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

PROTECTION AGENCY

By: 

Assistant Counsel

Charles E. Matoesian

	

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 35 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 reactivitybased 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.

2
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 is

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

3
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 1% 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

4
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.

6
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 ozonedepleting 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:

1) Listed in Section 223.210(a); and

2) 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

c)	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.

3. 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.

29)	Nuclear Coating	 450	(3.8)

29)	Nuclear Coating	 550 (4.6)

4. 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

2
Electronic Filing - Received, Clerk's Office, April 16, 2008

STATE OF ILLINOIS

SS

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

PROTECTION AGENCY

By: 

Assistant Counsel

Charles E. Matoesian

	

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
 1 BEFORE THE ILLINOIS POLLUTION CONTROL BOARD 

 2 

 3 IN THE MATTER OF: ) 

 ) 

 4 PROPOSED NEW 35 ILL. ADM. ) R08-17 

 CODE PART 223 STANDARDS ) (Rulemaking - Air) 

 5 AND LIMITATIONS FOR ) 

 ORGANIC MATERIAL EMISSIONS ) 

 6 FOR AREA SOURCES ) 

 7 

 8 Proceedings held on April 30, 2008, at 9:06 a.m., at the 

 Illinois Pollution Control Board, 1021 North Grand Avenue 

 9 East, Springfield, Illinois, before Timothy J. Fox, 

 Hearing Officer. 

 10 

 11 

 12 

 13 

 Reported By: Karen Waugh, CSR, RPR 

 14 CSR License No: 084-003688 

 15 KEEFE REPORTING COMPANY 

 11 North 44th Street 

 16 Belleville, IL 62226 

 (618) 277-0190 

 17 

 18 

 19 

 20 

 21 

 22 

 23 

 24 

 Keefe Reporting Company 
 1 APPEARANCES 

 2 

 3 Board Members present: 

 4 Chairman G. Tanner Girard 

 Board Member Thomas E. Johnson 

 5 Board Member Nicholas J. Melas 

 Board Member Andrea S. Moore 

 6 

 7 

 Board Staff Members present: 

 8 

 Anand S. Rao, Senior Environmental Scientist 

 9 

 10 

 11 ILLINOIS ENVIRONMENTAL PROTECTION AGENCY 

 BY: Mr. Charles E. Matoesian 

 12 Assistant Counsel 

 Division of Legal Counsel 

 13 1021 North Grand Avenue East 

 Springfield, Illinois 62794-9276 

 14 On behalf of the Illinois EPA 

 15 

 16 HODGE DWYER ZEMAN 

 BY: Ms. Lauren C. Lurkins 

 17 3150 Roland Avenue, PO Box 5776 

 Springfield, Illinois 62705-5776 

 18 On behalf of Illinois Environmental 

 Regulatory Group and Willert Home 

 19 Products 

 20 

 21 NATIONAL PAINT & COATINGS ASSOCIATION, INC. 

 BY: Ms. Heidi K. McAuliffe 

 22 1500 Rhode Island Avenue, NW 

 Washington DC 20005 

 23 On behalf of National Paint & Coatings 

 Association, Inc. 

 24 

 Keefe Reporting Company 2 
 1 INDEX 

 2 WITNESS PAGE NUMBER 

 3 Rory Davis 9 

 Joseph T. Yost 42 

 4 Heidi McAuliffe 47 

 5 

 6 

 7 

 8 

 9 

 10 

 11 

 12 

 13 

 14 

 15 

 16 

 17 

 18 

 19 

 20 

 21 

 22 

 23 

 24 

 Keefe Reporting Company 3 
 1 EXHIBITS 

 2 NUMBER MARKED FOR I.D. ENTERED 

 3 Hearing Exhibit No. 1 41 42 

 Hearing Exhibit No. 2 41 42 

 4 

 5 

 6 

 7 

 8 

 9 

 10 

 11 

 12 

 13 

 14 

 15 

 16 

 17 

 18 

 19 

 20 

 21 

 22 

 23 

 24 

 Keefe Reporting Company 4 
 1 PROCEEDINGS 

 2 (April 30, 2008; 9:06 a.m.) 

 3 HEARING OFFICER FOX: Good morning, 

 4 everyone, and welcome to this Illinois Pollution Control 

 5 Board hearing. My name is Tim Fox and I am the hearing 

 6 officer for this rulemaking proceeding, which is entitled 

 7 "Proposed New 35 Illinois Administrative Code Part 223 

 8 Standards and Limitations for Organic Material Emissions 

 9 for Area Sources." The Board's docket number for this 

 10 rulemaking is R08-17. The Illinois Environmental 

 11 Protection Agency filed this rulemaking proposal on 

 12 January 2 of this year, 2008, and the Board accepted it 

 13 for hearing in an order dated January 24 of 2008. 

 14 I want to introduce all those who are present 

 15 here from the Board today. At my immediate right is 

 16 Board Member Andrea Moore, who is the lead board member 

 17 for this rulemaking, and two persons to my left is the 

 18 Board's acting chairman, Dr. G. Tanner Girard. Also 

 19 present at the far -- my far left is Board Member 

 20 Nicholas J. Melas and, to my far right, Board Member 

 21 Thomas E. Johnson. Also present, of course, at my 

 22 immediate left is Anand Rao of the Board's technical 

 23 staff, and I would also want to point out in the aqua 

 24 jacket toward the back of the room Marie Tipsord, who is 

 Keefe Reporting Company 5 
 1 Acting Chairman Girard's attorney assistant and doubtless 

 2 known to virtually everyone in the room. I wanted to 

 3 introduce Member Moore, if she wanted to make any brief 

 4 comments at the commencement of the hearing. 

 5 BOARD MEMBER MOORE: Only to welcome 

 6 everyone here this morning in an effort to try and 

 7 establish a really good and thorough record to make a 

 8 good, solid decision. 

 9 HEARING OFFICER FOX: Very good. Today, of 

 10 course, is the first rulemaking -- first hearing in this 

 11 rulemaking. The second is now scheduled to take place 

 12 beginning on Wednesday, June 4, in Chicago. The 

 13 proceeding is governed, of course, by the Board's 

 14 procedural rules. All information that is relevant and 

 15 that is not repetitious or privileged will be admitted 

 16 into the record. Please note that any questions that are 

 17 posed today either by the board members or by the Board's 

 18 staff are intended solely to assist in developing a clear 

 19 and complete record for decision and would not reflect 

 20 any prejudgment or predetermination on the proposal 

 21 itself. 

 22 For this first hearing, the Board on April 16, 

 23 2008, received prefiled testimony from the Illinois 

 24 Environmental Protection Agency by Mr. Rory Davis. On 

 Keefe Reporting Company 6 
 1 the same date the Board also received prefiled testimony 

 2 from the National Paint & Coatings Association by 

 3 Ms. Heidi K. McAuliffe, and on April 14 of 2008 the Board 

 4 received prefiled testimony from the Consumer Specialty 

 5 Products Association by Mr. Joseph Yost. 

 6 We will begin the hearing with prefiled 

 7 testimony. Having discussed the procedural issues with 

 8 the participants before hearing, we will begin with the 

 9 Agency, which is the proponent, of course, of this 

 10 rulemaking, and any summary that they might like to offer 

 11 will of course be followed by questions that those who 

 12 are present here today may have for them on the basis of 

 13 that prefiled testimony. We would then turn to Mr. Yost, 

 14 who again is appearing on behalf of the Consumer 

 15 Specialty Products Association, and then would turn to 

 16 Ms. McAuliffe. Mr. Biel was kind enough to let me know 

 17 as a procedural matter that Ms. McAuliffe was delayed in 

 18 her flight arriving in Springfield but suggested that she 

 19 was likely to be here within approximately an hour or 

 20 two, as I recall, based on her change of travel plans. 

 21 The court reporter of course would clearly 

 22 appreciate having everyone speak clearly and loudly and 

 23 avoid speaking at the same time as another person so that 

 24 she can have the simplest possible job in making a clear 

 Keefe Reporting Company 7 
 1 transcript, but you're likely veterans of these things 

 2 and you knew that anyway. 

 3 Are there any questions at all about our 

 4 procedures as we get started? Very well. Mr. Matoesian 

 5 on behalf of the Agency, why don't we begin with 

 6 Mr. Davis. His prefiled testimony is of course admitted 

 7 as if read. 

 8 MR. MATOESIAN: Yes. 

 9 HEARING OFFICER FOX: Would he prefer to 

 10 start with a brief summary of any kind or go right to 

 11 questions? 

 12 MR. MATOESIAN: I think we're ready to go to 

 13 questions. 

 14 HEARING OFFICER FOX: Excellent. Why don't 

 15 we have the court reporter swear him in, of course, first 

 16 of all. Would you anticipate any other agency persons 

 17 fielding questions that we might need to swear in or 

 18 should we take care of that if it happens? 

 19 MR. MATOESIAN: If it happens, we can take 

 20 care of it. 

 21 HEARING OFFICER FOX: Very good. 

 22 (Whereupon the witness was sworn in by the 

 23 reporter.) 

 24 HEARING OFFICER FOX: And having been sworn 

 Keefe Reporting Company 8 
 1 in, Mr. Davis, you're ready for questions. Are any of 

 2 the participants here -- do any of them have any 

 3 questions they would like to pose to Mr. Davis at this 

 4 time? 

 5 MS. LURKINS: I do. 

 6 HEARING OFFICER FOX: And please state your 

 7 name and any organization you might represent for the 

 8 record. 

 9 MS. LURKINS: My name is Lauren Lurkins and 

 10 I'm from Hodge Dwyer Zeman. I'm here on behalf of 

 11 Illinois Environmental Regulatory Group and on Willert -- 

 12 and for Willert Home Products. 

 13 My first question is, I -- for Mr. Davis, I 

 14 can -- I see in your prefiled testimony but I'd like to 

 15 clarify, is it the intent of the Agency to follow the OTC 

 16 rule? 

 17 MR. DAVIS: Yes. 

 18 MS. LURKINS: And turning to the technical 

 19 support document that was used as the basis for the 

 20 proposal, the Table 2.7.1, the "Estimated VOM Emission 

 21 Reductions for Consumer Products," how were the emissions 

 22 in the table determined? 

 23 MR. DAVIS: Those were taken from I believe 

 24 a California assessment, and they were actually then 

 Keefe Reporting Company 9 
 1 redone for New Jersey and we adjusted those for the 

 2 emission factors in Illinois. 

 3 MS. LURKINS: And I also noticed that when 

 4 reviewing the table there were a number of categories 

 5 that were included in the proposed rule but left off of 

 6 the support document. Could you tell me -- You know, for 

 7 example, number 8 in the rule, antiperspirants, is not 

 8 included in the emissions table. Number 58, toilet and 

 9 urinal care products, is also included in the rule but 

 10 not in the emissions table. Could you tell me why those 

 11 were left off? 

 12 MR. DAVIS: We actually didn't do our own 

 13 emission assessments for each product category. I 

 14 believe that when these were done, those products may not 

 15 have been in the list for the California Midterm Measures 

 16 II regulation, which is what the OTC model rule was based 

 17 off of, and then I think that was -- those were later 

 18 added and they -- I don't know that they ever did a -- an 

 19 emissions assessment for those specific products. Our 

 20 emission reduction estimates were taken from the MACTEC 

 21 white papers that were done for LADCO, and that included 

 22 the entire category, the consumer products, and didn't 

 23 break them down as -- in as much detail as the California 

 24 study. 

 Keefe Reporting Company 10 
 1 MS. LURKINS: And how were the costs 

 2 determined? 

 3 MR. DAVIS: Those were also determined by 

 4 the -- from the California Midterm Measures II, and I had 

 5 stated in the -- in my testimony and the TSD, those were 

 6 probably overestimates, because most of the large 

 7 manufacturers of these products are marketing in 

 8 California and they'll not have to do as much 

 9 reformulation or R&D to formulate compliant products. 

