C 1
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

TABLE OF CONTENTS

IN THE MATTER OF:

REASONABLY AVAILABLE CONTROL

TECHNOLOGY (RACT) FOR VOLATILE

ORGANIC MATERlAL EMISSIONS FROM

GROUP N CONSUMER & COMMERCIAL

PRODUCTS: PROPOSED AMENDMENTS

TO 35 ILL. ADM. CODE21l, 218, and 219

1. Notice of Filing

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Rl0- ;,1)

(Rulemaking-Air)

RECEIVED

CLERK'S OFFICE

MAR 06 2010

STATE OF iLLINOIS

Pollution Control Board

2. Appearance ofDana Vetterhoffer, Assistant Counsel for the D1inois Environmental

Protection Agency

3. Proposal ofRegulations by Director Douglas P. Scott

4. Certificatlon of Required Rule

5. Certification of Origination

6. Agency Analysis ofEconomic and Budgetary Effects

7. Motion for Waiver of Copy Requirements

8. Fast Track Rulemaking Cover Sheet

9. Statement ofReasons

10. Proposed Amendments to 35 IlL Adm. Code Parts 211, 218, and 219

11. Technical Support Documenlfor Control ofVolatUe OrganiC Material Emissions in

Non-Attainment Areasfrom Miscellaneous Metal and Plastic Parts Coatings;

Automobile and Light-Duly Truck Assembly Coatings; Miscellaneous Industrial

Adhesives; and Fiberglass Boat Manufacturing Materials, AQPSTR 10-01, Illinois

Environmental Protection Agency, January 2010

12. Documents Relied Upon:

Control Techniques Guidelinesfor Miscellaneous Metal and Plastic Parts Coatings,

United States Environmental Protection Agency, Office ofAir Quality PlaMing and

Standards, Research Triangle Park, NC, September 2008.

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Control Techniques Guidelinesfor AUlomobile and Light-Duty Truck Assembly

Coatings, United States Environmental Protection Agency, Office ofAir Quality

Planning and Standards, Research Triangle Park, NC, September 2008.

Control Techniques Guidelinesfor Miscellaneous Industrial Adhesives, United States

Environmental Protection Agency, Office ofAir Quality Planning and Standards,

Research Triangle Park, NC, September 2008.

Control Techniques Guidelines for Fiberglass Boat Manufacturing Materials, United

States Environmental Protection Agency. Office ofAir Quality Planning and

Standards, Research Triangle Park. NC, September 2008,

Consumer and Commercial Products. Group IV: Control Techniques Guidelines in

Lieu ofRegulationsfor Miscellaneous Melal Products Coatings. Plastic Paris

Coatings. Auto and Light-Duty Truck Assembly Coatings. Fiberglass Boat

Manufacturing Materials. and Miscellaneous Industrial Adhesives, 73 FR 58481-

58491 (October 7, 2008).

National Emission Standardsfor Hazardous Air Pollutants: Surface Coating of

Automobiles and Light-Duty Trucks; National Emission Standards for Hazardous Air

Pollutantsfor Surface Coaling ofPlastic ParIS and Products, 72 FR 20227-20237

(April 24, 2007).

Illinois Environmental Protection Act (415 ILCS 5tel seq.)

Clean Air Act (42 U.S.C 7401 et seq.)

Incorporations by reference:

"Protocol for Determining the Daily Volatile Organic Compound Emission Rate

ofAutomobile and Light-Duty Truck Primer-Surfacer and Topcoat Operations,"

September 2008, United States Environmental Protection Agency, Washington,

D.C., EPA-453/R-08-002

40 CFR 63, Subpart PPPP, Appendix A (2008).

46 CFR, Subchapter Q (2007).

46 CFR Subchapter T (2008).

A.S.T.M.D-523-80.

A.S.T.M.D-523-89.

Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Section 136

(2009).

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American Architectural Manufacturers Association Specification 2604-05

(Voluntary Specification, Perfonnance Requirements and Test Procedures for

High Perfonnance Organic Coatings on Aluminum Extrusions and Panels)

(2005).

American Architectural Manufacturers Association Specification 2605-05

(VoJuntary Specification, Perfonnance Requirements and Test Procedures for

Superior Performing Organic Coatings on Aluminum Extrusions and Panels)

(2005).

