unless
the
VOM content of the
as-used cleaning
solution
is less
than
or equal to 70
percent,
by
weight,
or
shall satisfy the alternative
VOM
composite
partial
vapor pressure
limitation.
The Illinois
EPA
proposes
amending
subsection
(a)(5)
to specify that the storage
and disposal
requirements
for cleaning materials
apply except
when such
materials are
specifically
in use.
Section 218/219.408
Compliance
Schedule for
Lithographic
Printing
On
and After
March 15,
1996
The Illinois EPA
proposes
repealing
this
Section, as the pertinent
compliance
dates are set forth in Section
218/219.405.
Section 218/219.409
Testing for
Lithographic
Printing
On
and
After
March
15,
1996
The Illinois
EPA
proposes deleting
a reference
to the previous
compliance
date of
March 15,
1996,
in the title to this
Section.
Section 218/219.411
Recordkeeping and
Reporting
for
Lithographic
Printing
The
Illinois
EPA proposes
amending
this Section
by deleting
references
to the
previous
compliance
date
of March
15, 1996,
and clarifying
the requirements
that apply
27
to
sources
prior
to the
new compliance
date
and
those
that
apply on
and after
the
new
compliance
date.
The Illinois
EPA
also
proposes
inserting
into
this Section
the
equation
for
calculating
maximum
theoretic
emissions
of
VOM,
which
was previously
contained
in Section
218/219.406.
The
Illinois
EPA
proposes
adding
a
new
subsection
(b),
which
contains
recordkeeping
and
reporting
provisions
for
printing
lines
that
are exempt
on
and
after
May
1,
2010,
and
relettering
the
remaining
subsections
accordingly.
Subsection
(b)(
1)
governs
lithographic
printing
lines
exempt
pursuant
to
Section
218/219.405(c)(2).
Along
with
standard
recordkeeping
and
reporting
requirements,
the
Illinois
EPA
proposes
an
emission
adjustment
factor
to
be used
when
determining
VOM
emissions
from inks
used
on
lithographic
printing
line(s)
at the
source,
as
well as
an
emission
adjustment
factor to
be used
when
calculating
emissions
from
used
shop
towels
if the VOM
composite
vapor
pressure
of
each associated
cleaning
solution
is less
than 10
mniHg
measured
at 20°C
(68°F)
and
the shop
towels
are kept
in
closed
containers.
The
Illinois
EPA proposes
that,
as an
alternative
to
the
VOM emission
calculations
set forth
in subsection
(b)(1)(B),
a
source
may
determine
that
it emits
below
6.8
kg/day
(15
lbs/day)
of
VOM
if it complies
with
material
use limitations
during
each
calendar
month.
The
Illinois
EPA
proposes
that
the material
use
alternative
only
be
available
to
sources
with
only
one type
of lithographic
printing
operation
(e.g., a
source
with
only
heatset
web
offset
lithographic
printing
operations).
If
a
source
exceeds
the
material
use
limitation
in
any
given
month,
the
source
shall
complete
emissions
calculations
pursuant
to
subsection
(b)(1)(B)
within
15
days
of
the
end of
that month.
If
28
a source
exceeds
the
material
use
limitations
for
six
consecutive
months,
the
source
is no
longer
eligible
for
the
material
use alternative.
Subsection
(b)(2)
governs
heatset
web
offset
lithographic
printing
lines
exempt
pursuant
to
Section
218!219.405(c)(1)
but
not
exempt
pursuant
to Section
218/21
9.405(c)(2).
Along
with
standard
recordkeeping
and
reporting
requirements,
the
Illinois
EPA
proposes
an emission
adjustment
factor
to be
used
when
determining
VOM
emissions
from
inks
used
on lithographic
printing
line(s)
at
the
source,
and
an
emission
adjustment
factor
to
be
used
when
calculating
emissions
from
used
shop
towels
if
the
VOM
composite
vapor
pressure
of
each
associated
cleaning
solution
is
less
than
10
mmHg
measured
at
20°C
(68°F)
and
the
shop
towels
are
kept
in
closed
containers.
The Illinois
EPA
proposes
amending
subsection
(c)
to
provide
that
the
recordkeeping
requirements
in subsections
(c)(
1)
or
(c)(2)
do
not
apply
tc sources
utilizing
the
material
use limitation
alternative.