 10 MR. RAO: Are they also marketing in OTC 

 11 states? 

 12 MR. DAVIS: Yeah, yeah, that -- also in the 

 13 OTC states they're -- you know, those rules go into 

 14 effect in 2009 also, so we would expect, you know, most 

 15 of the major manufacturers would have, you know, east 

 16 coast and California. 

 17 MS. LURKINS: My final question, I know that 

 18 USEPA is also coming out with a rule hopefully in May. 

 19 If they come out with something different from your 

 20 proposal, will you adjust your proposal to reflect that 

 21 information? 

 22 MR. DAVIS: Yeah. It was always -- well, we 

 23 would have to consider that, but it was always our 

 24 attempt to make our rules as consistent with the OTC 

 Keefe Reporting Company 11 
 1 model rules, and I believe that's USEPA's intent also, to 

 2 make theirs as consistent with the state rules that are 

 3 out there already, so any changes I would assume we would 

 4 have to address. 

 5 MS. LURKINS: Thank you. Those are all my 

 6 questions. 

 7 HEARING OFFICER FOX: Thanks very much. 

 8 Mr. Yost? 

 9 MR. YOST: Yes, thank you, Mr. Fox. 

 10 Mr. Davis, two very quick questions. First of 

 11 all, if I may just preface my remarks by saying that your 

 12 agency did a commendable job of making this a very open 

 13 and transparent rulemaking process. You certainly 

 14 reached out to all the stakeholders and gave everybody an 

 15 opportunity to make suggestions, and we greatly 

 16 appreciate the extent to which the Agency really made 

 17 this very accessible and open to all potentially 

 18 interested stakeholders. 

 19 Secondly, also I'd like to say that I think as a 

 20 consequence, your proposed rule is pretty much dead-on 

 21 consistent with the OTC model rule, and the OTC model 

 22 rule provides a good framework. It's been used by 12 

 23 states and now Illinois, and I think it's a -- it would 

 24 provide significant benefits to this state, as it has 

 Keefe Reporting Company 12 
 1 provided to other states. 

 2 Now to the question, two questions. The OTC 

 3 model rule provides a 90-day time period for responding 

 4 to requests for information, and not only is that in the 

 5 OTC model rule, but it's in the rules -- the regulations 

 6 that were promulgated by 11 other states and the District 

 7 of Columbia. The 30 days that the Department is 

 8 proposing, I understand 30 days may be consistent with 

 9 other regulatory frameworks that you have for other 

 10 potentially air regulations or other type of regulations, 

 11 but the 90 days is -- again, it's a standard. It's the 

 12 standard that's uniformly applied in these states, and 

 13 given the fact that many of these companies, as we 

 14 mentioned, are -- it was mentioned sell on a nationwide 

 15 basis, a number of these companies are multinational 

 16 companies, and to comply with a request for 

 17 information -- first of all, we support the right of the 

 18 Agency to ask for this information. It's critical for 

 19 enforcement purposes and we certainly support that. All 

 20 we're asking for is a more reasonable amount of time to 

 21 comply with an administrative requirement of producing 

 22 information, and we -- 

 23 HEARING OFFICER FOX: Mr. Yost, I wonder if 

 24 we could interrupt just for a moment. 

 Keefe Reporting Company 13 
 1 MR. YOST: Yes, sir. 

 2 HEARING OFFICER FOX: Since you've 

 3 approached offering testimony, if we could have the court 

 4 reporter swear you in, that'll take just a moment, and 

 5 then we can have you resume immediately. 

 6 MR. YOST: Thank you. I apologize. 

 7 (Whereupon the witness was sworn in by the 

 8 reporter.) 

 9 HEARING OFFICER FOX: I'm sorry for the 

 10 interruption. 

 11 MR. YOST: No, no, and certainly, Mr. Fox, I 

 12 apologize. I didn't mean to sort of cross that line of 

 13 testimony. 

 14 But would your agency consider amending the 

 15 proposed rule so that it in this case would be consistent 

 16 with the model rule and the rule regulations -- final 

 17 regulations in 11 other states with the 90-day time 

 18 period? 

 19 MR. DAVIS: Yeah, that's certainly something 

 20 we'd consider. Like you said, that was from our 

 21 compliance section. They thought that 90 days was a 

 22 little long. As far as I'm concerned, if it, you know, 

 23 keeps it consistent with the OTC model and, you know, any 

 24 other forthcoming rules, then I would be amenable to 

 Keefe Reporting Company 14 
 1 that. It didn't end up in the errata. You know, we were 

 2 still having conversations about that within the Agency, 

 3 but I would certainly say that that's something we can 

 4 consider, you know, if that's going to be a major problem 

 5 for larger companies. One reason we didn't go right away 

 6 and -- or to a 90-day is that we don't really ask for any 

 7 reporting -- 

 8 MR. YOST: Sure. 

 9 MR. DAVIS: -- and all of our reporting is 

 10 upon request. 

 11 MR. YOST: Okay. 

 12 MR. DAVIS: So the difference would be that 

 13 the 90 days that some states ask for, they're requiring 

 14 reporting, and we didn't anticipate, you know, actually 

 15 receiving reports. 

 16 MR. YOST: Okay. Absolutely, and -- but I 

 17 think also, Mr. Davis, with these -- the type of 

 18 information, product formulation, etc., that is 

 19 contemplated in Section -- section number here -- 

 20 223.270, that's somewhat -- those are the same type of 

 21 reporting requirements, for instance, that California has 

 22 and that other states with the OTC have. 

 23 MR. DAVIS: Right. 

 24 MR. YOST: And thus, again, we just urge the 

 Keefe Reporting Company 15 
 1 Agency to consider that, because again, on other major 

 2 points, the proposed rule is entirely consistent with the 

 3 OTC model. And thank you for entertaining that 

 4 consideration. The second point -- and this is really a 

 5 procedural matter -- 

 6 MR. RAO: Mr. Yost, before you go to the 

 7 second -- 

 8 MR. YOST: Yes, sir. 

 9 MR. RAO: -- I had a follow-up relating to 

 10 this 30-, 90-day issue. 

 11 MR. YOST: Yes, sir. 

 12 MR. RAO: I noticed that in addition to the 

 13 Section 223.270 -- 

 14 MR. YOST: Yes. 

 15 MR. RAO: -- there's another section, 

 16 233.275, which deals with consumer products that contain 

 17 perchloroethylene and methylene chloride. 

 18 MR. YOST: Yes, sir. 

 19 MR. RAO: That section also specifies a time 

 20 period for, you know, responding to agency requests for 

 21 information, and it's -- I think the proposed time period 

 22 is 30 days. 

 23 MR. YOST: Yes, sir, that's correct. 

 24 MR. RAO: You're okay with that 30 days or 

 Keefe Reporting Company 16 
 1 is the Agency also looking at -- to see if that needs to 

 2 be changed to 90 days? 

 3 MR. DAVIS: I would say if we were to change 

 4 one, we'd probably change them all. 

 5 MR. YOST: But -- And actually, Mr. Rao, if 

 6 I -- this reporting requirement would be for products 

 7 that contain these three chlorinated compounds. Several 

 8 other states have this. Not all the OTC states have 

 9 this, but most do. It's sort of the majority of the 

 10 states who have that. The companies would -- Actually, 

 11 in some states it's mandatory that they have to file 

 12 this, and I believe it's March 1 in several of these 

 13 states, so with this type of information, the companies 

 14 would have it readily accessible. Our concern really 

 15 goes to -- and so therefore we really don't object -- 

 16 although for consistency it would be nice to have 90 

 17 days, but we don't object to 30 days there because, 

 18 again, the companies at least for other states have 

 19 already developed that information, but with the 

 20 reporting requirements in 223.270, that's much broader -- 

 21 potentially broader in nature and companies may not have 

 22 already developed that for -- in response to requirements 

 23 in other states. But thank you. You raised a very good 

 24 point. 

 Keefe Reporting Company 17 
 1 MR. RAO: Yeah. 

 2 MR. YOST: And the two time frames are 

 3 important, but this is the more -- at least from our 

 4 perspective the more important of the two we would 

 5 suggest the Agency consider making revisions to. 

 6 MR. RAO: Okay. Yeah. I just wanted to 

 7 make sure that you were aware of that section. 

 8 MR. YOST: Yes, sir. 

 9 MR. RAO: Thirty days. Thank you. 

 10 MR. YOST: Thank you, Mr. Rao. Appreciate 

 11 it. 

 12 And then one other issue, Mr. Davis, the date -- 

 13 the requirement for companies to file information about 

 14 their date codes, and again, this date codes, 

 15 companies -- and this is an essential provision of this 

 16 rule and essential provision of other states' consumers 

 17 products rule. The companies must have a date of 

 18 manufacture on their products. We certainly support 

 19 that. It's necessary. It's the way agencies can ensure 

 20 compliance, and we support the Agency's draft proposal to 

 21 follow California in providing for either a date of 

 22 manufacture, like let's say today, 4-30 of '08, or a 

 23 Julian date code in a specified format, and this is 

 24 consistent with California and consistent with the OTC 

 Keefe Reporting Company 18 
 1 model, and also to provide some companies the flexibility 

 2 to have individual date codes. Date codes are used not 

 3 just only to convey information about dates, but many 

 4 companies use them for control purposes. They can tell 

 5 the batch the product was made, the plant, etc., and so 

 6 it has a wealth of information, and some companies like 

 7 to have unique date codes, and as the Agency has 

 8 proposed, those companies have to file an explanation, 

 9 which we fully support. 

 10 The problem is that when the OTC model was 

 11 drafted, it was drafted with the anticipation that the 

 12 rule be promulgated well before a year's time. The way 

 13 this rule is currently drafted, the companies would have 

 14 to provide information to the Agency no later than 12 

 15 months before the effective date of the standards in this 

 16 rule, which would be essentially 1-1-08. Well, this -- 

 17 as you can tell, this is not even a final rule yet, so it 

 18 would have been impossible for companies to comply with 

 19 this. What we're asking is a very modest technical 

 20 amendment that would allow companies to provide 

 21 information six months after the date that this rule 

 22 becomes promulgated as a final rule, and as a precedent 

 23 for that -- although it's not binding precedent but it's 

 24 merely a persuasive precedent -- Michigan for instance, 

 Keefe Reporting Company 19 
 1 Michigan came out with a rule -- it took them a while to 

 2 get the -- their first go-around -- back in 2006, I 

 3 believe, 2005, 2006. The years blend together. But they 

 4 did not promulgate the final rule until January, and 

 5 technically the company should have -- January 27. 

 6 Technically the company should have filed their date code 

 7 information on January 1. Michigan gave them until 

 8 July 1 to file information. 

 9 And so since we don't know exactly when this rule 

 10 will be promulgated as final, I would suggest that 

 11 instead of putting date certain, words to the effect 

 12 that -- again, it's provided in the testimony, but six 

 13 months after the date of promulgations of final rule, 

 14 that would give companies ample time to comply with this 

 15 and to give the Agency the information that's necessary 

 16 but also will ensure that companies don't unintentionally 

 17 violate an administrative provision of this rule. 

 18 MR. DAVIS: The Section 223.250, I believe 

 19 in our errata we tried to get most of the reporting on an 

 20 upon-request basis, and I believe we just missed putting 

 21 that on the product data. 

 22 MR. YOST: Okay. 

 23 MR. DAVIS: So actually, we wouldn't be 

 24 requesting or requiring -- if a company doesn't use a 

 Keefe Reporting Company 20 
 1 Julian date code, we wouldn't really -- we'd like to not 

 2 require that they send us a report on their date coding 

 3 system and that the -- we would probably like to require 

 4 them to submit that explanation upon request, and that -- 

 5 you know, if that -- we were to go 90 days, then that 

 6 would probably be a 90-day switch also, you know, but I 

 7 think that just didn't get into the errata. And we have 

 8 been receiving date codes, quite a few, and we never 

 9 really intended on receiving all of them, and the way the 

 10 OTC rule is written, people were, you know, submitting 

 11 them before we even had a final rule, and then we were 

 12 going to put that in the errata that those reports should 

 13 be submitted upon request. 

