THIS FILING SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
)
)
ORGANIC MATERIAL EMISSION
)
R06-21
STANDARDS AND LIMITATIONS FOR )
(Rulemaking – Air)
THE CHICAGO AND METRO-EAST
)
AREAS: PROPOSED AMENDMENTS
)
TO 35 ILL. ADM. CODE 218 AND 219
)
NOTICE OF FILING
TO:
Ms. Dorothy M. Gunn
John C. Knittle, Esq.
Clerk of the Board
Hearing Officer
Illinois Pollution Control Board
Illinois Pollution Control Board
100 West Randolph Street
2125 South First Street
Suite 11-500
Champaign, Illinois 61820
Chicago, Illinois 60601
(VIA FIRST CLASS MAIL)
(VIA ELECTRONIC MAIL)
(SEE PERSONS ON ATTACHED SERVICE LIST)
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of
the Illinois Pollution Control Board an
ENTRY OF APPEARANCE OF N.
LADONNA DRIVER
and
COMMENTS OF THE ILLINOIS ENVIRONMENTAL
REGULATORY GROUP IN SUPPORT OF PROPOSED AMENDMENTS TO 35
ILL. ADMIN. CODE 218 AND 219
on behalf of the Illinois Environmental Regulatory
Group
,
a copy of which is herewith served upon you.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
REGULATORY GROUP,
By:
/s/ N. LaDonna Driver
One of Its Attorneys
Dated: June 14, 2006
N. LaDonna Driver
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 14, 2006
* * * * * PC #1 * * * * *
CERTIFICATE OF SERVICE
I, N. LaDonna Driver, the undersigned, hereby certify that I have served the
attached
NOTICE OF FILING, ENTRY OF APPEARANCE OF N. LADONNA
DRIVER
and
COMMENTS OF THE ILLINOIS ENVIRONMENTAL
REGULATORY GROUP IN SUPPORT OF PROPOSED AMENDMENTS TO 35
ILL. ADMIN. CODE 218 AND 219
upon:
Ms. Dorothy M. Gunn
Clerk of the Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
via electronic mail on June 14, 2006; and upon:
Kimberly A. Geving, Esq.,
Assistant Counsel
Annet Godiksen, Esq., Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
Mathew J. Dunn, Esq.
Chief, Environmental Bureau
Office of the Attorney General
188 West Randolph Street, 20th Floor
Chicago, IL 60601
Mr. Tim Lindsey
Waste Management and Research Center
One East Hazelwood Drive
Champaign, IL 61820
William Richardson, Esq.
Chief Legal Counsel
Illinois Department of Natural Resources
One Natural Resources Way
Springfield, IL 62702-1271
John C. Knittle, Esq.
Hearing Officer
Illinois Pollution Control Board
2125 South First Street
Champaign, IL 61820
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 14, 2006
* * * * * PC #1 * * * * *
by depositing said documents in the United States Mail, postage prepaid, in Springfield,
Illinois, on June 14, 2006.
/s/ N. LaDonna Driver
N. LaDonna Driver
IERG:001/R Dockets/Fil/COS – R06-21 – Comments – Rulemaking NLD
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 14, 2006
* * * * * PC #1 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
)
)
ORGANIC MATERIAL EMISSION
)
R06-21
STANDARDS AND LIMITATIONS FOR )
(Rulemaking – Air)
THE CHICAGO AND METRO-EAST
)
AREAS: PROPOSED AMENDMENTS
)
TO 35 ILL. ADM. CODE 218 AND 219
)
ENTRY OF APPEARANCE OF N. LADONNA DRIVER
NOW COMES N. LaDonna Driver, of the law firm of HODGE DWYER
ZEMAN, and hereby enters her appearance in this matter on behalf of the Illinois
Environmental Regulatory Group.
