RustOeum

Corporation

R.UST.OLEUM

11

Hawthorn

Parkway

*

Vernon

Hills,

IL 60061

*

847-367-7700

*

Fax

847-816-2300

CORPORATION

November 19,

2008

CLERK’S

OFFE

John Therriault,

Chief

Clerk

NOV

202008

Clerk’s Office

Attention

Docket #R09-08

01S

Illinois

Pollution

Control Board

Oard

100

W. Randolph,

Suite

11-500

Chicago,

Illinois

60601

RE:

Illinois

EPA

Architectural

and

Industrial

Maintenance

(AIM) Coatings;

Docket #O98-

Dear

Mr.

Therriault:

Rust-Oleum

Corporation

is

an

international

manufacturer

and marketer

of paints

and protective

coatings.

Rust

Oleum

is an Illinois

corporation

with

headquarters

in

Vernon

Hills,

Illinois.

Rust-Oleum

has been

a resident

employer

in Illinois

since 1935.

Rust-Oleum

is a member

of

the

National

Paint

&

Coatings

Association

(NPCA) and

supports

NPCA’s

request

to extend

the

implementation

date

of the

Ailvi rulemaking

from

January

1, 2009

to July 1, 2009

to allow

IEPA

adequate

time to finalize

and adopt

the amendments

to the

AIM

rule, and

more

importantly,

provide

adequate

time

for industry

to make

necessary

changes

in order to comply

with

the

amendments.

Rust-Oleum

has

worked

with

NPCA

and

several

paint

industry

companies

and

with

U.S.

EPA, California

Air

Resources

Board,

South

Coast

Air Quality

Management

District,

Ozone

Transportation

Commission,

and

the

Lake

Michigan

Air

Directors

Consortium

in the development

of

rules

to

lower

the VOC

concentrations

of

AIM

coatings.

Rules

that have

lead

to

the

Illinois

rule.

As

a result,

Rust-Oleum

has a

full line

of compliant

coatings,

including coatings

which

will

comply

with the

limits

in the proposed

Illinois

AIM

rule.

The

problem

we have

with

an effective

date

as early

as January

1, 2009

is inventory

management.

Rust-Oleum

manufactures

for

inventory,

not for

shipment.

With

different

AIM rules

around

the country

we have

to set

up

systems

that lock

out

shipments

of noncompliant

products

to regulated

states and

districts.

We have

to maintain

separate

inventories

and

product

numbers.

We also

have

to set

up

product

numbers

with our

Illinois

customers

so

that

when an existing

product

is

ordered

it can be

replaced

by a

newly compliant

product.

No other

regulatory

agency,

including

local,

state, U.S.

and

Canadian

agencies,

has promulgated

AIM

rules

that

became

effective

weeks

after

the

rule was

made final.

No one expected

that

the

Illinois

rule would

go before

the

Board

in late

December

with

a rule having

an

effective

date of

January

1. We,

like many

other

paint

companies,

will not

be

in a position

to change

our product

distributions

to our

thousands

of distributor

and

retail

customers

in Illinois

in

an orderly

and

efficient

manner

by January

1, 2009.

The change

will

be quite

costly

to

implement is

such a short

period

of time.

An

pm

Company

---

Therefore,

we ask again

that the Board

change

the

effective

date of the

Rule from January

1, 2009

to July

1,

2009.

Since timing

of

the rule is

critical

to

the

manner in

which we change

our internal

and

external inventory

distribution

processes,

we

ask

that the Board

consider

this request

and the

requests

of others in

the paint

industry

to postpone

the

effective

date of

the Rule as

soon

as possible,

prior

to the scheduled

meeting

to approve

the

Rule.

Sincerely,

Michael Murphy

Corporate

Counsel

An

pm

Company