 14 MR. YOST: Mr. Davis, that's all the 

 15 questions I have. Thank you very much, sir. 

 16 MR. RAO: Just a follow-up. How will the 

 17 Agency know when to request that information? How will 

 18 you know these regulated entities are using unique date 

 19 codes if they don't let you know? 

 20 MR. DAVIS: As far as enforcement goes, the 

 21 date code is the enforcement mechanism. You know, they 

 22 have to be date coded. If they have a date code on them 

 23 that it's -- you know, it's obviously other than a Julian 

 24 date, then we'll request them. The enforcement we 

 Keefe Reporting Company 21 
 1 foresee being, you know, spot checks and, you know, of 

 2 course if there are any complaints, but then, you know, 

 3 if they -- if that were the case, if it were not a Julian 

 4 date code, then, you know, we'd request that. Also we 

 5 had considered that, you know, a lot of other states are 

 6 receiving these codes too, so we may be able to get in 

 7 touch with them. 

 8 BOARD MEMBER JOHNSON: So are you going to 

 9 be in charge of the roving teams of agency people going 

 10 to Schnucks to check the -- 

 11 MR. DAVIS: No, I will not be doing that. 

 12 HEARING OFFICER FOX: But just to -- and I'm 

 13 sorry to interrupt you, Mr. Rao. 

 14 MR. RAO: Yeah. 

 15 HEARING OFFICER FOX: It sounded as if you 

 16 had considered -- and I don't mean to commit you to 

 17 this -- a second errata sheet that would address that 

 18 issue among any others that might arise? 

 19 MR. DAVIS: Sure, yeah. 

 20 HEARING OFFICER FOX: Very good. Were there 

 21 any other questions for Mr. Davis? Mr. Biel, if you'd 

 22 identify yourself, please, for the -- 

 23 MR. BIEL: Yeah. Mark Biel, executive 

 24 director of the Chemical Industry Council of Illinois. I 

 Keefe Reporting Company 22 
 1 also have the pleasure of representing National Paint & 

 2 Coatings Association of Illinois. As part of some 

 3 comments that were filed by National Paint & Coatings 

 4 regarding the AIM rule, there was a concern regarding 

 5 labeling requirements -- 

 6 MR. DAVIS: Right. 

 7 MR. BIEL: -- and I -- the proposed rule 

 8 stipulates VOM content of the coating be displayed on the 

 9 can, and what National Paint & Coatings had requested was 

 10 the possibility that for Section 223.320, Section (c), 

 11 clarifying that either VOM content or VOC content may be 

 12 displayed on the can, and for consistency purposes, I 

 13 think that was something they would like to see and 

 14 eliminate some confusion. 

 15 MR. DAVIS: Right. We did consider that. 

 16 We'll have to take a second look at that. That could be 

 17 included. We did in our definition try to clear that up, 

 18 that VOM content is VOC content. I suppose it could read 

 19 clearer in the rule. It wasn't our intent that products 

 20 sold in Illinois would have to be labeled with a VOM 

 21 rather than VOC. Obviously, if they have a VOC content, 

 22 that would -- you know, it was our intent from the 

 23 definition of VOM and VOC in the definition section that, 

 24 you know, if you have a VOC content on your label, then 

 Keefe Reporting Company 23 
 1 obviously that would be fine for a VOM. We can consider, 

 2 you know, in Section (c) here VOM or VOC content maybe 

 3 with some quotation marks. I don't know exactly how we'd 

 4 write that. But it really wasn't our intent to have 

 5 separate labeling for Illinois and other states. 

 6 MR. BIEL: Okay. Mr. Fox, that was the only 

 7 question I had. I did talk to Heidi. She was at the 

 8 airport as of -- Springfield airport as of ten minutes 

 9 ago. You know how abundant the cabs are out there, so 

 10 she was hopeful that she would be here relatively 

 11 quickly, and that was ten minutes ago, so -- 

 12 HEARING OFFICER FOX: Very good. I 

 13 appreciate the update. Certainly we can continue in the 

 14 meantime with any additional questions. Ms. Lurkins? 

 15 Mr. Yost? 

 16 MR. YOST: Those are all the questions I 

 17 have, Mr. Fox. 

 18 HEARING OFFICER FOX: We can certainly 

 19 return to you. I suspect that there are board members 

 20 and staff that have some questions for you, Mr. Davis. 

 21 Mr. Rao, please go ahead. 

 22 MR. RAO: Mr. Davis, on page 3 of your 

 23 testimony, you state at the time the proposed regulation 

 24 was submitted to the Board, it was considered unlikely 

 Keefe Reporting Company 24 
 1 that national rules for these sources to be finalized and 

 2 in effect by January 1, 2009. As indicated by National 

 3 Paint & Coating Association, the USEPA has finalized its 

 4 proposal for aerosol coating. Would you please comment 

 5 on whether the Board should continue to consider the 

 6 portion of the Agency's proposal dealing with aerosol 

 7 coating since NPCA has recommended that we withdraw that 

 8 portion of the rule? 

 9 MR. DAVIS: We were doing some -- We looked 

 10 into this prior to this hearing. The aerosol portion 

 11 that has the USEPA -- or the national rule is -- has been 

 12 finalized, and I believe that legal challenges are open 

 13 until May 23. If that were to clear all the challenges 

 14 and becomes a final rule, then we would consider 

 15 withdrawing that portion of the rule. 

 16 MR. RAO: I have a related question. In 

 17 terms of how those rules are implemented in Illinois, 

 18 with a number of other air rules, when USEPA adopts a 

 19 rule, we still go through the rulemaking at the state 

 20 level. Would these rules -- if the USEPA adopts, you 

 21 know, the coating rules and it, you know, goes through 

 22 the appeal period, will that become self-implementing in 

 23 the state and we don't have to go through this 

 24 rulemaking? 

 Keefe Reporting Company 25 
 1 MR. DAVIS: I believe so. Well, for the 

 2 aerosol portion, yeah, I believe that -- I don't think 

 3 that we have to do a state rule when the national rule 

 4 becomes effective. Is that -- Was that your question? 

 5 MR. RAO: Yes. 

 6 MR. DAVIS: It's self -- okay. 

 7 MR. RAO: Yeah. And -- 

 8 HEARING OFFICER FOX: Mr. Davis, do you -- 

 9 you have referred and other participants have referred as 

 10 well to the USEPA's final action on that aerosol coating 

 11 issue. Do you by any chance have available for 

 12 introduction as an exhibit in this proceeding a copy of 

 13 that document from the Federal Register or other legal 

 14 source? 

 15 MR. DAVIS: I believe at my desk I do. 

 16 MR. MATOESIAN: I have one at my desk too as 

 17 well. 

 18 HEARING OFFICER FOX: Is that something that 

 19 perhaps if we take a break we could have you introduce 

 20 after the break? 

 21 MR. MATOESIAN: Sure. 

 22 HEARING OFFICER FOX: Excellent. That'd be 

 23 very helpful for the Board's record. I'd appreciate it. 

 24 MR. MATOESIAN: Actually, I brought a copy 

 Keefe Reporting Company 26 
 1 with me, if you'd like. 

 2 (Discussion held off the record.) 

 3 MR. RAO: Mr. Davis, on page 5 of your 

 4 testimony you state that the regulations with identical 

 5 limits in the OTC region and California support the 

 6 technical feasibility of the proposed rules since they 

 7 already adopted these rules. Could you please comment on 

 8 whether any of the Region 5 states are planning to adopt 

 9 or already have adopted similar rules? 

 10 MR. DAVIS: I believe that Ohio has already 

 11 adopted. I'm not sure about Michigan. They were having 

 12 some trouble. I think they -- Michigan also -- Michigan 

 13 and Ohio. I don't believe Indiana or Wisconsin yet. 

 14 MR. RAO: And I had a few questions 

 15 regarding the rule language. It's more -- 

 16 MR. DAVIS: Sure. 

 17 MR. RAO: -- about consistency. The first 

 18 section is 223.203. I think it's the definitions 

 19 section, page 6 of the proposed rules. This section 

 20 states that definitions contained in this section apply 

 21 only to the provisions of this subpart, and when you go 

 22 to the first definition of adhesive, it states that 

 23 adhesive means for purposes of this part any product that 

 24 is used to bond one surface to other materials, so can 

 Keefe Reporting Company 27 
 1 you please clarify whether this definition extends beyond 

 2 the subpart or is it applicable only to subpart (b)? 

 3 MR. DAVIS: That would be -- It should just 

 4 be for the subpart, and in doing the definitions, we had 

 5 them separate and then we had them together and then we 

 6 separated them again at the request of one of -- you 

 7 know, one of our stakeholders. We should probably check 

 8 and see if there's any -- 

 9 MR. RAO: Okay. 

 10 MR. DAVIS: -- any more, but I would say 

 11 that that's a good catch and that that should be changed. 

 12 And all the definitions should be for the subpart only -- 

 13 MR. RAO: Okay. 

 14 MR. DAVIS: -- because having definitions 

 15 for all three parts did cause a few problems, so we 

 16 separated them back out. Usually the definitions are all 

 17 at the beginning, but -- 

 18 BOARD MEMBER JOHNSON: And you were 

 19 referring to adhesives. 

 20 BOARD MEMBER MOORE: Right. 

 21 MR. RAO: Yeah. 

 22 BOARD MEMBER JOHNSON: Okay. 

 23 MR. RAO: And, yeah, we did go through the 

 24 rules, you know, maybe not in-depth since our rulemaking 

 Keefe Reporting Company 28 
 1 coordinator just left our agency, so we may find more of 

 2 this and bring it up at the second hearing. Okay. The 

 3 second question on the rules is at Section 223.207. It's 

 4 on page 36 of the rule. This section sets forth that the 

 5 effective date of VOM standards for consumer products 

 6 that are registered under Federal Insecticide, Fungicide 

 7 and Rodenticide Act, also known as FIFRA, will be January 

 8 1, 2010. Could you please explain why the compliance 

 9 date for these products are set one year later than the 

 10 others? 

 11 MR. DAVIS: I believe that that was to give 

 12 those products maybe a little bit more time to 

 13 reformulate. If Mr. Yost has -- -- 

 14 MR. YOST: Actually, if I can address that, 

 15 Mr. Rao, the CSPA represents a large number of consumer 

 16 products that are regulated by FIFRA. For instance, if 

 17 something kills mold and mildew, that's a FIFRA-regulated 

 18 product. You don't normally think of that as a 

 19 pesticide, but it is. That product is regulated by 

 20 the -- 

 21 MR. BIEL: The Department of Agriculture. 

 22 MR. YOST: Okay. The Department of 

 23 Agriculture regulates pesticides. If there's any change 

 24 in formulation or labels, manufacturers of regulated 

 Keefe Reporting Company 29 
 1 pesticide products have to get approval by USEPA and in 

 2 Illinois by the Department of Agriculture. Thus, the -- 

 3 all the state rules that -- for consumer products, 

 4 California, OTC-based rules, etc., provide one additional 

 5 year because it takes that additional time to work 

 6 through other sister agencies to get approval for any 

 7 type of change, even a label change, for instance, so 

 8 that's the rationale for that additional year. And 

 9 again, this provision is dead-on consistent with existing 

 10 California regulations and every other state consumer 

 11 product regulations based on the OTC. 

 12 MR. RAO: Thank you very much -- 

 13 MR. YOST: Yes, sir. 

 14 MR. RAO: -- for the clarification. Next 

 15 one is on Section 233.208 on the same page. Subsection 

 16 (a) refers to California Code Section 41712, subsection 

 17 (h)(2). Could you please clarify whether this California 

 18 rule is incorporated by reference in the proposed rules, 

 19 or should we do that? 

 20 MR. DAVIS: I believe it was, but -- are you 

 21 suggesting it wasn't or -- 

 22 MR. RAO: Well, no, because usually when you 

 23 cite to a rule, it also says as incorporated by reference 

 24 somewhere. 

