R97031A.PDF

1 BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

4 IN THE MATTER OF:

5 WOOD FURNITURE No. PCB 97-31

6 COATING AMENDMENTS TO 35 ILL. (Rulemaking)

7 ADM. CODE PARTS 211, 218 AND 219,

8 SUBPART F

12 Proceedings held on August 5th, 1997, at

13 1:00 p.m., at the Madison County Administration

14 Building, Room 203, 157 North Main Street,

15 Edwardsville, Illinois, before the Honorable

Audrey

16 Lozuk-Lawless, Hearing Officer.

21 Reported by: Darlene M.

Niemeyer, CSR, RPR

CSR License No.: 084-003677

23 KEEFE REPORTING COMPANY

11 North 44th Street

24 Belleville, IL 62226

(618) 277-0190

KEEFE REPORTING COMPANY

Belleville, Illinois

1 A P

P E A R A N C E S

3 ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

BY: Christina L. Archer, Esq.

4 Assistant Counsel

Bureau of Air, Division of Legal Counsel

5 2200 Churchill Road

Springfield, Illinois 62794-9276

6 On behalf of the Illinois EPA.

7 Also present:

Board Member Ronald C.

Flemal, Ph.D.

KEEFE REPORTING COMPANY

Belleville, Illinois

1 I N D E X

2 WITNESS PAGE NUMBER

3 David E.

Bloomberg 9

6 E X H I B I T S

7 NUMBER MARKED FOR

I.D. ENTERED

8 Exhibit 1 9

9 Exhibit 2 13

KEEFE REPORTING COMPANY

Belleville, Illinois

1 P R O C E

E D I N G S

2 (August 5, 1997; 1:00 p.m.)

3 HEARING OFFICER LOZUK-LAWLESS: Good

4 afternoon. Welcome. My name is

Audrey

5 Lozuk-Lawless, and I am the hearing officer in this

6 matter entitled 15 percent ROP Plan, Wood Furniture

7 Coating Amendments to 35 Illinois Administrative

8 Code, Parts 211, 218 and 219, Subpart F.

9 Actually, make that a correction. It is

10 not 15 percent ROP plan.

11 Today's proposal was filed by the

12 Illinois Environmental Protection Agency on June

13 3rd, 1997. The service list and notice list has

14 been established. It doesn't appear that there is

15 anyone present today that is not on the service

16 list. However, if anyone would like to be on the

17 service list or the notice list, please contact the

18 Board.

19 Today is the first of two hearings that

20 will be held in this matter. The second hearing

21 will be on Wednesday, August 13th, at 1:00 p.m. in

22 the James R.

Thompson Center, Room 9-31, in

23 Chicago. Today's hearing will be governed by the

24 Board's procedural rules regarding rulemaking, and

KEEFE REPORTING COMPANY

Belleville, Illinois

1 any information which is relevant and not

2 repetitious and not privileged will be admitted

3 into the record.

4 On behalf of the Board, to my left, is

5 Board Member Dr. Ronald

Flemal, who is with us

6 today.

7 If we ask any questions today, please

8 realize that they do not mean to convey any bias or

9 preconceived notions, but are simply to make a

10 complete record for other Board members that are

11 not here today.

12 It appears that there is one witness

13 today on behalf of the Agency as well as one member

14 of the public, who is at the hearing today.

15 Ms. Christina Archer, from the Illinois

16 Environmental Protection Agency, do you have an

17 opening statement?

18 MS. ARCHER: Yes, I do.

19 HEARING OFFICER LOZUK-LAWLESS: Please go

20 ahead.

21 MS. ARCHER: Thank you. Good afternoon.

22 My name is Christina Archer. I am Assistant

23 Counsel for the Bureau of Air, Regulatory Unit for

24 the Illinois Environmental Protection Agency.

KEEFE REPORTING COMPANY

Belleville, Illinois

1 With me today is Mr. David

Bloomberg of

2 our Air Quality Planning Section, who will present

3 a short statement.

4 The purpose of this hearing today is to

5 amend Illinois Air Pollution Control Requirement 35

6 Illinois Administrative Code, Parts 218 and 219,

7 Subpart F, regarding wood furniture coating

8 operations, as well as adding definitions related

9 to wood furniture coating, 35 Illinois

10 Administrative Code, Part 211.

11 This rulemaking proposal is being

12 submitted to the Illinois Pollution Control Board

13 pursuant to Section 27 of the Environmental

14 Protection Act as well as the Federal Clean Air Act

15 requirements. Section 1 A2 and B2 of the Clean Air

16 Act as amended in 1990 requires Illinois to submit

17 a revision to its state implementation plan to

18 include provisions to require the implementation of

19 Reasonably Available Control Technology, or RACT,

20 for each category of volatile organic material, or

21 VOM, sources covered by control technique

22 guidelines, or CTG, documents.