The
Illinois
EPA
also
proposes
deleting
subsection
(c)(3).
The
Illinois
EPA
proposes
amending
subsection
(d)
to
provide
that
sources
complying
with
the
add-on
control
device
requirement
shall
include
in
their
initial
certification
to
the Illinois
EPA
the
date that
the device
was
first
constructed
at
the
subject
source.
The
Illinois
EPA
also
proposes
amending
subsection
(d) to
change
the
frequency that
owners
or
operators
of heatset
web
offset
lithographic
printing
lines
complying with
the
add-on
control device
requirements
are
required
to
check
the air
flow
direction
or
air pressure
of the
dryer
and
press
room
from
once
a
day
to
once
per calendar
month.
29
The
Illinois EPA
proposes
amending
subsection
(e)(1)(C)
to provide
that a source
subject
to fountain
solution
VOM content
limitations
shall
include in
its initial
certification
a
statement
that the
fountain
solution
will
comply with
the VOM
content
limitations
in Section
21
8/219.407(a)(1)(A),
(a)(2),
or (a)(3),
as
applicable.
The
Illinois
EPA
proposes
amending
subsection
(e)(2)(C)
to provide
that
the
weight
of
each
component
used in a fountain
solution
batch
shall be recorded
by
sources, if
applicable.
The
Illinois
EPA
also proposes
deleting
subsection
(e)(4).
The
Illinois EPA
proposes
amending
subsection
(f)(1)
to
specify that
lithographic
printing
line
cleaning operations
that are
excluded
pursuant
to
Section
218/21 9.405(c)(3)(C)
are not
required to
submit
a certification
pursuant
to
subsection
(f).
The Illinois
EPA also
proposes
deleting
subsections
(f)(1)(A),
(f)(1)(C),
and
(f)(4),
and
amending
the
relettered
subsection
(f)( 1 )(A)
to provide
that a
source
subject
to
the
cleaning
requirements
in
Section 218/219.407
shall
include
in its
initial
certification
a
statement
that
the cleaning
solution
will
comply
with
the
limitations
in
Section
21
8/219.407(a)(4).
The Illinois
EPA
proposes adding
subsection
(g),
which
sets
forth
the
recordkeeping
and
reporting
requirements
for owners
or operators
of
lithographic
printing
line(s)
subject
to
one
or more
of
the
exclusions
set
forth
in Section
218/219.405(c)(3).
Such
owners
or
operators
shall
submit an
initial
certification
to the
Illinois
EPA,
collect
and
record
specified
information
for each
subject
printing
line,
notify the
Agency if
the
printing
line
ever becomes
ineligible
for
the
exclusions
set forth
in Section
218/21
9.405(c)(3),
and, if changing
between
opting
out of such
exclusions
and utilization
30
of
the
exclusions,
submit
an
additional
certification,
informing
the
Illinois
EPA
of the
change.
The
Illinois
EPA
proposes
adding subsection
(i),
which
sets
forth
emission
adjustment
factors
that
may
be
used
when
calculating
VOM emissions
from
heatset
web
offset
lithographic
printing
operations
for
purposes
other
than
the
applicability
thresholds
in
Section
218/219.405.
Section
218/219.412
Letterpress
Printing Lines:
Applicability
The
Illinois EPA
proposes
adding
this
Section,
which
addresses
the
applicability
of the
proposed
letterpress
printing
regulations.
Subsection
(a) of
this
Section
provides
that
the
limitations
in
Sections
218/219.413
through
218/219.416
apply
to all
owners
or
operators
of
heatset
web
letterpress
printing
lines
if
such
lines
(including
solvents
used
for
cleanup
operations
associated
with
such
lines)
at
the
source
have
a
potential
to
emit
22.7
Mg
(25
tons)
or
more
of
VOM
per
year.
Subsection
(a)
also
provides
that
Sections
218/219.413
through
218/219.416
apply
to
all
owners
or
operators
of
letterpress
printing
lines
at
sources
where
the
combined
emissions
of
VOM
from
all
letterpress
printing
lines
at
the
source
(including
solvents
used
for
cleanup
operations
associated
with
the
letterpress
printing
lines)
ever
equal
or
exceed
6.8
kg/day
(15
lbs/day),
in
the
absence
of
air
pollution
control
equipment.
