BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
REASONABL Y 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
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R1 0-1 0
(Rulemaking-Air)
NOTICE
To:
John Therriault, Assistant Clerk
Illinois Pollution Control Board
James
R. Thompson Center
100
West Randolph, Snite 11-500
Chicago,
Illinois 60601-3218
SEE ATTACHED SERVICE LIST
PLEASE TAKE NOTICE that
I
have today filed with the Office ofthe Pollntion Control
Board the MOTION TO AMEND RULEMAKING PROPOSAL of the Illinois Environmental
Protection Agency, copies of which are herewith served upon you.
DATED: December
28,2009
1021 N. Grand Ave. East
P.O. Box 19276
Springfield, IL 62794-9276
(217) 782-5544
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
By:....'(~""
Division of Legal Counsc!
Electronic Filing - Received, Clerk's Office, December 28, 2009
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER
OF:
REASONABLY A V ATLABLE CONTROL
TECHNOLOGY
(RACT) FOR VOLA TILE
ORGANIC MATER1AL EMISSIONS
FROM
GROUP
III CONSUMER
&
COMMERCIAL
PRODUCTS: PROPOSED AMENDMENTS
TO 35 ILL. ADM, CODE 218 and 219
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RlO-lO
(Rulemaking-Air)
MOTION TO AMEND RULEMAKING PROPOSAL
The Proponent, the Illinois Environmental Protection Agency ("Illinois EPA"), by its
attorney, and pursuant to
35 Ill. Adm, Code 101.500 and 102.402, moves that the Illinois
Pollution Control Board ("Board") amend Parts 218 and 219 of this rulemaking proposal. In
support
of its Motion, the Illinois EPA states as follows:
1,
On October 23,2009, the Illinois EPA filed a proposal with the Board to amend 35
Ill.
Adm, Code Parts 218 and 219 to control the emissions of volatile organic materials ("V OM")
from Group III Consumer and Commercial Product categories, The proposal implements
reasonably available control technology for such categories
in response to Control Techniqnes
Guidelines issued by the
United States Environmental Protection Agency,
2,
On December 9, 2009, the Board held its first hearing regarding this rulemaking
proposal. Based upon questions asked and comments received at such hearing, the Illinois
EPA
proposes the following amendments to its proposal.
3,
In response to a Board recommendation that the proposed application method limitations
set forth
in Section
218/219.204(g)
and (h) be instead placed in a more appropriate section of
Subpart F, the Illinois EPA recommends moving such limitations to Section
218/219.218,
as
follows:
Electronic Filing - Received, Clerk's Office, December 28, 2009
Section 21S/219.204(g)(3) and (h)(3):
g)
Metal Furniture Coating
3)
On and after May 1,2011, an owner or operator ofa coating line
sabject to the limitations in sabsection (g) of this Section shall
apply all coatings using one or more
of the following application
rneth00s7
A)
Electrostatic spray;
B)
High volame lew pressare (HVbP) spray;
C)
flow cOl:ting. for the purposes ofthis subsection (g), flow
coating
means a non atomized technique of applyffig
coatir:g
to a sabstrate with a fluid nozzle with no air
sapplied to the nozzle;
fl)
Roll coatitrg;-
fl.)
flip coating, including clectrodeposition. For purposes of
this subsection (g), elcctrodeposition means a ',va:er borne
dip-coating
process in which opposite electrical charges are
applied
to the substrate and the coating. The coating is
attractocl
to the substrate dae to the electrochemical
potential difference
tha: is created-;-OF
f)
Another coating application method capable of achieving a
transfer
efficiency equal to or better than tha: acllieved hy
HVLP spraying; if sueh method is approved in writing-by
the
Age~
(h)
Large Appliance Coating
3)
-Gn and aftcrMay 1,
2011,
an ownor or operator ora coating line
subject to-the limitatians in
s~lbsection
(h) ofthis Section shaH
apply all coatings using one or more oftlle fellowing applicatian
methods:
A)
Electrostatic spray;
2
Electronic Filing - Received, Clerk's Office, December 28, 2009
Section
218.
