1. PUBLIC COMMENTS AND PUBLIC HEARING
    2. DESCRIPTION OF USEPA ACTIONS AND BOARD AMENDMENTS
    3. The Addition of a Newly Exempted Compound
    4. Deviations from the Text of the Federal Amendments
    5. MISCELLANEOUS HOUSEKEEPING AMENDMENTS
    6. Housekeeping Amendments
    7. HISTORICAL SUMMARY OF EXCLUSIONS FROM
    8. THE ILLINOIS DEFINITION OF VOM
    9. ORDER

1
 
 

ILLINOIS POLLUTION CONTROL BOARD
January 10, 2008
 

IN THE MATTER OF: )
)
EXEMPTIONS FROM THE DEFINITION )  R08-6
OF VOM, USEPA AMENDMENTS )(Identical-in-Substance Rulemaking - Air)
 
(January 1, 2007 through June 30, 2007) )

Adopted Rule. Final Order.
 
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
 
This rulemaking is designed to update the definition of “volatile organic material” (VOM) in the Board’s air pollution regulations (35 Ill. Adm. Code 211.7150). The update is needed to ensure that Illinois’ regulations reflect the United States Environmental Protection Agency’s (USEPA) most recent exemption of chemical compounds from regulation as ozone precursors.
 
Today the Board adopts amendments that add a single compound to the list of those exempted from the definition of VOM. That compound is 1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethyl-pentane, which is also known as HFE–7300 or L–14787. The Board also clarifies the amendments adopted in Exemptions from the Definition of VOM, USEPA Amendments (July 1, 2004 through December 31, 2004), R05-16 (May 19, 2005) at the request of the Illinois Environmental Protection Agency (Agency) to satisfy USEPA concerns. See 72 Fed. Reg. 74250 (Dec. 31, 2007).
 
Section 9.1(e) of the Environmental Protection Act (Act) (415 ILCS 5/9.1(e) (2006)) mandates this rulemaking. That statutory provision requires the Board to exclude from the definition of VOM those compounds determined by USEPA to be exempt from regulation under the state implementation plans for ozone “due to negligible photochemical reactivity.” 415 ILCS 5/9.1(e) (2006). In addition, Section 9.1(e) of the Act requires the Board to conduct this rulemaking pursuant to the provisions of Section 7.2(b) of the Act (415 ILCS 5/7.2(b) (2006)) for adopting rules that are “identical in substance” to the federal requirements.
 
Section 9.1(e) also provides that Title VII of the Act and Section 5-35 of the Administrative Procedure Act (APA) (5 ILCS 100/5-35 (2006)) do not apply to this type of rulemaking. Accordingly, the Board did not adopt a “First Notice” proposal, or a “Second Notice” proposal for review by the Joint Committee on Administrative Rules (JCAR). However, as provided in Section 9.1(e) of the Act, the Board, before adopting final rule amendments, did provide notice of this rulemaking proposal in the Illinois Register, held one public hearing on the proposal as required by the federal Clean Air Act (33 U.S.C. § 7410(a) (2005)), and allowed for public comment.
 
In this opinion, the Board first provides information on the hearing and public comment period. Then the Board discusses the issues and amendments involved in this proceeding. Finally, the Board summarizes the history of federal and Illinois actions dealing with VOM exemptions. The Board’s amendments to the definition of VOM are set forth in the order following this opinion.
 



PUBLIC COMMENTS AND PUBLIC HEARING
 

The Board adopted a proposal for public comment in this matter on October 18, 2007. A Notice of Proposed Amendments appeared in the November 2, 2007 issue of the Illinois Register, at 31 Ill. Reg. 14679. The Board accepted public comment on the proposed amendments for 45 days after that publication, until December 17, 2007. The Board received the following two comments on the proposed amendments:
 

  
PC 1 Several e-mails and responses exchanged between Shannon Bilbruck, of the Agency, and Michael J. McCambridge, Board Hearing Officer, between September 20, 2007 and October 10, 2007, including an attachment entitled, “Issue Paper: Exclusion of tertiary-Butyl Acetate from the Definition of VOM at 35 Ill. Adm. Code 211.715.”
PC 2 Proposed Rule by USEPA, published in the Federal Register on December 31, 2007, at 72 Fed. Reg. 74250, proposing to disapprove the existing Illinois definition of VOM at 35 Ill. Adm. Code 211.7150 or, alternatively, to approve the definition if certain amendments are made by the Board.

As required by the federal Clean Air Act (33 U.S.C. § 7410(a) (2005)), the Board also held a public hearing (Tr.) in this rulemaking before Board Hearing Officer Michael J. McCambridge on December 5, 2007 in Chicago. John Kim, Agency, Division of Legal Counsel, appeared on behalf of the Agency and testified at that hearing.
 
The appropriate segments of the following discussion outline the comments and testimony received in this matter.
 



DESCRIPTION OF USEPA ACTIONS AND BOARD AMENDMENTS
 

The amendments adopted today respond to a single USEPA amendment to the federal definition of “volatile organic compound” (VOC), which has the same meaning as VOM as used in the Illinois regulations. The Board includes a correction to the existing definition of VOM at the request of the Agency. The following discussion describes the amendments.
 



The Addition of a Newly Exempted Compound
 

On January 18, 2007 (at 72 Fed. Reg. 2193), USEPA added a single compound to the list of chemical species that are exempt from the federal definition of VOC and, accordingly, are exempt from regulation for control of ozone precursors. That compound is 1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethyl-pentane. It is also known as HFE–7300 or L–14787, and has the empirical formula C2F5CF(OCH3)CF(CF3)2. With regard to the uses for this compound, USEPA stated as follows in the preamble discussion of the amendment adding this compound to the list of those exempted:
 
HFE–7300 has a variety of potential uses including as a heat transfer fluid and substitute for ozone depleting substances and substances with high global warming potentials, such as hydroflurocarbons, perfluorocarbons, and perfluoropolyethers. HFE–7300 may be used in azeotropic mixtures for use in coating deposition, cleaning, and lubricating applications. 72 Fed. Reg. 7293 (Jan. 18, 2007)
 
The Board today incorporates these federal amendments into the Illinois regulatory definition of VOM at 35 Ill. Adm. Code 211.7150, with only minor differences from the federal rule text. The table below provides the Board’s deviations from the federal text.
 



Deviations from the Text of the Federal Amendments
 
Illinois Section 40 C.F.R. Section Revision(s)
211.7150(a) “HFE-7300” 51.100(s)(1) Located the compound in alphabetical name order; removed the parenthetical “(1)” from before the chemical name; capitalized the chemical name; added the alternative chemical designation “L-14787” and the empirical formula “C2F5CF(OCH3)CF(CF3)2”

The Board did not receive any written public comments on the exemption of HFE-7300 from the definition of VOM. At the public hearing, the Agency represented that it had reviewed the October 18, 2007 proposal and “has no concerns or objections as to the format and content of the proposed rule.” Tr. at 5. The Board has adopted the proposed amendments without change based on these Agency representations.
 

Correction of the Existing Text of the Definition of VOM and PC 2 (USEPA Comments at 72 Fed. Reg. 74250 (Dec. 31. 2007))
 

One amendment corrects the text of the existing definition of VOM. This is to change the text as previously amended based on earlier federal amendments. In Exemptions from the Definition of VOM, USEPA Amendments (July 1, 2004 through December 31, 2004), R05-16 (May 19, 2005), the Board adopted amendments to the definition of VOM based on federal amendments of November 29, 2004 (69 Fed. Reg. 69298). USEPA excluded an additional compound from the VOC definition, for purposes of emissions limitations and VOC content requirements, but retained the compound as VOC for purposes of recordkeeping, emissions reporting, photochemical dispersion modeling, and inventory requirements.
 
When incorporating the November 29, 2004 federal amendments in docket R05-16, the Board deviated from the text of the federal amendments. The Board added the exempted compound, tert-butyl acetate, to the list of exempted compounds in Section 211.7150(a), in addition to the federally derived text in Section 211.7150(e). USEPA, however, listed tert-butyl acetate in 40 C.F.R. 51.100(s)(5) without also adding it to the listing of exempted compounds in corresponding 40 C.F.R. 51.100(s)(1).
 
As an attachment to what the Board has designated Public Comment 1 (PC 1), the Agency filed a document entitled, “Issue Paper: Exclusion of tertiary-Butyl Acetate from the Definition of VOM at 35 Ill. Adm. Code 211.715” (“Issue Paper”). (See the discussion of public comments at page 6 of this opinion and order.) The Issue Paper states that USEPA has not approved the Illinois exemption of tert-butyl acetate from the definition of VOM because the compound’s appearance in subsection (a) of the Illinois definition could lead to confusion that the compound is totally exempt. The exemption in subsection (e), which closely follows the corresponding USEPA exemption of tert-butyl acetate, is clearly limited in the same way as is the federal exemption.
 
