BOARD
RECEIVED
CLERIC§ OFFICE
APR 1
4 2008
P4ution
STATE OF
Control
ILLINOI
Boa
?
I
BEFORE
THE
ILLINOIS POLLUTION CONTROL
REEIVED
CLe4ifi'S
OFFICE
APR 1 4 2008
Pollution
STATE
OF
Contra
ILLINOIS
Board
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)
TESTIMONY OF THE
CONSUMER SPECIALTY PRODUCTS ASSOCIATION
Joseph T. Yost
Director, Strategic Issues Advocacy
900 17
th
Street, N.W., Suite 300
Washington, D.C. 20006
(202) 833-7325
Filed: April 8, 2008
'te_^F
By:
osepliT. Yost
dector, Strategic Issues
?
ocacy
PROPOSED NEW 35 ILL. ADM. CODE
PART 223 STANDARDS AND
LIMITATIONS FOR ORGANIC
MATERIAL EMISSIONS FOR AREA
SOURCES
R08-17
(Rulemaking - Air)
4;IECEIVED
CLER4'S OFFICE
APR 14 2008
Pollution
STATE OF
Control
ILUNOIS
Board
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
NOTICE
TO: Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601-3218
Virginia Yang
Deputy Legal Counsel
Illinois Department of Natural
Resources
One Natural Resources Way
Springfield, Illinois 62702
Matthew Dunn, Chief
Division of Environmental Enforcement
Office of the Attorney General
188 West Randolph Street, 20
th Floor
Chicago, Illinois 60601
Charles E. Matoesian, Assistant Counsel
Office of the Attorney General
Environmental Bureau North
69 West Washington Street, Suite 1800
Chicago, IL 60602
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
Katherine D. Hodge
Monica Rios
Illinois Environmental Regulatory Group
215 East Adams Street
Springfield, IL 62701
Mark A. Biel
Chemical Industry Council of Illinois
400 West Monroe, Suite 205
Springfield, IL 62704
PLEASE TAKE NOTICE that I have filed today with the office of the Pollution Control
Board a copy of testimony that the Consumer Specialty Products Association will present on
the REGULATORY PROPOSAL entitled "PROPOSED NEW 35 ILL. ADM. CODE PART
223 STANDARDS AND LIMITATIONS FOR ORGANIC MATERIAL EMISSIONS FOR
AREA SOURCES" and APPEARANCE of the Consumer Specialty Products Association of
copy of which is herewith served upon you.
DATED: April 8, 2008
900 17
th
Street, N.W., Suite 300
Washington, DC 20006
202-833-7325
Consumer Specialty Products Association
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD,
c
e
L
ew
CeiV
s
oppice
ED
APR 14 2008
Pollution
STATE
OF
Co
ntrol
ILLINOIS
Board
(Rulemaking – Air)
APPEARANCE
The undersigned hereby enters an Appearance on behalf of the Consumer
Specialty Products Association.
Respectfully Submitted
CONSUMER SPECIALTY PRODUCTS ASSOCIATION
IN THE MATTER OF:
PROPOSED NEW 35 ILL. ADM. CODE
PART 223 STANDARDS AND
LIMITATIONS FOR ORGANIC
MATERIAL EMISSIONS FOR AREA
SOURCES
R08-17
seph T. Yost
irector, Strategic IssUes dvocacy
DATED: April 8, 2008
900 17th Street, N.W., Suite 300
Washington, DC 20006
202-833-7325
By:
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
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)
TABLE OF CONTENTS
1.
Notice of Filing
2.
Appearance of Joseph T. Yost, Director, Strategic Issues Advocacy, for the Consumer
Specialty Products Association
3.
Synopsis of Testimony
4.
Testimony of the Consumer Specialty Products Association
5.
Certificate of Service
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
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)
SYNOPSIS OF TESTIMONY
The Consumer Specialty Products Association (CSPA) offers general support for the
Illinois EPA's proposed regulation because it is consistent with the Ozone Transport
Commission's Model Consumer Products Rule. By taking this action, the Agency will
promulgate regulatory requirements that are consistent with the final regulations promulgated by
12 other states and the District of Columbia. Uniform state regulations will improve air quality
without imposing unnecessary impediments to interstate commerce.