13. Certificate ofService

14. First Notice Fonns

15. Disk in Microsoft WORD containing Agency's Proposed Amendments to Parts 211,

218, and 219, and First Notice Fonns

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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

NOTICE

IN THE MAttER OF:

REASONABLY AVAILABLE CONTROL

TECHNOLOGY (RACT) FOR VOLATILE

ORGANlC MATERJAL EMISSIONS FROM

GROUP IV CONSUMER & COMMERCIAL

PRODUCTS: PROPOSED AMENDMENTS

TO 35 ILL. ADM. CODE 211, 218, and 219

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RIO.;;,O

(RuJemak:ing-Air)

RECEIVED

ClERK'S OFFICe

MAll 08 2010

STATE OF IWNOIS

Pollution COl'llfoiBoard

To: John Therriault, Assistant Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph, Suite 11-500

Chicago, Il1inois 60601-3218

Virginia Yang

Deputy Legal Counsel

Illinois Department of Natural Resources

One Natural Resources Way

Springfield, IL 62702

Matthew Dunn, Chief .

Division of Environmental Enforcement

Office ofthe Attorney General

69 W, Washington, Suite 1800

Chicago, IL 60602

PLEASE TAKE NOTICE that I have today filed with the Office ofthe Pollution Control

Board the REGULATORY PROPOSAL entitled "REASONABLY AVAILABLE CONTROL

TECHNOLOGY (RACT) FOR VOLATILE ORGANIC MATERIAL EMISSIONS FROM

GROUP IV CONSUMER & COMMERCIAL PRODUCTS: PROPOSED AMENDMENTS TO

35 ILL. ADM. CODE 211, 218, and 219," MOTION FOR WAlVEROF COPY

REQUIREMENTS, and APPEARANCE ofthe Illinois Environmental Protection Agency, a

copy ofwhich is herewith served upon you.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

By:((<,yv;..,.. Jrdi;;;j~ Dana Vetterhoffer.

Assistant Counsel

Division of Legal Counsel
DATED: March 3, 2010

] 021 N. Grand Ave. East

P.O. Box 19276

Springfield, IL 62794-9276

(217) 782-5544

THIS fiLING IS SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF

REASONABLY AVAILABLE CONTROL

TECHNOLOGY (RACT) FOR VOLATILE

ORGANIC MATERIAL EMISSIONS FROM

GROUP N CONSUMER & COMMERCIAL

.PRODUCTS: PROPOSED AMENDMENTS

TO 35 ILL. ADM. CODE 211, 218, and 219

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APPEARANCE

The undersigned hereby enters her appearance as an attorney on behalf of the illinois

Environmental Protection Agency.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

By: C'-o-ha- r!d/z..&~ Dana Vetterhoffer

Assistant Counsel

Division ofLegal Counsel

DATED: March 3, 2010

1021 N. Grand Ave. East

P.O. Box 19276

Springfield, 11 62794-9276

(217) 782-5544
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF:

REASONABLY AVAILABLE CONTROL

TECHNOLOGY (RACT) FOR VOLATILE

ORGANIC MATERIAL EMISSIONS FROM

GROUP IV CONSUMER & COMMERCIAL

PRODUCTS: PROPOSED AMENDMENTS

TO 351L1. ADM. CODE 211,218, and 219

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RIO- ;I?

(Rulemaking-Air}

RlEC&!'VED

CLERK'S OFFICE

MAR UIJ 2010

STATE OF IlliNOIS

Pollution Conltol Board

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY PROPOSAL OF

REGULATIONS

The lIIinois Environmental Protection Agency moves that the lIlinois Pollution Control

Board adopt the attached regulations.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

By:~P20A Director

DATED: JoouMj 12. ,2010

1021 N. Grand Ave. East

P,O. Box 19276

Springfield, IL 62794-9276

(217) 782-5544
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

CERTIFICATION OF REOillRED RULE

IN THE MAITER OF:

REASONABLY AVAILABLE CONTROL

TECHNOLOGY (RACn FOR VOLATILE

ORGANIC MATERIAL EMISSIONS FROM

GROUP N CONSUMER & COMMERCIAL

PRODUCTS: PROPOSED AMENDMENTS

TO 35 ILL. ADM. CODE 211, 218, and 219

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RI0-~ (Rulemaking-Air)

fU:!CEIV'ED

CLERK'S OFFICE

MAR 08 2010

STATE OF fLUNOIS

Pollution Control Board

The Illinois Environmental Protection Agency certifies in accordance with 35 Ill. Adm.