There are two possible ways to amend the Illinois definition of VOM that will dispel any possible confusion as to the scope of the exemption of tert-butyl acetate from the definition. Option A is to delete the appearance of “tert-butyl acetate” from the list of exempt compounds in subsection (a). This approach would more closely follow the text of corresponding 40 C.F.R. 51.100(s)(1), in which tert-butyl acetate does not appear.
 
The disadvantage of pursuing Option A could lead to other confusion. It could cause confusion as to the applicability of subsections (b) through (d) to tert-butyl acetate. Subsection (b) sets forth monitoring requirements for VOM emissions. Subsection (c) allows the Agency to require monitoring for exempted compounds to prove their quantity in emissions. Subsection (d) states the fact that USEPA is not bound by a State determination as to monitoring methods for exempted compounds beyond those methods cited in subsection (b). Each of these three provisions relate to determining emissions of compounds that have “negligible photochemical reactivity” or “negligibly-reactive compounds.”
 
Subsection (a) lists compounds that are exempted from the definition of VOM because they have “negligible photochemical reactivity.” Subsection (e) lists tert-butyl acetate as partially exempt from the definition of VOM, but does not mention it as having negligible photochemical reactivity or as a negligibly reactive compound. See 35 Ill. Adm. Code 211.7150 (2006); 40 C.F.R. 51.100(s) (2006) (the subsection pertaining to tert-butyl acetate does not include this language). This could lead to confusion as to whether subsections (b) through (d) apply to tert-butyl acetate listed in subsection (e). The Board has chosen not to revert to the literal text of corresponding 40 C.F.R. 51.100(s)(1) because that text is imprecise and potentially confusing.
 
Option B for correction of the text would retain tert-butyl acetate in the listing of negligibly reactive compounds at subsection (a), with the addition of language that would direct attention to subsection (e). This would eliminate the possibility for confusion of whether subsections (b) through (d) apply to tert-butyl acetate. It would also minimize or eliminate the possibility for confusion that tert-butyl acetate has a blanket, rather than a limited, exemption from the definition of VOM. The Board perceives three basic methods for doing this.
 
Method 1 is the addition of a Board note that directs attention to subsection (e) for limitations on the exemption of some compounds. The Board disfavors this approach, since the Board note would necessarily be added at the end of the listing of negligibly reactive compounds in subsection (a). This physical separation between the listing and the direction for limitations could cause some readers to miss the reference to subsection (e).
 
Method 2 would involve adding a parenthetical reference to subsection (e) for limitations on the exemption immediately after the listing for tert-butyl acetate. Using this approach, the listing for tert-butyl acetate would appear as follows (with the newly added language highlighted):
 
tertiary-Butyl acetate (subject to subsection (e) of this Section)
 
This would eliminate the possibility of missing the reference to subsection (e). The Board has chosen not to use this method in favor of a third method suggested by the Agency.
 
Method 3 for directing attention to subsection (e) for limitations on the exemption of tert-butyl acetate involves adding language to the preamble of subsection (a) that directs attention to subsection (e). The Agency suggested this in the Issue Paper attached to PC 1. The Agency suggested the following revisions to the preamble to subsection (a) (with deletions marked with overstrike and additions underlined):
 

 
a) This includes any such organic compound other than the following, which have been determined by USEPA to have negligible photochemical reactivity: The following listed compounds are not VOM for purposes of VOM limitations or VOM content requirements. However, certain of these compounds are considered VOM for purposes of recordkeeping, emissions reporting, and inventory requirements, as described in 211.7150(e).

This approach would eliminate the possibility for confusion, but the Board believes that minor adjustment of the suggested language could enhance the clarity of the preamble statement.
 
The Board amended Section 211.7150(a), using the approach described by the Agency, but with minor modifications to the Agency-suggested language. The following revision will clearly and concisely refer the regulated community to the limitations of subsection (e):
 

 
a) This definition of VOM includes any such organic compound that participates in atmospheric photochemical reactions, other than the following compounds listed in this subsection (a), which have been determined by USEPA to have negligible photochemical reactivity:. USEPA has determined that the compounds listed in this subsection (a) have negligible photochemical reactivity. USEPA has excluded the listed negligibly-reactive compounds from the definition of VOM for purposes of VOM limitations or VOM content requirements. However, USEPA has required that certain of these compounds be considered VOM for purposes of recordkeeping, emissions reporting, and inventory requirements, as described in subsection (e) of this Section.

By the Federal Register notice of December 31, 2007 (at 72 Fed. Reg. 74250), the Board received indirect comment from USEPA on the proposed amendments. Since the USEPA comments in that notice so directly bear on the amendments in this docket, the Board has docketed the Federal Register notice as PC 2 in this docket. By a notice of proposed rule, USEPA proposed disapproval of the existing Illinois definition of VOM as amended by the Board in Exemptions from the Definition of VOM, USEPA Amendments (July 1, 2004 through December 31, 2004), R05-16 (May 19, 2005). Alternatively, USEPA proposed approval of the Illinois definition of VOM if the Board would revise that definition in either of two alternative ways. USEPA stated in its notice of proposed rule as follows:
 
Illinois added . . . t-butyl acetate to Title 35 of the Illinois Administration Code Section 211.7150(a), its list of compounds exempt from VOC requirements. It also added Section 211.7150(e), which provides the same unique requirements for t-butyl acetate users as the EPA action did. It is not appropriate for t-butyl acetate to be listed in 211.7150(a) because this compound is not exempt from all VOC requirements as are the other compounds listed there. It should be listed in 211.7150(e) only, so the unique requirements for t-butyl acetate are clear. This would follow the approach EPA took in making these revisions to the Federal definition of VOC through separate actions.
 
EPA would find the requested revisions approvable if Illinois removes t-butyl acetate from the list of compounds exempt from VOC requirements in 211.7150(a). This would leave it listed only under 211.7150(e) which makes it clear what requirements apply to t-butyl acetate users. EPA would also find it acceptable for Illinois to add a note to section 211.7150(a) that certain compounds listed in section 211.7150(a) are subject to the requirements of 211.7150(e). This would direct t-butyl acetate users to section 211.7150(e) where the special requirements for this compound are stated. 72 Fed. Reg. at 74251.
 
The amendments as proposed by the Board on October 18, 2007 added a reference to the limitations of subsection (e) to the listing for tert-butyl acetate in subsection (a). This was the second option indicated in the Federal Register notice that USEPA would find acceptable.
 
At the public hearing conducted in this matter, the Agency stated its position relating to the October 18, 2007 proposal, which was based on modifications to the Agency suggestions included in PC 1. The Agency stated as follows at the hearing:
 
The Illinois EPA has reviewed the Board's order dated October 18, 2007, which contained the proposed rule . . .. And specifically as to the modifications that were made by the Board to the Agency suggested language, we do appreciate those modifications and certainly we have no problem with the slightly revised wording. So having reviewed the Board's October 18 order as well as the first notice, the Agency has no concerns or objections as to the format and the content of the proposed rule. Tr. at 5.
 
Since the corrective amendments included in the October 18, 2007 proposal for public comment were acceptable to both USEPA and the Agency, the Board has adopted those amendments as proposed. The Board has not altered the proposed amendments, except to add a reference in the part source note to the recent adoption of amendments in docket R07-18, a necessary correction to the base text indicated by JCAR, as indicated immediately below.
 



MISCELLANEOUS HOUSEKEEPING AMENDMENTS
 

In addition to the amendments related to USEPA’s actions, a limited number of “housekeeping” amendments are adopted today. These changes are not based on the federal amendments discussed above. Rather, these are corrections and clarifications needed in the Board’s existing rule text involved in this rulemaking. These include the amendments that are prompted by the USEPA objections to the existing text, discussed above. These also include corrections made by JCAR in the course of preparing the proposal for publication in the Illinois Register. The table below lists the Board’s “housekeeping” amendments.
 