 Keefe Reporting Company 30 
 1 MR. DAVIS: Oh, I see. 

 2 MR. RAO: So I didn't see that. 

 3 MR. MATOESIAN: I would say -- It is 

 4 incorporated under 120(o), page 5, but we should have 

 5 stated as incorporated by reference, so we'll put that 

 6 into the errata. 

 7 MR. RAO: Okay. Thanks. And could you also 

 8 check if there are other sections in the rule that need a 

 9 similar fix? 

 10 MR. MATOESIAN: Okay. 

 11 MR. RAO: And my next question is on 

 12 223.230, subsection (e). It's on page 39. Subsection 

 13 (e) sets forth that VOM limits specified in 223.205(a) 

 14 shall not apply to any LVP-VOM. It's low vapor pressure 

 15 VOM. Could you please clarify whether this provision is 

 16 intended to exclude LVP-VOM in determining compliance 

 17 with the VOM standards that if a product containing 

 18 LVP-VOM would still be subject to the VOM standards if it 

 19 contains other types of VOMs? 

 20 MR. DAVIS: I'm not sure I understand your 

 21 question. 

 22 MR. RAO: If a product contains LVP-VOM, is 

 23 that exempted from the standard? 

 24 MR. DAVIS: I believe it's not counted in 

 Keefe Reporting Company 31 
 1 the -- 

 2 MR. RAO: It's not counted? But if it 

 3 contains other VOM, other types of VOM, it's still 

 4 subject to the standard. 

 5 MR. DAVIS: Yes. 

 6 MR. RAO: Okay. And that was just a 

 7 clarification. My final question is I think maybe a 

 8 typographical error, but I just wanted to get that on the 

 9 record. It's on Section 223.285, subsection (c). This 

 10 section refers to an ASTM standard. It's ASTM 

 11 D4359-90(2000)el. Could you please clarify whether the 

 12 last two letters, "el," referenced in the standard is a 

 13 typographical error, or is it part of the standard? 

 14 MR. DAVIS: I believe that should be e1. 

 15 MR. RAO: e1. Because when I look at the 

 16 incorporations by reference, I didn't see that as part of 

 17 the standard names. When you go to Section 223.120 on 

 18 page 4, it just lists this as -- 

 19 MR. DAVIS: Sure. 

 20 MR. RAO: -- ASTM D4359-90. Could you 

 21 please just take a look at that and make sure we have the 

 22 correct name of the standard? That's all I have. 

 23 MR. DAVIS: Sure. I think that's just a 

 24 more specific cite. 

 Keefe Reporting Company 32 
 1 MR. RAO: Okay. 

 2 MR. DAVIS: And one should -- 

 3 MR. RAO: Maybe we just ought to fix the -- 

 4 okay. Thank you very much. 

 5 HEARING OFFICER FOX: Do any of the board 

 6 members have a question for Mr. Davis? Mr. Yost? 

 7 MS. MCAULIFFE: Hi. 

 8 HEARING OFFICER FOX: I should have the 

 9 record reflect that you must be Heidi McAuliffe and that 

 10 you joined us during some of the questions that were 

 11 posed to Mr. Davis. Welcome. I'm sorry for your travel 

 12 difficulties. 

 13 MS. MCAULIFFE: Thank you very much, and I 

 14 do apologize for being late. I had intended to be here 

 15 yesterday evening and here on time for the hearing this 

 16 morning. So I do have just some -- a few questions, if 

 17 you don't mind. 

 18 HEARING OFFICER FOX: If you would just 

 19 identify yourself and the organization you represent for 

 20 the benefit of the court reporter, please go ahead. 

 21 MS. MCAULIFFE: Very good. My name is Heidi 

 22 McAuliffe. I am counsel for government affairs, National 

 23 Paint & Coatings Association. National Paint & Coatings 

 24 Association has a caulk, sealants and adhesives 

 Keefe Reporting Company 33 
 1 committee. Our member companies that participate in that 

 2 committee manufacture caulks, sealants and adhesives that 

 3 are covered by the consumer products rule. We also have 

 4 a spray paint manufacturers' committee that consists of 

 5 manufacturers and suppliers to the aerosol coatings 

 6 industry, so I'm here on behalf of those members who are 

 7 covered by the consumer products rule and by the proposed 

 8 aerosol coatings rulemaking, the rule that you have in 

 9 front of you today. 

 10 With regard to the consumer products rule, I have 

 11 reviewed all the rules. With regard to the adhesives and 

 12 sealants provisions in there, I have found them to be 

 13 consistent with the OTC model rule and the California 

 14 rule, and I applaud your efforts on that behalf. We are 

 15 very concerned with consistency and uniformity across the 

 16 country with these regulations. I think the only concern 

 17 that we had was some of the reporting requirements. 

 18 HEARING OFFICER FOX: If I may interrupt 

 19 you, Ms. McAuliffe, I -- it's -- you're on the verge, I 

 20 think, of offering some testimony. Why don't we swear 

 21 you in so you can proceed right through that and then to 

 22 any questions that you might have. And I apologize for 

 23 breaking in. 

 24 MS. MCAULIFFE: Very good. 

 Keefe Reporting Company 34 
 1 (Whereupon the witness was sworn in by the 

 2 reporter.) 

 3 HEARING OFFICER FOX: Sorry to interrupt 

 4 you. Please go ahead. 

 5 MS. MCAULIFFE: My only concern with the 

 6 consumer products regulation with regard to those 

 7 particular categories was the time requirement for 

 8 responding to a request for information, and I would urge 

 9 you to make that consistent with the OTC model rule, as I 

 10 think the time differences are much tighter in your 

 11 proposed regulation, and those are the types of 

 12 provisions that -- even though the standards and the 

 13 definitions are the same for manufacturers, those are the 

 14 types of provisions that can drive the regulatory people 

 15 crazy and tie them up for a period of time, whether 

 16 they're large or small companies, so I would encourage 

 17 you to address that. 

 18 With regard to the aerosol coatings, I understand 

 19 that I did miss the pivotal question that I came to ask 

 20 you about the aerosol coatings proposal, and that was how 

 21 you feel about the USEPA's final rule and whether or not 

 22 you would withdraw your rulemaking in the event there's 

 23 no challenge to it, so I think I would just like to add 

 24 on a few comments to that, as I'm pleased to hear that 

 Keefe Reporting Company 35 
 1 you're -- you would consider withdrawing that rulemaking, 

 2 because I believe there would be very significant issues 

 3 for the Illinois EPA if you went forward with that 

 4 rulemaking. The table of MIR values is a very 

 5 significant item in that rulemaking that will require a 

 6 great deal of maintenance and care, I believe, over the 

 7 years; that I think it would be perhaps difficult for the 

 8 Agency, difficult I think very much for manufacturers 

 9 that have to comply with that rulemaking if we had to -- 

 10 well, let me back up a little. 

 11 The table of MIR values is being updated right 

 12 now by California. That updating has to take place on a 

 13 periodic basis to reflect the current science for 

 14 reactivity. Once California updates their table of MIR 

 15 values, that sort of updating would have to take place 

 16 anywhere else that there is a reactivity rule where those 

 17 compounds have been incorporated into the rulemaking, so 

 18 EPA -- USEPA, now that they have their proposed 

 19 rulemaking out there with their own table of reactivity 

 20 values, will find themselves in a position to where they 

 21 have to update their table on a periodic basis, which is 

 22 a significant effort on their part, and I -- and for any 

 23 agency to go through that kind of a rulemaking on such a 

 24 very complex scientific issue, so I think it would be a 

 Keefe Reporting Company 36 
 1 very wise decision on your part to avoid that type of 

 2 maintenance activity for the table of MIR values, and the 

 3 difficulty for manufacturers would be if there was 

 4 changes in California and then there was slightly -- you 

 5 know, a time lag between the changes in the EPA and then 

 6 there was a time difference between the changes in 

 7 Illinois, it would be very difficult for manufacturers to 

 8 maintain compliant products across the country if these 

 9 reactivity values were kind of changing in a wave, you 

 10 know, first in California, then somewhere else and then 

 11 somewhere else. 

 12 So we see that as a very significant issue with 

 13 the aerosol coatings category and a very difficult issue 

 14 to coordinate from state agency to state agency and 

 15 federal agency, so I would really encourage you to go 

 16 forward with your plans or your efforts to consider 

 17 withdrawing the aerosol coatings regulation. 

 18 HEARING OFFICER FOX: Very good. Did you 

 19 have questions, Ms. McAuliffe, that you'd wish to pose to 

 20 the Agency at this point? 

 21 MS. MCAULIFFE: The question I think I have 

 22 is what would be your time frame for withdrawing the 

 23 aerosol proposal? 

 24 MR. DAVIS: I believe May 23 is when the 

 Keefe Reporting Company 37 
 1 national rule kind of gets out of the woods -- 

 2 MS. MCAULIFFE: Right. That would be -- 

 3 MR. DAVIS: -- for legal challenge. Sixty 

 4 days. 

 5 MS. MCAULIFFE: -- sixty days from the date 

 6 of final publication. 

 7 MR. DAVIS: And I think that's May 23. Our 

 8 second hearing is scheduled for -- 

 9 BOARD MEMBER JOHNSON: June 4. 

 10 MR. DAVIS: -- June 4, so that would -- 

 11 MS. MCAULIFFE: Okay. So assuming there's 

 12 no untoward events with regard to EPA's final rule, that 

 13 would be your -- 

 14 MR. DAVIS: Yeah. It is our position we 

 15 will withdraw. At the time of filing we didn't have a 

 16 final rule. 

 17 MS. MCAULIFFE: Right. 

 18 MR. DAVIS: And we've been promised things 

 19 before. 

 20 MS. MCAULIFFE: I understand. So have we. 

 21 Very good. I think that's the only question that I had. 

 22 HEARING OFFICER FOX: Very good. Very good. 

 23 Mr. Yost, you had -- 

 24 MR. YOST: Yes, if I may, yes, sir. I just 

 Keefe Reporting Company 38 
 1 realized I forgot to ask a question. 

 2 Mr. Davis, one very quick question. In 

 3 Section 223.205, as it was set forth in the standards, 

 4 there is a list of sections; for instance, the FIFRA 

 5 section, the exemption section, the innovative product 

 6 provision and also the alternative control plan. Again, 

 7 these are dead-on consistent with the OTC model rule. 

 8 The one thing that I noticed there that was missing, 

 9 though, is a variance provision. Is there a general 

 10 variance provision in the Illinois EPA rules that would 

 11 be applicable here to the consumer product regulation as 

 12 well? 

 13 MR. DAVIS: I believe so. I think we took 

 14 out any variance procedure because Illinois has its own 

 15 variance procedures that we follow. 

 16 MR. YOST: Okay. I thought that might be 

 17 the case. I just wanted to confirm that. 

 18 MR. DAVIS: Yeah. 

 19 MR. YOST: And I think history, let's just 

 20 use California as a example. History shows that there's 

 21 a very limited number of variances that are requested, 

 22 but they are very important, so as long as there's a 

 23 mechanism in place, we greatly appreciate that insight. 

 24 Thank you. 

 Keefe Reporting Company 39 
 1 HEARING OFFICER FOX: Were there any 

 2 participants at all with any additional questions for 

 3 Mr. Davis at the Agency? The Board's members or staff, 

 4 did they wish to bring anything up with him? Very good. 

 5 We appear to be complete with the questions based on your 

 6 prefiled testimony, Mr. Davis, and I appreciate it very 

 7 much on behalf of the Board, I'm sure. Thank you for 

 8 your time and your work. 

 9 What I would like to propose -- this is slightly 

 10 unusual in terms of timing -- is to take a very short 

 11 break very soon in the course of the hearing. 