23 Pursuant to Section 183 of the Clean Air

24 Act, wood furniture coating operations are one of

KEEFE REPORTING COMPANY

Belleville, Illinois

1 the 11 stationary sources of VOM emissions for

2 which a CTG must be issued by the U.S. EPA.

3 On May 20th, 1996, the U.S. EPA published

4 its final CTG for wood furniture coating

5 operations. This proposal is intended to satisfy

6 Illinois' adoption of RACT rules required to be

7 developed in response to the CTG.

8 In developing this rulemaking proposal,

9 the Illinois EPA sent outreach packages to

10 potentially affective facilities, the U.S. EPA, and

11 trade associations and offered to meet with any

12 entity to discuss the rulemaking. The Illinois EPA

13 has not received any comments on the proposal to

14 date.

15 The rulemaking itself affects both the

16 Chicago and the Metro-East St. Louis ozone

17 nonattainment areas. The Illinois EPA believes

18 that approximately 27 facilities in the Chicago

19 nonattainment area will be affected, and has not

20 identified any affective sources in the Metro-East

21 St. Louis ozone

nonattainment area.

22 A compliance date for the rulemaking is

23 March 15, 1998. The rulemaking will change the

24 limits for topcoats and sealers only and those

KEEFE REPORTING COMPANY

Belleville, Illinois

1 limits will be measured in pounds of VOM per pounds

2 of solid. This is a different unit of measurement

3 than what the current rule requires, which is

4 pounds of VOM per gallon of coating. Affective

5 sources may also elect to use averaging approach,

6 add-on controls, or make a combination of these

7 methods to achieve compliance. All other coatings

8 may continue to be utilized at the current levels

9 and in the current units of measurement. In

10 addition, several work practice and record keeping

11 and reporting requirements have been added to the

12 current rule.

13 As stated earlier, Mr. David

Bloomberg of

14 the Air Quality Planning Section is with me today.

15 Mr.

Bloomberg prepared the technical support

16 document in regards to this rulemaking. Mr.

17 Bloomberg also has filed

prefiled testimony in this

18 matter.

19 I would now ask that this

prefiled

20 testimony be admitted into the record.

21 HEARING OFFICER LOZUK-LAWLESS: All

22 right. The

prefiled testimony of Mr.

Bloomberg

23 will be marked as Exhibit Number 1, and has been

24 marked and entered into the record.

KEEFE REPORTING COMPANY

Belleville, Illinois

1 (Whereupon said document was

2 duly marked for purposes of

3 identification and entered into

4 the record as Exhibit 1 as of

5 this date.)

6 MS. ARCHER: Thank you. Mr.

Bloomberg

7 has a short statement that he would now like to

8 make.

9 HEARING OFFICER LOZUK-LAWLESS: All

10 right. Would you please swear in the witness.

11 (Whereupon the witness was

12 sworn by the Notary Public.)

13 D A V I D E. B L O

O M B E R G,

14 having been first duly sworn by the Notary Public,

15 saith as follows:

16 MR. BLOOMBERG: Good afternoon. My name

17 is David

Bloomberg. I am employed by the Illinois

18 Environmental Protection Agency as an Environmental

19 Protection Engineer, the Ozone Regulatory Unit, in

20 the Air Quality Planning Section, Division of Air

21 Pollution Control, Bureau of Air. I have been

22 employed by the Illinois EPA in this capacity for

23 over five and a half years. My responsibilities

24 include the development of the ozone precursors

KEEFE REPORTING COMPANY

Belleville, Illinois

1 emissions inventory for stationary sources and

2 preparation of technical support for proposed ozone

3 regulations.

4 My academic credentials include a

5 Bachelor of Science Degree in Ceramic Engineering

6 from the University of Illinois at

7 Champaign-

Urbana. As part of the assignments in my

8 current position, I prepared the technical support

9 document, TSD, for the proposed regulation

10 regarding wood furniture coating operations.

11 The Illinois EPA is proposing that the

12 Board adopt changes in the Wood Furniture Coating

13 Rules corresponding to the requirements from the

14 U.S. EPA's Control Techniques Guidelines, or CTG,

15 for this category. The CTG was developed through a

16 consensus process involving members of industry,

17 environmental groups, state and local agencies.

18 My

presubmitted written testimony

19 summarizes the findings from the TSD. I am now

20 available to answer any questions regarding the TSD

21 and my filed testimony.

22 HEARING OFFICER LOZUK-LAWLESS: Thank

23 you, Mr.

Bloomberg.