Housekeeping Amendments
 
Section
Source
Revision(s)
211 table of contents, 211.740 heading JCAR Added the heading of the section added in R07-18, effective September 25, 2007
211 table of contents, 211.1740 heading JCAR Added the heading of the section added in R07-18, effective September 25, 2007
211 table of contents, 211.3300 heading JCAR Added the heading of the section added in R07-18, effective September 25, 2007
211 table of contents, 211.5640 heading JCAR Added the heading of the section added in R07-18, effective September 25, 2007
211 source note JCAR Corrected “amended in R01-9 at 25 Ill. Reg. 128” to “amended in R01-9 at 25 Ill. Reg. 108”; added “amended in R07-18 . . ., effective September 25, 2007”
211.7150 preamble Board Changed “‘volatile organic material (VOM)’” to “‘volatile organic material’ (also ‘VOM’)”; changed “‘volatile organic compound (VOC)’” to “‘volatile organic compound’ (also ‘VOC’)”
211.7150(a) preamble Board, Agency Added “definition of VOM”; changed “such organic compound” to “organic compound that participates in atmospheric photochemical reactions”; changed “following compounds” to “compounds listed in this subsection (a)”; removed “which have been . . . photochemical reactivity” and the offsetting comma; changed the ending colon to a period; added the sentence “USEPA has required . . . VOM content.”; added the sentence “However, USEPA has required . . ., as described in subsection (e) of this Section.”

HISTORICAL SUMMARY OF THE FEDERAL RECOMMENDED POLICY ON THE CONTROL OF VOLATILE ORGANIC COMPOUNDS AND ITS IMPLEMENTATION IN ILLINOIS
 

Beginning in 1977, USEPA’s Recommended Policy on the Control of Volatile Organic Compounds (Recommended Policy) exempt certain chemical compounds from the definition of VOC or VOM. 1 These compounds were exempt due to their negligible photochemical reactivity (i.e., their reduced capacity for partaking in the complex atmospheric chemical reactions that result in the formation in tropospheric ozone). Ultimately, in 1991, USEPA codified its Recommended Policy in the Code of Federal Regulations at 40 C.F.R. 51.100(s) in its definition of VOC.
 
Specifically, on July 8, 1977, USEPA established its Recommended Policy in the Federal Register at 42 Fed. Reg. 35314. At that time, USEPA stated that the following compounds should be exempt from regulation due to their negligible photochemical reactivity:
 
methane;
ethane;
methylene chloride (dichloromethane) 2 ;
1,1,1-trichloroethane (methyl chloroform); and
trichlorotrifluoroethane (CFC-113 or Freon 113).
 
USEPA clarified its policy on June 4, 1979, at 44 Fed. Reg. 32043, and May 16, 1980, at 45 Fed. Reg. 32424.
 
USEPA later amended its Recommended Policy by adding exempt compounds. On July 22, 1980, at 45 Fed. Reg. 48941, USEPA added five chlorofluorocarbons (CFCs) and one fluorocarbon (FC) 3 :
 
trichlorofluoromethane (CFC-11);
dichlorodifluoromethane (CFC-12);
chlorodifluoromethane (CFC-22);
trifluoromethane (FC-23);
dichlorotetrafluoroethane (CFC-114); and
chloropentafluoroethane (CFC-115).
 
On January 18, 1989, at 54 Fed. Reg. 1987, USEPA added four hydrohalocarbon compounds (HFCs and HCFCs) to the list of those exempt:
 
dichlorotrifluoroethane (HCFC-123);
tetrafluoroethane (HFC-134a);
dichlorofluoroethane (HCFC-141b); and
chlorodifluoroethane (HCFC-142b).
 
Finally, on March 18, 1991, at 52 Fed. Reg. 11418, USEPA revisited certain compounds earlier denied exemption and revised the Recommended Policy for the last time, to exclude five additional hydrohalocarbon compounds and four classes of fluorocarbon compounds. The five hydrohalocarbon compounds were:
 
2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124);
pentafluoroethane (HFC-125);
1,1,2,2-tetrafluoroethane (HFC-134);
1,1,1-trifluoroethane (HFC-143a); and
1,1-difluoroethane (HFC-152a).
 
The four classes of fluorocarbon compounds were:
 

cyclic, branched, or linear, completely-fluorinated alkanes;
cyclic, branched, or linear, completely-fluorinated ethers with no unsaturations;

cyclic, branched, or linear, completely-fluorinated tertiary amines with no unsaturations; and
sulfur-containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine.
 
On March 18, 1991, at 56 Fed. Reg. 11387, USEPA proposed codifying the Recommended Policy in its definition of VOC at 40 C.F.R. 51.100(s). This proposed action was undertaken in conjunction with the last amendments to the Recommended Policy discussed above. USEPA adopted the amended definition of VOC on February 3, 1992, at 57 Fed. Reg. 3945. This USEPA codification included all the compounds and classes of compounds previously included as exempt in the Recommended Policy. It also included test methods for determining compliance with the VOC emissions limits, and a provision addressing situations where the test method also measured exempt compounds.
 
USEPA subsequently amended the 40 C.F.R. 51.100(s) definition of VOM on a number of occasions. Those are summarized as follows:
 

Date of Amendment
(Federal Citation)
Compound(s) Exempted
Date Exempted in Illinois
(Board Docket)
October 5, 1994
(59 Fed. Reg. 50696) 		Parachlorobenzotrifluoride (PCBTF)
Cyclic, branched, or linear completely-methylated siloxanes 		July 12, 1995
(R95-2)
     
June 16, 1995
(60 Fed. Reg. 31633) 		Acetone (2-propanone or dimethylketone) October 19, 1995
(R95-16)
     
February 7, 1996
(61 Fed. Reg. 4588) 		Perchloroethylene February 6, 1997
(R96-16)
     
October 8, 1996
(61 Fed. Reg. 52847) 		1,1,1,2,3,4,4,5,5,5-Decafluoropentane (HFC 43-10mee)
3,3-Dichloro-1,1,1,2,2-pentafluoropropane (HCFC-225ca)
1,3-Dichloro-1,1,2,2,3-pentafluoropropane (HCFC-225cb) 		May 16, 1997
(R97-17)
     
August 22, 1997
(62 Fed. Reg. 44900) 		1-Chloro-1-fluoroethane (HCFC-151a)
Chlorofluoromethane (HCFC-31)
1,2-Dichloro-1,1,2-trifluoroethane (HCFC-123a)
Difluoromethane (HFC-32)
2-(Difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF3)2CFCF2OCH3)
2-(Ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF3)2CFCF2OC2H5)
1-Ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C4F9OC2H5 or HFE-7200)
Ethylfluoride (HFC-161)
1,1,1,2,3,3-Hexafluoropropane (HFC-236ea)
1,1,1,3,3,3-Hexafluoropropane (HFC-236fa)
1,1,1,2,2,3,3,4,4-Nonafluoro-4-methoxybutane (C4F9OCH3 or HFE-7100)
1,1,1,3,3-Pentafluorobutane (HFC-365mfc)
1,1,2,2,3-Pentafluoropropane (HFC-245ca)
1,1,2,3,3-Pentafluoropropane (HFC-245ea)
1,1,1,2,3-Pentafluoropropane (HFC-245eb)
1,1,1,3,3-Pentafluoropropane (HFC-245fa) 		June 22, 1998
(R98-17)
     
April 9, 1998
(63 Fed. Reg. 17331) 		Methyl acetate June 22, 1998
(R98-17)
     
November 29, 2004
(69 Fed. Reg. 69290) 		1,1,1,2,2,3,3-Heptafluoro-3-methoxypropane (HFE-7000)
3-Ethoxy1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl)hexane (HFE-7500)
1,1,1,2,3,3,3-Heptafluoropropane (HFC-227ea)
Methyl formate 		May 23, 2005
(R05-16)
     
November 29, 2004
(69 Fed. Reg. 69298) 		t-Butyl acetate 4 May 23, 2005
(R05-16)
     
January 18, 2007
(72 Fed. Reg. 69298) 		1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethyl-pentane (HFE-7300 and L-14787) January 18, 2008
(Projected based on the due date for this docket)
(R08-6)