218(b):
8)
High vobme low pressurc
(HVLP)
spray;
C)
flo'll
eBffiitlg. For :ho pl±Fposes of this subsection (h), HOW
wating means a nen-atomized technique of applying
coating
to-a-substn::e with a fluid nozzle with no air
supplied to
',he nozzle;
DJ
Roll coating;
EJ
Brash co a:ing;
F)
Dip coating, including
electrcx.J€position. For purposes of
this-subsection (h), electrodeposition means a water borne
dijrwatir:g process in which opposite electrical charges are
applied to the substrate mld :h8 coating. TIle coating is
attracted to the substrate
due to the eloclffichemical
potential differencc-that is created;
OF
GJ
Another eoating appl.ication method capable of aehieving a
transfer efficieney-cEtua1 to or better than-that achieved by
HVLP spraying, if sueh method is aJ7l7fflVed in writing by
the Ageney.
b)
On and after May 1, 2011, every owner or operator of a source subject to
the requirements
of Section 218.204(g) or 218.204(h) ofthis Subpart shall:
1)
Store all YOM-containing coatings, thinners, coating-related waste
materials, cleaning materials, and used shop towels
in closed
containers;
2)
Ensure that mixing and storage containers used for VOM-
containing coatings, thinners, coating-related waste materials, and
cleaning materials are kept closed at all times except when
depositing or removing such materials;
3)
Minimize spills
ofVOM-containing coatings, thinners, coaling-
related waste materials, and cleaning materials, and clean up spills
immediately;
4)
Convey YOM-containing coatings, thinners, coating-related waste
materials, and cleaning materials from one location to another in
closed containers or pipes;
and
3
Electronic Filing - Received, Clerk's Office, December 28, 2009
5)
Minimize YOM emissions from the cleaning of storage, mixing,
and conveying equipment;
and~
6)
Applv all coatings using one or more ofthe following application
methods:
Section
2
I 9.218(b):
ill
Electrostatic spray;
B)
High volume low pressme (HVLP) spray;
C)
Flow coating. For the purposes of this subsection (b), flow
coating means a non-atomized technique
of applying
coating to a substrate with a fluid
llozzle with no air
supplied to the nozzle;
D)
Roll coating;
E)
Dip coating, l!lcluding clectrodeposition. For pmnoses of
this subsection (b), electrodeposition mcans a water-borne
dip coating process
in which opposite electrical charges are
applied
to the substrate and the coating. The coating is
attracted to the substrate due
to the electrochemical
p.9.tential differel}ce that is create
A;
F)
Bmsh coating. if subject to the requirements of Section
218.204(h);
or
G)
Another coating application method capable of achieving a
transfer efficiency equal to or better than that achieved by
HVLP spraying, if such method is _approved in writing by
the Agen<::y.
b)
On and after May I, 2011, every owncr or operator of a source subject to
the requirements
of Section 219.204(g) or 219.204(h) ofthis Subpart shall:
1)
Store all YOM-containing coatings, thinners, coating-related waste
materials, cleaning materials, and used shop towels in closed
containers;
2)
Ensure that mixing and storage containers used for
VOM-
containing coatings, thinners, coating-related waste materials, and
cleaning materials are kept closed at all times except when
depositing or removing such materials;
4
Electronic Filing - Received, Clerk's Office, December 28, 2009
3)
Minimize spills ofVOM-containing coatings, thinners, coating-
related waste materials, and cleaning materials, and clean up spills
immediately;
4)
Convey YOM-containing coatings, thinners, coating-related waste
materials, and cleaning materials from one location to another in
closed containers or pipes;
atW
5)
Minimize YOM emissions
±i'OlD
the cleaning of storage, mixing,
and conveying equipment;
ando
6)
Apply all coatings using one or more of the following application
methods:
Ai.
Electrostatic S]2[llL
B)
High._yolume low pressure (HVLP).§QL'l}';.
C)
Flow coating., For
th~.purposes
ottl1is subsection (b),
flow coating means a non-atomized
t~chnique
of applying
coatiMJo a substrate with a fluid nO;i:zle with no air
snppli(;.<i.to the nozzle;
m
Roll <;oating;
EL ___ Wp
c()ati~cluding
electrodeposition. For purposes of
lhis subsectionlQ), electrod"pQsition
mean~.1L.water-borne
<:lip
coatingJITQf.~ss
in which QPposite electrical charges
are applied
to th" substrate and the coating. The coating
is attracted to th". substrate due to the electrochemical
Potelltial difference that is created;
F)
BrusjL£oating, if su1;Jject to the re.Q..l.lirements of Section
219._2_Q4(h); or
G)
Anothe.r coating application method .. capable of achieying a
transf,"r
efficien~.equal
to or
bett~r
than that achieved by
HYLP sprayinR,.if such method is approved iI) writing by
the Agency.
4.
