ILJJNOIS
    POLLUTION CONTROL
    BOARD
    November 5,
    2009
    NOV
    0
    2009
    IN
    THE MATFER
    OF:
    )
    STATE OF
    ILUNOIS
    )
    PoUution
    Control
    Board
    REASONABLY
    AVAILABLE
    CONTROL
    )
    Rl0-10
    TECHNOLOGY
    (RACT) FOR
    VOLATILE
    )
    (Rulemaking
    - Air)
    ORGANIC
    MATERIAL
    EMISSION FROM
    )
    GROUP
    III CONSUMER
    & COMMERCIAL
    )
    PRODUCTS:
    PROPOSED
    AMENDMENTS
    TO
    )
    35 ILL.
    ADM.
    CODE
    218 AND 219
    )
    NOTICE OF HEARINGS
    DATES,
    TIMES, ANT)
    LOCATIONS
    FIRST
    HEARING:
    WEDNESDAY,
    DECEMBER
    9,
    2009,
    TO BE
    CONTINUED DAY-TO-DAY
    UNTIL
    BUSINESS
    IS
    COMPLETE
    10:00 AM
    James R. Thompson
    Center
    100 W. Randolph
    St.
    Pollution Control
    Board
    Conference
    Room
    11-512
    Chicago,
    Illinois
    SECOND HEARING
    (IF
    NECESSARY):
    WEDNESDAY,
    JAN[JARY
    6,2010, TO BE
    CONTINUED
    DAY-TO-DAY
    UNTIL
    BUSINESS
    IS
    COMPLETE
    10:00
    AM
    Michael A.
    Bilandic Building
    160 N.
    LaSalle Street
    Room
    N-505
    Chicago,
    Illinois
    THIRD HEARING
    (IF NECESSARY):
    WEDNESDAY,
    JANUARY
    20, 2010, TO
    BE
    CONTINUED DAY-TO-DAY
    UNTIL
    BUSINESS
    IS COMPLETE
    10:00 AM
    Michael A.
    Bilandic
    Building
    160
    N.
    LaSalle
    Street
    Room N-505

    2
    Chicago,
    Illinois
    PURPOSE
    OF
    HEARINGS:
    Merit
    and Economic
    ATTENDING
    BOARD
    MEMBER:
    Andrea
    S. Moore
    HEARING
    OFFICER:
    Timothy
    J. Fox
    HEARING
    OFFICER
    ORDER
    Statutory
    Requirements
    The
    Illinois
    Environmental
    Protection
    Agency
    (Agency)
    filed
    this
    rulemaking
    proposal
    pursuant
    to
    authorities
    including
    the newly re-enacted
    Section
    28.5 of the
    Environmental
    Protection
    Act
    (Act). See
    Public
    Act 96-0308,
    eff.
    Aug.
    11, 2009
    (P.A. 96-0308)
    (reenacting
    repealed
    Section
    28.5).
    That
    provision
    requires
    the Board
    to
    proceed
    toward
    adoption of
    the
    proposed
    regulation
    by meeting
    a series of
    strict
    deadlines.
    The
    Board
    has applied
    those
    deadlines
    to
    this
    proceeding
    in its
    opinion and
    order of
    November
    5,
    2009, and
    in this notice
    of
    hearing
    and order.
    Section
    28.5
    specifies
    the
    timing
    and
    purpose
    for each hearing
    and
    establishes
    other
    procedural
    requirements.
    Section
    28.5(f)(1)
    provides
    that “[t]he
    first hearing
    shall
    be held within
    55 days of
    receipt
    of
    the rule
    and
    shall
    be
    confined
    to testimony
    by and
    questions
    of the
    Agency’s
    witnesses
    concerning
    the
    scope,
    applicability,
    and
    basis of
    the
    rule. Within
    7 days
    after
    the first hearing,
    any
    person
    may
    request that
    the second
    hearing
    be
    held.” P.A.
    96-03
    08.
    Section 28.5(f)(1)(A)
    provides
    in
    pertinent
    part
    that “[i]f, after
    the
    first hearing,
    the
    Agency
    and affected
    entities
    are in
    agreement
    on the rule,
    the United
    States Environmental
    Protection
    Agency
    has not
    informed
    the Board
    of
    any
    unresolved
    objection to
    the rule,
    and no
    other
    interested
    party
    contests
    the rule
    or
    asks
    for the opportunity
    to
    present additional
    evidence,
    the Board
    may cancel
    the additional
    hearings.”
    P.A.
    96-0308.