 12 Mr. Matoesian did produce copies of the federal documents 

 13 that of course we've been referring to that have taken 

 14 action on the aerosol coatings issue. What I'd like to 

 15 do is just take a brief break to get copies of those so 

 16 that they can be provided, and we can entertain a motion 

 17 to admit them as an exhibit for this hearing and 

 18 certainly give everyone a chance to lodge any objections 

 19 that they might have on the admission of those documents. 

 20 Why don't we take a short break and resume at ten 

 21 o'clock, at which time we can take care of that, and, 

 22 Mr. Yost, we can turn to your prefiled testimony and any 

 23 questions that we might have of you. 

 24 MR. YOST: Thank you, Mr. Fox. 

 Keefe Reporting Company 40 
 1 HEARING OFFICER FOX: Absolutely. We'll see 

 2 you here in ten minutes. 

 3 (Brief recess taken.) 

 4 HEARING OFFICER FOX: Thank you all for your 

 5 promptness in returning after the break, and I think 

 6 without surprising him I can turn things over very 

 7 quickly to Mr. Matoesian for a moment or two. 

 8 MR. MATOESIAN: Yes. I'll just introduce as 

 9 Hearing Exhibit 1 the Federal Register for Monday, March 

 10 24, 2008, which is the USEPA national volatile organic 

 11 compound emission standards for aerosol coatings final 

 12 rule, and then as Hearing Exhibit 2 I will admit a second 

 13 Federal Register from that same day that has a minor 

 14 amendment to the primary rule. 

 15 HEARING OFFICER FOX: And for the record, 

 16 thank you for your help in obtaining copies of those. I 

 17 appreciate it. And may I ask you to provide a copy to 

 18 the witnesses, please? 

 19 MR. MATOESIAN: Okay. 

 20 HEARING OFFICER FOX: And Mr. Matoesian has 

 21 distributed copies. Ms. Lurkins, were you able to get a 

 22 copy? 

 23 MS. LURKINS: Yes. 

 24 HEARING OFFICER FOX: I'm sorry. Was there 

 Keefe Reporting Company 41 
 1 a motion -- If I have forgotten it, Mr. Matoesian, I'm 

 2 sorry. Was there a motion to admit that? 

 3 MR. MATOESIAN: Yes, I made a motion to 

 4 admit them. 

 5 HEARING OFFICER FOX: Was there any 

 6 objection on the part of any participant to the admission 

 7 of those? They will be admitted. As Mr. Matoesian 

 8 indicated, Hearing Exhibit No. 1 is the March 24, 2008, 

 9 Federal Register containing the final rule to which he 

 10 referred, and Hearing Exhibit No. 2 is from the same 

 11 March 24 Federal Register, the minor amendment to which 

 12 he also referred. Those will be admitted into the record 

 13 as those exhibit numbers. 

 14 When we broke for a few moments, Mr. Davis had 

 15 concluded his testimony and there were no apparent 

 16 further questions for him. Mr. Yost, that leads us to 

 17 you, as I think I indicated before the break. Your 

 18 prefiled testimony is of course admitted as if read into 

 19 the record on the basis of that prefiling a couple of 

 20 weeks ago. You've already been sworn in by the court 

 21 reporter, and if you would like to offer any summary of 

 22 your testimony, that would be great. We could also 

 23 proceed directly to questions if that would be your wish. 

 24 MR. YOST: Thank you. If I could just very 

 Keefe Reporting Company 42 
 1 briefly summarize, Mr. Fox. 

 2 HEARING OFFICER FOX: Please go ahead. 

 3 MR. YOST: To very briefly summarize, the 

 4 CSPA, by way of explanation, represents a broad range of 

 5 consumer product manufacturers. We currently have 

 6 approximately 260 members, and they manufacture products 

 7 that are covered by this rule. In fact, at least 

 8 two-thirds of the proposed VOM limits here would have a 

 9 direct impact on CSPA member companies. CSPA has 

 10 participated very actively in the Illinois EPA 

 11 rulemaking, and we've also participated in every other 

 12 state that has initiated a rulemaking to develop a 

 13 consumer products regulation. We appreciate, again, the 

 14 very significant degree that the Agency went to to ensure 

 15 an open and transparent rulemaking process, but we 

 16 believe that the proposed rule is consistent with the OTC 

 17 model. 

 18 Again, we -- during the questions I raised two 

 19 technical amendments that we would like the Agency to 

 20 consider. We appreciate the Agency's willingness to 

 21 consider that. These standards are very stringent. They 

 22 will impose a burden, particularly on regional companies. 

 23 The CSPA represents a variety of companies, many who 

 24 market products on a nationwide basis, and to the extent 

 Keefe Reporting Company 43 
 1 that these companies market products nationwide, they 

 2 generally comply with California VOC limits. California 

 3 would essentially set the lowest common denominator for 

 4 these nationwide manufacturers. Thus, those products are 

 5 compliant with California and are -- will be compliant 

 6 with the Agency's proposed limits. 

 7 The concern, however, is that there are regional 

 8 companies, companies that may not market products outside 

 9 of Illinois or, if they do market products outside of 

 10 Illinois, may not market products or sell products 

 11 outside even in some of the regional -- the states that 

 12 are contiguous with Illinois. For instance, Ohio has a 

 13 final rule, but that does not take effect until 1-1-09, 

 14 and Michigan has a final rule; I believe in 2006 it was 

 15 implemented. They amended that recently to include other 

 16 provisions that will ultimately make it entirely 

 17 consistent with what the Illinois EPA Agency is proposing 

 18 here. 

 19 But the point I'm trying to make is that it is 

 20 absolutely essential that adequate lead time be provided 

 21 for some of these regional companies. We don't represent 

 22 very many of those companies, so to a certain extent, I'm 

 23 not speaking directly for our members, although we may 

 24 have some that manufacture, a very limited number, but I 

 Keefe Reporting Company 44 
 1 think the January 1, 2009, effective date is absolutely 

 2 critical. We support the Agency's adoption of that. It 

 3 is consistent with what the other states are doing. 

 4 So in summary, I'd just like to say that the 

 5 comprehensive strategy that the Agency has developed will 

 6 achieve benefits for this state, and the fact that it's 

 7 uniform makes it feasible for companies, especially large 

 8 companies, to comply with these Illinois regulations. 

 9 Again, we appreciate the opportunity to address the 

 10 Board. If there are any questions, I'll be happy to 

 11 answer any that you may have. 

 12 HEARING OFFICER FOX: Very good. Thank you, 

 13 Mr. Yost. Were there questions on the part of any of the 

 14 participants in this hearing? Anything they'd like to 

 15 direct to Mr. Yost? Seeing none, did anyone from the 

 16 Board, either the members or the staff, have a question 

 17 for Mr. Yost on the basis of his testimony? 

 18 MR. RAO: I just had one question. 

 19 MR. YOST: Certainly, Mr. Rao. 

 20 MR. RAO: It's mainly related to the USEPA's 

 21 rulemaking on consumer products. In your testimony you 

 22 had indicated that those rules may be finalized in 

 23 May 2008. 

 24 MR. YOST: Yes, sir. 

 Keefe Reporting Company 45 
 1 MR. RAO: Do you have any idea as to whether 

 2 it's moving along to meet that deadline or -- 

 3 MR. YOST: Based on recent discussions with 

 4 the USEPA staff that's responsible for developing that 

 5 rule, May is the target date, and in terms of the 

 6 implementation date, it could possibly be May of 2009 or 

 7 maybe August of 2009. The lead staff person is a 

 8 gentleman named Mr. Bruce Moore, and Mr. Moore was the 

 9 person responsible for spearheading the USEPA's 

 10 development of the existing national rule that's in 

 11 effect in 1998, so he is I think the best person within 

 12 the entire USEPA to answer that question, and his latest 

 13 indication is May. Sorry for the expanded answer. I 

 14 just want you to understand we got it from the best 

 15 source possible from the USEPA. 

 16 MR. RAO: Thank you. 

 17 HEARING OFFICER FOX: Any further questions 

 18 on anyone's part for Mr. Yost at this point? Neither 

 19 seeing or hearing any indication that there are, 

 20 Mr. Yost, certainly I'll thank you for your time and for 

 21 your information. I know that the Board appreciates it. 

 22 MR. YOST: Thank you again for the 

 23 opportunity, Mr. Fox. 

 24 HEARING OFFICER FOX: Very well. And that 

 Keefe Reporting Company 46 
 1 allows us to turn to Ms. McAuliffe, and you of course 

 2 have been sworn in and your prefiled testimony is 

 3 admitted into the record as if read. Would you like to 

 4 offer any summary or any further summary of your 

 5 testimony or would you be available to proceed to any 

 6 questions that people may have for you? 

 7 MS. MCAULIFFE: I'd be available to proceed 

 8 right to questions. 

 9 HEARING OFFICER FOX: Excellent. Are there 

 10 any of the other participants who would wish to pose a 

 11 question to Ms. McAuliffe on the basis of her testimony? 

 12 I don't see any indication that there is, but the board 

 13 members or the board staff may have a question for her at 

 14 this point. 

 15 MR. RAO: I have just one question. 

 16 Miss McAuliffe, earlier before you came and asked the 

 17 Agency a question about whether they were going to 

 18 withdraw their portion of the rules that -- you know, 

 19 when the USEPA has already finalized the rules, and they 

 20 said they'll wait until the appeal period is over to do 

 21 that. In case there's some roadblocks to the USEPA rule, 

 22 I'm assuming that this rule will go forward. My question 

 23 is that you had indicated, you know, concerns about the 

 24 MIR values table and how -- the maintenance of the table 

 Keefe Reporting Company 47 
 1 by the Agency. In case if this rule goes forward for 

 2 whatever reason, do you think the rule should have some 

 3 provision which requires the Agency to make sure this 

 4 table is consistent with any updates done by California? 

 5 MS. MCAULIFFE: I would certainly recommend 

 6 that in the event there's no challenge to the EPA rule 

 7 that you go forward with withdrawal of the rule. As I 

 8 said before, the table of MIR values is vital to the 

 9 aerosol coatings regulation. A manufacturer cannot 

 10 figure out the reactivity -- relative reactivity of its 

 11 formula without knowing the reactivity factor or the MIR 

 12 value for each and every volatile component in that 

 13 formula, so having an accurate MIR value for the 

 14 compounds is very important. Having an accurate 

 15 scientifically, you know, peer-reviewed MIR value that's 

 16 consistent from California to, you know, Maine and North 

 17 Carolina is also important for a manufacturer's, you 

 18 know, compliance efforts. 

 19 If in fact we're subject to three different 

 20 aerosol coatings regulations, one in California, one in 

 21 Illinois and the USEPA rule, the worst possible situation 

 22 would be the -- you know, sort of a time wave of the 

 23 change in California, then resonating at some point with 

 24 Illinois, resonating at some point with EPA and getting 

 Keefe Reporting Company 48 
 1 through all these different rulemaking processes. If 

 2 there was some way to tie the table of MIR values to 

 3 activities in California to update those MIR values, that 

 4 would probably be the best scenario. That's probably 

 5 unlikely for EPA, but hopefully your administrative 

 6 procedures and your rulemaking processes would allow you 

 7 to do it in EPA -- or in Illinois, but if you could tie 

 8 your rule incorporated by reference or however you would 

 9 do that under your rulemaking, then, you know, any 

 10 changes that are generated in California would 

 11 automatically become effective in Illinois. That would 

 12 be the best possible situation that I could foresee in 

 13 that event. 

 14 MR. RAO: Okay. Thank you very much. 

 15 BOARD MEMBER JOHNSON: That leads to just 

 16 one question. You referred to California standards as 

 17 the lowest common denominator. By that you meant the 

 18 highest degree of regulation? 

 19 MR. YOST: Yes, sir. Those are the 

 20 strictest standards, which of course your state is about 

 21 to adopt -- 

 22 BOARD MEMBER JOHNSON: Right, right. 

 23 MR. YOST: -- most of those standards, and 

 24 in fact, you're adopting the standards that are currently 

 Keefe Reporting Company 49 
 1 in effect in California right now. 