HISTORICAL SUMMARY OF EXCLUSIONS FROM



THE ILLINOIS DEFINITION OF VOM
 

     
Public Act 80-1299, effective August 2, 1978, added Section 9.1 to the Act. Subsection (e) of Section 9.1 (formerly subsection (c)) requires the Board to incorporate exemptions into the Illinois definition of VOM based on the federal exemptions. This provision required the Board to use the Section 7.2 identical-in-substance procedure (exempt from Section 27 of the Act (415 ILCS 5/27 (2002) and the notice provisions of the APA) to incorporate the federal exemptions into the Illinois definition of VOM.
The Board initially adopted the exemptions as part of Section 27 general rulemakings. In dockets R78-3 and R78-4 (consolidated), on August 23, 1979, as part of the original Reasonably Available Control Technology (RACT) rules, the Board adopted a definition of VOM that excluded methane and ethane, expressly declining to exempt methylene chloride, 1,1,1-trichloroethane, and CFC-113. In docket R80-5, on December 30, 1982, as part of the RACT II rules, the Board added methylene chloride and 1,1,1-trichloroethane to the list of exempt compounds. Finally, in docket R86-37, on December 22, 1987, the Board added the other six CFC and one FC compounds that USEPA had excluded in its Recommended Policy up to that date.
After that time, the Board repeatedly used the identical-in-substance procedure to incorporate federal additions to the list of exempt compounds. In docket R89-8, on October 18, 1989, the Board amended the definition of VOM to exempt the additional compounds excluded by USEPA on January 18, 1989. In docket R91-10, on September 12, 1991, the Board added the one HCFC, four HFCs, and four classes of compounds exempt by USEPA on March 18, 1991. In docket R91-24, on July 30, 1992, the Board further updated the Illinois definition of VOM for purposes of the metropolitan Chicago and East St. Louis areas. 5
Beginning in 1992, with USEPA’s codification of the compounds excluded from VOC, the Board had a way to readily determine the status of the list of exempt compounds: by referring to the “List of Sections Affected” in the Code of Federal Regulations. At that time, the Board started treating the updates to the definition of VOM in the same manner that the Board treats all other identical-in-substance subject matters. The Board began routinely reserving dockets for each succeeding six-month period and specifically monitoring for federal revisions. Accordingly, the Board has opened several dockets assigned to this subject matter, and the Board has dismissed dockets when USEPA did not amend its definition in the relevant time-frame. Before USEPA’s codification of excluded compounds, the Board relied on the Illinois Environmental Protection Agency and the regulated community to specifically draw the Board’s attention to any amendments to USEPA’s Recommended Policy. The Board has consistently worked to ensure that the Illinois definition of VOM is the same as that used by USEPA, and that any federal revisions are promptly reflected in the Illinois definition.
What follows is a summary listing of all Board dockets related to exemptions from the definition of VOM. This table indicates the docket number of each proceeding, the date and nature of the Board action on each docket, and the general subject matter of each. Those entries that appear in bold italic amended the definition of VOM to exempt new compounds.
Board Docket
Board Action and Date. (Explanation/Docket Contents)
   
R78-3 & R78-4 Adopted August 23, 1979. (RACT regulations (general rulemaking); established a definition of VOM, exempting ethane and methane)
   
R80-5 Adopted December 30, 1982. (RACT II regulations (general rulemaking); generally amending the definition of VOM, exempting methylene chloride and 1,1,1-trichloroethane)
   
R86-37 Adopted December 22, 1987. (Amendments to VOM regulations (general rulemaking); exempting chloro­difluoro­methane, chloro­penta­fluoro­ethane, dichloro­difluoro­methane, dichloro­tetrafluoro­ethane, trichloro­fluoro­methane, trichloro­trifluoro­ethane, and trifluoro­methane)
   
R89-8 Adopted October 18, 1989. (USEPA amendments of January 18, 1989; exempting chloro­difluoro­ethane, dichloro­fluoro­ethane, dichloro­trifluoro­ethane, and tetra­fluoro­ethane)
   
R91-10 Adopted September 12, 1991. (USEPA amendments of March 18, 1991; exempting 2-chloro-1,1,1,2-tetra­fluoro­ethane, 1,1-difluoro­ethane (hfc-152a), penta­fluoro­ethane, 1,1,2,2-tetra­fluoro­ethane, 1,1,l-trifluoro­ethane, and four classes of perfluorocarbon compounds (cyclic, branched, or linear, completely fluorinated alkanes; cyclic, branched, or linear, completely fluorinated ethers with no unsaturations; cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; and sulphur-containing perfluoro­carbons with no unsaturations and with sulfur bonds only to carbon and fluorine)
   
R91-24 Adopted July 30, 1992. (Extended exemptions to Chicago and Metro-East areas and responded to the February 3, 1992 USEPA codification of the exemptions)
   
R92-6 Dismissed April 9, 1992. (No USEPA amendments during July 1, 1991 through December 31, 1991)
   
R92-15 Dismissed August 13, 1992. (No USEPA amendments during January 1, 1992 through June 30, 1992)
   
R93-3 Dismissed January 21, 1993. (No USEPA amendments during July 1, 1992 through December 31, 1992)
   
R93-21 Dismissed September 23, 1993. (No USEPA amendments during January 1, 1993 through June 30, 1993)
   
R94-3 Dismissed March 31, 1994. (No USEPA amendments during July 1, 1993 through December 31, 1993)
   
R94-22 Dismissed October 6, 1994. (No USEPA amendments during January 1, 1994 through June 30, 1994)
   
R95-2 Adopted July 7, 1995. (USEPA amendments during July 1, 1994 through December 31, 1994: those of October 5, 1994; exempting parachloro­benzo­trifluoride and a class of methylated siloxane compounds (cyclic, branched, or linear completely-methylated siloxanes))
   
R95-16 Adopted October 19, 1995. (USEPA amendments during January 1, 1995 through June 30, 1995: those of June 16, 1995; exempting acetone)
   
R96-6 Dismissed February 15, 1996. (No USEPA amendments during July 1, 1995 through December 31, 1995)
   
R96-16 Adopted February 6, 1997. (USEPA amendments during July 1, 1996 through December 31, 1996: those of February 7, 1996; exempting perchloroethylene)
   
R97-1 Dismissed October 17, 1996. (USEPA amendments during January 1, 1995 through June 30, 1995: those of February 7, 1996 were included in docket R96-16)
   
R97-17 Adopted May 15, 1997. (USEPA amendments during July 1, 1996 through December 31, 1996: those of October 8, 1996; exempting 1,2-dichloro-1,1,2,2,3-penta­fluoro­propane, 3,3-dichloro-1,1,1,2,2-penta­fluoro­propane, and 1,1,1,2,3,4,4,5,5,5-decafluoro­pentane)
   
R98-1 Dismissed August 7, 1997. (No USEPA amendments during January 1, 1997 through June 30, 1997)
   
R98-17 Adopted June 17, 1998. (USEPA amendments during July 1, 1997 through December 31, 1997 and April 9, 1998: those of August 25, 1997 and April 9, 1998; exempting chloro­fluoro­methane, 1-chloro-1-fluoro­ethane, 1,2-dichloro-1,1,2-trifluoro­ethane, difluoro­methane, 2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-hepta­fluoro­propane, 2-(ethoxy­difluoro­methyl)-1,1,1,2,3,3,3-hepta­fluoro­propane, 1-ethoxy-1,1,2,2,3,3,4,4,4-nona­fluoro­butane, ethyl­fluoride, 1,1,1,2,3,3-hexa­fluoro­propane, 1,1,1,3,3,3-hexa­fluoro­propane, methyl acetate, 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxybutane, 1,1,2,2,3-penta­fluoro­propane, 1,1,2,3,3-penta­fluoro­propane, 1,1,1,2,3-penta­fluoro­propane, 1,1,1,3,3-penta­fluoro­propane, and 1,1,1,3,3-penta­fluoro­butane)
   
R99-5 Dismissed August 20, 1998. (USEPA amendments during January 1, 1998, through June 30, 1998: those of April 9, 1998 were included in docket R98-17)
   
R99-11 Dismissed February 18, 1999. (No USEPA amendments during July 1, 1998, and December 31, 1998)
   
R00-1 Dismissed August 19, 1999. (No USEPA amendments during January 1, 1999, through June 30, 1999)
   
R00-9 Dismissed February 17, 2000. (No USEPA amendments during July 1, 1999, through December 31, 1999)
   
R01-6 Dismissed July 27, 2000. (No USEPA amendments during January 1, 2000, through June 30, 2000)
   
R01-19 Dismissed March 1, 2001. (No USEPA amendments during July 1, 2000, and December 31, 2000)
   
R02-4 Dismissed August 23, 2001. (No USEPA amendments during January 1, 2001, through June 30, 2001)
   
R02-15 Dismissed February 21, 2002. (No USEPA amendments during July 1, 2001 through December 31, 2001)
   
R03-3 Dismissed August 8, 2002. (No USEPA amendments during January 1, 2002 and June 30, 2002)
   
R03-14 Dismissed February 6, 2003. (No USEPA amendments during July 1, 2002 and December 31, 2002)
   
R04-2 Dismissed August 7, 2003. (No USEPA amendments during January 1, 2003 and June 30, 2003)
   
R04-19 Dismissed March 4, 2004. (No USEPA amendments during July 1, 2003 through December 31, 2003)
   
R05-5 Dismissed September 16, 2004. (No USEPA amendments during January 1, 2004 through June 30, 2004)
   
R05-16 Adopted May 19, 2005. (USEPA amendments during July 1, 2004 through December 31, 2004: those of November 29, 2004; exempting tert-butyl acetate, 3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoro­methyl)­hexane, 1,1,1,2,2,3,3-hepta­fluoro-3-meth­oxy­propane, and 1,1,1,2,3,3,3-hepta­fluoro­propane, methyl formate)
   