Subsection
(b)
provides
that
the
requirements
of Section 218/219.4l3(a)(2)
shall
not
apply
to up
to 416.3
liters
(110
gallons)
per
year
of cleaning
materials
used
on
letterpress printing
lines
at
a subject
source.
3
Subsection
(c)
provides
that,
on and
after
May 1,
2010,
the recordkeeping
and
reporting
requirements
in
Section
218/219.417
shall apply
to all
owners
or
operators
of
letterpress
printing
line(s).
Subsection
(d) provides
that,
if a
letterpress
printing
line
at
a source
is or
becomes
subject
to one
or more
of the limitations
in Section
218/219.413,
the
letterpress
printing
lines
at the
source
are
always
subject
to the applicable
provisions
of Subpart
H.
Section
218/219.413
Emission
Limitations
and
Control
Requirements
for
Letterpress
Printing
Lines
The
Illinois
EPA
proposes
adding
this
Section.
Subsection
(a) provides
that
heatset
web
letterpress
printing
lines
that
meet
the
applicability
requirements
of Section
218/219.41
2(a)(1)
shall
maintain
the
air pressure
in
the
dryer
lower
than
the
air
pressure
of the press
room
and
install
and operate
an
afterburner
that reduces
VOM
emissions
by
90-95
percent,
by
weight,
depending
on
the
date that
the
afterburner
was first
constructed
at the
subject
source,
or to
a
maximum
afterburner
exhaust
outlet
concentration
of
20
ppmv
(as carbon).
Such
printing
lines shall
also
equip
the afterburner
with
applicable
monitoring
equipment
and
operate
the
afterburner
at
all
times
when the
printing
line
is in
operation,
except
as provided
in Section
218/219.107.
Subsection
(a)
further
provides
that
no
owner
or operator
of
subject
letterpress
printing
lines
shall
use
cleaning
solutions
on
such
lines
unless
the
VOM
content
of the
as
used cleaning
solution
is less
than
or equal
to
70 percent,
by weight,
or
the VOM
composite
partial
vapor
pressure
of the
as-used
cleaning
solution
is less
than
10
mmHg
at
20
degrees
Celsius.
Cleaning
materials
must
be kept,
stored,
and
disposed
of
in
closed
containers,
except
when
specifically
in
use.
32
Subsection
(b) provides
that
heatset
web letterpress
printing lines may
use a
control
device other than
an afterburner
if
the control
device meets the
VOM emission
reduction
requirements
in
subsection
(a)
and is approved
by the
Illinois
EPA
and
USEPA
as federally enforceable
permit
conditions.
Section 218/219.415
Testing for
Letterpress
Printing Lines
The Illinois EPA
proposes
adding this
Section,
which sets forth
the testing
requirements that apply
to
owners
or
operators
of letterpress printing
lines subject to
Section 218/219.413.
Subsection
(a) provides that
testing to demonstrate
compliance
with 218/219.413
shall be conducted
at the expense
of the owner
or operator within
90
days
of
a request
by
the
Illinois
EPA,
and
the
owner or operator
shall notify the Illinois
EPA
30 days in advance
of conducting
such
testing.
Subsection
(b) describes
the
methods and
procedures in Section
218/219.105(d)
and (f)
that shall
be used for testing
to demonstrate
compliance with
the add-on
control
device requirements
of Section
218/219.413
(a)( 1 )(B)
and
(b)( 1).
Subsection
(c) provides
that testing
to demonstrate
compliance with the
VOM
content limitations
in Section
2l8/2l9.413(a)(2)(A)
and
to determine the VOM
content
of
cleaning
solvents, cleaning
solutions, and inks
shall be conducted
using the applicable
test
methods
and procedures
in Section 218/219.105(a).
The manufacturer’s
specifications for
VOM
content for cleaning
solvents
and
inks may be used
if such
specifications are based
on results
of tests conducted in
accordance
with
Section
218/219.105(a).
33
Subsection
(d) provides
that
testing
to demonstrate
compliance
with
Section
218/219.413(b)
shall
be
conducted
as
set
forth
in the
owner
or
operator’s
plan
approved
by
the Illinois
EPA
and
USEPA
as
federally
enforceable
permit
conditions.
