BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
iN
THE
MATTER
OF:
)
REASONABLY
AVAILABLE
CONTROL
))
RiO-
(Rulemaking-Air)
jO
TECHNOLOGY
(RACT)
FOR
VOLATILE
)
ORGANIC MATERIAL
EMISSIONS
FROM
)
GROUP
III CONSUMER
&
COMIvIERCLkL
)
CLERK’S
OFFf
CE
PRODUCTS:
PROPOSED
AMENDMENTS
)
TO
35
ILL.
ADM.
CODE
218
and
219
)
OCt
232009
TABLE
OF
CONTENTS
pjJj
1.
Notice
of Filing
2. Appearance
of
Dana
Vetterhoffer,
Assistant
Counsel
for the
Illinois
Environmental
Protection
Agency
3.
Proposal
of
Regulations
by
Director
Douglas
P. Scott
4.
Certification
of
Required
Rule
5.
Certification
of
Origination
6.
Agency
Analysis
of
Economic
and
Budgetary
Effects
7.
Motion
for
Waiver
of Copy
Requirements
8.
Fast
Track
Rulemaking
Cover
Sheet
9.
Statement
of
Reasons
10. Proposed Amendments
to 35
Ill.
Adm.
Code
Parts
218
and
219
11. Technical
Support
Document
for
Control
of Volatile
Organic
Material
Emissions
in
Non-Attainment
Areas
from
Paper,
Film,
and
Foil
Coatings,
Large
Appliance
Coatings,
and
Metal
Furniture
Coatings,
AQPSTRO9-
10,
Illinois
Environmental
Protection
Agency,
July
2009
12.
Documents
Relied
Upon:
Control
Techniques
Guidelines
for
Paper,
Film,
and
Foil
Coatings,
United
States
Environmental
Protection
Agency,
Office
of
Air
Quality
Planning
and
Standards,
Research
Triangle
Park,
NC,
September
2007.
1
Control
Techniques Guidelines
for Metal
Furniture Coatings,
United
States
Environmental
Protection
Agency,
Office
of Air Quality
Planning
and
Standards,
Research
Triangle Park,
NC, September
2007.
Control Techniques
Guidelines
for Large
Appliance Coatings,
United States
Environmental
Protection Agency,
Office
of Air Quality
Planning
and
Standards,
Research
Triangle Park,
NC, September
2007.
Illinois Environmental
Protection
Act
(415 ILCS 5/et
seq.)
Clean
Air
Act (42
U.S.C. 7401
et seq.)
13. Certificate
of
Service
14. First Notice
Forms
15.
Disk
in
Microsoft
WORD containing
Agency’s
Proposed
Amendments
to Parts
218
and
219, and First Notice
Forms
2
BEFORE
THE JLLINOIS POLLUTION
CONTROL BOARD
IN
THE MATTER OF:
REASONABLY AVAILABLE
CONTROL
TECHNOLOGY
(RACT) FOR VOLATILE
ORGANIC MATERIAL
EMISSIONS FROM
GROUP Ill CONSUMER
& COMMERCIAL
PRODUCTS:
PROPOSED AMENDMENTS
TO 35 ILL.
ADM.
CODE 218
and 219
To:
John Therriault, Assistant
Clerk
Illinois Pollution Control Board
James R.
Thompson
Center
100 West
Randolph,
Suite 11-500
Chicago,
Illinois
60601-3218
Virginia
Yang
Deputy
Legal
Counsel
Illinois Department of Natural
Resources
One Natural Resources Way
Springfield, IL 62702
CLERK’S
OFFICE
OCT232
009
NOTICE
STATE
OF
ILLINOIS
POl1tjon
Control
Board
Matthew
Dunn, Chief
Division
of
Environmental
Enforcement
Office of
the
Attorney
General
69
W. Washington, Suite 1800
Chicago, IL 60602
PLEASE TAKE NOTICE that I
have
today filed with
the Office
of
the
Pollution
Control
Board
the
REGULATORY PROPOSAL entitled “REASONABLY AVAILABLE
CONTROL
TECHNOLOGY (RACT)
FOR
VOLATILE ORGANiC MATERIAL EMISSIONS FROM
GROUP
III CONSUMER & COMMERCIAL PRODUCTS: PROPOSED AMENDMENTS
TO
35 ILL.
ADM.
CODE 218
and 219,”
MOTION FOR
WAiVER
OF COPY REQUIREMENTS,
and APPEARANCE
of
the
Illinois Environmental Protection
Agency, a
copy of which is
herewith
served upon you.
Respectfully submitted,
ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY
By:2
Dana Vet
Assistant Counsel
Division of
Legal
Counsel
RiO-
/0
)
(Rulemaking-Air)
)
)
)
)
)
DATED:
October
23,
2009
1021
N.
Grand
Ave.
East
P.O.
Box
19276
Springfield, IL 62794-9276
(217)
782-5544
THIS
FILING
IS
SUBMITTED
ON
RECYCLED
PAPER
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
IN
THE
MATTER
OF:
)
)
Rio-I
REASONABLY
AVAILABLE
CONTROL
)
(Rulemaking-Air)
TECHNOLOGY
(RACT)
FOR
VOLATILE
)
ORGANIC
MATERIAL
EMISSIONS
FROM
)
‘k’S
PRODUCTS:
GROUP
III
CONSUMER
PROPOSED
&
AMENDMENTS
COMMERCIAL
))
Q(
23
2009
TO
35
ILL.
ADM.
CODE 218
and
219
)
30
iTE
gFILLIN
01
APPEARANCE
The
undersigned
hereby
enters
her
appearance
as
an
attorney
on
behalf
of
the
Illinois
Environmental
Protection
Agency.
Respectfully
submitted,
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
ByZ,-
24
Dana
Vetterhoffer
Assistant
Counsel
7/
Division
of
Legal
Counsel
DATED:
October
15,
2009
1021
N.
Grand
Ave. East
P.O.
