ILLINOIS POLLUTION CONTROL BOARD
January 24, 2008
IN THE MATTER OF:
PROPOSED NEW 35 ILL. ADM. CODE
PART 223 STANDARDS AND
LIMITATIONS FOR ORGANIC MATERIAL
EMISSIONS FOR AREA SOURCES
)
)
)
)
)
)
R08-17
(Rulemaking - Air)
ORDER OF THE BOARD (by A.S. Moore):
On January 2, 2008, the Illinois Environmental Protection Agency (Agency) filed a
proposal under the general rulemaking provisions of Sections 27 and 28 of the Environmental
Protection Act (Act) (415 ILCS 5/27, 28 (2006)). A motion for waiver of requirements
accompanied the proposal. Generally, the Agency proposes a new 35 Ill. Adm. Code 223 to
reduce volatile organic material (VOM) emissions from various consumer products, architectural
and industrial maintenance products, and aerosol coatings. The Board accepts the proposal for
hearing today, grants the Agency’s request for waiver of requirements, and directs the hearing
officer to proceed to hearing in this matter.
SUMMARY OF AMENDED PROPOSAL
In support of its proposal to reduce VOM emissions from various consumer products,
architectural and industrial maintenance products, and aerosol coatings, the Agency submitted a
Statement of Reasons (Statement) and a Technical Support Document.
The Agency states that, effective July 17, 1997, the United State Environmental
Protection Agency (USEPA) revised the national ambient air quality standard (NAAQS) for
ozone from 0.120 parts per million (ppm) to 0.080 ppm. Statement at 1. In addition, USEPA
increased from one hour to eight hours the time period used as the basis for compliance with the
NAAQS for ozone.
Id
. at 1-2.
The Agency claims that, while many large sources of VOM in the State are already
regulated, Illinois requires additional control measures to achieve compliance with the eight-hour
ozone NAAQS. Statement at 4. The Agency states that it proposed this rulemaking in order to
attain the ozone NAAQS by 2010 and to protect the health of the State’s citizens.
Id
. The
Agency claims that combined VOM emissions from consumer products, architectural and
industrial maintenance coatings, and aerosol coating products “account for approximately 9.86%
of all anthropogenic VOM emissions in the State of Illinois.”
Id
. at 5. The Agency argues that
this proposed rulemaking would reduce VOM emissions by approximately 28.5 tons per day and
slightly more than 10,000 tons on an annual basis.
Id
.
MOTION FOR WAIVER OF REQUIREMENTS
2
In its motion (Mot.), the Agency notes that the Board’s procedural rules require filing the
original and nine copies of its regulatory proposal with the Board’s Clerk. Mot. at 1, citing 35
Ill. Adm. Code 102.200. Because the entire proposal contains approximately 1,000 pages, the
Agency
requests that it be allowed to file the original and four complete copies of the
proposal plus five partial copies, the partial copies consisting of the Table of
Contents, Statement of Reasons, Technical Support Document, pleadings, and the
proposed rule absent documents relied upon and incorporations by reference.
Id
.
The Agency further notes that the Act requires it to provide information supporting its
regulatory proposal. Mot. at 1, citing 415 ILCS 5/27(a) (2006). The Agency states that
Attachment A lists documents it relied upon in drafting that proposal.
Id
. at 1-2. Because of the
number and length of those documents, the Agency requests that the Board waive the normal
copy requirements and allow filing an original and four copies of documents listed in Attachment
A.
Id
. at 2.
In addition, the Agency states that the Illinois Administrative Procedure Act allows an
agency to “incorporate by reference the regulations, standards and guidelines of an agency of the
United States or a nationally recognized organization or association without publishing the
incorporated material in full.” Mot. at 2, citing 5 ILCS 100/5-75(a) (2006). The Agency further
states that the agency adopting a regulation must maintain a copy of the authority incorporated
by reference and make it available to the public upon request. Mot. at 2, citing 5 ILCS 100/5-
75(b) (2006). The Agency claims that the documents it has incorporated by reference in this
proposal “are readily accessible to, or are already within the possession of the Board.” Mot. at 2.
Accordingly, the Agency requests that the Board waive the requirements of its procedural rules
and allow the Agency not to file specified documents marked by an asterisk in Attachment B.
Id
., citing 35 Ill. Adm. Code 102.200. Due to the large number of documents in Attachment B
that are not so marked, the Agency also requests that it be allowed to file an original and four
copies of the remaining documents in Attachment B. Mot. at 2.
CONCLUSION
The Board finds that the petition meets the content requirements of 35 Ill. Adm. Code
102. The Board accepts this proposal for hearing and directs the assigned hearing officer to
proceed to hearing under the rulemaking provisions of the Act and the Board’s procedural rules.
415 ILCS 5/27, 28 (2006); 35 Ill. Adm. Code 102. After conducting one or more hearings on
this proposal, the Board will determine whether to proceed to first notice.
The Board grants the Agency’s motion for waiver of requirements. The Board allows the
Agency to file an original and four complete copies of its proposal, plus five partial copies
consisting of the Table of Contents, Statement of Reasons, Technical Support Document,
pleadings, and the proposed rule. In addition, the Board allows the Agency to file an original
and four copies of the documents listed in Attachment A to its proposal. The Board also allows
the Agency not to file specified documents marked with an asterisk in Attachment B to its
3
proposal. Finally, the Board allows the Agency to file an original and four copies of the
remaining documents listed in Attachment B.
IT IS SO ORDERED.
I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board adopted the above order on January 24, 2008, by a vote of 4-0.
___________________________________
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