Code 102.202(h) and 102.500, and 415 ILCS 5128.2(b), that it believes that this proposal for

amendments to 35 Ill. Adm. Code 211, 218, and 219 is a federally required rule under Sections

172(c)(1) and 182(b)(2) ofthe Clean Air Act ("CAA"). 42 U.S.C. §§ 7502(c)(I) and

75l1a(b)(2).

The proposal for amendments is needed to satisfy Illinois' obligation to submit a State

Implementation Plan ("SIP") for sources of volatile organic materials ("VOM") emissions in

areas designated as nonattainment with respect to the ozone National Ambient Air Quality

Standard. Section 172(c)(1) of the CAA provides that states must include in their SIPs for

nonattainment areas ''reasonably available control measures," including "reasonably available

control technology" ("RACT''), for sources of emissions. 42 U.S.C. § 7502(c)(I). Section

182(b)(2) ofthe CAA provides that, for ozone nonattainment areas, the State must revise its SIP

to include RACT for sources of YOM emissions covered by a control techniques guideline

("CTG") issued between November 15, 1990, and the date ofattainment. 42 U.S.C. §

75lla(b)(2).

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The proposed amendments are intended to establish RACT requirements for Group IV

Consumer and Commercial Product categories in response to CTGs issued by the United States

Environmental Protection Agency on October 7, 2008, and thereby satisfy the CAA requirements

described above.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

By Cl',c?Uy:l.

Dana Vetterhoffe;

Assistant Counsel

Division of Legal Counsel

DATED: March 3, 2010

1021 N. Grand Ave. East

P.O. Box 19276

Springfield, IL 62794-9276

(217)'782-5544

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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN TIlE MATTER OF:

REASONABLY AVAILABLE CONTROL

TECHNOLOGY (RACT) FOR VOLATILE

ORGANIC MATERIAL EMISSIONS FROM

GROUP IV CONSUMER & COMMERCIAL

PRODUCTS: PROPOSED AMENDMENTS

TO 35 ILL. ADM. CODE 211,218, alld 219

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RIO- dO

(Rulemaking-Air)

RECEIVED

CLERK'S OFFICE

MAR a820m

STATE OF lLUNOIS

Pollution ControlBoIiid

CERTIFICATION OF ORIGINATION

The Illinois Environmental Protection Agency certifies in accordance with 35 111. Adm.

Code 102.202(1) that this proposal for amendments to 35 TIL Adm. Code 211,218, and 219

amends the most recent version ofthe rules as published on the Illinois Pollution Control

Board's website.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

By: Qy>.i>4 Dana Vetterhoffer \~

Assistant Counsel

Division of Legal Counsel

DATED: March3,20JO

1021 N. Grand Ave. East

P.O. Box 19276

Springfield, IL 62794-9276

(217) 782-5544
Agency:

Part!Title:

Agency Analysis of Economic and

Budgetary Effects of Proposed RuJemaking

TIlinois Pollution Control Board

Definitions and General Provisions (35 III. Adm. Code Part 21 J)

Illinois Register Citation: _

Please attempt to provide as dollar-specific responses as possible and feel free to add any relevant

explanation.

J. Anticipated effecl on State expenditures and revenues.

(a) Current cost to the agency for this program/activity.

(approximately)

$ 0 per year

(b) If this rulemaking will result in an increase or decrease in cost, specify the fiscal year in

which this change will first occur and the dollar amount of the effect.

N/A

(c) Indicate the funding source, including Fund and appropriation lines, for this

program/activity. N/A

(d) If an increase or decrease in the costs of another State agency is anticipated, specifY the

fiscal year in which this change will first occur and the estimated dollar amount of the

effect. N/A

(e) Will this rulemaking have any effect on State revenues or expenditures not already

indicated above? No

2. Economic effect on persons affected by the rulemaking:

Cal Indicate the economic effect and specify the persons affected:

Positive _ Negative __ No effect-X

Persons affected: Owners and operators of affected automobilo and light duty truck

assembly coating lines, miscellaneous metal parts and products coating lines, plastic parts

and products coating lines. sources using miscellaneous industrial adhesives. and sources

using fiberglass boat manufacturing materials.