Box
19276
Springfield,
IL
62794-9276
(217)
782-5544
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
IN
THE
MATTER
OF:
)
RiO-
/0
REASONABLY
AVAILABLE
CONTROL
)
(Rulemaking-Air)
TECHNOLOGY
(RACT)
FOR
VOLATILE
)
GROTJP
ORGANIC
III
MATERIAL
CONSUMER
EMISSIONS
&
COMMERCIAL
FROM
)
)
OC
‘3
200,9
PRODUCTS:
PROPOSED
AMENDMENTS
)
jT
0
TO 35
ILL. ADM.
CODE
218
and
219
)
IL’
Lillon
Contrj01S
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
PROPOSAL
OF
REGULATIONS
The
Illinois
Environmental
Protection
Agency
moves
that
the
Illinois
Pollution
Control
Board
adopt
the
attached
regulations.
Respectfully
submitted,
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
By:_____________
Dougl
1
P.
Scott
Direc6r
DATED:
()Hber
S
,
2009
1021
N.
Grand
Ave.
East
P.O.
Box
19276
Springfield,
IL
62794-9276
(217)
782-5544
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
IN
THE
MATTER
OF:
)
REASONABLY
AVAILABLE
CONTROL
))
RE-
(Rulemaking-Air)
j0
TECHNOLOGY
(RACT)
FOR
VOLATILE
)
ORGANIC
MATERIAL
EMISSIONS
FROM
)
ERKS
OFFICE
GROUP
III
CONSUMER
&
COMMERCIAL
)
OCT
23
PRODUCTS:
PROPOSED
AMENDMENTS
)
g
TO
35
ILL.
ADM.
CODE
218
and
219
)
STATE
OF
I
JJj
COflfr
0
l
Board
CERTIFICATION
OF
REQUIRED
RULE
The
Illinois
Environmental
Protection
Agency
certifies
in
accordance
with
35
Ill.
Adm.
Code
102.202(h)
and 102.500,
and
415
ILCS
5/28.2(b),
that
it
believes
that
this
proposal
for
amendments
to
35
Ill.
Adm.
Code
218
and
219
is a
federally
required
rule
under
Sections
172(c)(1)
and
182(b)(2)
of
the
Clean
Air
Act
(“CAA”).
42
U.S.C.
§
7502(c)(l)
and
751
la(b)(2).
The
proposal
for
amendments
is
needed
to
satisfy
Illinois’
obligation
to
submit
a
State
Implementation
Plan
(“SIP”) for
sources
of
volatile
organic
materials
(“VOM”)
emissions
in
areas
designated
as
nonattainment
with
respect
to
the
ozone
National
Ambient
Air
Quality
Standard.
Section
172(c)(1)
of
the
CAA provides
that
states
must
include
in
their
SIPs
for
nonattainment
areas “reasonably
available
control
measures,”
including
“reasonably
available
control
technology”
(“RACT”),
for
sources
of
emissions.
42
U.S.C.
§
7502(c)(1).
Section
1
82(b)(2)
of
the
CAA provides
that,
for
ozone
nonattainment
areas,
the
State
must
revise
its
SIP
to
include
RACT
for
sources
of
VOM
emissions
covered
by
a
control
techniques
guideline
(“CTG”)
issued between
November
15,
1990,
and
the
date
of
attainment.
42
U.S.C.
§
7511
a(b)(2).
1
The
proposed
amendments
are intended
to
establish
RACT
requirements
for
Group
III
Consumer
and
Commercial
Product
categories
in response
to
CTGs
issued
by the
United
States
Environmental Protection
Agency
on
October
9,
2007,
and
thereby
satisfy
the
CAA
requirements
described
above.
Respectfully
submitted,
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
By:
Dana
Vetterhoffer
Assistant
Counsel
Division
of
Legal
Counsel
DATED:
October
15, 2009
1021 N.
Grand
Ave.
East
P.O.
Box
19276
Springfield,
IL
62794-9276
(217)
782-5544
2
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
IN
THE
MATTER
OF:
)
)
Rio-
I
REASONABLY
AVAILABLE
CONTROL
)
(Rulemaking-Air)
TECHNOLOGY
(RACT)
FOR VOLATILE
)
ORGANIC
MATERIAL
EMISSIONS
FROM
)
GROUP
III
CONSUMER
& COMMERCIAL
)
PRODUCTS:
PROPOSED
AMENDMENTS
)
TO
35
ILL.
M.
CODE
218
and
219
)
2009
/
o,
CERTIFICATION
OF
ORIGINATION
0
‘7troi
Board
The
Illinois
Environmental
Protection
Agency
certifies
in
accordance
with
35
Iii.
Adm.
Code
102.202(i)
that
this
proposal
for
amendments
to
35
Ill.
Adm.
Code
218
and
219
amends
the
most
recent version
of
the
rules
as
published
on
the
Illinois
Pollution
Control
Board’s
website.
Respectfully
submitted,
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
By:
14i7124-
Dana
Vetterhoffer
Assistant
Counsel
//
Division
of
Legal
Counsel
DATED:
October
15,
2009
1021
N.
Grand Ave.
East
P.O. Box
19276
Springfield,
IL
62794-9276
(217) 782-5544
Agency
Analysis
of Economic
and
Budgetary
Effects
of Proposed
Rulemaking
TArp
OF
ILLINOIS
Agency:
Illinois
Pollution
Control Board
Control
Board
Part/Title:
Organic
Material
Emission
Standards
and
Limitations
for the Chicago
Area
(35
Ill. Adm.
Code
Part
218)
Illinois
Register
Citation:
Please
attempt
to
provide
as
dollar-specific
responses
as
possible and
feel
free to
add
any
relevant
explanation.
Anticipated
effect
on State
expenditures
and revenues.
(a)
Current
cost
to
the agency
for
this program/activity.
-$13,OOO
per year
(b)
If
this rulemaking
will
result
in an
increase
or decrease
in
cost, specify
the
fiscal
year in
which
this change
will first
occur and
the
dollar
amount
of the effect.
N/A
(c)
Indicate
the funding
source,
including
Fund and
appropriation
lines,
for this
program/activity.
