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Electronic Filing - Received, Clerk's Office, April 16, 2008

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF:

? )

PROPOSED NEW 35 ILL. ADM. CODE )

PART 223 STANDARDS AND

R08 - 017

LIMITATIONS FOR ORGANIC

(Rulemaking – Air)

MATERIAL EMISSIONS FOR AREA )

SOURCES

)

NOTICE

TO:

John Therriault, Assistant Clerk

Illinois Pollution Control Board

State of Illinois Center

100 West Randolph, Suite 11-500

Chicago, Illinois 60601

SEE ATTACHED SERVICE LIST

PLEASE TAKE NOTICE that I have today filed with the Office of the Pollution Control

Board the

TESTIMONY OF RORY DAVIS and ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY'S FIRST ERRATA SHEET TO ITS PROPOSAL FOR THE

ADDITION OF 35 ILL. ADM. CODE 223

a copy of which is herewith served upon you.

ILLINOIS ENVIRONMENTAL

Division of Legal Counsel

DATED: April 16, 2008

1021 North Grand Avenue East

Springfield, Illinois 62794-9276

217.782.5544

217.782.9143 (TDD)

Electronic Filing - Received, Clerk's Office, April 16, 2008

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF:

)

PROPOSED NEW

ILL. ADM. CODE )

PART 223 STANDARDS AND

R08 - 017

LIMITATIONS FOR ORGANIC

(Rulemaking – Air)

MATERIAL EMISSIONS FOR AREA )

SOURCES

)

TESTIMONY OF RORY DAVIS

My name is Rory Davis. I am an Environmental Protection Engineer in the Air

Quality Planning Section, Air Pollution Control Division of the Illinois Environmental

Protection Agency's ("Illinois EPA" or "Agency") Bureau of Air. I have been employed

by the Agency in the Air Quality Planning Section for two and one half years. Prior to

that, I worked at the Illinois Department of Transportation for four years as an

Engineering Technician. I have a Bachelor of Science degree in Computational Physics

as well as a Bachelor of Science degree in Mathematics from Illinois State University. I

also have a Masters degree in Engineering from the University of Illinois at Chicago. My

graduate studies consisted of an interdisciplinary program involving coursework from the

Chemical Engineering and Mechanical Engineering fields with a concentration on

Environmental Engineering.

In my current position with the Agency my duties include providing technical

support for regulatory proposals. I will be providing testimony regarding the proposed

rule regulating consumer and commercial products, architectural and maintenance

coatings, and aerosol coatings.

Electronic Filing - Received, Clerk's Office, April 16, 2008

Proposed Regulation for Consumer Products, Architectural and Industrial

Maintenance ("AIM") Coatings and Aerosol Coatings

The Illinois EPA has proposed the regulation for consumer products, AIM

coatings, and aerosol coatings in order to reduce emissions of volatile organic material

("VOM") from the affected categories. The proposed regulation sets VOM content limits

for consumer products and AIM coatings sold in Illinois, and the aerosol coatings portion

of the rule is intended to limit VOM emissions from those coatings through a reactivity-

based standard. Under the proposed rule non-compliant products from these categories

would not be allowed to be sold in Illinois, offered for sale in Illinois, or supplied or

manufactured for sale in Illinois after January 1, 2009. It is the position of the Illinois

EPA that these rules will have the effect of aiding in the attainment of the National

Ambient Air Quality Standards for ozone, and that the rule is both technically feasible

and economically reasonable.

In drafting the proposed regulation, the Illinois EPA sought at all times to ensure

that the regulation would be as consistent as possible with similar regulations in other

parts of the country. This aspect is especially important in rules regulating commonly

used products to ensure that uniform products can be sold and used in regions with

similar limits, and to reduce the cost to industry of implementing rules by limiting the

cost of reformulation, packaging, and shipping. The Illinois EPA conducted extensive

outreach with the affected industries in order to address these concerns, and has proposed

a regulation that reflects these efforts and the input of a number of specifically affected

parties.

To my knowledge, the proposal has addressed all concerns that were presented

during outreach

to the satisfaction of the affected parties and the Agency.

Electronic Filing - Received, Clerk's Office, April 16, 2008

The consumer products and AIM coating portions of the proposed rule are based

on rules currently in effect in the Ozone Transport Commission ("OTC") states in the

Northeast of the United States. The aerosol coatings portion of the rule is based upon the

California Air Resources Board ("CARB") rule affecting the same source category, as

well as on a proposed federal regulation, that was likewise based on the CARB rule. It

my understanding that proposals mirroring the three portions of the proposed regulation

are in various stages of development for consideration as national rules set forth by the

United States Environmental Protection Agency ("USEPA"). The Illinois EPA has

determined that it is in the best interest of the State of Illinois, in order to meet ozone

attainment goals, to go forward with state rules regulating these specific source categories

in order to ensure an effective date of January 1, 2009. At the time the proposed

regulation was submitted to the Board it was considered unlikely that national rules for

these source categories would be finalized and in effect by January

1, 2009.