24 Dr.

Flemal, do you have a question?

KEEFE REPORTING COMPANY

Belleville, Illinois

1 BOARD MEMBER FLEMAL: I have a few short

2 questions, Mr.

Bloomberg.

3 The compliance date, which has been noted

4 as March 15th, 1998, is there some reason that

5 compels this particular date or some document that

6 causes this to be the directed mandate?

7 MR. BLOOMBERG: No. Actually, the U.S.

8 EPA wanted us to have the rule on the books and

9 have the people complying by -- we are checking.

10 The main reason for the March 15th date

11 is because March 15th has been used in the past for

12 the 15 percent regulations and other similar

13 regulations, and it makes it before the ozone

14 season. It is a date that we feel the industry is

15 used to.

16 The date we were looking for -- the

17 absolute deadline from the U.S. EPA was May 20th,

18 1998, for sources to be in compliance.

19 BOARD MEMBER FLEMAL: So if we would move

20 forward with the date that you are proposing, we

21 would actually have on the books the regulation

22 before we were required?

23 MR. BLOOMBERG: No, the regulation was

24 actually required to be on the books by May 20th of

KEEFE REPORTING COMPANY

Belleville, Illinois

1 this year.

2 BOARD MEMBER FLEMAL: 1997?

3 MR. BLOOMBERG: Yes. But that rule is

4 supposed to require sources to be in compliance by

5 May 20th of 1998. However, because we have the

6 ozone season that starts before then we felt March

7 15th was a better date.

8 MS. ARCHER: I have a copy of the Federal

9 Register Notice, dated September 27th, 1996, which

10 we can get it on the record if you would like.

11 BOARD MEMBER FLEMAL: I think that would

12 be useful.

13 HEARING OFFICER LOZUK-LAWLESS: Do you

14 want to enter it as an exhibit?

15 MS. ARCHER: If we can get a copy back.

16 HEARING OFFICER LOZUK-LAWLESS: You mean

17 do you get your copy back?

18 MS. ARCHER: I just need to get one.

19 Well, let me just write the date down. I will get

20 a copy.

21 HEARING OFFICER LOZUK-LAWLESS: Would you

22 prefer just to submit it?

23 MS. ARCHER: I can give you this copy.

24 That's fine. Thank you.

KEEFE REPORTING COMPANY

Belleville, Illinois

1 HEARING OFFICER LOZUK-LAWLESS: All

2 right. Let the record reflect that the Federal

3 Register, Volume 61, Number 189, from Friday,

4 September 27th, 1996, page 50823, has been marked

5 as Exhibit Number 2 and entered into the record.

6 (Whereupon said document was

7 duly marked for purposes of

8 identification and entered into

9 the record as Exhibit 2 as of

10 this date.)

11 BOARD MEMBER FLEMAL: One of the

12 principal features in the proposal before us is a

13 change in the unit of measurement. Could you --

14 would you care to comment on the merits of making

15 that change?

16 MR. BLOOMBERG: Well, that change was

17 decided upon by the regulatory negotiations. It

18 was agreeable to industry and to the U.S. EPA.

19 They felt it was a more accurate way to measure the

20 actual VOM content, at least for the wood furniture

21 coaters.

22 BOARD MEMBER FLEMAL: Are you

23 sympathetic, yourself, to the aspect of the

24 merits?

KEEFE REPORTING COMPANY

Belleville, Illinois

1 MR. BLOOMBERG: I have not studied it

2 in-depth to determine which would be better. I

3 think it is a little more confusing for the

coaters

4 who are used to using the other way but,

5 unfortunately, because there is no direct way to

6 convert, and because the CTG does mandate it, we

7 felt that our hands were tied on this one. We

8 contacted both the regional and national offices of

9 the U.S. EPA and talked to them about that, and

10 they were very, very certain that this was the way

11 to go.

12 BOARD MEMBER FLEMAL: My guess is that

13 this is probably an industry suggested change? The

14 industry itself thought it would be appropriate to

15 move forward on this?

16 MR. BLOOMBERG: They didn't specify who

17 had suggested it. They only specified it was

18 agreed upon by all the parties.

19 BOARD MEMBER FLEMAL: I think I only have

20 one other area of questioning I think for today,

21 and that area -- well, let me set the table for

22 it.

23 We received yesterday in the Board's

24 office a public comment, public comment number 1 in

KEEFE REPORTING COMPANY

Belleville, Illinois

1 this docket, filed by

Akzo Nobel Company of High

2 Point, North Carolina. I believe it is correct to

3 characterize the overall nature of their public

4 comment as encouraging the Board to adopt the

5 regulations as proposed to us. However, they

6 express one area of reservation, and let me read

7 the statement in which that reservation occurs, and

8 then if I could have your comment on it.