N/A
(d)
If
an
increase
or decrease
in
the costs of
another
State
agency
is anticipated,
specify
the fiscal
year
in which
this change
will
first occur
and the estimated
dollar
amount
of the effect.
N/A
(e)
Will
this
rulemaking
have
any effect
on
State revenues
or expenditures
not
already
indicated
above?
No
2.
Economic
effect
on persons
affected
by
the rulemaking:
(a)
Indicate
the
economic
effect
and
specify the
persons
affected:
Positive
Negative
X
No effect
Persons
affected:
See list
of
potentially
affected
sources
in
TSP.
Dollar
amount
per ton
of VOM emissions
reduced:
Affected
paper, film
and
foil coaters:
$0-i
,200/ton
Affected
large
appliance
coater:
$0-500/ton
Affected metal
furniture coater:
$0-200/ton
Total
statewide
cost:
Affected
paper,
film and foil
coaters:
$0-25,740/year
Affected
large
appliance
coater:
$0/year
(No affected
source)
Affected
metal
furniture coater:
$0/year
(No
affected source
is expected
to
need
additional
control)
(b)
If
an economic
effect
is predicted,
please briefly describe
how the
effect
will
occur.
Costs
due to control
measures for
newly—affected
sources,
as
described
in TSD.
(c)
Will
the
rulemaking have
an
indirect
effect that may
result
in increased
administrative
costs?
Will there be
any
change
in requirements
such
as
filing, documentation,
reporting
or completion
of forms?
The rulemaking
will require a
small amount
of additional reporting
but
should have
no
more
than
a negligible
indirect effect that may
result in
increased administrative
costs.
Agency
Analysis
of
Economic
and
Budgetary
Effects
of Proposed
Rulemaking
Agency:
Illinois
Pollution
Control
Board
Part/Title:
Organic Material
Emission
Standards
and Limitations
for
the Metro East
Area
(35
Ill.
Adm.
Code
Part
219)
Illinois Register
Citation:
Please
attempt
to
provide
as dollar-specific
responses
as possible
and feel
free
to
add
any
relevant
explanation.
Anticipated
effect on
State
expenditures
and
revenues.
(a)
Current
cost
to the agency
for
this program/activity.
—$1,2OO
per
year
(b)
If this
rulemaking
will result
in an
increase
or decrease
in cost,
specify the
fiscal
year in which
this change
will
first
occur
and the dollar
amount of
the effect.
N/A
(c)
Indicate
the
funding
source,
including
Fund
and
appropriation
lines,
for this
program/activity.
N/A
(d)
If
an
increase or
decrease
in
the costs
of another
State
agency
is
anticipated,
specify
the fiscal
year in
which this
change
will
first occur
and the estimated
dollar
amount
of
the
effect.
N/A
(e)
Will this
rulemaking
have any
effect
on State
revenues
or
expenditures
not
already
indicated
above?
No
2.
Economic
effect
on persons
affected
by
the rulemaking:
(a)
Indicate
the economic
effect
and specify
the
persons
affected:
Positive
Negative
X
No
effect
Persons
affected: See
list of potentially
affected
sources
in TSD.
Dollar
amount per
ton of VOM
emissions
reduced:
Affected
paper,
film and
foil coaters:
$O-1,200/ton
Affected large
appliance
coater:
$0-500/ton
Affected
metal furniture
coater:
SO-200/ton
Total
statewide
cost:
Affected
paper,
film
and foil
coaters: $0/year
year
(No affected
source
is
expected to
need additional
control)
Affected
large appliance
coater:
$0/year (No
affected source)
Affected
metal furniture
coater:
$0/year (No
affected
source)
(b)
If
an economic
effect
is
predicted,
please
briefly
describe
how
the
effect
will
occur. Costs
clue
to control
measures
for newly-affected
sources,
as described
in TSD.
(c)
Will
the rulemaking
have
an indirect
effect
that
may
result in
increased
administrative
costs?
Will there
be any
change
in
requirements
such as
filing, documentation, reporting
or completion
of forms?
The
rulemaking
will
require a small
amount
of
additional
reporting
but
should
have
no more
than a negligible
indirect
effect
that may result
in
increased
administrative
costs.
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
IN
THE
MATTER
OF:
)
REASONABLY
AVAILABLE
CONTROL
))
RiO-(Rulemaking-Air)
JO
TECHNOLOGY
(RACT)
FOR
VOLATILE
)
ORGANIC
MATERIAL
EMISSIONS
FROM
)
GROUP
III
CONSUMER
&
COMMERCIAL
)
S
°F7c
PRODUCTS:
PROPOSED
AMENDMENTS
)
OCr
TO35ILL.ADM.CODE218and219
)
2
2
09
°11Ut(fl
r!/j1S
MOTION
FOR
WAIVER
OF
COPY
REQUIREMENTS
The Proponent,
the
Illinois
Environmental
Protection
Agency
(“Illinois
EPA”),
by
its
attorney,
and
pursuant
to
35111.
Adm.
Code
101.500,
102.110,
102.200,
and
102.402,
respectfully
moves
that
the
Illinois
Pollution
Control
Board
(“Board”)
waive
the
requirement
that
the
Illinois
EPA
submit
the
original
and
nine
copies
of
the
regulatory
proposal
including
all
documents
relied
upon,
and
waive
the
requirement
that
the
Illinois
EPA
provide
copies
of
certain
documents
relied
upon.
In
support
of
its
Motion,
Illinois
EPA
states
as
follows:
1.
Section
102.200
of
the
Board’s
procedural
rules
requires
that
the
original
and
nine
copies
of
each
regulatory
proposal
be
filed
with
the
Clerk.
This
entire
regulatory
proposal
consists
of
approximately
400
pages.
Given
the
length
of
the
proposal
and
the
resources
required
to
provide
nine copies,
Illinois
EPA
requests
that
the
Board
waive
the
normal
copy
requirements
and
allow Illinois
EPA
to
file
the
original
and
four
complete
copies
of
the
documents.
2.
Section
27(a)
of
the
Environmental
Protection
Act
requires
that
the
Illinois
EPA
provide
information
supporting
the
proposal.
415
ILCS 5/27(a).