R06-3 Dismissed September 1, 2005. (No USEPA amendments during January 1, 2005 through June 30, 2005)
   
R06-14 Dismissed May 18, 2006. (No USEPA amendments during July 1, 2005 through December 31, 2005)
   
R07-1 Dismissed September 21, 2006. (No USEPA amendments during January 1, 2006 and June 30, 2006)
   
R07-10 Dismissed February 1, 2007. (No USEPA amendments during July 1, 2006 through December 31, 2006)
   
R08-6 This docket, with a due date of January 18, 2008. (USEPA amendments during January 1, 2007 through June 30, 2007: those of January 18, 2007; exempting 1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethyl-pentane); correcting the exemption of tert-butyl acetate
 
The following table lists the compounds exempt from the definition of VOM to date in alphabetical order. The table sets forth the date USEPA excluded each compound from the definition of VOC and the date on which the Board subsequently voted to exempt each from the definition of VOM in Illinois.
Exempt Compound
Date of Federal Exemption
Date Exempt in Illinois
Acetone (2-propanone or dimethylketone) June 16, 1995 October 19, 1995
t-Butyl acetate November 29, 2004 May 23, 2005
1-Chloro-1,1-difluoroethane (HCFC-142b) January 18, 1989 October 18, 1989
Chlorodifluoromethane (CFC-22) July 22, 1980 December 22, 1987
1-Chloro-1-fluoroethane (HCFC-151a) August 22, 1997 June 17, 1998
2-Chloro-1,1,1,2-tetrafluoroethane (HCFC-124) March 18, 1991 September 12, 1991
Chlorofluoromethane (HCFC-31) August 22, 1997 June 17, 1998
Chloropentafluoroethane (CFC-115) July 22, 1980 December 22, 1987
1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethyl-pentane (HFE-7300 and L-14787) January 18, 2007 This docket.
1,1,1,2,3,4,4,5,5,5-Decafluoropentane (HFC 43-10mee) October 8, 1996 May 15, 1997
Dichlorodifluoromethane (CFC-12) July 22, 1980 December 22, 1987
1,1-Dichloro-1-fluoroethane (HCFC-141b) January 18, 1989 October 18, 1989
3,3-Dichloro-1,1,1,2,2-pentafluoropropane (HCFC-225ca) October 8, 1996 May 15, 1997
1,3-Dichloro-1,1,2,2,3-pentafluoropropane (HCFC-225cb) October 8, 1996 May 15, 1997
1,2-Dichloro-1,1,2,2-tetrafluoroethane (CFC-114) July 22, 1980 December 22, 1987
1,2-Dichloro-1,1,2-trifluoroethane (HCFC-123a) August 22, 1997 June 17, 1998
1,1-Difluoroethane (HFC-152a) March 18, 1991 September 12, 1991
Difluoromethane (HFC-32) August 22, 1997 June 17, 1998
2-(Difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF3)2CFCF2OCH3) August 22, 1997 June 17, 1998
Ethane July 8, 1977 August 23, 1979
2-(Ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF3)2CFCF2OC2H5) August 22, 1997 June 17, 1998
Ethylfluoride (HFC-161) August 22, 1997 June 17, 1998
1-Ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C4F9OC2H5 or HFE-7200) August 22, 1997 June 17, 1998
3-Ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl)hexane (HFE-7500) November 29, 2004 May 23, 2005
1,1,1,2,2,3,3-Heptafluoro-3-methoxypropane (n-C3F7OCH3 or HFE-7000) November 29, 2004 May 23, 2005
1,1,1,2,3,3,3-Heptafluoropropane (HFC-227ea) November 29, 2004 May 23, 2005
1,1,1,2,3,3-Hexafluoropropane (HFC-236ea) August 22, 1997 June 17, 1998
1,1,1,3,3,3-Hexafluoropropane (HFC-236fa) August 22, 1997 June 17, 1998
Methane July 8, 1977 August 23, 1979
Methyl acetate April 9, 1998 June 17, 1998
Methylene chloride (dichloromethane) July 8, 1977 December 30, 1982
Methyl formate (HCOOCH3) November 29, 2004 May 23, 2005
1,1,1,2,2,3,3,4,4-Nonafluoro-4-methoxybutane (C4F9OCH3 or HFE-7100) August 22, 1997 June 17, 1998
Parachlorobenzotrifluoride (PCBTF) October 5, 1994 July 7, 1995
1,1,1,3,3-Pentafluorobutane (HFC-365mfc) August 22, 1997 June 17, 1998
Pentafluoroethane (HFC-125) March 18, 1991 September 12, 1991
1,1,2,2,3-Pentafluoropropane (HFC-245ca) August 22, 1997 June 17, 1998
1,1,2,3,3-Pentafluoropropane (HFC-245ea) August 22, 1997 June 17, 1998
1,1,1,2,3-Pentafluoropropane (HFC-245eb) August 22, 1997 June 17, 1998
1,1,1,3,3-Pentafluoropropane (HFC-245fa) August 22, 1997 June 17, 1998
Perchloroethylene (tetrachloroethylene) February 7, 1996 February 6, 1997
Perfluorocarbon compounds: Cyclic, branched, or linear, completely fluorinated alkanes March 18, 1991 September 12, 1991
Perfluorocarbon compounds: Cyclic, branched, or linear, completely fluorinated ethers with no unsaturations March 18, 1991 September 12, 1991
Perfluorocarbon compounds: Cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations March 18, 1991 September 12, 1991
Perfluorocarbon compounds: Sulfur-containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine March 18, 1991 September 12, 1991
Siloxanes: cyclic, branched, or linear completely-methylated October 5, 1994 July 7, 1995
1,1,2,2-Tetrafluoroethane (HFC-134) March 18, 1991 September 12, 1991
1,1,1,2-Tetrafluoroethane (HFC-134a) January 18, 1989 October 18, 1989
1,1,1-Trichloroethane (methyl chloroform) July 8, 1977 December 30, 1982
Trichlorofluoromethane (CFC-11) July 22, 1980 December 22, 1987
1,1,2-Trichloro-1,2,2-trifluoroethane (CFC-113) July 8, 1977 December 22, 1987
1,1,1-Trifluoro-2,2-dichloroethane (HCFC-123) January 18, 1989 October 18, 1989
1,1,1-Trifluoroethane (HFC-143a) March 18, 1991 September 12, 1991
Trifluoromethane (HFC-23) July 22, 1980 December 22, 1987



ORDER
 

The Board directs the Clerk to provide notice in the Illinois Register of the following adopted amendments to the definition of VOM at 35 Ill. Adm. Code 211.7150:
 

TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: EMISSION STANDARDS AND LIMITATIONS FOR STATIONARY SOURCES
 
PART 211
DEFINITIONS AND GENERAL PROVISIONS
 
SUBPART A: GENERAL PROVISIONS

Section

 
211.101 Incorporations by Reference
211.102 Abbreviations and Conversion Factors

SUBPART B: DEFINITIONS

Section

 
211.121 Other Definitions
211.122 Definitions (Repealed)
211.130 Accelacota
211.150 Accumulator
211.170 Acid Gases
211.210 Actual Heat Input
211.230 Adhesive
211.240 Adhesion Promoter
211.250 Aeration
211.270 Aerosol Can Filling Line
211.290 Afterburner
211.310 Air Contaminant
211.330 Air Dried Coatings
211.350 Air Oxidation Process
211.370 Air Pollutant
211.390 Air Pollution
211.410 Air Pollution Control Equipment
211.430 Air Suspension Coater/Dryer
211.450 Airless Spray
211.470 Air Assisted Airless Spray
211.474 Alcohol
211.479 Allowance
211.484 Animal
211.485 Animal Pathological Waste
211.490 Annual Grain Through-Put
211.495 Anti-Glare/Safety Coating
211.510 Application Area
211.530 Architectural Coating
211.550 As Applied
211.560 As-Applied Fountain Solution
211.570 Asphalt
211.590 Asphalt Prime Coat
211.610 Automobile
211.630 Automobile or Light-Duty Truck Assembly Source or Automobile or Light-Duty Truck Manufacturing Plant
211.650 Automobile or Light-Duty Truck Refinishing
211.660 Automotive/Transportation Plastic Parts
211.670 Baked Coatings
211.680 Bakery Oven
211.685 Basecoat/Clearcoat System
211.690 Batch Loading
211.695 Batch Operation
211.696 Batch Process Train
211.710 Bead-Dipping
211.730 Binders
211.740 Brakehorsepower (rated-bhp)
211.750 British Thermal Unit
211.770 Brush or Wipe Coating
211.790 Bulk Gasoline Plant
211.810 Bulk Gasoline Terminal
211.820 Business Machine Plastic Parts
211.830 Can
211.850 Can Coating
211.870 Can Coating Line
211.890 Capture
211.910 Capture Device
211.930 Capture Efficiency
211.950 Capture System
211.953 Carbon Adsorber
211.955 Cement
211.960 Cement Kiln
211.970 Certified Investigation
211.980 Chemical Manufacturing Process Unit
211.990 Choke Loading
211.1010 Clean Air Act
211.1050 Cleaning and Separating Operation
211.1070 Cleaning Materials
211.1090 Clear Coating
211.1110 Clear Topcoat
211.1120 Clinker
211.1130 Closed Purge System
211.1150 Closed Vent System
211.1170 Coal Refuse
211.1190 Coating
211.1210 Coating Applicator
211.1230 Coating Line
211.1250 Coating Plant
211.1270 Coil Coating
211.1290 Coil Coating Line
211.1310 Cold Cleaning
211.1312 Combined Cycle System
211.1316 Combustion Turbine
211.1320 Commence Commercial Operation
211.1324 Commence Operation
211.1328 Common Stack
211.1330 Complete Combustion
211.1350 Component
211.1370 Concrete Curing Compounds
211.1390 Concentrated Nitric Acid Manufacturing Process
211.1410 Condensate
211.1430 Condensible PM-10
211.1465 Continuous Automatic Stoking
211.1467 Continuous Coater
211.1470 Continuous Process
211.1490 Control Device
211.1510 Control Device Efficiency
211.1515 Control Period
211.1520 Conventional Air Spray
211.1530 Conventional Soybean Crushing Source
211.1550 Conveyorized Degreasing
211.1570 Crude Oil
211.1590 Crude Oil Gathering
211.1610 Crushing
211.1630 Custody Transfer
211.1650 Cutback Asphalt
211.1670 Daily-Weighted Average VOM Content
211.1690 Day
211.1710 Degreaser
211.1730 Delivery Vessel
211.1740 Diesel Engine
211.1750 Dip Coating
211.1770 Distillate Fuel Oil
211.1780 Distillation Unit
211.1790 Drum
211.1810 Dry Cleaning Operation or Dry Cleaning Facility
211.1830 Dump-Pit Area
211.1850 Effective Grate Area
211.1870 Effluent Water Separator
211.1875 Elastomeric Materials
211.1880 Electromagnetic Interference/Radio Frequency Interference (EMI/RFI) Shielding Coatings
211.1885 Electronic Component
211.1890 Electrostatic Bell or Disc Spray
211.1900 Electrostatic Prep Coat
211.1910 Electrostatic Spray
211.1920 Emergency or Standby Unit
211.1930 Emission Rate
211.1950 Emission Unit
211.1970 Enamel
211.1990 Enclose
211.2010 End Sealing Compound Coat
211.2030 Enhanced Under-the-Cup Fill
211.2050 Ethanol Blend Gasoline
211.2070 Excess Air
211.2080 Excess Emissions
211.2090 Excessive Release
211.2110 Existing Grain-Drying Operation (Repealed)
211.2130 Existing Grain-Handling Operation (Repealed)
211.2150 Exterior Base Coat
211.2170 Exterior End Coat
211.2190 External Floating Roof
211.2210 Extreme Performance Coating
211.2230 Fabric Coating
211.2250 Fabric Coating Line
211.2270 Federally Enforceable Limitations and Conditions
211.2285 Feed Mill
211.2290 Fermentation Time
211.2300 Fill
211.2310 Final Repair Coat
211.2330 Firebox
211.2350 Fixed-Roof Tank
211.2360 Flexible Coating
211.2365 Flexible Operation Unit
211.2370 Flexographic Printing
211.2390 Flexographic Printing Line
211.2410 Floating Roof
211.2420 Fossil Fuel
211.2425 Fossil Fuel-Fired
211.2430 Fountain Solution
211.2450 Freeboard Height
211.2470 Fuel Combustion Emission Unit or Fuel Combustion Emission Source
211.2490 Fugitive Particulate Matter
211.2510 Full Operating Flowrate
211.2530 Gas Service
211.2550 Gas/Gas Method
211.2570 Gasoline
211.2590 Gasoline Dispensing Operation or Gasoline Dispensing Facility
211.2610 Gel Coat
211.2620 Generator
211.2630 Gloss Reducers
211.2650 Grain
211.2670 Grain-Drying Operation
211.2690 Grain-Handling and Conditioning Operation
211.2710 Grain-Handling Operation
211.2730 Green-Tire Spraying
211.2750 Green Tires
211.2770 Gross Heating Value
211.2790 Gross Vehicle Weight Rating
211.2810 Heated Airless Spray
211.2815 Heat Input
211.2820 Heat Input Rate
211.2830 Heatset
211.2850 Heatset Web Offset Lithographic Printing Line
211.2870 Heavy Liquid
211.2890 Heavy Metals
211.2910 Heavy Off-Highway Vehicle Products
211.2930 Heavy Off-Highway Vehicle Products Coating
211.2950 Heavy Off-Highway Vehicle Products Coating Line
211.2970 High Temperature Aluminum Coating
211.2990 High Volume Low Pressure (HVLP) Spray
211.3010 Hood
211.3030 Hot Well
211.3050 Housekeeping Practices
211.3070 Incinerator
211.3090 Indirect Heat Transfer
211.3110 Ink
211.3130 In-Process Tank
211.3150 In-Situ Sampling Systems
211.3170 Interior Body Spray Coat
211.3190 Internal-Floating Roof
211.3210 Internal Transferring Area
211.3230 Lacquers
211.3250 Large Appliance
211.3270 Large Appliance Coating
211.3290 Large Appliance Coating Line
211.3300 Lean-Burn Engine
211.3330 Light-Duty Truck
211.3350 Light Oil
211.3370 Liquid/Gas Method
211.3390 Liquid-Mounted Seal
211.3410 Liquid Service
211.3430 Liquids Dripping
211.3450 Lithographic Printing Line
211.3470 Load-Out Area
211.3480 Loading Event
211.3483 Long Dry Kiln
211.3485 Long Wet Kiln
211.3487 Low-NOx Burner
211.3490 Low Solvent Coating
211.3500 Lubricating Oil
211.3510 Magnet Wire
211.3530 Magnet Wire Coating
211.3550 Magnet Wire Coating Line
211.3570 Major Dump Pit
211.3590 Major Metropolitan Area (MMA)
211.3610 Major Population Area (MPA)
211.3620 Manually Operated Equipment
211.3630 Manufacturing Process
211.3650 Marine Terminal
211.3660 Marine Vessel
211.3670 Material Recovery Section
211.3690 Maximum Theoretical Emissions
211.3695 Maximum True Vapor Pressure
211.3710 Metal Furniture