    Section
    28.5(f)(1)(B)
    provides
    in
    pertinent
    part
    that
    [i]
    f, after
    the
    first hearing,
    the
    Agency
    and
    affected
    entities are
    in agreement
    upon
    a portion
    of the rule,
    the United
    States
    Environmental
    Protection
    Agency
    has
    not
    informed
    the
    Board
    of any unresolved
    objection
    to
    that agreed
    portion of
    the rule,
    and no other
    interested
    party
    contests
    the
    agreed
    portion of
    the
    rule
    or
    asks for the
    opportunity
    to present
    additional
    evidence,
    the Board
    must
    proceed
    to the
    second
    hearing,
    . .
    . but
    the
    hearing
    shall
    be
    limited in scope
    to the
    unresolved
    portion of
    the
    proposal.
    Id.
    Section
    28.5(0(2)
    provides
    that, if
    it is
    necessary,
    “[t]he
    second
    hearing
    shall
    be
    scheduled
    to
    commence
    within
    30 days
    of the first
    day of the
    first hearing
    and shall
    be devoted
    to
    presentation
    of testimony,
    documents,
    and
    comments
    by affected
    entities
    and
    all
    other interested
    parties.”
    P.A.
    96-0308.
    Section
    28.5(0(3)
    provides
    that, if it
    is necessary,

    3
    [t]he
    third hearing shall
    be scheduled to
    commence within 14
    days after
    the
    first
    day
    of the second hearing
    and shall
    be devoted solely to any
    Agency response
    to
    the material
    submitted
    at the second hearing
    and to any
    response by other
    parties.
    The
    third hearing
    shall be cancelled
    if the
    Agency
    indicates to the Board
    that it
    does not intend to
    introduce
    any
    additional material.
    Id.
    Section 28.5(f)
    provides that “[t]he
    Board must
    require the written
    submission
    of
    all
    testimony
    at least 10
    days
    before a
    hearing, with simultaneous
    service
    to all participants of
    record
    in
    the proceeding
    as of 15 days
    prior to hearing,
    unless
    a waiver is
    granted
    by the
    Board
    for good
    cause.” P.A.
    96-0308.
    Section
    28.5(k)
    provides that, “[f]ollowing
    the hearings,
    the Board must
    close the record
    14 days after
    the
    availability
    of
    the transcript.”
    P.A. 96-0308.
    Section 28.5(n) provides
    that
    [t]he Board must complete
    a
    fast-track
    rulemaking by
    adopting a second
    notice
    order
    no later than
    130 days after receipt
    of
    the proposal
    if no third hearing
    is held
    and no later than 150
    days
    if the
    third hearing is held.
    If the
    order
    includes a rule,
    the Illinois [Pollution
    Control]
    Board must file the
    rule for second
    notice under
    the
    Illinois
    Administrative Procedure
    Act within
    5 days after adoption
    of
    the
    order. P.A
    96-0308; see 5
    ILCS 100/5-40 (2008).
    Also,
    Section 28.5(o) provides
    that, “[u]pon
    receipt of a statement
    of no objection
    to
    the rule from the
    Joint Committee
    on Administrative
    Rules, the
    Board must adopt the
    final order and
    submit the rule
    to the Secretary
    of State for publication
    and certification
    within 21
    days.” P.A. 96-03 08.
    The
    Board has no discretion
    to adjust
    the strict deadlines
    established in
    Section
    28.5
    of
    the Act. See
    P.A. 96-0308. Therefore,
    the first
    hearing will begin
    as indicated above
    on
    Wednesday,
    December
    9, 2009,
    and is not
    subject to continuation
    or cancellation
    by
    the
    Board.
    The second and
    third hearings, if
    necessary, will
    begin on the dates listed
    above
    in
    the notice of
    hearings.
    At the
    second
    hearing,
    participants
    may offer testimony
    or comment
    on
    the Board’s
    request to the
    Department of Commerce
    and Economic
    Opportunity
    for
    an economic
    impact
    study. See
    415 ILCS
    5/27(b)
    (2008).
    Service and Notice
    Lists
    The Board will
    establish a notice
    list and a service
    list for this proceeding.
    All persons
    on
    the notice
    list will receive
    notice
    of all
    Board actions
    and hearing officer orders.
    35 Ill. Adm.
    Code
    102.422(a).
    Under Section
    102.422(b)
    of
    the Board’s procedural
    rules,

    4
    [t]he
    hearing officer
    may establish
    a service list for
    any regulatory
    proceeding, in
    addition
    to the
    notice list. The hearing
    officer may
    direct participants
    to
    serve
    copies
    of
    all documents
    upon the
    persons
    listed
    on the service list.