Two
of
the
documents
relied
upon
by
the
Illinois
EPA,
the
Illinois
Environmental
Protection
Act
and
the
Clean
Air
Act,
are
readily
accessible
to
or
are
within the
possession
of
the
Board.
Given
the
ease
of
accessibility
of
these
documents,
listed
as
items ‘d’
and
‘e’
below,
the
Illinois
EPA
moves
that
the
Board
waive
1
the
requirement
that the Illinois
EPA provide
copies
of
such
documents.
The
Illinois
EPA
has
otherwise provided documents
which
were
directly
relied
upon
when drafting the
regulatory
proposal. The
documents
relied
upon
are
as follows:
a. Control Techniques
Guidelines
for Paper,
Film,
and
Foil Coatings,
United States
Environmental
Protection
Agency,
Office
of Air
Quality Planning and
Standards,
Research
Triangle
Park,
NC, September
2007.
b.
Control
Techniques Guidelines
for Metal
Furniture
Coatings, United
States
Environmental
Protection
Agency,
Office
of Air
Quality Planning
and Standards,
Research
Triangle Park,
NC, September
2007.
c.
Control
Techniques Guidelines
for Large
Appliance
Coatings, United
States
Environmental
Protection
Agency,
Office
of
Air
Quality Planning
and Standards,
Research
Triangle Park,
NC,
September
2007.
d.
Illinois
Environmental Protection
Act
(415 ILCS 5/et
seq.).
e.
Clean Air Act (42
U
.S.C. 7401 et
seq.).
WHEREFORE,
the Illinois
EPA moves
that the
Board waive
the requirement
that
the
Illinois EPA
provide copies of
the documents
listed as items
‘d’ and
‘e’ above, and waive
the
requirement that the Illinois
EPA
provide
an
original and
nine copies
of the remaining
documents in its proposal.
Respectfully
submitted,
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
By:
Dana Vetterhoffer
Assistant
Counsel
Division
of Legal
Counsel
2
DATED:
October
15,
2009
1021
N. Grand
Ave. East
P.O.
Box 19276
Springfield,
IL 62794-9276
(217)
782-5544
3
L
18
0cr2
32009
OfIUuIJfl
g’4LLiNo,
8
8
oard
THIS
IS
A
FAST
TRACK
R
ULEMAKING
FILED
IN ACCORDANCE
WITH
SECTION 28e5
OF THE
ENVIRONMENTAL
PROTECTION
ACT
(415
ILCS
5/28.5)
BEFORE
THE ILLINOIS
POLLUTION
CONTROL
BOARD
IN
THE
MATTER
OF:
)
REASONABLY
AVAILABLE
CONTROL
)
)
RiO-(Rulemaking-Air)
jO
TECHNOLOGY
(RACT)
FOR
VOLATILE
)
ORGANIC
MATERIAL
EMISSIONS
FROM
)
GROUP
III
CONSUMER
&
COMMERCIAL
)
CLJIfb
PRODUCTS:
PROPOSED
AMENDMENTS
)
°FIcE
TO
35
ILL.
ADM.
CODE 218
and
219
)
OCT
232009
STATEMENT
OF
REASONS
‘OIIUtTo
LINois
I.
INTRODUCTION
The
Illinois
Environmental
Protection
Agency
(“Illinois
EPA”) submits
this
Statement
of
Reasons
to
the
Illinois Pollution
Control
Board
(“Board”)
pursuant
to
Sections
10,
27,
and
28.5
of
the
Environmental
Protection
Act
(“Act”)
(415
ILCS
5/10,
27,
and
28.5)
and
35
Iii.
Adm.
Code 102.202
in
support
of the
attached
proposal
of
regulations.
These
regulations
are
proposed
to
control
emissions
of
Volatile
Organic
Material (“VOM”),
which
is effectively
the
same
as
volatile
organic
compounds
(“VOC”),
from
the
following
Group
III
Consumer
and
Commercial
Product
Categories:
Paper,
Film,
and
Foil
Coatings,
Metal
Furniture
Coatings,
and
Large
Appliance
Coatings.
This
proposed
rulemaking
is
intended
to
meet certain
obligations
of
the
State
of
Illinois
under
the
federal
Clean
Air
Act
(“CAA”),
42
U.S.C.
§
7401
et
seq. Specifically,
the
rulemaking
is
intended
to
satisfy
Illinois’
obligation
to
submit
a State
Implementation
Plan
(“SIP”) to
address requirements
under
Sections
172
and
182
of the
CAA
for
sources
of
VOM
emissions
in
areas
designated
as nonattainment
with
respect
to
the
ozone
National
Ambient
Air
Quality
Standard
(“NAAQS”).
See
42
U.S.C.
§S
7502
and
7511a.
Section 172(c)(i)
of
the
CAA provides
that
states
must
include
in their
SIPs
for
nonattainment areas
(“NAAs”) “reasonably
available
control
measures”
(“RACM”),
including
“reasonably
available
control technology”
(“RACT”),
for sources
of
emissions.
42
U.S.C.
§
7502(c)(l).
Section 182(b)(2)
of the
CAA provides that,
for ozone
NAAs,
the State must
revise its SIP to include
RACT for
sources
of
VOM emissions covered
by
a control
techniques
guideline
(“CTG”) issued between
November
15,
1990,
and the date
of attainment.
42
U.S.C.
§
7511a(b)(2).
Illinois is proposing
reasonable and cost
effective
VOM
controls
for
Group III
Consumer
and Commercial
Product
Categories
in response
to
CTGs
issued
for such
categories.
Included
in
this proposal
are
amendments
to 35 Ill.
Adm.
Code
Part 218,
Organic
Material
Emission
Standards
and Limitations
for the
Chicago
Area,
and 35 Iii.
Adm.
Code Part 219, Organic
Material
Emission
Standards
and
Limitations
for the
Metro
East
Area.
II. STATEMENT
OF
FACTS
The
CAA
establishes
a comprehensive
program
for
controlling
and
improving the
nation’s air quality
via state
and federal regulations.