Reduction of VOM in Illinois Due to the Proposed Rules

Based upon estimates by the OTC and the Lake Michigan Air Directors

Consortium ("LADCO") in the cases of the consumer products and AIM coatings, and by

CARB in the case of aerosol products, significant reductions of VOM from the affected

source categories will be achieved by the adoption of the proposed regulation. In some

cases the following reduction estimates may be slight over estimates due to the

aforementioned similar rules in the OTC and California having the effect of some

national manufacturers selling compliant products nationwide in response to regional

rules. However, in all cases the reductions are stated in terms of reductions for 2002

Electronic Filing - Received, Clerk's Office, April 16, 2008

inventory estimates, and over estimates of reductions would simply reflect reductions that

have already occurred due to these similar regional rules.

In the case of consumer products, it was estimated that a reduction of 14.2% from

2002 VOM levels from the source category could be achieved by the adoption of the

proposed rules. This would account for a reduction of approximately 17.72 tons of VOM

per day, or around 6468 tons of VOM reduction per year in Illinois. This also equates to

a reduction of almost

of total anthropogenic VOM emissions statewide.

In the case of AIM coatings, it was estimated that a reduction of 21% from 2002

VOM levels from AIM coatings could be achieved by the adoption of the proposed rules.

This would account for a reduction of approximately 12.21 tons of VOM per day or

around 4456 tons of VOM annually.

In the case of aerosol coatings, it was estimated that the proposed limits would

result in a 19.4% reduction of VOM emissions from aerosol coating products beyond the

current federal rules. This would account for a reduction of approximately 1.97 tons of

VOM per day or around 719 tons of VOM per year.

The Proposed Rule is Economically Reasonable and Cost Effective

The costs associated with the proposed regulation are based on research

conducted and data collected by CARB and the OTC. These cost figures are discussed in

greater detail in the technical support document for this rule, and are broken down into

specific costs for each product in the broader categories. The detailed presentations of

the cost estimates can be found for consumer products in sections 2.5 and 2.6 of the

technical support document; for AIM coatings in sections 3.4 and 3.5; and for aerosol

Electronic Filing - Received, Clerk's Office, April 16, 2008

coatings in sections 4.5 and 4.6. These cost estimates fall within a range generally

considered to be cost effective and reasonable.

It should be noted, as it is in the technical support document, that the cost

estimates for all three portions of the proposed rule are most likely over-estimates due to

similar rules being in effect in the OTC States and in California. Manufacturers of

affected products and their consumers have already assumed a great deal of the costs

because research and development of alternative compliant products, including

alternative delivery systems, reformulations, and repackaging, has been conducted for the

similar rules in other regions of the United States.

On a dollar per ton basis the cost effectiveness of each portion of the proposed

rule is stated in the technical support document as approximately $800 per ton of VOM

for consumer products, $6400 per ton of VOM for AIM coatings, and $1272 per ton of

VOM for aerosol coatings. As stated above, it is reasonable to assume, especially in the

case of AIM coatings, that these figures are over-estimates for the cost of implementation

in Illinois that include initial costs that will not be incurred because of existing similar

rules in other regions.

Proposed Regulation is Technically Feasible

As previously noted, regulations with identical VOM limits to those in the

proposed rule are in effect in the OTC region and California. This is evidence that the

proposed limits are technically achievable, and indeed compliant products in every

product category are commercially available and in use in these regions. More detailed

discussions of the technical feasibility of the proposed limits can be found in the technical

Electronic Filing - Received, Clerk's Office, April 16, 2008

support documents written by CARB and the OTC in support of their current regulations

that the proposed rule has been based on. These documents have been submitted as

supporting documents for this rulemaking process. This support for the feasibility of the

limits was, of course, composed before the OTC and CARB rules were adopted, and has

since been confirmed by the availability of compliant products where these rules are in

effect.

Summary of Testimony

In summary, the proposed rule for consumer products, AIM coatings, and aerosol

coatings is an economically reasonable and cost effective measure for reducing VOM

emissions from the affected source categories on a statewide basis. The product VOM

limits in the rule are also technically feasible, and have been achieved where the

aforementioned OTC and CARB rules are in effect. My belief is that the Illinois EPA

has proposed a well constructed and well considered rule that reflects the experience

gained from similar rules and the extensive input of the affected industries.