However, CSPA urges the Board to consider several technical revisions to ensure that
companies have adequate time to comply with certain administrative filing requirements contained
in the Illinois EPA's proposed regulation. The changes will make certain administrative
requirements of the Agency's proposed regulation consistent with parallel provisions in the OTC
Model Rule. CSPA's requested technical amendments will
not
change the requirement for
manufacturers to comply with the applicable VOM limits on January 1, 2009.1
1
See
Proposed Ill. Admin. Code Title 35, Sec. 223.025.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
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)
TESTIMONY
I. INTRODUCTION
The Consumer Specialty Products Association (CSPA) appreciates the opportunity to
present testimony to the Illinois Pollution Control Board (Board) on the proposed new
35 Ill. Adm. Code Part 223 Standards and Limitations for Organic Material Emissions for Area
Sources. These regulations are proposed to reduce volatile organic materials (VOMs) in
consumer products, architectural and industrial maintenance products, and aerosol coatings.2
This proposed regulation is part of the comprehensive strategy developed by the Illinois
Environmental Protection Agency (Illinois EPA or Agency) to reduce ground-level ozone to
demonstrate attainment of the federal eight-hour ozone air quality standard. If adopted, the rule
will take effect on January 1, 2009.
CSPA filed written comments on the Agency's draft proposed regulation in June and
October 2007. CSPA commends the Illinois EPA for their concerted efforts to ensure that all
interested stakeholders had an opportunity to participate in this open and transparent rulemaking
process. As the case with our previously filed documents, CSPA's testimony is limited to the
proposed regulation set forth at Part 223, Subpart B: Consumer and Commercial Products
(i.e., Sections 223.200-.285).
2
The text of the proposed regulation is posted on the Board's Website at:
http://www.ipcb.state.il.us/documents/dsweb/Get/Document-5 98 19/.
-2-
II. STATEMENT OF INTEREST
CSPA
is a voluntary, non-profit national trade association representing approximately
260 companies engaged in the manufacture, formulation, distribution, and sale of products for
household, institutional, commercial and industrial use. CSPA member companies' wide range
of products includes home, lawn and garden pesticides, antimicrobial products, air care products,
automotive specialty products, detergents and cleaning products, polishes and floor maintenance
products, and various types of aerosol products. CSPA member companies manufacture and
market more than two-thirds of the broad product categories and forms that will be subject to the
stringent VOM limits contained in the Agency's proposed regulation.
Since the late 1980s, CSPA has worked actively and cooperatively with California,
Connecticut, Delaware, Maine, Maryland, Massachusetts, Michigan, New Hampshire, New
Jersey, New York, Ohio, Oregon, Pennsylvania, Texas and Virginia to provide our industry's
perspective on these states' consumer products regulations. In addition, CSPA is participating as
an active stakeholder in efforts by the OTC and the Lake Michigan Air Directors Consortium
(LADCO) to develop consistent regulatory requirements for consumer and commercial products
in the Northeast, Mid-Atlantic and Midwest Regions.
CSPA also worked cooperatively with the U.S. EPA during the late 1990s as it developed
the current National Volatile Organic Compound Emission Standards for Consumer Products.3
CSPA continues to work cooperatively with the U.S. EPA as it develops revisions to the
National Consumer Products Rule (the new VOC limits and related provisions are based on the
OTC Model Rule). U.S. EPA expects to issue its proposed revisions in May 2008.
3
40 C.F.R. Part 59, Subpart C (2007). EPA's National Volatile Organic Compound Emission
Stands for Consumer Products (hereinafter referred to as "National Consumer Products Rule") was
promulgated as a final rule in 1998. The text of EPA's regulation is posted at:
http ://www. acces s. gi
p
°. gov/nara/cfr/waisidx 05/40cfr59 05 . html.
In addition, CSPA participated as a joint intervenor with another national trade
association in support of the U.S. EPA in
Allied Local and Regional Manufacturers Caucus, et al
v. US. Environmental Protection Agency.