The
United
States
Environmental
Protection
Agency (“USEPA”)
is charged with
identifying air
pollutants that
endanger
the
public
health and welfare
and with formulating
the NAAQS
that
specify
the
maximum
permissible concentrations
of those pollutants
in the
ambient
air
pursuant to
Sections
108 and 109 of the
CAA.
42
U.S.C.
§sS
7408-7409.
A.
8-Hour
Ozone NAAQS
Ozone
occurs
both in the Earth’s
upper
atmosphere
and at
ground
level.
VOM
is
a
primary
precursor
to the formation
of ground-level
ozone,
which
is formed when
oxides
of
nitrogen
and VOM
react in the atmosphere
in the
presence
of sunlight.
Ground-level
2
ozone
is a
major
component
of
smog.
72
Fed.
Reg.
57217
(Oct.
9,
2007).
Exposure
to
sufficient
concentrations
of
ground-level
ozone
is
associated
with
agricultural
crop
loss,
damage
to
forests
and
ecosystems,
and
a variety
of
human
health
conditions,
including
acute
respiratory
symptoms,
increased
susceptibility
to respiratory
infection,
and
pulmonary
inflammation.
72
Fed.
Reg.
57217.
On
July
18,
1997,
USEPA
revised
the
NAAQS for
ozone
by replacing
the
1-hour
standard
with
an
8-hour
standard.
62
Fed.
Reg.
38856
(July
18,
1997).
In
Illinois,
there
are
two
areas
designated
as
nonattainment
(moderate)
for
the
8-hour
ozone
standard:
1)
the
Chicago-Gary-Lake
County,
IL-IN
designated
area,
which
includes
Cook, DuPage,
Grundy
(partial-Goose
Lake
and
Aux
Sable
Townships),
Kane,
Kendall
(partial-Oswego
Township),
Lake,
McHenry,
and
Will
Counties;
and
2)
the
St.
Louis,
MO-IL
designated
area,
which
includes
Jersey,
Madison,
Monroe,
and
St.
Clair
Counties. 40
CFR
§
81.3
14.
B.
CAA
Requirements
1.
Consumer
and
Commercial
Products.
Group
III
Section
183(e)
of the
CAA
required
that
USEPA
conduct
a
study
of the
emissions
of
VOM into
the
ambient
air
from
consumer
and
commercial
products
in
order
to
determine
their
potential
to
contribute
to
ozone
levels
which
violate
the
ozone
NAAQS
and
to
establish criteria
for
regulating
emissions
of
VOM
from
such
products.
72
Fed.
Reg.
57217. Section
183(e)
provides,
“[T]he
Administrator
shall
list
those
categories
of
consumer
or
commercial
products
that
the
Administrator
determines,
based
on
the
study,
account
for
at
least
80
percent
of
the
VOC
emissions
. .
. from
consumer
or
commercial
products
in
areas
that
violate
the
NAAQS
for
ozone”
and
shall
divide
the
categories
into
groups.
42 U.S.C.
§
7511b(e)(3)(A).
3
The CAA requires that USEPA then either
regulate VOM emissions from such
categories
or issue a CTG
in
lieu of a national
regulation
if
the
Administrator determines
that such guidance will be substantially as effective
as regulations in reducing emissions
of VOM which
contribute to ozone levels
in ozone NAAs. 42
U.S.C.
§
7511b(e)(3)(C).
cTGs provide states
with
recommendations
regarding what
types of controls could
constitute
RACT for VOM for
the applicable
source categories.
72 Fed. Reg. 572 17-
572
18.
States must either adopt regulations to
implement the recommendations
in
the
CTG or adopt alternative
approaches
that constitute
RACT, either of which must be
submitted to
the
USEPA for
review and
approval as part
of
the
SIP process. 72 Fed. Reg.
57218.
On October 9,
2007, the
USEPA issued final
CTGs for
three
Group III Consumer
and Commercial Product Categories. The USEPA required
that
states submit SIP
revisions
in
response to the CTGs within one year. 72
Fed. Reg. 57215-57218.
2.
RACT Requirements
USEPA
designated the Chicago and Metro
East areas in Illinois as nonattainment
(moderate)
for the 8-hour ozone NAAQS, which triggered
requirements under the
CAA
for
adopting regulations that reduce emissions sufficiently
to demonstrate attainment
of
the standard. Section
172(c)(1)
of
the
CAA provides, in
pertinent part:
(c)
Nonattainment plan provisions
The plan provisions (including plan items)
required to be submitted under this
part shall
comply with
each of the following:
(1)
In general
Such
plan provisions
shall
provide
for the implementation
of all
reasonably available
control measures as
expeditiously as
practicable
(including
such reductions
in emissions
from
existing
4
sources
in
the
area
as
may
be
obtained
through
the
adoption,
at
a
minimum,
of
reasonably
available
control
technology)
and
shall
provide
for
attainment
of
the
national
primary
ambient
air
quality
standards.
42
U.S.C.
§
7502(c)(l).
A
subset
of
RACM
is
RACT,
which
is
defined
as the
lowest
emission
limitation
that
a
particular
source
can
meet
by
applying
a
control
technique
that
is
reasonably
available
considering
technological
and
economic
feasibility.
See
44
Fed.
Reg.
53762
(September
17,
1979).
Additionally,
Section
182(b)
of
the
CAA
provides,
in
pertinent
part:
(b)
Modetate
Areas
Each
State
in
which
all
or
part
of
a
Moderate
Area
is
located
shall,
with
respect
to
the
Moderate
Area, make
the
submissions
described
under
subsection
(a)
of
this
section
(relating
to
Marginal
Areas),
and
shall also
submit
the
revisions
to
the
applicable
implementation
plan
described
under
this
subsection.
(2)
Reasonably
available
control
technology
The
State
shall
submit
a
revision
to
the
applicable
implementation
plan
to
include
provisions
to require
the
implementation
of
reasonably
available
control
technology
under
section
7502(c)(1)
of
this
title with
respect
to
each
of
the
following:
(A)
Each
category
of
voc
sources
in
the
area
covered
by
a
CTG
document
issued
by
the
Administrator
between
November
15,
1990,
and
the
date
of
attainment.