Respectfully submitted,
By:
/s/ N. LaDonna Driver
N. LaDonna Driver
Dated: June 14, 2006
N. LaDonna Driver
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
IERG:001/R Dockets/Fil/R06-21 – EOA for NLD
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 14, 2006
* * * * * PC #1 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
)
)
ORGANIC MATERIAL EMISSION
)
R06-21
STANDARDS AND LIMITATIONS FOR )
(Rulemaking – Air)
THE CHICAGO AND METRO-EAST
)
AREAS: PROPOSED AMENDMENTS
)
TO 35 ILL. ADM. CODE 218 AND 219
)
COMMENTS OF THE ILLINOIS ENVIRONMENTAL
REGULATORY GROUP IN SUPPORT OF PROPOSED
AMENDMENTS TO 35 ILL. ADMIN. CODE 218 AND 219
NOW COMES the ILLINOIS ENVIRONMENTAL REGULATORY GROUP
(“IERG”), by and through its attorneys, HODGE DWYER ZEMAN, and provides the
following comments in support of the proposed amendments to 35 Ill. Admin. Code Parts
218 and 219.
I.
INTRODUCTION
IERG is a not-for-profit Illinois corporation comprised of 55 member companies
engaged in industry, commerce, manufacturing, agriculture, trade, transportation or other
related activities regulated by governmental agencies that promulgate, administer or
enforce environmental laws, regulations, rules or other policies. IERG was organized to
promote and advance the interests of its members before governmental agencies such as
the Illinois Environmental Protection Agency (“Illinois EPA”) and the Illinois Pollution
Control Board (“Board”). IERG is also an affiliate of the Illinois State Chamber of
Commerce, which has more than 5,000 members in the State. A number of IERG
member companies conduct activities governed by the regulations set forth in 35 Ill.
Admin. Code Parts 218 and 219
.
IERG would like to thank the Board for the opportunity
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 14, 2006
* * * * * PC #1 * * * * *
2
to make the following comments in support of the proposed amendments to Parts 218 and
219.
II.
SUMMARY OF PROPOSAL
The Illinois EPA is proposing to revise its cold cleaning degreaser rules in the
Chicago and Metro-East nonattainment areas by making parallel changes to 35 Ill.
Admin. Code §§ 218.182(c) and (d), and 219.182(c) and (d). The purpose of the
amendments is to allow the use of add-on controls or the use of equivalent alternative
control plans as compliance options for the cold cleaning solvent degreasing operations in
these two nonattainment areas. Additional corresponding revisions concern solvent sale,
solvent use, add-on control testing, recordkeeping and reporting.
Back to top
III.
COMMENTS SUPPORTING PROPOSED AMENDMENTS
IERG reviewed the proposed rulemaking in this proceeding and raised a few
minor points of clarification with the Illinois EPA that have subsequently been addressed
in errata sheets. With those clarifications, IERG believes that the proposed amendments
to the cold cleaning degreaser requirements should be adopted.
IERG supports the R06-21 proposal because it returns a choice of compliance
options to cold cleaning degreaser operations, a sound revision to current rules. Three
compliance options will be available, if the R06-21 proposal is adopted: (1) The existing
requirement of using solvent with a vapor pressure of less than 1.0 mmHg; (2) the new
compliance option of add-on controls; and (3) the new compliance option of an
equivalent alternative control plan. Proposed 35 Ill. Admin. Code §§ 218.182(c) and
219.182(c). Providing these compliance options is justified historically, environmentally,
technically and economically, as discussed below.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 14, 2006
* * * * * PC #1 * * * * *
3
Cold cleaning degreaser operations historically were provided with compliance
options, including the option to use add-on controls. As noted in the Illinois EPA’s
Technical Support Document, the original Reasonable Available Control Technology
(“RACT”) I regulations affecting solvent degreasing allowed the use of add-on controls
such as carbon adsorbers, if approved by the Illinois EPA. Illinois EPA Technical
Support Document (“TSD”) at 20-21 (Exhibit A to written testimony of Gary E.