4
In this case, CSPA and another national trade
association filed joint legal briefs supporting EPA's arguments that the Agency had authority to
promulgate regulations pursuant to Section 183(e) of the federal Clean Air Act.
III. COMMENTS
A. CSPA Supports Uniform Consumer Products Regulations.
In summary, the Illinois EPA's proposed regulation incorporates provisions of the
recently revised Ozone Transport Commission's (OTC's) Model Consumer Products Rule,5
which incorporates the most stringent technology-forcing regulatory standards for more than
100 product categories and forms that are currently in effect in California.
6
Thus, the
Illinois EPA's proposed VOM standards may pose a significant challenge for small- and
medium-sized companies that manufacture and market their products on a regional (as opposed
to a nationwide) basis and thus, are not subject to California (or other states' OTC-based)
VOC limits.
Although some of CSPA member companies have legitimate concerns about the
difficulty and expense that they may incur to comply with new VOM limits contained in
Illinois EPA's draft proposed regulation, CSPA
supports
the promulgation of
uniform
regulations
because it is vitally important that interstate commerce is not impaired by the
promulgation of different state regulations in the Midwest, Northeast and Mid-Atlantic Regions.
Moreover, adoption of uniform regional regulations is a practical necessity for small businesses
4
215 F.3d 61 (D.C. Cir. 2000).
5
The text of OTC's recently revised Model Rule is posted at:
http://www.otcair.org/projects details.asp?FID=99&fview=stationary#.
6
See
Cal. Code Regs. Title 17, Subchapter 8.5, Article 4, §§ 94507-94517.
since they generally lack the staff resources to ensure that the companies' products comply with
a patchwork of different (and potentially conflicting) state-specific requirements.
Therefore, CSPA supports the Illinois EPA's proposal to join other states' environmental
agencies in developing
uniform regulatory requirements
for consumer products. Uniform state
regulations will improve air quality without imposing unnecessary impediments to interstate
commerce.
B. The Board Should Consider Several Necessary Technical Amendments to Ensure
Consistency with the OTC Model Rule.
The Illinois EPA expended a considerable amount of time and effort to ensure that its
proposed regulation would be consistent with the OTC Model Rule and the regulations
promulgated by other states and the District of Columbia. The Agency succeeded in achieving
this objective; the major provisions (i.e., the stringent VOM limits and related enforcement
provisions) of the proposed regulation are entirely consistent with the OTC Model Rule.
However, several administrative provisions in the Agency's proposed regulation deviate from
parallel provisions in the OTC Model Rule. Thus, CSPA urges the Board to consider several
technical revisions to ensure that companies have adequate time to comply with certain
administrative filing requirements contained in the Illinois EPA's proposed regulation.
1. The Board should ensure that companies have a reasonable amount time to file an
explanation of their date-codes.
CSPA supports the Agency's authority to require companies to clearly indicate the date
of manufacture (i.e., the actual date or a code indicating the date) on each product container or
package.7
This requirement is necessary for the Agency to properly enforce its stringent VOM
limits. Notwithstanding our general support of the Agency's authority, CSPA urges the Board to
'
Proposed Ill. Admin. Code Title 35, Section 223.255.
-5-
ensure that the final regulation provides manufacturers with a reasonable amount of time to
provide an explanation of their company-specific date codes.
As currently drafted, Section 223.255 of the proposed regulation will require product
manufacturers that use a company-specific date code (i.e., a code different than the standard
"Julian date" format specified in the regulation)
8
to file an explanation of the code no later than
12 months before the effective date of new VOM limits.
9
While this provision is entirely
consistent with the OTC Model Rule, it will impose an impossible compliance problem since this
rulemaking will not be published as a final rule until June or July 2008 at the earliest.