    . .
    .
    For
    purposes of fast-track
    rulemakings
    under
    Section 28.5 of the Act,
    participants of
    record
    will
    be the individuals
    on the service
    list.
    35 Iii. Adm.
    Code
    102.422(b).
    In
    addition
    to receiving
    notice
    of all Board actions
    and hearing officer
    orders,
    persons
    on the
    service list
    will
    receive pre-filed
    testimony and
    other filings
    in this proceeding. The
    service
    list
    is
    intended
    for persons such as
    those
    who will
    be testifying and
    participating actively
    in this
    rulemaking.
    The
    Board
    notes that the Agency’s
    proposal
    included a Technical
    Support
    Document
    (TSD),
    Table
    11
    of which lists 24
    potentially affected
    sources. TSD
    at 34-35. The Board
    begins
    this
    rulemaking proceeding
    by
    including
    in
    the
    Notice List each of the
    24
    sources
    listed in Table
    11 of
    the
    Agency’s
    TSD. While
    the Board will mail
    a copy
    of the
    Board’s November
    5, 2009,
    order
    and this hearing
    officer order
    to each
    of
    those 24
    sources, the Board
    will provide
    copies of
    any
    subsequent
    opinions
    and orders
    only to those who
    specifically
    indicate that they wish
    to
    remain
    on either the Service
    List or
    Notice List
    for this proceeding.
    Any
    entity wishing
    to
    remain
    on the Service
    List
    or
    Notice
    List must provide
    the information
    requested in the
    form
    attached to this order
    as Attachment
    A to the Board
    by
    Friday, November
    20, 2009.
    In order
    to clarify the
    record in this proceeding,
    Attachment
    B to this order
    contains
    the
    names,
    mailing
    addresses, and
    contact
    names
    for each of the 24
    entities listed
    by
    the Agency
    in
    Table 11 of its
    TSD
    and to
    each of which
    the Board has mailed
    its
    November
    5, 2009, order
    and
    this hearing
    officer order.
    Note
    that,
    through
    the Clerk’s
    Office On-Line (COOL)
    on the
    Board’s Web site
    (www.ipcb.state.iLus),
    persons
    can request
    to receive electronic
    notification.
    This “e
    notification”
    generates
    an e-mail message
    when the Board
    receives
    and
    dockets a filing in this
    proceeding.
    These
    newly-filed
    documents
    will then
    be
    available
    to view,
    download,
    and
    print
    free of charge.
    Also
    through
    COOL, pre-filed
    testimony,
    public comments,
    and other filings
    are
    available
    generally for viewing
    and downloading.
    One exception
    to this availability
    may
    be
    voluminous
    filings, which
    will
    nonetheless
    be available
    upon request
    to
    the
    Clerk’s office.
    With
    the
    access
    to filings provided
    by
    COOL,
    persons who are not
    on the service
    list and wish to
    file
    only a public
    comment
    need not serve their
    comments on
    the service list
    in this proceeding.
    Pre-Filing
    Testimony
    As noted above,
    Section 28.5(f)
    provides strict
    deadlines for pre-filing
    testimony.
    In a
    “fast-track” rulemaking,
    “[t]he
    Board must require the
    written
    submission
    of all testimony
    at
    least 10
    days before
    a
    hearing, with
    simultaneous
    service to all
    participants of record
    in the
    proceeding as of
    15 days
    prior
    to hearing, unless
    a waiver is granted
    by the Board
    for good
    cause.” P.A.
    96-0308 (emphasis
    added).
    Service Lists

    5
    For
    purposes
    of serving
    pre-filed
    testimony,
    the service list for
    the first
    hearing
    will close
    on Tuesday,
    November
    24, 2009;
    the service list
    for
    the
    second hearing
    will close
    on Tuesday,
    December
    22, 2009;
    and the service
    list
    for the
    third hearing
    will
    close on Tuesday,
    January 5,
    2010.
    Any person
    who submits
    a fax or
    e-mail
    request to be
    added to the service
    list
    to
    the
    hearing
    officer
    by 4:30
    PM
    on or before
    those three deadlines
    will
    be added
    to the service list
    for
    the remaining
    hearing or hearings.
    The service
    list
    for any
    of the three hearings
    will be available
    after
    9:30 AM
    on
    the day
    following
    each
    of the three deadlines.