 2 BOARD MEMBER JOHNSON: Okay. Thank you. 

 3 MR. YOST: Yes, sir. 

 4 HEARING OFFICER FOX: Were there any further 

 5 questions for Ms. McAuliffe on the part of the Board or 

 6 the Board's staff? Ms. McAuliffe -- I'm sorry. Did I 

 7 see an indication of a question? 

 8 MR. DAVIS: No. That's okay. 

 9 HEARING OFFICER FOX: Very well. 

 10 Ms. McAuliffe, thank you as well for your time and your 

 11 preparation for the hearing. We appreciate your 

 12 information very much. 

 13 MS. MCAULIFFE: Thank you for the 

 14 opportunity. 

 15 HEARING OFFICER FOX: Not at all. We appear 

 16 to have come to the end of the prefiled testimony, and 

 17 while I have -- had left at the door a sheet on which 

 18 potential witnesses could sign up, that was signed by 

 19 Mr. Yost, who has of course offered a summary of his 

 20 testimony and responded to questions, and Ms. Lurkins 

 21 from Hodge Dwyer Zeman, who indicated that she did not 

 22 wish to offer testimony. Is that correct, Ms. Lurkins? 

 23 MS. LURKINS: That's correct. 

 24 HEARING OFFICER FOX: Very well. So we have 

 Keefe Reporting Company 50 
 1 come to the end of the nonexistent testimony by persons 

 2 who did not prefile it, and that brings us close to a 

 3 point of adjournment. I do want to address a couple of 

 4 quick procedural issues, however. 

 5 In this docket, anyone may file written public 

 6 comments with the Board's clerk, and those may be made 

 7 electronically. I think you are all familiar with the 

 8 process of the electronic filing through our Clerk's 

 9 Office On-Line, and any questions about electronic filing 

 10 through COOL can certainly be addressed to our assistant 

 11 clerk, John Therriault, for help. Those filings with the 

 12 Board, whether paper or electronic, must also be served 

 13 on the hearing officer and on those persons whose names 

 14 are on the service list, and before filing, please check 

 15 with me or -- to ensure that you have the most recent and 

 16 current version of the service list. 

 17 The court reporter indicates that copies of the 

 18 transcript of this hearing should be available to the 

 19 Board by May 6, next Wednesday, and very soon after that 

 20 transcripts should be posted to the Board's Web site 

 21 under this docket number, R08-17. Once posted, of course 

 22 they can be viewed and downloaded and printed out free of 

 23 charge. 

 24 The second hearing is now scheduled to take place 

 Keefe Reporting Company 51 
 1 beginning at 9 a.m. on Wednesday, June 4, in Chicago, and 

 2 the deadline for prefiling testimony for that second 

 3 hearing is Wednesday, May 21. If anyone has questions 

 4 about the procedural aspects of this rulemaking, you may 

 5 certainly contact me, and my e-mail address and direct 

 6 phone number are in the notice of hearings and any future 

 7 hearing officer order that would go out. 

 8 Have I overlooked any matters that need to be 

 9 addressed at this time? Seeing no indication that I 

 10 have, I'd like to repeat my thanks certainly to the 

 11 witnesses and those who have helped prepare them for your 

 12 time and efforts. The hearing is adjourned. Thank you. 

 13 (Hearing adjourned) 

 14 

 15 

 16 

 17 

 18 

 19 

 20 

 21 

 22 

 23 

 24 

 Keefe Reporting Company 52 
 1 STATE OF ILLINOIS ) 

 ) SS 

 2 COUNTY OF BOND ) 

 3 

 4 I, KAREN WAUGH, a Notary Public and Certified 

 5 Shorthand Reporter in and for the County of Bond, State 

 6 of Illinois, DO HEREBY CERTIFY that I was present at the 

 7 Illinois Pollution Control Board, Springfield, Illinois, 

 8 on April 30, 2008, and did record the aforesaid Hearing; 

 9 that same was taken down in shorthand by me and 

 10 afterwards transcribed, and that the above and foregoing 

 11 is a true and correct transcript of said Hearing. 

 12 IN WITNESS WHEREOF I have hereunto set my hand 

 13 and affixed my Notarial Seal this 6th day of May, 2008. 

 14 

 15 

 16 __________________________ 

 17 Notary Public--CSR 

 18 #084-003688 

 19 

 20 

 21 

 22 

 23 

 24 

 Keefe Reporting Company 53 
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

Receive

cLEFfIcs oFFi

D

cE

JUN 04 2008

IN THE MATTER OF:

PROPOSED NEW 35 ILL. ADM. CODE

PART 223 STANDARDS AND

LIMITATIONS FOR ORGANIC

MATERIAL EMISSIONS FOR AREA

SOURCES

R 08 -17 _STATE OF ILLI (Rulemaking - Air) NOIS Pollution Control Board

NOTICE

TO: John T. Therriault, Assistant Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 W. Randolph Street, Suite 11-500

Chicago, Illinois 60601

Matthew Dunn, Chief

Office of Attorney General

188 West Randolph Street, 20" Floor

Chicago, Illinois 60601

HODGE DWYER ZEMAN

Katherine Hodge

Monica Rios

1 auren Lurkins

3150 Roland Avenue

Post Office Box 5776

Springfield, Illinois 62705-5776

Timothy Fox, Hearing Officer

Illinois Pollution Control Board

James R. Thompson Center

100 W. Randolph Street, Suite 11-500

Chicago, Illinois 60601

Mark Biel

Chemical Industry Council of 111 nois

400 West Monroe, Suite 205

Springfield, Illinois 62704

Virginia Yang

Office of Legal Services

Illinois Department of Natural Resources

One Natural Resources Way

Springfield, Illinois 62702

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

the ILLINOIS ENVIRONMENTAL PROTECTION AGENCY'S SECOND ERRATA SHEET TO ITS

PROPOSAL FOR THE ADDITION OF 35 ILL. ADM. CODE 223 on behalf of the Illinois

Environmental Protection Agency, a copy of which is herewith served upon you.

Date: June 2, 2008 ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

By: C.—	-

Charles E. Matesian

Assistant Counsel

Division of Legal Counsel

1021 North Grand Avenue East

P.O. Box 19276

Spring field, IL 62794-9276 THIS FILING IS SUBMITTED ON

217/782-5544 RECYCLED PAPER
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)

REC:Si AL. FACE

JUN 0 4 2008

ILLINOIS

STATE

sr Hutton Control Board

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY'S SECOND 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 Second Errata Sheet to its

proposal for the addition of 35 Ill. 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:

I. Amend Section 223.203 to clarify that the ASTM method specified was incorporated by

reference. The notation was inadvertently omitted from the proposed rule.

"Liquid" means a substance or mixture of substances which is capable of a visually

detectable flow as determined under ASTM D-4359-90(2000)el, incorporated by

reference in Section 223.120, including any subsequent amendments or an

equivalent method approved by the California Air Resources Board. This does not

include powders or other materials that are composed entirely of solid particles.

"Solid" means a substance or mixture of substances which, either whole or

subdivided (such as the particles comprising a powder), is not capable of visually

detectable flow as determined under ASTM D-4359-90(2000)el, incorporated by

reference in Section 223.120, or an equivalent method approved by the California

Air Resources Board.

"Special Purpose Spray Adhesive" means an aerosol adhesive that meets any of the

following definitions:
"Mounting Adhesive" means an aerosol adhesive designed to permanently

mount photographs, artwork, and any other drawn or printed media to a

backing (paper, board, cloth, etc.) without causing discoloration to the

artwork.

"Flexible vinyl adhesive" means an aerosol adhesive designed to bond

flexible vinyl to substrates. Flexible vinyl means a nonrigid polyvinyl

chloride plastic with at least five percent, by weight, of plasticizer content.

A plasticizer is a material, such as a high boiling point organic solvent, that

is incorporated into a plastic to increase its flexibility, workability, or

distensibility, and may be determined using ASTM Method E260-91,

incorporated by reference in Section 223.120, or from product formulation

data or an equivalent method approved by the CARB.

"Polystyrene Foam Adhesive" means an aerosol adhesive designed to bond

polystyrene foam to substrates.

"Automobile Headliner Adhesive" means an aerosol adhesive designed to

bond together layers in motor vehicle headliners.

"Polyolefin Adhesive" means an aerosol adhesive designed to bond

polyolefins to substrates.

"Laminate Repair/Edgebanding Adhesive" means an aerosol adhesive

designed for:

The touch-up or repair of items laminated with high pressure

laminates (e.g., lifted edges, delaminates, etc.); or

The touch-up, repair, or attachment of edgebanding materials,

including but not limited to, other laminates, synthetic marble,

veneers, wood molding, and decorative metals.

For the purposes of this definition "high pressure laminate" means

sheet materials which consist of paper, fabric, or other core material

that have been laminated at temperatures exceeding 265 degrees F,

and at pressures between 1,000 and 1,400 psi.

"Automotive Engine Compartment Adhesive" means an aerosol adhesive

designed for use in motor vehicle under-the-hood applications which

require oil and plasticizer resistance, as well as high shear strength, at

temperatures of 200 - 275 degrees F.

2. Amend Section 223.203 to change the term "Part" to Subpart" in the following

definitions. The term Subpart more accurately describes the meaning of the words.

2
"Adhesive" means for purposes of this Subpart Part, any product that is used to bond

one surface to another by attachment. This does not include products used on humans

and animals, adhesive tape, contact paper, wallpaper, shelf liners, or any other product

with an adhesive incorporated onto or in an inert substrate. For "Contact Adhesive,"

adhesive does not include units of product, less packaging, which consist of more than

one gallon. For "Construction, Panel, and Floor Covering Adhesive," and "General

Purpose Adhesive," "Adhesive" does not include units of product, less packaging,

which weigh more than one pound and consist of more than 16 fluid ounces. This

limitation does not apply to aerosol adhesives.

"Architectural Coating" means for purposes of this Subpart Raft, a coating to be

applied to stationary structures or the appurtenances at the site of installation, to

portable buildings at the site of installation, to pavements, or to curbs. Coatings

applied in shop applications or to non-stationary structures such as airplanes, ships,

boats, railcars, and automobiles, and adhesives are not considered "Architectural

Coatings" for the purposes of this rule.

"Hair spray" means:

For products manufactured before January 1, 2009, a consumer product designed

primarily for the purpose of dispensing droplets of a resin on and into a hair

coiffure which will impart sufficient rigidity to the coiffure to establish or retain

the style for a period of time, and

For products manufactured on or after January 1, 2009, a consumer product that is

applied to styled hair, and is designed or labeled to provide sufficient rigidity, to

hold, retain and/or (finish) the style of the hair for a period of time. This includes

aerosol hair sprays, pump hair sprays, spray waxes; color, glitter, or sparkle

hairsprays that make finishing claims; and products that are both a styling and

finishing product. This does not include spray products that are intended to aid in

styling but does not provide finishing of a hairstyle. For the purposes of this

Subpart Part, "Finish" or "Finishing" means the maintaining and/or holding of

previously styled hair for a period of time. For the purposes of this Subpart Part,

"Styling" means the forming, sculpting, or manipulating the hair to temporarily

alter the hair's shape.

"Hair Styling Product" means a consumer product manufactured on or after January 1,

2009, that is designed or labeled for the application to wet, damp or dry hair to aid in

defining, shaping, lifting, styling and/or sculpting of the hair. This includes, but is not

limited to hair balm, clay, cream, creme, curl straightener, gel, liquid, lotion, paste,

pomade, putty, root lifter, serum, spray gel, stick, temporary hair straightener, wax, spray

products that aid in styling but do not provide finishing of a hairstyle, and leave-in

volumizers, detanglers and/or conditioners that make styling claims. This does not include

"Hair Mousse" "Hair Shine," "Hair Spray," or shampoos and/or conditioners that are

3
rinsed from the hair prior to styling. For the purposes of this Subpart Part, "Finish" or

"Finishing" means the maintaining and/or holding of previously styled hair for a period of

time. For the purposes of this Subpart Part, "Styling" means the forming, sculpting, or

manipulating the hair to temporarily alter the hair's shape.