Consequently, if this provision is not amended, companies unintentionally will violate this
administrative filing requirement since they obviously could not be expected to submit the
necessary information before January 1, 2008 (i.e., at least six months
before
the regulation had
legal effect). Therefore, CSPA urges the Board to amend the proposed regulation as follows:
Italicized text
=
text added to the Illinois EPA's proposed regulation
Stricken
text
=
text deleted from the Illinois EPA's proposed regulation
Section 223.255 Additional Product Dating Requirements
a) If a manufacturer uses a code other than specified in 223.250(b)
indicating the date of manufacture for any consumer product subject to
Section 223.205(a), an explanation of the date portion of the code must
be filed with the Agency no later than
12
sixmonths pfier--te4he
after the date that this regulation is published as
,
a final rule.
This necessary technical amendment will provide a reasonable amount of time to comply with
the Agency's administrative filing requirement.
CSPA supports this request by citing the action taken by the Michigan Department of
Environmental Quality (MDEQ) when it promulgated its first consumer products regulation. In
summary, MDEQ's regulation incorporates the OTC Model Rule by express reference; thus, the
8
The standard code format for citing the date of manufacture is specified in Proposed Admin.
Code Title 35, Section 223.250(b).
9
Proposed Ill. Admin. Code Title 35, Section 223.255(a).
-6-
Michigan regulation contained a similar 12-month advance notification requirement. However,
since the state's initial consumer products regulation was not promulgated as a fmal rule until
January 29, 2007, the MDEQ delayed the date-code filing until July 1, 2007 (i.e., MDEQ granted
approximately six months after the final regulation's January 2007 effective date).
In conclusion, the additional time that CSPA requests is limited only to a company's duty
to provide an explanation of the date-code (i.e., an administrative filing requirement). This
request will
not
change the requirement for companies to comply with the applicable VOM
limits on January 1, 2009.1°
2. The Board should ensure that companies have a reasonable amount of time to respond
the Agency's request for product information.
As stated above, CSPA fully supports the Agency's authority to require companies to
provide certain information about their products.
See
Proposed Ill. Admin. Code Title 35,
Section 223.270. This provision is necessary to ensure compliance with the VOM limits.
However, as currently drafted, the provision provides 30 days for companies to respond to the
Agency's request for information. This proposed requirement deviates from the parallel
provision in the OTC Model Rule, which provides 90 days to respond to a written request for
product information." Furthermore, regulations promulgated by 11 states and the District of
Columbia also provide companies with 90 days to provide the requested product information:
•
California;12
• Delaware;13
• District of Columbia;14
• Maine;15
•
Maryland;16
1
°
See
Proposed Ill. Admin. Code Title 35, Sec. 223.025.
11
The OTC Model Rule's reporting requirements are set forth at Section 7(a).
12 Cal. Code Regs. Title 17 § 94513(a).
13
Del. Air Quality Mgmt. Reg. No. 41 § 2(e).
14
D.C. Mun. Regs., Title 20, § 733.
15
Code of Maine Rules Ch. 152 § 7A.
16
MD. Regs. Code Title 26.11, § 32.14(A).
-7-
• Massachusetts;'7
• Michigan;18
•
New Jersey;19
• New York;2°
•
Ohio;21
•
Pennsylvania;
22 and
• Virginia.23
As a practical matter, CSPA believes that the currently proposal to allow only 30 days may be an
inadequate amount of time for many companies to comply with the Agency's request for product
information. This short time-frame may be particularly difficult for multi-national companies to
locate and submit the required infoimation since the required data may be stored at a facility in
another country.
Therefore, CSPA urges the Board to amend the proposed regulation to provide a 90 day
period for companies to respond to the Agency's request for information by making the
following technical amendment to the proposed regulation:
Italicized text
=
text added to the Illinois EPA's proposed regulation
= text deleted from the Illinois EPA's proposed regulation
Section
223.270
Reporting Requirements
a) Upon request, a responsible party must submit to the Agency any of the
following information within
30
90
days of a request by the Agency:
This technical revision will ensure that this administrative provision in the Illinois fmal
regulation is consistent with the OTC Model and final regulations promulgated by 11 states
and the District of Columbia.
17
Mass. Regs. Code Title 310, § 7.25(12)(e).