211.3730 Metal Furniture Coating
211.3750 Metal Furniture Coating Line
211.3770 Metallic Shoe-Type Seal
211.3780 Mid-Kiln Firing
211.3790 Miscellaneous Fabricated Product Manufacturing Process
211.3810 Miscellaneous Formulation Manufacturing Process
211.3830 Miscellaneous Metal Parts and Products
211.3850 Miscellaneous Metal Parts and Products Coating
211.3870 Miscellaneous Metal Parts or Products Coating Line
211.3890 Miscellaneous Organic Chemical Manufacturing Process
211.3910 Mixing Operation
211.3915 Mobile Equipment
211.3930 Monitor
211.3950 Monomer
211.3960 Motor Vehicles
211.3965 Motor Vehicle Refinishing
211.3970 Multiple Package Coating
211.3980 Nameplate Capacity
211.3990 New Grain-Drying Operation (Repealed)
211.4010 New Grain-Handling Operation (Repealed)
211.4030 No Detectable Volatile Organic Material Emissions
211.4050 Non-Contact Process Water Cooling Tower
211.4055 Non-Flexible Coating
211.4065 Non-Heatset
211.4067 NOx Trading Program
211.4070 Offset
211.4090 One Hundred Percent Acid
211.4110 One-Turn Storage Space
211.4130 Opacity
211.4150 Opaque Stains
211.4170 Open Top Vapor Degreasing
211.4190 Open-Ended Valve
211.4210 Operator of a Gasoline Dispensing Operation or Operator of a Gasoline Dispensing Facility
211.4230 Organic Compound
211.4250 Organic Material and Organic Materials
211.4260 Organic Solvent
211.4270 Organic Vapor
211.4290 Oven
211.4310 Overall Control
211.4330 Overvarnish
211.4350 Owner of a Gasoline Dispensing Operation or Owner of a Gasoline Dispensing Facility
211.4370 Owner or Operator
211.4390 Packaging Rotogravure Printing
211.4410 Packaging Rotogravure Printing Line
211.4430 Pail
211.4450 Paint Manufacturing Source or Paint Manufacturing Plant
211.4470 Paper Coating
211.4490 Paper Coating Line
211.4510 Particulate Matter
211.4530 Parts Per Million (Volume) or PPM (Vol)
211.4550 Person
211.4590 Petroleum
211.4610 Petroleum Liquid
211.4630 Petroleum Refinery
211.4650 Pharmaceutical
211.4670 Pharmaceutical Coating Operation
211.4690 Photochemically Reactive Material
211.4710 Pigmented Coatings
211.4730 Plant
211.4740 Plastic Part
211.4750 Plasticizers
211.4770 PM-10
211.4790 Pneumatic Rubber Tire Manufacture
211.4810 Polybasic Organic Acid Partial Oxidation Manufacturing Process
211.4830 Polyester Resin Material(s)
211.4850 Polyester Resin Products Manufacturing Process
211.4870 Polystyrene Plant
211.4890 Polystyrene Resin
211.4910 Portable Grain-Handling Equipment
211.4930 Portland Cement Manufacturing Process Emission Source
211.4950 Portland Cement Process or Portland Cement Manufacturing Plant
211.4960 Potential Electrical Output Capacity
211.4970 Potential to Emit
211.4990 Power Driven Fastener Coating
211.5010 Precoat
211.5015 Preheater Kiln
211.5020 Preheater/Precalciner Kiln
211.5030 Pressure Release
211.5050 Pressure Tank
211.5060 Pressure/Vacuum Relief Valve
211.5061 Pretreatment Wash Primer
211.5065 Primary Product
211.5070 Prime Coat
211.5080 Primer Sealer
211.5090 Primer Surfacer Coat
211.5110 Primer Surfacer Operation
211.5130 Primers
211.5150 Printing
211.5170 Printing Line
211.5185 Process Emission Source
211.5190 Process Emission Unit
211.5210 Process Unit
211.5230 Process Unit Shutdown
211.5245 Process Vent
211.5250 Process Weight Rate
211.5270 Production Equipment Exhaust System
211.5310 Publication Rotogravure Printing Line
211.5330 Purged Process Fluid
211.5340 Rated Heat Input Capacity
211.5350 Reactor
211.5370 Reasonably Available Control Technology (RACT)
211.5390 Reclamation System
211.5410 Refiner
211.5430 Refinery Fuel Gas
211.5450 Refinery Fuel Gas System
211.5470 Refinery Unit or Refinery Process Unit
211.5480 Reflective Argent Coating
211.5490 Refrigerated Condenser
211.5500 Regulated Air Pollutant
211.5510 Reid Vapor Pressure
211.5530 Repair
211.5550 Repair Coat
211.5570 Repaired
211.5580 Repowering
211.5590 Residual Fuel Oil
211.5600 Resist Coat
211.5610 Restricted Area
211.5630 Retail Outlet
211.5640 Rich-Burn Engine
211.5670 Roadway
211.5690 Roll Coater
211.5710 Roll Coating
211.5730 Roll Printer
211.5750 Roll Printing
211.5770 Rotogravure Printing
211.5790 Rotogravure Printing Line
211.5810 Safety Relief Valve
211.5830 Sandblasting
211.5850 Sanding Sealers
211.5870 Screening
211.5880 Screen Printing on Paper
211.5890 Sealer
211.5910 Semi-Transparent Stains
211.5930 Sensor
211.5950 Set of Safety Relief Valves
211.5970 Sheet Basecoat
211.5980 Sheet-Fed
211.5990 Shotblasting
211.6010 Side-Seam Spray Coat
211.6025 Single Unit Operation
211.6030 Smoke
211.6050 Smokeless Flare
211.6060 Soft Coat
211.6070 Solvent
211.6090 Solvent Cleaning
211.6110 Solvent Recovery System
211.6130 Source
211.6140 Specialty Coatings
211.6145 Specialty Coatings for Motor Vehicles
211.6150 Specialty High Gloss Catalyzed Coating
211.6170 Specialty Leather
211.6190 Specialty Soybean Crushing Source
211.6210 Splash Loading
211.6230 Stack
211.6250 Stain Coating
211.6270 Standard Conditions
211.6290 Standard Cubic Foot (scf)
211.6310 Start-Up
211.6330 Stationary Emission Source
211.6350 Stationary Emission Unit
211.6355 Stationary Gas Turbine
211.6360 Stationary Reciprocating Internal Combustion Engine
211.6370 Stationary Source
211.6390 Stationary Storage Tank
211.6400 Stencil Coat
211.6410 Storage Tank or Storage Vessel
211.6420 Strippable Spray Booth Coating
211.6430 Styrene Devolatilizer Unit
211.6450 Styrene Recovery Unit
211.6470 Submerged Loading Pipe
211.6490 Substrate
211.6510 Sulfuric Acid Mist
211.6530 Surface Condenser
211.6540 Surface Preparation Materials
211.6550 Synthetic Organic Chemical or Polymer Manufacturing Plant
211.6570 Tablet Coating Operation
211.6580 Texture Coat
211.6590 Thirty-Day Rolling Average
211.6610 Three-Piece Can
211.6620 Three or Four Stage Coating System
211.6630 Through-the-Valve Fill
211.6650 Tooling Resin
211.6670 Topcoat
211.6690 Topcoat Operation
211.6695 Topcoat System
211.6710 Touch-Up
211.6720 Touch-Up Coating
211.6730 Transfer Efficiency
211.6750 Tread End Cementing
211.6770 True Vapor Pressure
211.6790 Turnaround
211.6810 Two-Piece Can
211.6830 Under-the-Cup Fill
211.6850 Undertread Cementing
211.6860 Uniform Finish Blender
211.6870 Unregulated Safety Relief Valve
211.6880 Vacuum Metallizing
211.6890 Vacuum Producing System
211.6910 Vacuum Service
211.6930 Valves Not Externally Regulated
211.6950 Vapor Balance System
211.6970 Vapor Collection System
211.6990 Vapor Control System
211.7010 Vapor-Mounted Primary Seal
211.7030 Vapor Recovery System
211.7050 Vapor-Suppressed Polyester Resin
211.7070 Vinyl Coating
211.7090 Vinyl Coating Line
211.7110 Volatile Organic Liquid (VOL)
211.7130 Volatile Organic Material Content (VOMC)
211.7150 Volatile Organic Material (VOM) or Volatile Organic Compound (VOC)
211.7170 Volatile Petroleum Liquid
211.7190 Wash Coat
211.7200 Washoff Operations
211.7210 Wastewater (Oil/Water) Separator
211.7230 Weak Nitric Acid Manufacturing Process
211.7250 Web
211.7270 Wholesale Purchase - Consumer
211.7290 Wood Furniture
211.7310 Wood Furniture Coating
211.7330 Wood Furniture Coating Line
211.7350 Woodworking
211.7400 Yeast Percentage