"Sanding Sealer" means for purposes of this Subpart Part, a clear or semi-transparent

wood coating labeled and formulated for application to bare wood to seal the wood and to

provide a coat that can be abraded to create a smooth surface for subsequent applications

of coatings. A "Sanding Sealer" that also meets the definition of a "Lacquer" is not

included in this category, but it is included in the "Lacquer" category.

3. Amend Section 223.207 to clarify that the FIFRA section specified was incorporated

by reference. The notation was inadvertently omitted from the proposed rule.

For those consumer products that are registered under the Federal Insecticide,

Fungicide, and Rodenticide Act, (FIFRA, 7 U.S.C. Section 136-136y),

incorporated by reference in Section 223.120, the effective date of the VOM

standards will be January I, 2010.

4. Amend Section 223.208 to clarify that the California Code section specified was

incorporated by reference. The notation was inadvertently omitted from the proposed

rule.

Section 223.208 Requirements for Aerosol Adhesives

a) As specified in California Code section 41712(h)(2), incorporated by

reference in Section 223.120, the standards for aerosol adhesives apply to

all uses of aerosol adhesives, including consumer, industrial, and

commercial uses. Except as otherwise provided in Sections 223.207,

223.230, 223.240, 223.245, and 223.207, no person shall sell, supply, offer

for sale, use or manufacture for sale in Illinois any aerosol adhesive which,

at the time of sale, use, or manufacture, contains VOMs in excess of the

specified standard.

5. Amend Section 223.220 to clarifi that the California Code section specified was

incorporated by reference. The notation was inadvertently omitted from the proposed

rule.

a) No person shall sell, supply, or offer for sale on or after January 1, 2009,

any charcoal lighter material product unless at the time of the transaction

the manufacturer can demonstrate that they have been issued an effective

certification by the CARB under the Consumer Products provisions under

Subchapter 8.5, Article 2, Section 94509(h), of Title 17 of the California

Code of Regulations, incorporated by reference in Section 223.120. This

4
certification remains in effect for Illinois for as long as the CARB

certification remains in effect.

6. Amend Section 223.240 to clarify that the California Code sections specified were

incorporated by reference. The notation was inadvertently omitted from the proposed

rule.

a) Any manufacturer of consumer products which have been granted an Innovative

Product exemption by the CARB under the Innovative Products provisions in

Subchapter 8.5, Article 2, Section 94511, or Subchapter 8.5, Article 1, Section

94503.5 of Title 17 of the California Code of Regulations both incorporated by

reference in Section 223.120, shall be exempt from the limits in 223.205(a) for the

period of time that the CARB Innovative Products exemption remains in effect,

provided that all consumer products within the CARB Innovative Products

exemption are contained in the limits in 223.205(a) of this regulation. Any

manufacturer claiming such an exemption on this basis must submit to the Agency

a copy of the CARB Innovative Product exemption decision (i.e., the Executive

Order), including all conditions established by CARB applicable to the exemption.

7. Amend Section 223.245 to clarify that the California Code section specified was

incorporated by reference. The notation was inadvertently omitted from the proposed

rule.

b) Any manufacturer of consumer products which have been granted an ACP

Agreement by the CARB under the provisions in Subchapter 8.5, Article 4,

Sections 94540-94555, of Title 17 of the California Code of Regulations,

incorporated by reference in Section 223.120, shall be exempt from the limits in

Section 223.205(a) for the period of time that the CARB ACP Agreement remains

in effect provided that all ACP Products used for emissions credits within the

CARB ACP Agreement are contained in Section 223.205(a) of this regulation.

Any manufacturer claiming such an ACP Agreement on this basis must submit to

the Agency a copy of the CARB ACP decision (i.e., the Executive Order),

including all conditions established by CARE applicable to the exemption.

8. Amend Section 223.270(a), to clarify that companies have 90 days, not 30, to submit

the pertinent information to the Illinois EPA. The 30 day limit was of concern to

members of the public.

a) Upon request, a responsible party must submit to the Agency any of the

following information within 90 3-0 days of a request by the Agency:

5
9. Amend Section 223.275(b), to clarify that companies have 90 days, not 30, to submit

the pertinent information to the Illinois EPA. The 30 day limit was of concern to

members of the public.

b) For each consumer product that contains perchloroethylene or methylene

chloride, the responsible party shall report the following information for

products sold in Illinois, upon request of the Agency, within 9030 days

written notice:

10. Amend Section 223.285(c) to correct the citation to the ASTM and reconcile it with the

newer version which was incorporated by reference.

c) Testing to determine whether a product is a liquid or solid shall be

performed using ASTM D4359-90 (2400)e-1-, which is incorporated

by reference in Section 223.120 or an equivalent method approved

by the CARB.

11. Amend Section 223.307 to add a line between the definitions of "Bituminous Roof

Primer" and "Bond Breaker." A blank line was inadvertently omitted.

"Bituminous Roof Primer" means a primer which incorporates "Bitumens" that is

labeled and formulated exclusively for roofing.

"Bond Breaker" means a coating labeled and formulated for application between

layers of concrete to prevent a freshly poured top layer of concrete from bonding to

the layer over which it is poured.

12. Amend Section 223.307 to change the term "Part" to Subpart" in the following

definitions. The term Subpart more accurately describes the meaning of the words.

"Coating" means for purposes of this Subpart Raft, a material applied onto or

impregnated into a substrate for protective, decorative, or functional purposes.

Such materials include, but are not limited to, paints, varnishes, sealers, and stains.

"Concrete Curing Compound" means for purposes of this Subpart Part, a coating

labeled and formulated for application to freshly poured concrete to retard the

evaporation of water.

"Primer" means for purposes of this Subpart Part, a coating labeled and formulated

for application to a substrate to provide a firm bind between the substrate and

subsequent coats.

6
"Sanding Sealer" means for purposes of this Subpart Pit, a clear or

semi-transparent wood coating labeled and formulated for application to bare wood

to seal the wood and to provide a coat that can be abraded to create a smooth

surface for subsequent applications of coatings. A "Sanding Sealer" that also

meets the definition of a "Lacquer" is not included in this category, but it is

included in the "Lacquer" category.

"Sealer" means for purposes of this Subpart Part, a coating labeled and formulated

for application to a substrate for one or more of the following purposes: to prevent

subsequent coatings from being absorbed by the substrate, or to prevent harm to

subsequent coatings by materials in the substrate.

13. Amend Section 223.307 to clarify that the ASTM method specified was incorporated

by reference. The notation was inadvertently omitted from the proposed rule.

"Nuclear Coating" means a protective coating formulated and recommended to seal

porous surfaces such as steel (or concrete) that otherwise would be subject to

intrusions by radioactive materials. These coatings must be resistant to long-term

(service life) cumulative radiation exposure [ASTM Method D 4082-89],

incorporated by reference in Section 223.120, relatively easy to decontaminate, and

resistant to various chemicals to which the coatings are likely to be exposed

[ASTM Method D 3912-80 incorporated by reference in Section 223.120d.

14. Amend Section 223.320, to clarify that companies only have to submit date codes 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.

a) If a manufacturer uses a code other than specified in 223.250(b) indicating the

date of manufacture for any consumer product subject to Section 223.205(a), an

explanation of the date portion of the code must be filed with the Agency upon

request.

15. Amend Section 223.320, to clarify that companies only have to submit date codes 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.

a) Date Code. The date the coating was manufactured, or a date code

representing the date, shall be indicated on the label, lid, or bottom of the

container. If the manufacturer uses a date code for any coating, the

manufacturer shall file an explanation of each code with the Agency upon

request.

7
16. Amend Section 223.320(c) to repeat and clarify that "VOM Content" and "VOC

Content" shall have the same meaning. The use of the two terms caused confusion

among members of the public.

c) VOM or VOC Content. Each container of any coating subject to this rule

shall display either the maximum or the actual VOM content of the coating,

as supplied, or the actual VOM content including the maximum thinning as

recommended by the manufacturer. VOM content shall be displayed in

grams of VOM per liter of coating. VOM content displayed shall be

calculated using product formulation data, or shall be determined using the

test methods in subsection 223.340(b). The equations in subsection

223.340(a) shall be used to calculate VOM content. In each of the above

cases, the term "VOC content" shall have the same meaning as "VOM

content."

17. Amend Section 223.330, to clarify that companies have 90 days, not 30, to submit the

pertinent information to the Illinois EPA. The 30 day limit was of concern to members

of the public.

a) Clear Brushing Lacquers. Each manufacturer of clear brushing lacquers

shall report the following information for products sold in Illinois, upon

request of the Agency, within 90 30 days written notice:

1) The number of gallons of clear brushing lacquers sold in the state

during the preceding calendar year; and

2) The method used by the manufacturer to calculate state sales.

b) Rust Preventive Coatings. Each manufacturer of rust preventive coatings

shall report the following information for products sold in Illinois, upon

request of the Agency, within 90 30 days written notice:

1) The number of gallons of rust preventive coatings sold in the state

during the preceding calendar year; and

2) The method used by the manufacturer to calculate state sales.

c) Specialty Primers, Sealers, and Undercoaters. Each manufacturer of

specialty primers, sealers, and undercoaters shall report the following

information for products sold in Illinois, upon request of the Agency, within

90 30 days written notice:

I) The number of gallons of specialty primers, sealers, and

undercoaters sold in the state during the preceding calendar year;

and

8
2) The method used by the manufacturer to calculate state sales.

d) Toxic Exempt Compounds. For each architectural coating that contains

perchloroethylene or methylene chloride, the manufacturer shall report the

following information for products sold in Illinois, upon request of the

Agency, within 90 30 days written notice:

1) The product brand name and a copy of the product label with the

legible usage instructions;

2) The product category listed in Section 223.210(a) to which the

coating belongs;

3) The total sales in Illinois during the calendar year to the nearest

gallon; and

4) The volume percent, to the nearest 0.10 percent, of

perchloroethylene and methylene chloride in the coating.

e) Recycled Coatings.

1) Manufacturers of recycled coatings must submit a letter to the

Agency self-certifying their status as a Recycled Paint Manufacturer

upon request of the Agency, within 90 30 days written notice.

2) Each recycled coatings manufacturer shall report the following

information for products sold in Illinois, upon request of the

Agency, within 90 30 days written notice:

A) The number of gallons of recycled coatings sold in the state

during the preceding calendar year; and

B) The method used by the manufacturer to calculate state

sales.

0 Bituminous Coatings. Each manufacturer of "Bituminous Roof Coatings"

or "Bituminous Roof Primers" shall report the following information for

products sold in Illinois, upon request of the Agency, within 90 30 days

written notice:

1) The number of gallons of "Bituminous Roof Coatings" or

"Bituminous Roof Primers" sold in the state during the preceding

calendar year; and

2) The method used by the manufacturer to calculate state sales.
18. Amend Section 223.370 to clarify that the various test methods specified were

incorporated by reference. The notation was inadvertently omitted from the proposed

rule.