    First
    Hearing
    For the
    first hearing,
    pre-filed testimony
    must
    be served
    on
    all persons
    on the service
    list
    as of 4:30 PM
    on Tuesday, November
    24, 2009.
    Persons
    wishing to pre-file testimony
    for
    the
    first hearing
    may obtain a
    copy of the service list
    by contacting
    the hearing
    officer
    after 9:30
    AM
    on Wednesday,
    November 25,
    2009. Because
    of the State
    Thanksgiving holidays
    on Thursday,
    November 26,
    2009, and Friday,
    November 27,
    2009,
    all pre-filed
    testimony
    for
    the first hearing
    must
    be submitted
    no
    later than
    Wednesday,
    November 25, 2009.
    See P.A. 96-0308
    (requiring
    pre-fihing at
    least 10 days
    before hearing). For
    the
    purpose of
    serving pre-filed
    testimony for the
    first hearing on
    the Board, the
    “mailbox
    rule”
    at 35 Ill. Adm.
    Code 101.300(c)
    does not
    apply.
    The Board’s
    Clerk must
    receive
    this pre-filed
    testimony before
    the
    close of
    business on
    Wednesday,
    November 25, 2009.
    Although
    pre-filed
    testimony
    may
    be filed
    electronically
    through
    COOL, all electronic
    or
    approved
    fax filings
    must be received by
    the Clerk’s
    Office
    no
    later than
    4:30 PM
    on
    that date.
    Second Hearing
    For the second
    hearing, pre-filed
    testimony
    must be served
    on all persons on
    the service
    list as of
    4:30
    PM
    on
    Tuesday, December
    22, 2009.
    Persons wishing
    to pre-file
    testimony for
    the
    first hearing may obtain
    a copy of
    the service
    list
    by contacting
    the hearing officer
    after
    9:30 AM
    on Wednesday, December
    23, 2009.
    Because of the
    State Christmas
    holiday
    on
    Friday,
    December
    25, 2009, all
    pre-filed testimony
    for
    the second hearing must
    be submitted
    no later
    than
    Thursday, December
    24, 2009.
    See P.A. 96-0308
    (requiring
    pre-filing at least
    10 days
    before hearing). For
    the
    purpose of
    serving pre-filed
    testimony for the
    second hearing
    on the
    Board,
    the “mailbox
    rule” at 35 Ill.
    Adm. Code 101.300(c)
    does not
    apply. The Board’s
    Clerk
    must receive
    this pre-filed
    testimony
    before the
    close of business on
    Thursday, December
    24,
    2009.
    Although pre-filed
    testimony
    may
    be filed electronically
    through
    COOL, all
    electronic or
    approved fax filings must
    be received
    by
    the Clerk’s
    Office
    no
    later than 4:30 PM
    on that
    date.
    Third
    Hearing
    For the
    third hearing,
    pre-filed testimony
    must
    be served on all persons
    on the service
    list
    as
    of 4:30
    PM on Tuesday,
    January 5, 2010.
    Persons wishing
    to pre-file
    testimony for the
    first
    hearing
    may
    obtain
    a copyof
    the
    service
    list
    by
    contacting
    the hearing officer
    after
    9:30
    AM
    on
    Wednesday,
    January 6, 2010.
    All
    pre-filed
    testimony
    for
    the third
    hearing
    must be submitted
    no
    later
    than
    Friday, January
    8, 2010.
    See
    P.A. 96-03
    08
    (requiring pre-fihing
    at least
    10 days
    before

    6
    hearing).
    For
    the
    purpose
    of serving pre-filed testimony
    for the third hearing on the Board, the
    “mailbox rule” at
    35 Ill.
    Adm.
    Code 101.300(c) does not
    apply. The Board’s Clerk must receive
    this
    pre-filed before the close of
    business on Friday, January
    8,
    2010.
    Although
    pre-filed
    testimony
    may be filed electronically
    through
    COOL, all electronic or approved fax filings must
    be received
    by the Clerk’s Office no later
    than
    4:30
    PM on that date.
    IT IS
    SO
    ORDERED.
    yJ.
