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)
NOTICE
TO:
John Therriault, Assistant Clerk
Illinois Pollution Control Board
State
of Illinois Center
100 West Randolph, Suite 11-500
Chicago, Illinois 6060I
SEE ATTACHED SERVICE LIST
PLEASE TAKE NOTICE that I have today filed with the Office
ofthe Pollution Control
Board the FIRST NOTICE COMMENTS OF THE ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY a copy
of which is herewith served upon you.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
BY:~'
Charles E. Matoesian
Assistant Counsel
Division
of Legal Counsel
DATED: December 16, 2008
1021 North Grand Avenue East
Springfield, Illinois 62794-9276
217.782.5544
217.782.9143 (TDD)
Electronic Filing - Received, Clerk's Office, December 16, 2008
* * * * * PC # 23 * * * * *
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)
FIRST NOTICE COMMENTS OF THE ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
NOW COMES the ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
("Illinois EPA"
or "Agency"), by its attorney, Charles E. Matoesian, and hereby submits
comments in the above rulemaking proceeding. The Illinois EPA appreciates the Illinois
Pollution Control Board's("Board"
or "IPCB") efforts in this rulemaking to add to 35
Ill.
Adm. Code, new Part 223. The Illinois EPA believes the proposed addition ofPart 223
will reduce volatile organic material emissions ("YOM") in Illinois. The Agency also
thanks the Board for this opportunity to present comments.
After reading the Board'sOpinion and Order
of October 16, 2008, and reviewing the June
4, 2008, hearing transcript along with various filings, the Agency maintains that the
YOM limits to categories omitted by the Board as additional categories added
by the
2006 OTC model rule are both technically feasible and economically reasonable. The
Agency also maintains that
it provided adequate support to demonstrate technical and
economic feasibility. The inclusion
ofthese categories in the Agency'sinitial filing
reflected consultation with affected industry associations and the goal
of consistency with
on-the-books measures in other regions
of the U.S. In fact, the affected industry
Electronic Filing - Received, Clerk's Office, December 16, 2008
* * * * * PC # 23 * * * * *
associations generally supported the rulemaking in testimony before the Board in this
proceeding.
However, to prevent further delay in adoption
ofR 08-17, the Agency will not be
submitting further technical support for these categories. The final rule, as amended
by
the Board, will still achieve the majority ofthe anticipated YOM reductions from the
categories included in the Board First Notice Draft.
CONCLUSION
The Illinois EPA thanks the Board for the opportunity to participate in this
rulemaking proceeding and encourages the Board to proceed expeditiously towards the
adoption
of a second notice opinion and order adding Part 223.
Respectfully submitted,
By:::::::::~~=--_~;L;,.L--.
Charles E. Matoesi
Assistant Counsel
Division
ofLegal Counsel
Dated: December 16, 2008
1021 North Grand Avenue East
Springfield, Illinois 62794-9276
217.782.5544
217.782.9143 (TDD)
Electronic Filing - Received, Clerk's Office, December 16, 2008
* * * * * PC # 23 * * * * *
STATE OF ILLINOIS
COUNTY
OF SANGAMON
)
)
)
SS
CERTIFICATE OF SERVICE
I,
the undersigned, an attorney, state that I have electronically served the attached
FIRST NOTICE COMMENTS OF THE ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY 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
PROTECTION AGE
By:
-=::::~====---~~==
Charles E. Matoesian
Assistant Counsel
Division
of Legal Counsel
DATED: December 16, 2008
1021 North Grand Ave. East
Springfield,
IL 62794-9276
217.782.5544
217.782.9143 (TDD)
Electronic Filing - Received, Clerk's Office, December 16, 2008
* * * * * PC # 23 * * * * *
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
FORAREA )
SOURCES
)
)
R08- 017
(Rulemaking - Air)
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
SERVICE LIST
Mark
A.
Biel
Chemical Industry Council
of Illinois
.400
W. Monroe, Suite 205
Springfield, IL 62704
Katherine D. Hodge
MonicaRios
Lauren C. Lurkins
Alec
M. Davis
3150 Roland Ave.
Springfield, IL 62705
Virginia
1. Yang
Illinois Department
ofNatural Resources
Office
of Legal Counsel
One Natural Resources Way
Springfield, IL 62702-1271
Electronic Filing - Received, Clerk's Office, December 16, 2008
* * * * * PC # 23 * * * * *