42
U.S.C.
§
7511a(b)(2).
Sections 172
and
182
of
the
CAA
establish
the
requirement
for
Illinois
to
submit
VOM
regulations
constituting
RACT
for
Group
III
Consumer
and
Commercial
Product
Categories
in
ozone
NAAs
classified
as
moderate
and
above.
Illinois
was
required
to
submit its
SIP
revisions
by
October
9,
2008.
C.
Fast Track
This regulatory proposal is properly
submitted to the
Board
under
Section 28.5 of
the
Act as a fast-track rulemaking. Section 28.5 provides,
“When the [CAA] requires
rules
other than identical in substance rules
to be adopted, upon request
by
the Agency,
the Board must adopt rules under fast-track
rulemaking
requirements.”
A
rule
is
“required to be adopted” when the USEPA
“is
empowered
to impose sanctions against
the
State for failure to adopt such rules.” 415 ILCS 5/28.5.
This
rulemaking proposal
satisfies such
criteria. First, the
proposed rule is not
identical in substance to any federal regulation.
The CTGs at issue here are merely
guidance documents which
set
forth recommendations
that a state may utilize when
making VOM RACT determinations for Group
III product categories. See 72 Fed. Reg.
57218. Second,
the proposed rule is required
to be adopted.
As
previously discussed,
Sections 172 and 182 of
the CAA require
that Illinois submit
as
a
SIP
revision
VOM
RACT regulations for Group III
categories
in ozone NAAs.
Pursuant to Section 179 of
the CAA, two sanctions are
available
to USEPA if Illinois
fails to do so: 1) the loss of
highway funds; and 2) an
increase in the emissions
offset ratio
for New Source Review.
42
U.S.C.
§
7509.
Further, if Illinois fails to make
an adequate SIP submission,
USEPA
has the
authority to impose a Federal Implementation
Plan pursuant to Section
110(c)(1)
of the CAA.
42
U.S.C.
§
7410(c)(1). Illinois EPA’s
submittal of its
proposal as a fast
track rulemaking
is therefore appropriate.
III.
PURPOSE AND
EFFECT OF
THE PROPOSAL
As
described in detail
above,
this rulemaking
proposal has been prepared to
satisfy Illinois’
obligation
to
submit
a SIP to address the requirements
under Sections
172
6
and
182
of the
CAA
for
sources
of VOM
emissions
in
areas
designated
as
nonattainment
with
respect to
the
ozone
NAAQS.
See
42
U.S.C.
§
7502
and
7511a.
Additionally,
Illinois
is
required
to
submit
these
SIP
revisions
before
the
USEPA
can
redesignate
the
Chicago and
Metro
East
NAAs
to
attainment
of
the
1997
ozone
NAAQS,
regardless
of
whether
the
VOM
reductions
obtained
by
the
SIP
revisions
are
actually
necessary
to
achieve
attainment
of
the
NAAQS.
Section
107(d)(3)(E)
of
the
CAA
provides
that
the
Administrator
may
not
redesignate
a
NAA
to
attainment
unless
the
State
has
a
fully-approved
SIP
for
the
area
seeking
redesignation
and
the
State
has
met
all
applicable requirements
of Section
110
and
Part
D (which
includes
the
requirement
that
states
adopt
VOM
RACT
rules
for
categories
covered
by
a
CTG).
42
U.S.C.
§
7407(d)(3)(E).
In
a
September
17,
1993,
guidance
document
from
Michael
H.
Shapiro, Acting
Assistant
Administrator
for
Air
and
Radiation
(“Shapiro
Memorandum”),
the
USEPA
confirmed,
“[B]efore
EPA
can
act
favorably
upon
any
State
redesigriation
request,
the
statutorily-mandated
control
programs
of
section
110
and
part
D
(that
were
due
prior
to the
time
of
the
redesignation
request)
must
have
been
adopted
by
the
State
and
approved
by
EPA
into
the
SIP.”
(Shapiro
Memorandum,
p.
2).
On
July
2, 2007,
the
Illinois
EPA
submitted
to
the
USEPA an
attainment
demonstration
for
the
Metro
East NAA
for
the
1997
8-hour
ozone
NAAQS.
On
March
19,
2009,
the
Illinois EPA
submitted
an
attainment
demonstration
for
the
Chicago
NAA
as
well.
These
areas
cannot
be
redesignated
to
attainment
of
the
ozone
NAAQS,
See
also
Wall
v.
USEPA
In
Wall,
the
United
States
Court
of
Appeals
for
the
Sixth
Circuit
vacated
the
USEPA’s
redesignation
of
a
state
to
attainment,
in
part
because
the
state
failed
to
promulgate
VOC
RACT
rules
in
response
to
CTGs.
The
USEPA
argued
that
fully
adopted
VOC
RACT
rules
were
unnecessary
because
the
state
did
not
need
the
reductions
from
such
rules
to
achieve
attainment.
The
court
rejected
USEPA’s
argument,
holding
that
the
CAA
unambiguously
requires
that
a
SIP
submitted
with
respect
to
a
redesignation
request
contain
fully
adopted
RACT
rules
required
by
Part
D.
Redesignation
absent
such
rules
was
therefore
improper.
Wall
v.
USEPA,
265
F.2d
426,
433,
440-42
(6th
Cu.
2001).
7
however, unless and until the Illinois
EPA submits SIP revisions
in response to the Group
III CTGs and the USEPA
approves
such revisions.
Finally,
in
March
2008, USEPA strengthened the eight-hour
ozone
standard. 73
Fed.
Reg. 16436 (March 27, 2008). It is likely that the same
areas in Illinois that are
currently designated as
nonattainment
for the present standards
will be designated as
nonattainment for the
revised standard.
While
attainment
of the revised standard is not
the purpose
of
this rulemaking, it should be
noted that any reduction
in VOM emissions
in the NAAs resulting from these proposed amendments
will improve ozone air quality
and
will
likely help Illinois
achieve and
maintain the newly revised
NAAQS.
IV.
