BEFORE THE
ILLINOIS POLLUTION
CONTROL BOARD
IN THE MATTER OF:
REASONABLY
A V AILABLE CONTROL
TECHNOLOGY (RACT) FOR VOLATILE
ORGANIC MATERIAL
EMISSIONS FROM
GROUP
II CONSUMER
&
COMMERCIAL
PRODUCTS: PROPOSED AMENDMENTS
TO 35 ILL. ADM. CODE 211, 218, and 219
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RIO-8
(Rulemaking-Air)
NOTICE
To:
John Therriault, Assistant Clerk
lIlinois
Pollution Control Board
James R. Thompson Center
100 West Randolph, Suite 11-500
Chicago, Illinois 60601-3218
SEE ATTACHED SERVICE LIST
PLEASE TAKE NOTICE that I have today filed with the Office of the Pollution Control
Board the
SECOND MOTION TO AMEND RULEMAKING PROPOSAL of the Illinois
Environmental Protection Agency, a copy
of which is herewith served upon you.
DATED: December 7,
2009
1021 N. Grand Ave. East
P.O. Box 19276
Springfield, IL 62794-9276
(217) 782-5544
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
BY:~~'1
Dana Vetterhoffer
Assistant Counsel
Division
of Legal Counsel
Electronic Filing - Received, Clerk's Office, December 7, 2009
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
REASONABLY
A V AILABLE CONTROL
TECHNOLOGY
(RACT) FOR VOLATILE
ORGANIC
MATERIAL EMISSIONS FROM
GROUP
II CONSUMER
&
COMMERCIAL
PRODUCTS: PROPOSED
AMENDMENTS
TO 35 ILL. ADM. CODE 211, 21S, and 219
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RIO-S
(Rulemaking-Air)
SECOND MOTION TO AMEND RULEMAKING PROPOSAL
The Proponent, the Illinois Environmental Protection Agency ("I11inois EPA"), by its
attorney, and pursuant to
35 Ill. Adm. Code I 01.500 and I 02.402, moves that the l1linois
Pollution Control Board
("Board") amend Parts 21S and 219 of this rulemaking proposal. In
support of its Motion, the l1linois EPA states as follows:
I.
On July 9,2009, the l1iinois EPA filed a proposal with the Board to amend 35 III. Adm.
Code Parts 211,
21S, and 219 to control the emissions of volatile organic materials ("V OM")
from Group II Consumer and Commercial Product categories. The proposal implements
reasonably available control technology for such categories
in
response to control techniques
guidelines issued by the United
States Environmental Protection Agency.
2.
On September 14, 2009, the lllinois EP A filed a Motion to Amend Rulemaking Proposal,
which the Board granted on
October 15, 2009. The Illinois EPA proposes an additional
amendment to its proposal,
as follows.
3.
In response to a recent request for clarification from an industry representative, the
Illinois EPA recommends amending
Section 2IS/219.1S7(b)(l) to specify that the YOM content
limitations set forth
in such Section apply to as-used cleaning solutions, excluding water and
I
Electronic Filing - Received, Clerk's Office, December 7, 2009
other compounds exempted from the definition ofVOM. This proposed amendment is
consistent with the JIIinois EPA's original intent and with existing
YOM regulations.
Section 218/219.187(b)(J):
b)
Material and Control Requirements. No owner or operator of a source
subject to this
Section shall perform any cleaning operation subject to this
Section unless the owner
or operator meets the requirements in subsection
(b)(1),
(b )(2), or (b )(3):
1)
The YOM content of the as-used cleaning solutions (minus water
and any compounds which are specifically exempted from the
definition
ofVOM) does not exceed the following emissions
limitations:
WHEREFORE, for the reasons set forth above, the Illinois EPA moves that the Board
amend Parts 218 and 219
as set forth herein.
DATED: December
7, 2009
1021 N. Grand Ave. East
P.O. Box 19276
Springfield, IL 62794-9276
(217) 782-5544
Respectfully submitted,
ILLlNOIS ENVIRONMENTAL
PROTECTION AGENCY
BY:~IeiIvk~
Dana Vetterhoffer
Assistant Counsel
Division
of Legal Counsel
2
Electronic Filing - Received, Clerk's Office, December 7, 2009
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
REASONABLY
AVAILABLE CONTROL
TECHNOLOGY
(RACT) FOR VOLA TILE
ORGANIC MATERIAL EMISSIONS FROM
GROUP
II CONSUMER
&
COMMERCIAL
PRODUCTS: PROPOSED AMENDMENTS
TO 351L1. ADM. CODE 211, 218, and 219
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)
Rl0-S
(Rulemaking-Air)
CERTIFICATE
OF SERVICE
I, the undersigned, an attorney, state that I have served electronically the attached
SECOND MOTION TO AMEND RULEMAKlNG PROPOSAL 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 electronically to the following persons:
SEE
ATTACHED SERVICE LIST.
DATED: December 7, 2009
1021 N. Grand Ave. East
P.O. Box 19276
Springfield, IL 62794-9276
(217) 782-5544
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
By:
Q\q
Dana
,--o-Iw'{/¥
Vetterhohr
Assistant Counsel
Division
of Legal Counsel
Electronic Filing - Received, Clerk's Office, December 7, 2009
Timothy 1. Fox
Hearing
Officer
Illinois Pollution Control Board
100 W. Randolph St., Suite 11-500
Chicago,
IL 6060 I
foxt@ipcb.state.il.us
Virginia Yang
Deputy Legal Counsel
Service List RIO-8
Illinois Department of Natural Resources
One Natural Resources Way
Springfield,
IL
62702-1271
virginia.yang@il1inois.gov
Matthew Dunn, Chief
Division of Environmental Enforcement
Office of the Attorney General
69
W. Washington St., Suite 1800
Chicago,
IL 60602
mdunn@atg.state.il.us
Katherine D. Hodge
Monica T. Rios
Hodge
Dwyer
&
Driver
3150 Roland Ave.
P.O. Box 5776
Springfield,
IL 62705-5776
khodge@hddattomeys.com
mrios@hddattomeys.com
Alec M. Davis
General Counsel
Illinois Environmental Regulatory Group
215 E. Adams
St.
Springfield, IL 62701
adavis@ierg.org
Electronic Filing - Received, Clerk's Office, December 7, 2009