Beckstead – labeled as Exhibit 2 at the April 19, 2006 hearing);
see also
35 Ill. Admin.
Code § 218.182(b)(3).
When the revisions to the cold cleaning degreaser regulations were adopted in
1997, the rules lowered the allowed solvent vapor pressure. However, the 1997 revisions
did not include the option of add-on controls for operations with solvents that did not
comply with the new vapor pressure standards. Transcript of April 19, 2006 Hearing in
R06-21 (“April 19 Tr.”) at 20. Evidently, some sources continued to operate with add-on
controls, assuming they still had the add-on control option for compliance with the lower
vapor pressure standards. April 19 Tr. at 39.
This proposed rulemaking rightly restores the option of add-on controls and adds
the equivalent alternative control plan option, while remaining consistent with the intent
of the 1997 revisions to reduce volatile organic material (“VOM”) emissions in the
nonattainment areas. The proposed amendments require that add-on controls
demonstrate at least 95% overall capture and control of emissions and require that total
process emissions be equivalent to using the specified lower vapor pressure solvents, if
using an equivalent alternative control plan. Proposed 35 Ill. Admin. Code §§
218.182(c)(4), 219.182(c)(4).
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 14, 2006
* * * * * PC #1 * * * * *
4
Mr. Gary Beckstead, of the Illinois EPA, stated in his testimony at the April 19,
2006 hearing, that the emissions from sources using add-on controls for solvents with
vapor pressures greater than the prescribed limit, are less than emissions would be if the
sources used solvents with the prescribed vapor pressures (and no add-on controls). April
19 Tr. at 10. Thus, these proposed amendments provide a benefit to the environment.
Further, Mr. Beckstead elaborated that “[m]eeting the control efficiency level
recommended in the proposed amendments will assure the integrity of the 1999-2002
Rate of Progress (“ROP”) Plan ….” Pre-filed Written Testimony of Gary E. Beckstead at
2 (March 8, 2006).
As the Illinois EPA noted at the hearing and in its TSD, the technical feasibility of
add-on controls for emissions from cold cleaning processes is already being
demonstrated. TSD at 6-7. Further, a source should be allowed to examine its unique
circumstances to determine the best way to allocate resources toward environmental
compliance. The Illinois EPA’s technical analysis discusses how, in certain cases,
requiring sources to switch to low vapor pressure solvents could create unwanted
hazardous waste, quality problems, and inefficiencies. TSD at 14. The Illinois EPA
found that sources using add-on controls recycle the solvent used in the cold cleaning
operations, thereby reducing solvent purchases, solvent waste and operating costs. TSD
at 13. Therefore, requiring the use of low vapor pressure solvents can require substantial
cost increases and operational changes. These increased costs are particularly
unnecessary where the use of controls can result in lower emissions than if compliant
solvents were used.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 14, 2006
* * * * * PC #1 * * * * *
5
Additionally, without the adoption of these proposed compliance options, some
affected facilities would seek an adjusted standard or site-specific rule, in lieu of
switching to the low vapor pressure solvents. April 19 Tr. at 11. The Illinois EPA should
be commended for recognizing that adoption of the compliance options in the proposal
will eliminate the burdensome time and financial investments necessary for facilities to
seek adjusted standards or site-specific rules.
IV.
CONCLUSION
IERG reiterates its support of the rulemaking changes proposed in R06-21. As
discussed above, the compliance options provided by this rulemaking are justified
historically, environmentally, technically and economically. Therefore, IERG urges the
Board to adopt the proposed revisions to the cold cleaning requirements.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
REGULATORY GROUP,
By:
/s/ N. LaDonna Driver
One of Its Attorneys
Dated: June 14, 2006
Katherine D. Hodge
N. LaDonna Driver
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
IERG:001/R Dockets/Filings/R06-21/Filings/Comments - Rulemaking
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 14, 2006
* * * * * PC #1 * * * * *
Back to top