Subsection
(e)
provides
that
testing
to determine
the
VOM
composite
partial
vapor
pressure
of cleaning
solvents,
cleaning
solvent
cOncentrates,
and
as-used
cleaning
solutions shall
be conducted
in accordance
with
the
applicable
methods
and procedures
specified
in
Section
218/219.110.
Section
218/219.416
Monitoring
Requirements
for
Letterpress
Printing
Lines
The
Illinois
EPA
proposes
adding
this
Section.
Subsection
(a) provides
that,
if
an
afterburner
is
used
to demonstrate
compliance,
the
owner
or
operator
of a
heatset
web
letterpress
printing
line
shall
install,
calibrate, maintain,
and
operate
temperature
monitoring
devices
with
an
accuracy
of 3°
C or
5°
F on
the
afterburner
in accordance
with
Section
218/219.1
05(d)(2)
and
in accordance
with
the
manufacturer’s
specifications.
Monitoring
shall
be performed
at all
times
when
the
afterburner
is
operating.
Such
owners
or
operators
shall also
install,
calibrate,
operate,
and
maintain
in
accordance
with
manufacturer’s
specifications
a
continuous
recorder
on
the
temperature
monitoring
devices
with
at
least
the
same
accuracy
as
the
temperature
monitor.
Subsection
(b)
provides
that if
a control
device
other
than
an afterburner
is used
to
demonstrate
compliance,
the
owner
or
operator
of
a heatset
web
letterpress
printing
line
shall
install,
maintain,
calibrate,
and
operate
such
monitoring
equipment
as
set forth
in
the owner
or
operator’s
plan
approved
by the
Illinois
EPA
and USEPA
pursuant
to
Section
218/219.413(b).
34
Subsection
(c) sets forth
the monitoring
requirements for
owners or operators of
letterpress
printing lines relying
on the VOM
content
of the cleaning
solution
to
comply
with Section
218/219.413
(a)(2)(A),
or relying on
the vapor pressure
of the cleaning
solution
to comply with Section
218/219.413(a)(2)(B).
Section
218/219.417 Recordkeeping
and
Reporting
for
Letterpress Printing
Lines
The
Illinois EPA proposes
adding this
Section.
Subsection
(a) provides
that the
owner or operator
of a
heatset web letterpress
printing line
exempt from
any of the
limitations of Section
218/219.413
because
of the criteria
in Section
2l8/219.412(a)(1)
shall submit
a
certification
to the
Illinois
EPA
that
includes a declaration
that the source
is exempt and
calculations that demonstrate
that
the source’s
total potential to emit
VOM
does
not
equal or
exceed 25
tons per year.
Subsection
(b) provides
that
the
owner
or
operator
of a letterpress
printing line
exempt
from any
of the limitations of
Section 218/219.413
because
of the criteria in
Section
218/2l9.412(a)(2)
shall submit
a certification
to the Illinois
EPA
that includes
a
declaration
that the source is exempt,
calculations
that demonstrate
that
combined
emissions
of VOM from
all letterpress
printing lines
at the source
never equal
or
exceed
6.8
kg/day
(15
lbs/day),
and a
description and the
results of all tests
used
to determine
the
VOM
content
of inks and cleaning
solvents. Such
sources shall
also
notify the
Agency if
the
combined
emissions of VOM
from all letterpress
printing
lines at the source
ever
equal or
exceed 6.8 kg/day (15
lbs/day).
Subsection (b)
further provides that,
as
an alternative
to the
VOM
emission
calculations
set forth
in subsection
(b)(l)(B), a source may
determine
that it emits below
6.8
kg/day
(15 lbs/day)
of VOM if it complies
with material
use limitations
during
each
35
calendar
month.
The
material
use
alternative
shall
only
be
available
to
sources
with
only
one
type
of
letterpress
printing
operation
(e.g.,
a
source
with
only
heatset
web
letterpress
printing
operations).
If
a source
exceeds
the
material
use
limitation
in
any
given
month,
the
source
shall
complete
emissions
calculations
pursuant
to
subsection
(b)(1)(B)
within
15
days
of
the
end
of
that
month.
If
a source
exceeds
the
material
use
limitations
for
six
consecutive
months,
the
source
is
no longer
eligible
for
the
material
use
alternative.