In response to a Board recommendation that any substantive requirements contained in
Board "Notes" be instead placed in the body of the proposed rule, the lllinois EPA recommends
amending the Note in Section 218/219.204( c)
as follows:
5
Electronic Filing - Received, Clerk's Office, December 28, 2009
Section
21
8.204(c)."
c)
Paper Coating
lL_i:1'i&!e7-The paper coating limitation set fonp in this subsection (c)
shall not apply to any owner or operator of any paper coating line
on which flexographic or rotogravure printing is performed
if the
paper coating line complies with the emissions limitations in
Section 218.40
I ofthis Pm1. In addition, screen printing on paper
is not regulated as paper coating, but is regulated under Subpart TT
of this Part. On and after May 1, 20 11, the paper coating limitation
shall also not apply to coating performed on or in-line with any
digital printing press, or to size presses and on-machine coaters on
papermaking machines applying sizing or water-based
clays.j
Section 219.204(c):
c)
Paper Coating
3)
(Note: The paper coating limitation set forth in this subsection (e)
shall not apply to any owner or operator
of any paper coating linc
on which flexographic or rotogravure printing is perfol1ned ifthc
paper coating line complies with the emissions limitations in
Section 219.401
of this Part. In addition, screen printing on paper
is not regulated as paper coating, but is regulated under Sllbpm1 TT
of this Part. On and after May 1, 2011, the paper coating limitation
shall also not apply to coating performed on or in-line with any
digital printing press, or
to size presses and on-machine coaters on
papcnnaking machines applying sizing or water-based
clays.j
5.
For reasons similar to those set forth above, the Illinois EPA proposes amending the Note
in Section 218/219.204(h) as follows:
Seclion 218/219.204(h):
(h)
Large Appliance Coating
3)
(Nole:
Thew limitations set forth in this subsection (h) shall not
apply to the use
of quick-drying lacquers for repair of scratches
6
Electronic Filing - Received, Clerk's Office, December 28, 2009
and nicks that occur during assembly, provided that the volume of
coating does not exceed 0,95
I
(1 quart) in anyone rolling eight-
hour pcriod. On and after May 1,2011, these limitations shall also
not apply
to stencil coatings, safety-indicating coatings, solid-film
lubricants, electric-insulating and thermal-conducting coatings,
touch-up and repair coatings, or coating applications utilizing
hand-held aerosol
cans.f
6.
For reasons similar to those set forth above, the Illinois EPA proposes amending the
proposed Note
in Section 218/219.204(g) as follows:
Section 218/219.204(g):
g)
Metal Furniture Coating
3)
(Noto:
On and after May 1, 2011, thew limitations set forth in this
sllbsection (g) shall not apply
to stencil coatings, safety-indicating
coatings, solid-film lubricants, electric-insulating and
thelmal-
conducting coatings, touch-up and repail' coatings, or coating
applications utilizing hand-held aerosol
cans.1
WHEREFORE, for the reasons set forth above, the Illinois EPA movcs that the Board
amend
Pm1s 218 and 219 as set forth herein.
DATED: December
28,2009
1021 N. Grand Ave. East
P.O. Box 19276
Springfield, IL 62794-9276
(217) 782-5544
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
/
j······~lJt;l?
By:
('ii:~~'tf~tt~~~~~-
Assistant Counsel
Division
of Legal Counsel
7
Electronic Filing - Received, Clerk's Office, December 28, 2009
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
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
)
)
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)
)
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RIO-10
(Rulemaking-Air)
CERTIFICATE OF SERVICE
I, the undersigned, an attorney, state that I have served electronically the attached
MOTION TO AMEND RULEMAKING PROPOSAL upon the following person:
John ThelTiault, Assistant Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph, Suite 11-500
Chicago, Illinois 60601-3218
and electronically to the following persons:
SEE ATTACHED SERVICE LIST.
DATED: December 28,2009
1021 N. Grand Ave. East
P.O. Box 19276
Springfield, IL 62794-9276
(217) 782-5544
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
By:
(e7~;Z/;..yA
Dana Vetlerhoffer
d::fJa:
JLft
5;!fi1'
,
Assistant Counsel
Division
of Legal Counsel
Electronic Filing - Received, Clerk's Office, December 28, 2009
Timothy J. Fox
Hearing
Officer
Illinois Pollution Control Board
100
W. Randolph St., Suite 11-500
Chicago, IL
6060 I
fux!ic/,mcb.state. il. us
Virginia Yang
Deputy Legal Counsel
Service List RIO-IO
Illinois Department of Natural Resources
One Natural Resources Way
Springfield, lL 62702-1271
viIginia. vang@illinois.gQ'{
Matthew Dunn, Chief
Division of Environmental Enforcement
Office of the Attorney General
69 W. Washington
St., Suite 1800
Chicago, IL 60602
L12(lunn@atg.state.il.us
Katherine D. Hodge
Monica
T. Rios
Hodge Dwyer
&
Driver
3150 Roland Ave.
P.O. Box 5776
Springfield, IL 62705-5776
khodgc@.l1ddm.tol11cj1s.com
m ri os(?u 11 d d attorn
"'Y.S..,f2J)1
Alec M. Davis
General Counsel
Illinois Environmental Regulatory Group
215 E. Adams
St.
Springfield, IL 62701
.~qgvis@)ierg.org
Electronic Filing - Received, Clerk's Office, December 28, 2009
