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repealed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
Prospect
Brian
Fuhrer
Louis
A Ebert
John
C
Justice
Donald
H
Kathrein
Unknown
Tim Fitzgerald
Skokie
Chicago
Chicago
William
VanHorne
Erendira
Santillan
Anthony Pileggi
9
Roliprint
Packaging
320
Stewart
Ave
Addison
60101-
Mark E
Pederson
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