Subsection
(c) provides
that,
unless
utilizing
the
material
use
alternative,
the
owner
or operator
of a
letterpress
printing
line
subject
to
the
requirements
in
subsection
(a)
or
(b)
of
this Section
shall
collect
and
record
either
the
specified
standard
recordkeeping
information
or
the
specified
purchase
and
inventory
recordkeeping
information.
Subsection
(d)
provides
that
the
owner
or
operator
of a heatset
web
letterpress
printing
line
subject
to
Section
2181219.413(a)(1)(B)
or
(b)(l)
of
this
Subpart
shall
submit
a
certification
to
the
Illinois
EPA
that
includes
identification
of
each
heatset
web
letterpress printing
line
at
the
source,
a declaration
that
each
such
line
is
in
compliance
with
Section
218/219.413(a)(1)
or
(b),
the
type
of afterburner or
other
approved
control
device
being
used
and
the
date
that
such
device
was
first
constructed
at the
subject
source,
the
control
requirements
with
which
the printing
line
is complying,
the
results
of
all tests
and
calculations
necessary
to
demonstrate
compliance,
and
a declaration
that
the
required
monitoring equipment
has
been
properly
installed
and
calibrated.
The
owner
or
operator
shall
also
collect
and
record
specified
information
for
each
heatset
web
letterpress
printing
line
and
notify
the Illinois
EPA
of any
violation
of
Section
218/219.413(a)(1)(B)
or
(b)(1).
36
operator
shall
also
collect
and
record
specified
information
for
each
heatset
web
letterpress
printing
line
and
notify
the
Illinois
EPA
of
any violation
of
Section
218/219.413(a)(l)(B)
or
(b)(l).
Subsection
(d) further
provides
that
if
testing
of
an afterburner
or
other
approved
control
device
is
conducted
pursuant
to
Section
218/219.415(b),
the owner
or operator
shall
submit
a copy
of
all
test
results
to
the
Illinois
EPA,
as
well
as
a certification
that
includes
a
declaration
that
all
necessary
tests
and
calculations
have
been
performed,
a
statement
whether
the
printing
line
is
in
compliance
with
Section
218/219.413(a)(1)(B)
or
(b)(
1),
and
the operating
parameters
of
the
afterburner
or
other
approved
control
device
during
testing.
If
changing
its
method
of
compliance
between
subsections
(a)(1)(B)
and
(b)
of Section
218/219.413,
the
owner
or
operator
must
certify
compliance
for
the
new
method
of
compliance
and
perform
all
tests
and
calculations
necessary
to demonstrate
compliance
with
such
method.
Subsection
(e)
establishes
recordkeeping
and
reporting
requirements
for
letterpress printing
line
cleaning
operations.
Subsection
(e)
provides
that
the
owner
or
operator
of
a
letterpress
printing
line
shall
certify
to
the Illinois
EPA
that
all
cleaning
solutions,
other
than
those
excluded
pursuant
to Section
2 18.412(b),
and
the
handling
of
all
cleaning
materials
will
be
in
compliance
with
Section
218/219.413(a)(2)(A)
or
(a)(2)(B)
and
(a)(3).
The
certification
shall
also include
specified
information
regarding
the
cleaning
operations of the
subject
printing
line.
The
owner
or
operator
shall
collect
and
record
specified
information
for
each
solution
used
on each
letterpress
printing
line
and
notify
the
Illinois
EPA
of
any
violation
of Section
218/219.413.
37
Subsection
(f)
provides that
the
owner
or
operator
of
a
printing
line shall maintain
all records
required
by
this
Section
at the
source for
a minimum
period
of three
years and
shall make
all
records
available
to
the
Agency
upon
request.
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
By:
C2
Dana
Vetterhoffe’
Division
of
Legal
Counsel
DATED:
July
8,
2009
1021
N.
Grand
Ave.
East
P.O. Box 19276
Springfield,
IL
62794-9276
(217) 782-5544
38
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
THEMATTEROF:
)
AMENDMENTS
TO 35
ILL. ADM.
CODE
218,
)
(Rulemaking-Air)
ORGANIC
MATERIAL
EMISSION
)
STANDARDS
FOR THE
CHICAGO
AREA,
)
35 ILL.
ADM.