Appendix A  Rule into Section Table
Appendix B  Section into Rule Table
 
AUTHORITY: Implementing Sections 9, 9.1, 9.9 and 10 and authorized by Sections 27 and 28.5 of the Environmental Protection Act [415 ILCS 5/9, 9.1, 9.9, 10, 27 and 28.5].
 
SOURCE: Adopted as Chapter 2: Air Pollution, Rule 201: Definitions, R71-23, 4 PCB 191, filed and effective April 14, 1972; amended in R74-2 and R75-5, 32 PCB 295, at 3 Ill. Reg. 5, p. 777, effective February 3, 1979; amended in R78-3 and 4, 35 PCB 75 and 243, at 3 Ill. Reg. 30, p. 124, effective July 28, 1979; amended in R80-5, at 7 Ill. Reg. 1244, effective January 21, 1983; codified at 7 Ill. Reg. 13590; amended in R82-1 (Docket A) at 10 Ill. Reg. 12624, effective July 7, 1986; amended in R85-21(A) at 11 Ill. Reg. 11747, effective June 29, 1987; amended in R86-34 at 11 Ill. Reg. 12267, effective July 10, 1987; amended in R86-39 at 11 Ill. Reg. 20804, effective December 14, 1987; amended in R82-14 and R86-37 at 12 Ill. Reg. 787, effective December 24, 1987; amended in R86-18 at 12 Ill. Reg. 7284, effective April 8, 1988; amended in R86-10 at 12 Ill. Reg. 7621, effective April 11, 1988; amended in R88-23 at 13 Ill. Reg. 10862, effective June 27, 1989; amended in R89-8 at 13 Ill. Reg. 17457, effective January 1, 1990; amended in R89-16(A) at 14 Ill. Reg. 9141, effective May 23, 1990; amended in R88-30(B) at 15 Ill. Reg. 5223, effective March 28, 1991; amended in R88-14 at 15 Ill. Reg. 7901, effective May 14, 1991; amended in R91-10 at 15 Ill. Reg. 15564, effective October 11, 1991; amended in R91-6 at 15 Ill. Reg. 15673, effective October 14, 1991; amended in R91-22 at 16 Ill. Reg. 7656, effective May 1, 1992; amended in R91-24 at 16 Ill. Reg. 13526, effective August 24, 1992; amended in R93-9 at 17 Ill. Reg. 16504, effective September 27, 1993; amended in R93-11 at 17 Ill. Reg. 21471, effective December 7, 1993; amended in R93-14 at 18 Ill. Reg. 1253, effective January 18, 1994; amended in R94-12 at 18 Ill. Reg. 14962, effective September 21, 1994; amended in R94-14 at 18 Ill. Reg. 15744, effective October 17, 1994; amended in R94-15 at 18 Ill. Reg. 16379, effective October 25, 1994; amended in R94-16 at 18 Ill. Reg. 16929, effective November 15, 1994; amended in R94-21, R94-31 and R94-32 at 19 Ill. Reg. 6823, effective May 9, 1995; amended in R94-33 at 19 Ill. Reg. 7344, effective May 22, 1995; amended in R95-2 at 19 Ill. Reg. 11066, effective July 12, 1995; amended in R95-16 at 19 Ill. Reg. 15176, effective October 19, 1995; amended in R96-5 at 20 Ill. Reg. 7590, effective May 22, 1996; amended in R96-16 at 21 Ill. Reg. 2641, effective February 7, 1997; amended in R97-17 at 21 Ill. Reg. 6489, effective May 16, 1997; amended in R97-24 at 21 Ill. Reg. 7695, effective June 9, 1997; amended in R96-17 at 21 Ill. Reg. 7856, effective June 17, 1997; amended in R97-31 at 22 Ill. Reg. 3497, effective February 2, 1998; amended in R98-17 at 22 Ill. Reg.11405, effective June 22, 1998; amended in R01-9 at 25 Ill. Reg. 108, effective December 26, 2000; amended in R01-11 at 25 Ill. Reg. 4582, effective March 15, 2001; amended in R01-17 at 25 Ill. Reg. 5900, effective April 17, 2001; amended in R05-16 at 29 Ill. Reg. 8181, effective May 23, 2005; amended in R05-11 at 29 Ill. Reg.8892, effective June 13, 2005; amended in R04-12/20 at 30 Ill. Reg. 9654, effective May 15, 2006; amended in R07-18 at 31 Ill. Reg. 14254, effective September 25, 2007; amended in R08-6 at 32 Ill. Reg. ________, effective ______________________.
 

SUBPART B: DEFINITIONS
 

 
Section 211.7150
Volatile Organic Material (VOM) or Volatile Organic Compound (VOC)

“Volatile organic material” (also “VOM”)” or “volatile organic compound” (also “VOC”)” means any compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, that participates in atmospheric photochemical reactions.
 

 
a) This definition of VOM includes any such organic compound that participates in atmospheric photochemical reactions, other than the following compounds listed in this subsection (a), which have been determined by USEPA to have negligible photochemical reactivity:. USEPA has determined that the compounds listed in this subsection (a) have negligible photochemical reactivity. USEPA has excluded the listed negligibly-reactive compounds from the definition of VOM for purposes of VOM limitations or VOM content requirements. However, USEPA has required that certain of these compounds be considered VOM for purposes of recordkeeping, emissions reporting, and inventory requirements, as described in subsection (e) of this Section.
Acetone (2-propanone or dimethylketone)
tertiary-Butyl acetate
1-Chloro-1,1-difluoroethane (HCFC-142b)
Chlorodifluoromethane (CFC-22)
1-Chloro-1-fluoroethane (HCFC-151a)
2-Chloro-1,1,1,2-tetrafluoroethane (HCFC-124)
Chlorofluoromethane (HCFC-31)
Chloropentafluoroethane (CFC-115)
1,1,1,2,2,3,4,5,5,5-Decafluoro-3-methoxy-4-trifluoromethyl-pentane (HFE–7300, L-14787, or C2F5CF(OCH3)CF(CF3)2)
1,1,1,2,3,4,4,5,5,5-Decafluoropentane (HFC 43-10mee)
Dichlorodifluoromethane (CFC-12)
1,1-Dichloro-1-fluoroethane (HCFC-141b)
3,3-Dichloro-1,1,1,2,2-pentafluoropropane (HCFC-225ca)
1,3-Dichloro-1,1,2,2,3-pentafluoropropane (HCFC-225cb)
1,2-Dichloro-1,1,2,2-tetrafluoroethane (CFC-114)
1,2-Dichloro-1,1,2-trifluoroethane (HCFC-123a)
1,1-Difluoroethane (HFC-152a)
Difluoromethane (HFC-32)
2-(Difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF3)2CFCF2OCH3)
Ethane
2-(Ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF3)2CFCF2OC2H5)
Ethylfluoride (HFC-161)
1-Ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C4F9OC2H5 or HFE-7200)
3-Ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl)hexane (HFE-7500)
1,1,1,2,2,3,3-Heptafluoro-3-methoxypropane (n-C3F7OCH3 or HFE-7000)
1,1,1,2,3,3,3-Heptafluoropropane (HFC-227ea)
1,1,1,2,3,3-Hexafluoropropane (HFC-236ea)
1,1,1,3,3,3-Hexafluoropropane (HFC-236fa)
Methane
Methyl acetate
Methylene chloride (dichloromethane)
Methyl formate (HCOOCH3)
1,1,1,2,2,3,3,4,4-Nonafluoro-4-methoxybutane (C4F9OCH3 or HFE-7100)
Parachlorobenzotrifluoride (PCBTF)
1,1,1,3,3-Pentafluorobutane (HFC-365mfc)
Pentafluoroethane (HFC-125)
1,1,2,2,3-Pentafluoropropane (HFC-245ca)
1,1,2,3,3-Pentafluoropropane (HFC-245ea)
1,1,1,2,3-Pentafluoropropane (HFC-245eb)
1,1,1,3,3-Pentafluoropropane (HFC-245fa)
Perchloroethylene (tetrachloroethylene)
Perfluorocarbon compounds that fall into the following classes:
Cyclic, branched, or linear, completely fluorinated alkanes
Cyclic, branched, or linear, completely fluorinated ethers with no unsaturations
Cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations
Sulfur-containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine
 
Siloxanes: cyclic, branched, or linear completely-methylated
1,1,2,2-Tetrafluoroethane (HFC-134)
1,1,1,2-Tetrafluoroethane (HFC-134a)
1,1,1-Trichloroethane (methyl chloroform)
Trichlorofluoromethane (CFC-11)
1,1,2-Trichloro-1,2,2-trifluoroethane (CFC-113)
1,1,1-Trifluoro-2,2-dichloroethane (HCFC-123)
1,1,1-Trifluoroethane (HFC-143a)
Trifluoromethane (HFC-23)
    
b) For purposes of determining VOM emissions and compliance with emissions limits, VOM will be measured by the test methods in the approved implementation plan or 40 CFR 60, Appendix A, incorporated by reference at 35 Ill. Adm. Code 215.105, 218.112, and 219.112, as applicable, or by source-specific test methods that have been established pursuant to a permit issued under a program approved or promulgated under Title V of the Clean Air Act; under 40 CFR 51, Subpart I or Appendix S, incorporated by reference at 35 Ill. Adm. Code 218.112 and 219.112; or under 40 CFR 52.21, incorporated by reference at 35 Ill. Adm. Code 218.112 and 219.112, as applicable. Where such a method also measures compounds with negligible photochemical reactivity, these negligibly-reactive compounds may be excluded as VOM if the amount of such compounds is accurately quantified and the exclusion is approved by the Agency.
c) As a precondition to excluding these negligibly-reactive compounds as VOM, or at any time thereafter, the Agency may require an owner or operator to provide monitoring or testing methods and results demonstrating, to the satisfaction of the Agency, the amount of negligibly-reactive compounds in the source’s emissions.
d) The USEPA will not be bound by any State determination as to appropriate methods for testing or monitoring negligibly-reactive compounds if such determination is not reflected in any of the test methods in subsection (b) above.
e) The following compound is VOM for the purposes of all recordkeeping, emissions reporting, photochemical dispersion modeling and inventory requirements that apply to VOM, and it must be uniquely identified in emission reports, but it is not VOM for the purposes of VOM emissions limitations or VOM content requirements: t-butyl acetate.

(Source: Amended at 32 Ill. Reg. ________, effective ______________________)
 
IT IS SO ORDERED.
 
I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the Board adopted the above opinion and order on January 10, 2008, by a vote of 4-0.
 
 
____________________________________
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board

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