    Fox
    Hearing
    Officer
    Illinois Pollution Control Board
    100 West Randolph
    Street, Suite 11-500
    Chicago, Illinois 60601
    (312) 814-6085
    (312) 814-3669
    (fax)
    foxt@ipcb.state.ii.us

    7
    ATTAChMENT
    A
    To Hearing
    Officer
    Order
    of November 5, 2009
    Reasonably Available
    Control
    Technology
    (RACT)
    for
    Volatile Organic
    Material Emissions
    from
    Group
    III
    Consumer & Commercial
    Products:
    Proposed
    Amendments
    to 35 Ill. Adm. Code
    218
    and 219
    (Rb-b)
    I wish
    to added to
    the (please
    check
    one)
    Service
    List
    Notice
    List
    in
    the Illinois
    Pollution Control
    Board rulemaking
    proceeding listed
    above:
    Name
    Organization
    or Company
    Address
    City, State,
    Zip
    PLEASE SUPPLY
    TifiS INFORMATION
    BY FRIDAY,
    NOVEMBER
    20, 2009
    TO:
    Lynn Patras
    E-mail:
    patrasl@ipcb.state.il.us
    Fax:
    312-814-3669
    Mail:
    100 W.
    Randolph St., Suite
    11-500
    James R.
    Thompson Center
    Chicago,
    illinois
    60601

    8
    ATTACHMENT
    B
    To
    Hearing Officer
    Order
    of November
    5, 2009
    Reasonably
    Available
    Control
    Technology
    (RACT)
    for Volatile Organic Material
    Emissions
    from Group
    III
    Consumer
    &
    Commercial
    Products: Proposed
    Amendments to
    35 Ill. Adm. Code
    218 and 219
    (Rb-b)
    Mecalux
    USA Inc
    Potentially
    Affected
    Sources
    in
    Illinois Non-Attainment
    Areas for
    Edsal Mfg
    Co Inc
    Marvel Group Inc
    Nevin Laboratories
    Inc
    Clarin
    Div Of
    Greenwich Industries
    LP
    Consumer
    and Commercial
    Products, Group
    III
    Melrose
    Park
    Knaack
    Mfg Co
    Alcan Packaging
    Food
    &
    Tobacco
    Inc
    Lithographic Industries
    Microcosm
    Tapecoat
    Co Inc
    Moore Wallace
    -
    Hillside
    Printing
    Sun Process
    Converting
    Co
    Avery Dennison
    Federal-Mogul Corp
    Color Communications
    Inc
    Chicago Steel
    Container
    Corp
    420 E
    Terra Cotta Ave
    5303
    St
    Charles
    Rd
    2445
    Gardner Rd
    1699
    S
    55th
    Ave
    1520
    Lyons St
    4600
    W
    Roosevelt
    Rd
    1660
    W
    Kenneth
    Dr
    902 Feehanville Dr
    7450
    N McCormick
    Blvd
    4000
    W
    Fillmore St
    1846
    S
    Kilbourn Ave
    Crystal
    Lake
    Beliwood
    60104-
    1089
    60153
    60804
    60201
    60162-
    2034
    60056-
    5515
    Mount
    60056
    Lee Harris
    Prospect
    60076-
    8103
    60624-
    3916
    60623-
    2306
    Company
    Name
    Replogle
    Globes Inc
    City
    Broadview
    Zip
    Code
    60153
    Street Address
    2801
    S
    25th
    Ave
    1600
    N
    25th
    Ave
    4400
    5
    Packers
    Ave
    3843
    W
    43rd
    St
    5000
    S Haisted
    St
    927
    N
    Shore
    Dr
    Company
    Contact
    Edward
    Dieschbourg
    60160
    Ada Whitaker
    Chicago
    Chicago
    Chicago
    Lake Bluff
    60609
    60632
    60609
    60044
    Bruce Murray
    Dane
    Nakashima
    John
    Denman
    Greg Beckwith
    60014
    Rich
    Geilfuss
    Broadview
    Cicero
    Evanston
    Hillside
    Mt
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    John
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    Donald
    H
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    Unknown
    Tim Fitzgerald
    Skokie
    Chicago
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    William
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    Erendira
    Santillan
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    9
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    320
    Stewart
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    Addison
    60101-
    Mark E
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    Products
    Inc
    3310
    Pres-on
    Tape & Gasket
    1020
    S Westgate
    Dr
    Addison
    60101
    Steven Atlas
    Corp
    Olon Industries
    Inc
    411
    Union St
    Geneva
    60134
    Greg
    Kozuch
    Printpack
    Inc
    1400
    Abbott
    Dr
    Elgin
    60123-
    Donna McCoy
    1823
    Nuway Speaker
    945
    Anita Ave
    Antioch
    60002
    George
    Wise
    Products
    Inc
    AMPAC
    Flexicon
    LLC
    165
    Chicago
    St
    Cary
    60013
    Jeff Uhrig
    Panduit Corp
    16530
    163rd St
    Lockport
    60441
    William
    P Tonn

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