CODE
219,
ORGANIC
)
MATERIAL
EMISSION
STANDARDS
FOR
)
CLERK’S
OFFICE
THE
35 ILL.
METRO
ADM.
EASTCODE
AREA,
211
AND
))
JUL
S
fJQ9
MOTION
FOR
EXPEDITED
REVIEW
The
Proponent,
the Illinois
Environmental
Protection
Agency
(“Illinois
EPA”),
by its
attorney,
and
pursuant
to 35
Ill. Adm.
Code
101.512,
respectfully
submits
this
Motion
for
Expedited
Review
(“Motion”).
In
support
of
its Motion,
the
Illinois
EPA
states
as
follows:
1.
Expedited
review
of
this
proposal
is
necessary
because
the
Chicago
and
Metro
East
nonattainment
areas (“NAA”)
cannot
be
redesignated
to
attainment
of the
1997
8-hour
ozone
National
Ambient
Air
Quality
Standard
(“NAAQS”)
until
these proposed
amendments are
submitted
to
and approved
by the
United
States
Environmental
Protection
Agency
(“USEPA”)
as
State
Implementation
Plan
(“SIP”)
revisions.
2. Redesignation
is
necessary
to (a)
ensure
that any
potential
future violations
of the
1997
ozone
standard
do not
result
in
a
reclassification
of
the ozone
NAAs;
(b)
mitigate
the
requirements
that Illinois
will
be obligated
to
meet
under
USEPA’s
future
transition
policy
from
the
1997
ozone
standard
to
the strengthened
2008
standard;
and
(c)
avoid
any
complications
that
may
arise
from
such
transition
policy.
Proposed
Rulemaking
3.
The
Illinois
EPA’s
rulemaking
proposal
is
intended
to
satisfy
Illinois’
obligation
to
submit
a
SIP to
address
requirements
under
Sections
172
and 182
of
the
Clean
Air
Act
(“CAA”)
1
for
sources
of
volatile
organic
material
(“VOM”) emissions
in areas
designated
as nonattainment
with
respect
to
the
ozone
NAAQS.
4.
Section
1 82(b)(2)
of the
CAA
provides
that,
for
ozone
NAAs,
the
State
must
revise
its
SIP
to
include
reasonably
available
control
technology
(“RACT”)
for
sources
of
VOM
emissions
covered
by a control
techniques
guideline
(“CTG”) issued
between
November
15,
1990,
and
the
date
of attainment.
42
U.S.C.
§
7511a(b)(2).
5 On
October
5, 2006,
the
USEPA issued
final
CTGs
for
Group
II
Consumer
and
Commercial
Product
Categories.
This
rulemaking
is
intended
to
implement
the
RACT
recommendations
contained
in the
CTGs.
Attainment
of
the 1997
8-hour
Ozone
NAAQS
6.
The
Chicago
NAA
is
currently
attaining
the
1997
ozone
NAAQS
(“1997
standard”),
and
the Metro-East
NAA
is
on
track
to
attaining
the
standard
in 2009,
as
required.
In July
2007
and
March
2009,
the
Illinois
EPA
submitted
to
the
USEPA
attainment
demonstrations
for
the
1997
standard
for the
Metro
East
and
Chicago
NAAs,
respectively.
7.
Section
107(d)(3)(E)
of
the CAA,
however,
provides
that
the
USEPA
may
not
redesignate
a
NAA
unless
the State
has
a
fully-approved
SIP
for
the
area
seeking
redesignation
and
the State
has
met
all applicable requirements
of
Section
110
and
Part
D
(which
includes
the
requirement that
states
adopt
VOC
RACT
rules
for categories
covered
by
a CTG).
42
U.S.C.
§
7407(d)(3)(E).
8:
The
Chicago
and
Metro
East
NAAs
therefore
cannot
be
redesignated
to
attainment
of
the 1997
standard
unless
and
until
the
Illinois
EPA
submits
SIP
revisions
in response
to
Group
II
CTGs
and
the USEPA
approves
such
revisions.
Strengthened
Ozone
NAAQS
9. On
March
27,
2008,
the
USEPA
finalized
a strengthened
8-hour
ozone NAAQS
(“revised
standard”).
73
Fed.
Reg.
16436
(March
27, 2008).
10.