Section 223.370 Test Methods

The following test methods are incorporated by reference herein, and shall be used to test

coatings subject to the provisions of this Subpart:

a) Flame Spread Index. The flame spread index of a fire-retardant coating

shall be determined by the ASTM Designation E 84-99, "Standard Test

Method for Surface Burning Characteristics of Building Materials," as

incorporated by reference in Section 223.120, (see Section 223.307,

Fire-Retardant Coating) or an equivalent method approved by the CARB.

b) Fire-Resistance Rating. The fire-resistance rating of a fire-resistive coating

shall be determined by ASTM designation E 119-98, "Standard Test

Methods for Fire Tests of Building Construction Materials," as incorporated

by reference in Section 223.120, (see Section 223.307, Fire-Resistive

Coating) or an equivalent method approved by the CARB.

c) Gloss Determination. The gloss of a coating shall be determined by ASTM

Designation D 523-89 (1999), "Standard Test Method for Specular Gloss,"

(see Section 223.307, Flat Coating, Non-flat Coating, Non-flat - High-Gloss

Coating, and Quick Dry Enamel) or an equivalent method approved by the

CARB.

d) Metal Content of Coatings. The metallic content of a coating shall be

determined by SCAQMD Method 318-95, "Determination of Weight

Percent Elemental Metal in Coatings by X-Ray Diffraction," SCAQMD

"Laboratory Methods of Analysis for Enforcement Samples," as

incorporated by reference in Section 223.120, (see Section 223.307,

Metallic Pigmented Coating).

e) Acid Content of Coatings. The acid content of a coating shall be

determined by ASTM Designation D 1613-96, "Standard Test Method for

Acidity in Volatile Solvents and Chemical Intermediates Used in Paint,

Varnish, Lacquer and Related Products," as incorporated by reference in

Section 223.120, (see Section 223.307, Pre-Treatment Wash Primer) or an

equivalent method approved by the CARB.

f) Drying Times. The set-to-touch, dry-hard, dry-to-touch and dry-to-recoat

times of a coating shall be determined by ASTM Designation D 1640-95,

"Standard Methods for Drying, Curing, or Film Formation of Organic

Coatings at Room Temperature," as incorporated by reference in Section 

223.120, (see Section 223.307, QuickDry Enamel and Quick-Dry Primer,

10
Sealer, and Undercoater). The tack free time of a quick-dry enamel coating

shall be determined by the Mechanical Test Method of ASTM Designation

D 1640-95 or an equivalent method approved by the CARB.

g) Surface Chalkiness. The chalkiness of a surface shall be determined using

ASTM Designation D 4214-98, "Standard Test Methods for Evaluating the

Degree of Chalking of Exterior Paint Films," as incorporated by reference

in Section 223.120, (see Section 223.307, Specialty Primer, Sealer, and

Undercoater) or an equivalent method approved by the CARB.

h) Exempt Compounds – Siloxanes. Exempt compounds that are cyclic,

branched, or linear, completely methylated siloxanes, shall be analyzed as

exempt compounds for compliance with Section 223.340 by BAAQMD

Method 43, "Determination of Volatile Methylsiloxanes in Solvent-Based

Coatings, Inks, and Related Materials," BAAQMD Manual of Procedures,

Volume III, adopted November 6, 1996, as incorporated by reference in

Section 223.120, (see Section 223.307, Volatile Organic Material, and

subsection 223.340(b)).

Exempt Compounds - Parachlorobenzotrifluoride (PCBTF). The exempt

compound parachlorobenzotrifluoride, shall be analyzed as an exempt

compound for compliance with Section 223.400 by BAAQMD Method 41,

"Determination of Volatile Organic Compounds in Solvent-Based Coatings

and Related Materials Containing Parachlorobenzotrifluoride," BAAQMD

Manual of Procedures, Volume III, adopted December 20, 1995, as

incorporated by reference in Section 223.120, (see Section 223.307,

Volatile Organic Material, and subsection 223.340(b)).

Exempt Compounds. The content of compounds exempt under USEPA

Method 24 shall be analyzed by SCAQMD Method 303-91 (Revised 1993),

"Determination of Exempt Compounds," SCAQMD "Laboratory Methods

of Analysis for Enforcement Samples," as incorporated by reference in

Section 223.120, (see Section 223.307, Volatile Organic Material, and

subsection 223.340(b)).

k) VOM Content of Coatings. The VOM content of a coating shall be

determined by USEPA Method 24 as it exists in Appendix A of 40 Code of

Federal Regulations (CFR) Part 60, "Determination of Volatile Matter

Content, Water Content, Density, Volume Solids, and Weight Solids of

Surface Coatings," as incorporated by reference in Section 223.120, (see

subsection 223.340(6)) or an equivalent method approved by the CARB.

1) Alternative VOM Content of Coatings. The VOM content of coatings may

be analyzed by either USEPA Method 24 or SCAQMD Method 304-91

(Revised 1996), "Determination of Volatile Organic Compounds (VOC) in

Various Materials," SCAQMD "Laboratory Methods of Analysis for

11
Enforcement Samples," (see subsection 223.340(N) as incorporated by

reference in Section 223.120,.

m) Methacrylate Traffic Marking Coatings. The VOM content of methacrylate

muticomponent coatings used as traffic marking coatings shall be analyzed

by the procedures in 40 CFR part 59, subpart D, appendix A,

"Determination of Volatile Matter Content of Methacrylate

Multicomponent Coatings Used as Traffic Marking Coatings," (September

11, 1998), as incorporated by reference in Section 223.120, (see subsection

223.360) or an equivalent method approved by the CARB.

19.Amend Section 223.407 to change the term "Part" to Subpart" in the following

definitions. The term Subpart more accurately describes the meaning of the words.

"Primer" means for purposes of this Subpart Part, a coating labeled and formulated for

application to a substrate to provide a firm bind between the substrate and subsequent

coats.

"Retail Outlet" means for purposes of this Subpart PeFt, any establishment at which

consumer products are sold, supplied, or offered for sale directly to consumers.

20. Amend Section 223.450, to clarify that companies have 90 days, not 30, to submit the

pertinent information to the Illinois EPA. The 30 day limit was of concern to members

of the public.

a) Any responsible party for an aerosol coating product subject to this article

which is sold, supplied, or offered for sale in Illinois, must supply the

Agency, upon request, with the following information within 90 30 days of

the effective date of this Subpart: the company name, mail address, contact

person, and the telephone number of the contact person. For responsible

parties who do not manufacture their own aerosol coating products, the

responsible party shall also supply the information specified in this

subsection (a) for those manufacturers which produce products for the

responsible party. The responsible party shall also notify the Agency

within 90 30 days of any change in the information supplied to the Agency

pursuant to this subsection (a).

b) Upon 90 30 days written notice, each manufacturer or responsible party

subject to this Subpart shall submit to the Agency a written report with all

of the following information for each product they manufacture under their

name or another company's name:

12
21. Amend Section 223.450(b) to add a space after the caption "Product formulation

data:" and before the word "For.- The space was inadvertently left out of the original

text.

6) Product formulation data: For products subject to the reactivity

limits specified in Section 223.410(c), the WMIR and the weight

fraction of all ingredients including: water, solids, each ROC, and

any compounds assigned a MHZ value of zero as specified in

Section 223.410(j), and Appendices A or B to this Part. Each ROC

must be reported as an ingredient if it is present in an amount

greater than or equal to 0.1% by weight of the final aerosol coatings

formulation. If an individual ROC is present in an amount less than

0.1% by weight, then it does not need to be reported as an

ingredient. In addition, an impurity that meets the following

definition does not need to be reported as an ingredient.

22. Amend Section 223.460(a) and (b) to clarify that several of the various test methods

specified were incorporated by reference. The notation was inadvertently omitted

from the proposed rule.

Section 223.460 Test Methods

Compliance with the requirements of this Subpart shall be determined by using the

following test methods, which are incorporated by reference herein. Alternative test

methods which are shown to accurately determine the VOM content, ingredient name and

weight percent of each ingredient, exempt compound content, metal content, specular

gloss, or acid content may also be used after approval in writing by the Agency:

a) The VOM content of all aerosol coating products subject to the provisions

of this Subpart shall be determined by the procedures set forth in "Air

Resources Board Method 310, Determination of Volatile Organic

Compounds (VOM) in Consumer Products and Reactive Organic

Compounds in Aerosol Coating Products," adopted September 25, 1997,

and as last amended on May 5, 2005, as incorporated by reference in

Section 223.120.

b) Testing for Products Subject to the Reactivity Limits Specified in Section

223.410(b).

1) The ingredients and the amount of each ingredient of all aerosol

coating products subject to the provisions of this Subpart shall be

determined by the procedures set forth in "Air Resources Board

Method 310, Determination of Volatile Organic Compounds (VOM)

in Consumer Products," adopted September 25, 1997 and as last

amended on May 5, 2005, as incorporated by reference in Section

223.120.

13
2) Upon written notification from the Agency, the aerosol coating

manufacturer shall have 10 working days to provide to the Agency

the following information for products selected for testing:

A) The product category as defined in Section 223.407;

B) The PWMIR;

C) The weight fraction of all ingredients including: water,

solids, each ROC, and any compounds assigned a MIR value

of zero as specified in sections 223.410(j), and Appendices

A and B to this Part. Each ROC must be reported as an

ingredient if it is present in an amount greater than or equal

to 0.1% by weight of the final aerosol coatings formulation.

If an individual ROC is present in an amount less than 0.1%

by weight, then it does not need to be reported as an

ingredient. In addition, an impurity that meets the following

definition does not need to be reported as an ingredient.

For the purpose of this section, an "impurity" means an

individual chemical compound present in a raw material

which is incorporated into the final aerosol coatings

formulation, if the compound is present below the following

amounts in the raw material:

For individual compounds that are carcinogens, as

defined in 29 CFR Section 1910.1200(d)(4), as

incorporated by reference in Section 223.120, each

compound must be present in an amount less than

0.1% by weight in order to be considered an

"impurity."

ii) For all other compounds present in a raw material, a

compound must be present in an amount less than

one percent by weight in order to be considered an

"impurity";

D) Any other information necessary to determine the PWMIR

of the aerosol coating products to be tested.

3) Final determination of the PWMIR of the aerosol coatings shall be

determined using the information obtained from Appendix A and B.

14
23. Amend Section 223.APPENDIX A, the "*" to clarify that the California Code section

specified was incorporated by reference. The notation was inadvertently omitted from

the proposed rule

ULMIR (as defined in Section 94521(a)(71), title 17, California Code of

Regulations,incorporated by reference in Section 223.120).

24. Amend Section 223.APPENDIX B, the "* " to clarify that the California Code section

specified was incorporated by reference. The notation was inadvertently omitted from

the proposed rule

* ULMIR (as defined in Section 94521(a)(71), title 17, California Code of

Regulations,incorporated by reference in Section 223.120).

Respectfully submitted,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

Charles E. Matoesian

Assistant Counsel

DATED:

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

(217) 782-5544

15
-Va

Notary Public P

STATE OF ILLINOIS

) SS.

COUNTY OF SANGAMON

PROOF OF SERVICE

I, the undersigned, on oath state that I have served the attached Illinois Environmental

Protection Agency's Second Errata Sheet to its Proposal for the Addition of 35 Ill. Adm. Code

223 upon the person to whom it is directed, by placing it in an envelope addressed to:

TO:	John T. Therriault, Assistant Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 W. Randolph Street, Suite 11-500

Chicago, Illinois 60601

Matthew Dunn, Chief

Office of Attorney General

188 West Randolph Street, 20 th Floor

Chicago, Illinois 60601

HODGE DWYER ZEMAN

Katherine Hodge

Monica Rios

Lauren Lurkins

3150 Roland Avenue

Post Office Box 5776

Springfield, Illinois 6 2 7 0 5 -5 7 7 6

Timothy Fox, Hearing Officer

Illinois Pollution Control Board

James R. Thompson Center

100 W. Randolph Street, Suite 11-500

Chicago, Illinois 60601

Mark Biel

Chemical Industry Council of Illinois

400 West Monroe, Suite 205

Springfield, Illinois 62704

Virginia Yang

Office of Legal Services

Illinois Department of Natural Resources

One Natural Resources Way

Springfield, Illinois 62702

and mailing it by First Class Mail from Springfield, Illinois on June 2, 2008 with sufficient

postage affixed.

SUBSCRIBED AND SWORN TO BEFORE ME

this rd day of June, 2008

[

eaFt.4444444.4.4444.4.44.

CYNTHIA SEAL CYNT

OF

HIA L. WOLFE

NOTARY PUBLIC, STATE OF ILLINOIS . MY commissoN EXPIRES 104-2011 ) 04044.44444.000.44.'

THIS FILING IS SUBMITTED ON RECYCLED PAPER