CHDB01 1289300.1 28-Jul-05 15:57
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF: )
)
PROPOSED AMENDMENTS TO )
EXEMPTIONS FROM STATE ) R 05-20
PERMITTING REQUIREMENTS )
FOR PLASTIC INJECTION MOLDING )
OPERATIONS )
(35 Ill. Admin. Code 201.146) )
NOTICE OF FILING
TO: Ms. Dorothy M. Gunn
Clerk of the Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
(VIA ELECTRONIC FILING)
(PERSONS ON ATTACHED SERVICE LIST)
PLEASE TAKE NOTICE that on July 28, 2005, I filed with the Office of the
Clerk of the Illinois Pollution Control Board by electronic filing the CHEMICAL
INDUSTRY COUNCIL OF ILLINOIS’ FINAL COMMENTS, a copy of which is
attached and hereby served upon you.
Dated: July 28, 2005 Respectfully submitted,
CHEMICAL INDUSTRY COUNCIL OF ILLINOIS
By: /s/ Patricia F. Sharkey______
One of its Attorneys
Patricia F. Sharkey
Mayer, Brown, Rowe & Maw LLP
71 South Wacker Drive
Chicago, Illinois 60606-4637
(312) 782-0600
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 28, 2005
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CHDB01 1289300.1 28-Jul-05 15:57
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF: )
)
PROPOSED AMENDMENTS TO )
EXEMPTIONS FROM STATE )
PERMITTING REQUIREMENTS )
FOR PLASTIC INJECTION MOLDING ) R 05 -20
OPERATIONS )
(35 Ill. Admin. Code 201.146) )
CHEMICAL INDUSTRY COUNCIL OF ILLINOIS’
FINAL COMMENTS
The record in this proceeding provides perhaps the most in depth review that any
of the categorical exemptions under Section 201.146 has received in rulemaking
proceedings before the Board.
The evidence presented in the hearings held on July 1 and 15, 2005 demonstrates
that an exemption from state air pollution control permit requirements for plastic
injection molding operations is justified based on the low level of emissions generated by
these emission sources both individually and in the aggregate statewide. Information
compiled and presented by CICI and its expert witness Mr. Lynne Harris in the hearings
indicates there are approximately 500 plastic injection molding facilities in Illinois and
the average facility (entire plant) is estimated to have emissions of only 0.2 TPY of
VOM. (7/15/05 Hearing Tr. p. 16). The aggregate statewide VOM emissions from this
category of sources is conservatively estimated to be approximately 100 tpy. (
Id.
p.16)
Individual plastic injection molding machines emissions range from a low of
0.002 tpy to a high of 0.2 tpy of VOM. (7/1/05 Hearing Tr. p. 38) Thus, this categorical
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CHDB01 1289300.1 28-Jul-05 15:57
exemption is consistent with the
de minimis
emission exemption for individual emission
units of 0.44 tpy proposed in pending rulemaking R05-19.
Testimony presented in hearing also demonstrated that this equipment is very
similar (and, in fact, is identical in terms of emission generating portions of the
equipment) to the equipment which is currently exempt under the categorical exemption
governing extruders in Section 201.146(cc) ( 35 Ill. Admin. Code 201.146(cc) ). Mr.
Harris, Vice-President for Science and Technology of the Society of the Plastics Industry,
Inc., testified that the emission estimates for plastic injection molding equipment are
based on the same emission factor studies used to estimate emissions from extruders and
are estimated to be less than the emissions generated by continuous extruders. (7/1/05
Hearing Tr., pp. 33, 35-36)
The record also includes an extensive discussion of the various ancillary
equipment and activities involved with plastic injection molding and demonstrates that
these ancillary exempted activities are performed at ambient or low temperatures and in
enclosed equipment, and thus generate very little VOM or fugitive particulate emissions.
( 7/15/05 Hearing Tr. pp.28-70)
Finally, the record in this proceeding indicates this exemption is in the interest of
both the regulated industry and the State of Illinois itself. The Illinois Environmental
Protection Agency supports this exemption. Mr.Donald Sutton, Manager of the Bureau of
Air’s Permit Section, testified that any permit for the plastic injection molding operations
covered under this exemption would be a “permit in name only,” with no regulatory
limits or other requirements. (7/15/05 Hearing Tr. p. 77.) Mr. Sutton also agreed that
“there is a point in time where it does not make sense to pursue small sources,” and that
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CHDB01 1289300.1 28-Jul-05 15:57
this is one of those cases. (
Id
. Tr. p. 77) In his Pre-Filed Testimony, Mr. Sutton stated,
that as an economic matter the proposal will reduce costs as expanding the list of exempt
operations will allow the State to conserve its resources for more significant emissions
sources. ( Pre-Filed Testimony of Donald E. Sutton, 7/13/05, p. 3.) Finally, no members
of the public, other than representatives of plastic injection molding companies, were
present at the hearings and no persons have otherwise expressed concern about this
exemption. Nor is there any indication in the record of any adverse environmental or
economic impact.
CICI would like to express its appreciation to the Board for providing CICI an
opportunity to present evidence on behalf of its members in this proceeding. CICI
believes this exemption is well justified and urges the Board to move quickly to adopt it.
Respectfully submitted,
CHEMICAL INDUSTRY COUNCIL
OF ILLINOIS
By: /s/ Patricia F. Sharkey
One of Its Attorneys
Dated: July 28, 2005
Patricia F. Sharkey
Mayer, Brown, Rowe & Maw LLP
71 South Wacker Drive
Chicago, Illinois 60606-4637
(312) 782-0600
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 28, 2005
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CHDB01 1289300.1 28-Jul-05 15:57
CERTIFICATE OF SERVICE
I, Patricia F. Sharkey, an attorney, hereby certify that I have served the Chemical
Industry Council of Illinois’ Notice of Filing and Final Comments upon:
Ms. Dorothy M. Gunn
Clerk of the Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
(Electronic Mail)
Charles E. Matoesian
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
(U.S. Mail and E-Mail)
Matthew Dunn, Chief
Division of Environmental Enforcement
Office of the Attorney General
188 West Randolph Street, 20
th
Floor
Chicago, Illinois 60601
(U.S. Mail)
Office of Legal Services
Illinois Department of Natural Resources
One Natural Resources Way
Springfield, Illinois 62702-1271
(U.S. Mail)
Donald Sutton
Manager, Permit Section
Division of Air Pollution
Bureau of Air
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
(U.S. Mail)
Heidi E. Hanson
H.E. Hanson, Esq. P.C.
4721 Franklin Avenue
Suite 1500
Western Springs, Illinois 60558-1720
(U.S. Mail)
as indicated above, by e-mail and/or by depositing said document in the United States
Mail, postage prepaid, in Chicago, Illinois on July 28, 2005.
/s/ Patricia F. Sharkey
Patricia F. Sharkey
Patricia F. Sharkey
Mayer, Brown, Rowe & Maw LLP
71 South Wacker Drive
Chicago, Illinois 60606-4637
(312) 782-0600
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 28, 2005
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