Tn March
of 2009,
the
Illinois
EPA
recommended
to
the USEPA
that
the
same
areas
in Illinois
that
are
currently
designated
as nonattainment
for the
1997
standard
be
designated
as
nonattainment
for
the
revised
standard
as
well, with
the
exception
of
Jersey
County.
11.
The
USEPA
is
expected
to finalize
nonattainment
designations
by March
2010.
In
conjunction
with final
designations,
the
USEPA
will
issue
guidance
for
states
transitioning
from
the
1997
standard
to the
revised
standard.
Necessity
of
Expedited
Review
12.
As
stated
above,
the
Chicago
NAA
currently
qualifies
for
redesignation
to attainment
of the
1997
standard
based
upon
2008 data,
and
the
Metro-East
NAA
is expected
to
qualify
for
redesignation shortly.
13.
If
either
NAA
violates
the
1997
standard
prior
to formal
redesignation,
however,
it is
possible
that
such
area
would
be
“bumped
up” from
its
current
“moderate”
nonattainment
classification
to a
“serious”
or
higher
classification.
42
U.S.C.
§
751
la(b)(2).
14.
Areas
designated
as “serious”
are subject
to
more
stringent
requirements,
including
a
lower
major
source
threshold,
enhanced
monitoring
requirements,
and a
stricter
emission
offset
ratio.
See42
U.S.C.
§
7511a(c).
15.
Violations
of the
1997
standard
that
occur
subsequent
to redesignation,
on
the
other
hand, do
not
trigger
reclassification.
The
area
in
which
the
violation
occurred
would
merely
be
required
to
implement
targeted
control
measures
pursuant
to
contingency
provisions
contained
in
the area’s
maintenance
plan.
See
42
U.S.C.
§
7505
a.
16.
Redesignation
is
therefore
necessary
to foreclose
the risk
that
a future
violation
of
the
1997 standard
will
implicate
reclassification
and,
in
turn, heightened
control
measures.
17.
Further,
the USEPA’s
future transition
policy
between
the 1997
standard
and
the
revised
standard
will most
likely impose
additional
obligations
upon
areas that are
still
designated
as
nonattainment
for
the 1997 standard
at the
time final
designations
for the
revised
standard
are made.
(See,
e.g., 40
C.F.R.
§
51
.905(a)(1),
which
sets
forth
added
requirements
for
areas
that
were
nonattainment
for the 1
-hour ozone
NAAQS
at the time
nonattaimment
designations
for
the
1997
standard
were
finalized).
18. Any
complications
that arise
in
connection
with
the future
transition
policy,
such
as
legal challenges,
could
potentially
affect
such NAAs
as well.
Illinois, for
example,
was
attaining
the
1-hour ozone
standard but
had not
yet been
formally
redesignated
at
the time
the USEPA
finalized
nonattainment
designations
for the 1997
standard.
Consequently,
Illinois
was subject
to
the
USEPA’s
1-hour/8-hour
transition
policies,
and
is still
dealing with
the ramifications
of
several lawsuits
that
arose
challenging,
among
other things,
the transition
portions
of
USEPA’s
8-hour
implementation
rules.
(See,
e.g., South
Coast Air
Quality
Mgt.
Dist. v.
Environmental
Protection
Agency,
472
F.3d 882 (D.C.
Cir. 2006)).
(One
such ramification,
for
instance,
is the
continued
possibility
that
the major
source
threshold
for
the Chicago
NAA will
be lowered
from
100
tons per year
(the threshold
for
moderate
areas
under the
8-hour
standard)
to 25 tons
per year
(the
threshold
for
severe areas
under the
1-hour
standard)).
19. ‘While
the details
of
USEPA’s
transition
policy, and
whether
such
policy will
likely
result
in litigation,
is
uncertain,
a timely
redesignation
to
attainment
(i.e., redesignation
prior to
the
date
the
USEPA
finalizes
nonattainment
designations
for the revised
standard)
would
render
the
above
contingencies
moot.
4
20. Redesignation
is
needed
to
ensure that
Illinois
avoids
needless
additional
hurdles
and
reaps
the benefits
of the
air quality
planning
efforts
that
led to
attainment
of the
1997
standard.
21. In
light
of the
foregoing,
it
is necessary
to
expedite
review
in
this matter.
22.
As
required
by 35
Iii. Adm.