Electronic Filing - Received, Clerk's Office, April 16, 2008

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF:?

)

PROPOSED NEW 35 ILL. ADM. CODE )

PART

223

STANDARDS AND

R08 - 017

LIMITATIONS FOR ORGANIC?

(Rulemaking – Air)

MATERIAL EMISSIONS FOR AREA )

SOURCES

)

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY'S FIRST ERRATA

SHEET TO ITS PROPOSAL FOR THE ADDITION OF 35 ILL. ADM. CODE 223

NOW COMES the Illinois Environmental Protection Agency ("Illinois EPA"), by

and through its attorney Charles E. Matoesian, and submits this First Errata Sheet to its

proposal for the addition of 35 III. Adm. Code 223. The Illinois EPA proposes the

following amendments to the text of the rules submitted in its proposal to the Board dated

January 2, 2008:

1. Amend Section 223.270(b) to clam that companies only have to submit ozone-

depleting compound information to the Illinois EPA upon request. It was not intended

that companies should be required to provide this information without a request from

the Illinois EPA.

b)?

In addition to the requirements of subsection (a)(6) of this Section the

responsible party shall report or shall arrange to have reported to the

Agency,

upon request,

the net percent by weight of each ozone-depleting

compound which is:

Listed in Section 223.210(a); and

Contained in a product subject to reporting under subsection (a) of

this Section in any amount greater than 0.1% by weight.

2. Amend Section 223.270(c) to say that manufacturers need only submit to the Illinois

EPA the information requested in subsections (a) and (b) of Section 223.270 upon

request. It was not the intention of the Illinois EPA to require every manufacturer to

submit information every time they sell a new product in Illinois.

Electronic Filing - Received, Clerk's Office, April 16, 2008

In addition, all manufacturers must submit to the Agency upon request, the

information requested in subsections (a) and (b) above upon

commencement of the selling of each such product in Illinois.

Amend Section 223.310(a)(29) so that it correctly states the limit for Nuclear

Coatings YOM Content as 450 Grams/liter and pounds/gallon of coating. The OTC

model rule amended the figure but it was inadvertently left the same.

Amend Section 223.440(d) to say that companies only have to send us the explanation

of date codes for aerosol coating products upon request by the Illinois EPA. It was

not the intention of the Illinois EPA to require this information from all companies for

all products.

d)?

For any aerosol coating product subject to Section 223.410(a), if the

manufacturer or responsible party uses a code indicating the date of

manufacture or an abbreviation of the coating category as defined in

Section 223.407, an explanation of the code or abbreviation may be,

requested by must be filed with the Agency. , prior to the use of the code

or abbreviation.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

Charles E. Matoesian

Assistant Counsel

DATED: April 16, 2008

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

(217) 782-5544

Electronic Filing - Received, Clerk's Office, April 16, 2008

STATE OF ILLINOIS

COUNTY OF SANGAMON

CERTIFICATE OF SERVICE

I, the undersigned, an attorney, state that I have electronically served the attached

TESTIMONY OF RORY DAVIS and ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY'S FIRST ERRATA SHEET TO ITS PROPOSAL FOR THE ADDITION OF 35 ILL.

ADM. CODE 223 upon the following person:

John Therriault, Assistant Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph, Suite 11-500

Chicago, Illinois 60601-3218

and mailing it by first class mail from Springfield, Illinois, with sufficient postage affixed to the

following persons:

SEE ATTACHED SERVICE LIST

ILLINIOS ENVIRONMENTAL

Division of Legal Counsel

DATED: April 16, 2008

1021 North Grand Ave. East

Springfield, IL 62794-9276

217.782.5544

217.782.9143 (TDD)

Electronic Filing - Received, Clerk's Office, April 16, 2008

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 - 017

(Rulemaking – Air)

SERVICE LIST

Timothy Fox, Hearing Officer

Illinois Pollution Control Board

State of Illinois Center

100 West Randolph, Suite 11-500

Chicago, Illinois 60601

Matthew J. Dunn, Chief

Office of Attorney General

Environmental Bureau

69 W. Washington St., Suite 1800

Chicago, IL 60602

Virginia I. Yang

Illinois Department of Natural Resources

Office of Legal Counsel

One Natural Resources Way

Springfield, IL 62702-1271

Mark A. Biel

Chemical Industry Council of Illinois

400 W. Monroe, Suite 205

Springfield, IL 62704

Katherine D. Hodge

Monica Rios

215 E. Adams St.

Springfield, IL 62701