9 The statement in question is as follows:

10 The State of Illinois is proposing that VOC

11 restrictions go well beyond the federal CTG

12 guidelines to include the categories of opaque

13 satin, non topcoat pigmented coat, repair coat,

14 semi transparent satin and wash coat. What is the

15 Agency's reaction to whether you believe that that

16 is, in fact, a correct characterization of what you

17 are proposing?

18 MR. BLOOMBERG: We believe that that is a

19 misunderstanding. The current rules already have

20 limits for each of those categories, and the limits

21 are not changing under the new -- under these

22 proposed changes. The only things that are

23 changing are topcoats and sealers. And everything

24 else will remain exactly the same as it has been.

KEEFE REPORTING COMPANY

Belleville, Illinois

1 BOARD MEMBER FLEMAL: Thank you. That's

2 all I would have for now.

3 HEARING OFFICER LOZUK-LAWLESS: Does

4 anyone in the audience have any questions?

5 Yes, Mr. Homer?

6 MR. HOMER: My name is Mark Homer. I am

7 with the Chemical Industry Council of Illinois.

8 I have a couple of questions for you,

9 David.

10 MR. BLOOMBERG: Okay.

11 MR. HOMER: You noted in your

prefiled

12 testimony that approximately 27 entities

13 potentially affected by this proposed rulemaking,

14 and Ms. Archer noted during her presentation, that

15 you had sent some type of information to these

16 entities prior to filing this proposal with the

17 Board. I was simply wondering if you could supply

18 to the Board a list of who was distributed this

19 information to, just for the record, so we would

20 have some type of indication as to who received the

21 materials.

22 MR. BLOOMBERG: I believe the list may

23 already be included. It should be the same as was

24 Table 2 in the TSD, I believe.

KEEFE REPORTING COMPANY

Belleville, Illinois

1 MS. ARCHER: Exhibit 2 which was attached

2 to our statement of reasons is a list of facilities

3 that we went to outreach on in the summer of 1996.

4 I would be happy to provide you with a copy of

5 that, Mr. Homer.

6 MR. HOMER: Okay. I would appreciate it.

7 Thank you.

8 The only other question I have is you

9 also noted in your

prefiled testimony that the

10 Illinois EPA used some assumptions in ascertaining

11 whether the proposed regulations are currently

12 being met by the wood

coaters in the state, and you

13 specifically mentioned density of coating solvent

14 and solids. I was hoping that you could give me an

15 indication of what those assumptions were that were

16 used. If you can't do that today, then at the next

17 hearing I would appreciate the information.

18 MR. BLOOMBERG: I don't have that

19 information with me, but I can get it.

20 MR. HOMER: Great. That's all I have.

21 HEARING OFFICER LOZUK-LAWLESS: Thank

22 you. Actually, that was something that the Board

23 was interested in as well.

24 MS. ARCHER: We will comment on that.

KEEFE REPORTING COMPANY

Belleville, Illinois

1 HEARING OFFICER LOZUK-LAWLESS: Okay.

2 Thank you. Are there any other questions?

3 Okay. Seeing no additional questions, I

4 would like to just remind the participants that the

5 next hearing will be in Chicago on August 13th,

6 which is a Wednesday.

7 This hearing is hereby ended.

8 (Exhibits 1 and 2 were

9 retained by Hearing Officer

10 Lozuk-Lawless.)

KEEFE REPORTING COMPANY

Belleville, Illinois

1 STATE OF ILLINOIS )

) SS

2 COUNTY OF MONTGOMERY)

3 C E R T I F I C A T E

4 I, DARLENE M. NIEMEYER, a Notary Public

5 in and for the County of Montgomery, State of

6 Illinois, DO HEREBY CERTIFY that the foregoing 18

7 pages comprise a true, complete and correct

8 transcript of the proceedings held on the 5th of

9 August

A.D., 1997, at Madison County Administration

10 Building, Edwardsville, Illinois, in the case of

11 Wood Furniture Coating Amendments to 35 IL

12 Administrative Code Parts 211, 218 and 219, Subpart

13 F, in proceedings held before the Honorable

Audrey

14 Lozuk-Lawless, Hearing Officer, and recorded in

15 machine shorthand by me.

16 IN WITNESS WHEREOF I have hereunto set my

17 hand and affixed my

Notarial Seal this 11th day of

18 August

A.D., 1997.

Notary Public and

21 Certified Shorthand Reporter and

Registered Professional Reporter

CSR License No. 084-003677

23 My Commission Expires: 03-02-99

KEEFE REPORTING COMPANY

Belleville, Illinois