GEOGRAPHIC REGIONS
AND SOURCES
AFFECTED
The geographic
regions
subject
to the proposed regulations
are the two areas
designated as nonattainment for the 8-hour ozone standard:
1) the Chicago-Gary-Lake
County, IL-IN
designated area, which includes
Cook, DuPage, Grundy (partial-Goose
Lake and Aux
Sable Townships), Kane, Kendall
(partial-Oswego Township),
Lake,
McHenry, and
Will Counties; and 2) the St. Louis,
MO-IL designated area,
which
includes
Jersey, Madison, Monroe, and St. Clair
Counties. 40 CFR
§
81.314.
The proposed regulations are generally expected to affect
both new and existing
sources
that are covered by a Group III CTG, are located
in the Chicago or Metro East
NAAs,
and meet the
applicability
criteria specified in the regulations.
Table 11 in the
Technical
Support Document lists the sources potentially
affected
by
the proposed
regulations.
V.
TECHNICAL FEASIBILITY
AND ECONOMIC
REASONABLENESS
8
The
technology
for
controlling
VOM
emissions
from
Group
III
product
categories
is both
technically
feasible
and
economically
reasonable.
Affected
sources
can
meet
the
requirements
in
the
proposed
amendments
through
a
number
of
readily
available
control
techniques.
Control approaches
for
reducing
VOM
emissions
from
paper,
film,
and
foil
coatings
include
work
practices,
material
reformulation
or
substitution
(namely,
the
use
of
low-VOM
coatings
or
no-VOM
coatings),
and
capture
systems
and
add-on
control
devices
such
as
oxidizers,
carbon
adsorption
systems,
and
condensers.
Similarly,
VOM
control
techniques
for
metal
furniture
coatings
include
work
practices
for
coating
waste
and
cleaning
materials,
and
material
reformulationlsubstitution
via
low—VOM
coatings
such
as
higher
solids
coatings
and
waterborne
coatings.
Metal
furniture
coating
lines
can
also
control
VOM
emissions
by
utilizing
capture
systems
and
add-on
control
devices
such
as
oxidizers,
adsorbents,
and
absorbents,
and
more
efficient
coating
application
equipment,
such
as
electrostatic
or high
volume/low
pressure
spray
equipment.
Control
approaches
for
large
appliance
coatings
are
similar
to
those
available
for
metal
furniture
coatings.
See
Technical
Support
Document.
In
the
Technical Support
Document,
the
Illinois
EPA
explains
in
more
detail
that
the
above
control
approaches
are
both
technically
feasible
and
economically
reasonable.
See
also,
CTGs.
VI.
COMMUNICATION
WITH
INTERESTED
PARTIES
The
Illinois
EPA
engaged
in
outreach
on this
proposal.
On
July
20,
2009,
the
Illinois
EPA
posted
a
draft
of
the
proposed
rule
and
copies
of
the
pertinent
CTGs
on
its
website
for
public
comment.
The
Illinois
EPA
also
contacted
potentially
affected
sources
9
via
email, soliciting feedback
on
the
proposed
nile.
While
the Illinois
EPA did not
receive
any comments
regarding its
proposal, interested
parties
have
nonetheless
had an
opportunity to
review the rule and
discuss any issues with
the Illinois
EPA.
VII. SYNOPSIS
OF TESTIMONY
The
Illinois EPA
plans to call
Yoginder
Mahaj an, Environmental
Protection
Engineer, Air
Quality
Planning Section,
Bureau
of Air, Illinois
EPA, as a witness at
hearing. Mr.
Mahajan will testify and
answer questions
regarding the
proposed
amendments.
Written
testimony will be
submitted prior
to hearing
in
accordance with the
Board’s
procedural rules
and with Board
orders.
VIII. THE ILLINOIS
EPA’S
PROPOSAL
Generally, Illinois
EPA’s
regulatory
proposal
aims
to implement
the
recommendations
contained
in
the
CTGs to the extent that
such
recommendations
are
consistent with
existing
regulations.
For all three coating
categories,
the Illinois
EPA
proposes amending
VOM content limitations,
adding
CTG-recommended
exclusions,
and
adding
work
practice requirements.
For metal furniture
and large appliance
coating
lines,
the Illinois EPA
also proposes
adding
limitations regarding
coating
application
methods.
The
following
is
a Section-bySection
summary
of the Illinois
EPA’s proposal.
35 Ill.
Adm. Code
218/219
Subpart
A: General
Provisions
Section
218/219.106
Compliance
Dates
The Illinois
EPA proposes
adding a new subsection
(e) to Section
218.106
and a
new
subsection
(c) to Section
2
19.106,
which establish
May
1, 2011,
as the compliance
date
for
sources
subject to
the
rulemaking
proposal.
10
Subpart
F:
Coatin2
Operations
Section
218/219.204
Emission
Limitations
The
Illinois
EPA
proposes
amending
the
introductory
paragraph
to
reference
revised
subsections
of Section
218/219.204.
The
Illinois EPA
proposes
amending
subsection
(c)
to restrict
the
VOM
content
of
paper
coatings
to
the
limitations
set
forth
in
the
CTG,
and
to provide
that
such
limitations
shall
not
apply
to
coating
performed
on
or
in-line
with
digital
printing
presses,
or to
size
presses
and
on-machine
coaters
on papermaking
machines
applying
sizing
or
water-based
clays.
The
Illinois EPA
proposes
amending
subsection
(g)
to restrict
the
VOM
content
of metal
furniture
coatings
to
the
limitations
set
forth
in
the
CTG,
and
to
provide
that
such
limitations
shall
not
apply
to
stencil
coatings,
safety-indicating
coatings,
solid-film
lubricants,
electric-insulating
and
thermal-conducting
coatings,
touch-up
and
repair
coatings,
or coating applications
utilizing
hand-held
aerosol
cans.
The
Illinois
EPA
also
proposes
amending subsection
(g)
to
provide
that
coating
lines
shall
comply
with
the
application method requirements
specified
in
the
proposed
rule
revisions.