18
See
Mich. Admin. Code R 336.1660. Michigan recently incorporated by express reference the
revised OTC Model Rule dated September 13, 2006. The Model Rule provides 90 days for companies to
respond to a request for product information.
See
Section 7(a).
19
N.J. Admin. Code Title 7 §§ 7:27-24.6(e).
20
NY Comp. Codes R. & Regs. Title 6, § 235-7.1.
21
Ohio Admin. Code Rule 3745-112-06(A).
22 25 Pa. Code § 130.391.
23
Va. Regs. 9 VAC 5-40-7360.B.
8
IV. CONCLUSION
CSPA is fully aware that Illinois and many other states are confronting a difficult
challenge to comply with the federal ozone standard. This challenge is particularly demanding
in the heavily populated Midwest Region. While the stringent VOM limits contained in the
Illinois EPA's proposed regulation may require some small- and medium-size companies to
expend a considerable amount of time and money to reformulate their products, CSPA supports
the proposal because it is consistent with the OTC Model Rule. Moreover, our industry is
committed to working cooperatively with the Agency to improve air quality in Illinois and other
Midwest Regional Planning Organization States.
CSPA commends the Illinois EPA for conducting a very open and transparent
rulemaking process. We appreciate the opportunity to participate as an active stakeholder in this
important process to develop a technologically challenging set of VOM limits and related
enforcement provisions that are a necessary part of the Illinois EPA's comprehensive strategy to
demonstrate attainment of the federal Clean Air Act's strict ozone standard.
WHEREFORE,
for the reasons stated above, the Consumer Specialty Products
Association requests that the Board consider two narrowly-tailored technical revisions to ensure
that companies have adequate time to comply with certain administrative filing requirements
contained in the Illinois EPA's proposed regulation. The changes will ensure that the
administrative requirements of the Agency's proposed regulation are consistent with parallel
provisions in the OTC Model Rule and final regulations promulgated by 11 other states and the
District of Columbia. Furthermore, theses two technical amendments will
not
change the
9
requirement that manufacturers must comply with the applicable VOM limits on
January 1, 2009.
Respectfully submitted,
CONSUMER SPECIALTY PRODUCTS ASSOCIATION
By:
V
?
,
4p3'-71?
//
J eph,T. Yost
/
irgetor, Strategic Issue AOocacy
L./
DATED:
April 8, 2008
900 17th Street, N.W., Suite 300
Washington, D.C. 20006
(202) 872-8110
eph TYost
irector, Strategic
Issn
s Advocacy
DISTRICT OF COLUMBIA )
SS
CERTIFICATE OF SERICE
I, the undersigned do hereby state and attest to the fact that I have served the attached
copy of the testimony that the Consumer Specialty Products Association will present on the
REGULATORY PROPOSAL entitled "PROPOSED NEW 35 ILL. ADM. CODE PART 223
STANDARDS AND LIMITATIONS FOR ORGANIC MATERIAL EMISSIONS FOR AREA
SOURCES" and APPEARANCE upon the person to whom it is directed, by placing a copy in an
envelope addressed to:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601-3218
Virginia Yang
Deputy Legal Counsel
Illinois Department of Natural Resources
One Natural Resources Way
Springfield, Illinois 62702
Matthew Dunn, Chief
Division of Environmental Enforcement
Office of the Attorney General
188 West Randolph Street, 20
th Floor
Chicago, Illinois 60601
Charles E. Matoesian, Assistant Counsel
Office of the Attorney General
Environmental Bureau North
69 West Washington Street, Suite 1800
Chicago, IL 60602
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
Katherine D. Hodge
Monica Rios
Illinois Environmental Regulatory Group
215 East Adams Street
Springfield, IL 62701
Mark A. Biel
Chemical Industry Council of Illinois
400 West Monroe, Suite 205
Springfield, IL 62704
and mailing it from Washington, DC, with sufficient postage affixed, as indicated above.
DATED: April 8, 2008
900 17th Street, N.W., Suite 300
Washington, DC 20006
202-833-7325
CONSUMER SPECIALTY PRODUCTS
ASSOCIATION
By:
,
(