Code
Section
101.5
12,
this Motion
is accompanied
by
an
Affirmation
attesting
that
the facts
cited
herein
are
true.
WHEREFORE,
for
the
reasons
set forth
above,
the
Illinois
EPA
respectfully
requests
that
the
Board
grant
this Motion
and
expedite
review
in
this
matter.
Respectfully
submitted,
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
By:
(2
Dana
Vetterhoffer
Assistant
Counsel
Division
of
Legal
Counsel
DATED:
July
8,
2009
1021
N. Grand
Ave.
East
P.O.
Box
19276
Springfield,
IL
62794-9276
(217)
782-5544
5
BEFORE THE
ILLINOIS POLLUTION
CONTROL
BOARD
IN
THE
MATTER OF:
)
)
R09-
AMENDMENTS
TO 35 ILL.
ADM. CODE 218,
)
(Rulemaking-Air)
ORGANIC
MATERIAL
EMISSION
)
STANDARDS
FOR
THE
CHICAGO AREA,
)
35 ILL.
ADM. CODE
219,
ORGANIC
)
MATERIAL
EMISSION STANDARDS
FOR
)
THE METRO
EAST AREA,
AND
)
35 ILL. ADM.
CODE
211
AFFIRMATION
I, Dana Vetterhoffer,
under oath, hereby
state and
affirm that I am
an Assistant
Counsel
for the
Illinois
EPA
and
that the facts cited
in the
foregoing
Motion
for Expedited Review
are
true and correct to
the best
of
my information and belief.
c
Dana Vetterhoffer
Assistant
Counsel
Division
of Legal Counsel
SUBSCRIBED
AND
SWORN TO BEFORE
ME
thisayof
Scj
)
,2009
Notary Public
OFFICIAL
SEAL
±
:
BRENDA
BOENNER
:
::
NOTARY
PUBLIC,
STATE
OF
ILUNOIS
MY
COMMISSION
XPIR6
ii
aouo
6
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
IN
THE
MATTER
OF:
)
)
AMENDMENTS
TO
35
ILL.
ADM.
CODE
218,
ORGANIC
MATERIAL
EMISSION
STANDARDS
FOR
THE
CHICAGO
AREA,
35
ILL.
ADM. CODE
219,
ORGANIC
MATERIAL
EMISSION
STANDARDS
FOR
THE
METRO EAST
AREA,
AND
35
ILL.
ADM.
CODE
211
CLERK’S
OFFICE
JUL
u
92009
STATE
OF
ILLINOIS
Pollution
Control
B0rd
I,
the
undersigned,
an
attorney,
state
that
I
have
served
the
attached
REGULATORY
PROPOSAL
entitled
“AMENDMENTS
TO
35
ILL.
ADM.
CODE
218,
ORGANIC
MATERIAL
EMISSION
STANDARDS
FOR
THE
CHICAGO
AREA,
35
ILL.
ADM.
CODE
219,
ORGANIC
MATERIAL
EMISSION
STANDARDS
FOR
THE
METRO
EAST
AREA,
AND
35
ILL.
ADM.
CODE
211,”
MOTION
FOR
WAIVER,
MOTION
FOR
EXPEDITED
REVIEW,
and
APPEARANCES
of
the
Illinois
Environmental
Protection
Agency
upon
the
person
to
whom
it
is
directed,
by
mailing
it
by
first-class
mail
from
Springfield,
Illinois,
with
sufficient
postage
affixed, to
the
following
persons:
John
Therriault,
Assistant
Clerk
Illinois
Pollution
Control
Board
James
R.
Thompson
Center
100
West
Randolph,
Suite
11-500
Chicago,
Illinois
60601-3218
Virginia
Yang
Deputy
Legal
Counsel
Illinois
Department
of
Natural
Resources
One
Natural
Resources
Way
Springfield,
IL
62702
Matthew
Durm,
Chief
Division of
Environmental
Enforcement
Office
of
the
Attorney
General
188
West
Randolph,
20
th
Floor
Chicago,
IL
60601
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
By:
C.n
Dana
Vetterhoffer
//
Assistant
Counsel
Division
of
Legal
Counsel
)
(Rulemaking-Air)
)
)
)
)
)
)
CERTIFICATE
OF
SERVICE