The
Illinois
EPA
proposes
amending
subsection
(h)
to restrict
the
VOM
content
of large
appliance
coatings
to the
limitations
set
forth
in
the
CTG,
and
to
provide
that
such
limitations
shall
not
apply
to stencil
coatings,
safety-indicating
coatings, solid-film
lubricants, electric-insulating
and
thermal-conducting
coatings,
touch-up
and
repair
coatings,
or
coating
applications
utilizing
hand-held
aerosol
cans.
The
Illinois
EPA
also
proposes
amending
subsection
(h)
to
provide
that
coating
lines
shall
comply
with
the
application
method
requirements
specified
in
the
proposed
rule
revisions.
11
Section
218/219.205
Daily-Weighted
Average
Limitations
The
Illinois
EPA
proposes
amending
the
introductory
paragraph
to
reference
proposed
subsection
(j).
The Illinois
EPA
proposes
amending
subsection
(a) to
provide
that such
subsection
only
applies to
paper coating
lines until
May
1, 2011.
The Illinois
EPA
proposes adding
subsection
(j),
which sets
forth
the
requirements
for
paper
coating
lines
utilizing
the
daily weighted
averaging
alternative
on
and
after May
1,
2011.
Section
218/219.207
Alternative
Emission
Limitations
The
Illinois
EPA proposes
amending
subsection
(a)
to
reference proposed
subsection
(1).
The
Illinois
EPA proposes
amending
subsections
(c),
(j),
and
(k) to provide
that
such
subsections
only
apply to
paper
coating
lines,
metal
furniture coating
lines,
and
large
appliance
coating
lines,
respectively,
until
May 1, 2011.
The Illinois
EPA
proposes, adding
subsection
(1), which
sets
forth the
requirements
for
paper,
metal
furniture,
and
large
appliance
coating
lines utilizing
the
alternative
emissions
limitation
on and
after
May
1, 2011.
Section 218/219.2
10 Compliance
Schedule
The
Illinois
EPA proposes
adding
subsection
(g),
which provides
that, on
and
after
a date
consistent
with
Section
218/219.106,
sources
subject
to the
proposed
paper,
metal
furniture,
or
large
appliance
coating
limitations
shall
comply
with
such
limitations,
as
well
as
with
all other applicable
provisions
in
Subpart
F. The
Illinois EPA
also
proposes
amending
the introductory
paragraph
to reference
proposed
subsection
(g).
12
Section
218/219.211
Recordkeeping
and
Reporting
The
Illinois
EPA
proposes
correcting
two
spacing
errors
in subsection
(b)(1)
of
Section
218.211.
The
Illinois
EPA
proposes
amending
subsection
(c)
to
provide
that,
for
paper
coating
lines
subject
to
the
proposed VOM
content
limitations,
VOM
content
information
shall
be
maintained
and/or
reported
in
terms
of
weight
of
VOM
per
weight
of
solids
or
coatings,
as
applicable,
as
applied
each
day
on each
coating
line.
The
Illinois
EPA
also
proposes
amending
subsection
(c)
to
provide
that
metal
furniture
and
large
appliance
coating
lines
subject
to
the
proposed
VOM
content
limitations
maintain
and/or
report
VOM
content
information
in
terms
of
weight
of
VOM
per
volume
of
each
coating
or
solids,
as
applicable,
as
applied
each
day
on
each
coating
line,
and
report
theapplication
method(s)
used
to
apply
coatings
on
each
subject
coating
line.
Paper,
metal
furniture,
and
large
appliance
coating
lines
shall
also
maintain
and
report
certified
product
data
sheets
for
each
coating applied
on
each
line.
The
Illinois
EPA
proposes
amending
subsection
(d)
to
provide
that,
for
paper
coating
lines
utilizing
the
daily
weighted
averaging
alternative,
VOM
content
information
shall
be
maintained
and/or reported
in
terms
of weight
of
VOM
per
weight
of solids
or
coatings,
as
applicable,
as
applied
each
day
on
each
coating
line.
The
Illinois
EPA
also
proposes
amending subsection
(d)
to provide
that
metal
furniture
and
large
appliance
coating
lines
utilizing the
daily weighted
averaging
alternative
maintain
and/or
report
VOM
content information
in
terms
of
weight
of VOM
per
volume
of
each
coating
or
solids,
as
applicable,
as
applied
each
day
on
each
coating
line.
The
Illinois
EPA
proposes
amending
subsection
(e)
to
provide
that
coating
lines
1—,
1.)
complying
pursuant to Section
2
18/219.207(1)
shall comply with
the recordkeeping
and
reporting
requirements set
forth in subsection
(e).
The Illinois
EPA
proposes
adding subsection
(g),
which
establishes
recordkeeping
and reporting
requirements for
paper,
metal
furniture, and large appliance
coating
lines
subject to
the work practice requirements
set
forth in Section 218/219.218.
Section
218/219.212
Cross-Line Averaging
to Establish
Compliance
for Coating
Lines
The Illinois
EPA proposes
amending this Section
to provide
that the cross—line
averaging
alternative
is not available to
coating lines
subject to the revised
VOM content
limitations.
•Section 218/219.218
Work Practice
Standards
for Paper Coatings,
Metal Furniture
Coatings,
and Large Appliance
Coatings
The Illinois
EPA
proposes adding
Section 218/219.218,
which
sets forth work
practice
requirements
for cleaning materials
and/or cleaning-related
activities associated
with paper,
metal
furniture,
and large
appliance
coating
lines. Generally,
Illinois
EPA
proposes
that
subject
coating
lines
store
all VOM-containing
materials
in closed
containers,
ensure
that mixing and
storage containers
used
for VOM-containing
materials
are
kept closed at
all times except when
in use,
minimize
spills
of
VOM-containing
materials, convey
such materials from one
location
to
another
in
closed
containers or
pipes,
and minimize
VOM emissions
from
the
cleaning
of storage,
mixing, and
conveying
equipment.
14
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
By:
Dana Vet
ffer’
Assistant Counsel
Division
of Legal
Counsel
DATED:
October
15, 2009
1021
N. Grand Ave.
East
P.O. Box 19276
Springfield,
IL 62794-9276
(217) 782-5544
15