Dollar amount per pcrson: _0_

Total statewide cost: __0

(b) If an economic effect is predicted, please briefly describe how the effect will occur. N/A
(c) Will the rulemaking have an indirect effect that may result in increased

administrative costs? No Will there be any change in requirements such as filing,

documentation, reporting or completion of fonns? No

The proposed changes to Part 211 should have no indirect effect that mav result in

increased administrative costs.
Agency:

Agency Analysis of Economic and

Budgetary Effects of Proposed Rulemaking

Illinois Pollution Control Board

ParlITitle: Organic Material Emission Standards and Limitations for the Chicago Area C35

Ill. Adm. Code Part 218)

Illinois Register Citation: ~_

Please attempt to provide as dollar-specific responses as possible and feel free to add any relevant

explanation.

1. Anticipated effect on State expenditures and revenues.

Ca) Current cost to the agency for this program/activity. . -$50.300 per year

(b) II this rulemaking will result in an increase or decrease in cost, specify the fiscal

year in which this change will first occur and the dollar amount ofthe effe.:t. '

N/A

(c) Indicate the funding source, including Fund and appropriation lines, for this

program/activity. N/A

(d) II an increase or decrease in the costs of another State agency is anticipated,

specify the fiscal year in which this change will first occur and the estimated

dollar amount ofthe effect. N/A

(e) Will this rulemaking have any effect on State revenues or expenditures not

already indicated above? No

2. Economic effect on persons affected by the rulemaking:

(a) Indicate the economic effect and specify the persons affected:

Positive _ Negative No effect __

Persons affected: See list of potentially affected sources in TSD.

Dollar amount per person:

Affected miscellaneous metal and plastic parts coating operations: $0-1760Iton

Affected automobile and light-duty truck assembly coating operations: $0

Affected miscellaneous industrial adhesive sources: $0-270Iton

Affected fiberglass boat manufacturing facilities: :;;0

Total statewide cost

Affected miscellaneous metal and plastic parts coating operations: $2820/day

Affected automobile and Iight-duty truck assembly coating operations: $0

Affected miscellaneous industrial adhesive sources: $97/day
Affected fiberglass boat manufacturing facilities: $0 (no affected sources)

(b) If an economic effect is predicted, please briefly describe how the effect will

occur. Costs due to control measures and switching to low-VOM materials at

affected sources, as described in TSD.

(c) Will the rulemaking have an indirect effect that may result in increased

administrative costs? Will there be any change in requirements such as

filing, documentation, reporting or completion of forms?

The rulemaklng will require a small amount of additional reporting but

should have no more than a negligible indirect effect that maY result in

increased administrative costs.
Agency:

Agency Analysis of Economic and

Budgetary Effects of Proposed Rulemaking

Illinois Pollution Control Board

Partffitle: Organic Matcrial Emission Standards and Limitations for the Metro East Area

(35 m. Adm. Code Part 219)

minois Rcgister Citation: _

Please attempt to provide as dollar-specific responses as possible and feel fre:: to add any relevant

explanation.

1. Anticipated effect on State expenditures and revenues.

(a) Current cost to the agency for this program/activity. -$5,500 per vear

(b) If this rulemaking will result in an increasc or decrease in cost, specify the fiscal

year in which this change will first OCcur and the dollar amount of the effect.

NIA

(c) Indicate the funding source, including Fund and appropriation lines, for this

program/activity. NIA

(d) If an increase or decrease in the costs of another State agency is anticipated,

specify the fiscal year in which this cbange will first occur and the estimated

dollar amount of the effecl. NIA .

(e) Will this ruteroaking have any effect on State revenues or expenditures not

already indicated above? No

2. Economic effect on persons affected by the rutemaking:

Ca) Indicate the economic effect and specify the persons affected:

Positive _ Negative --.K..- No effect__

Persons affected: See Ust of potentiallv affected sources in TSD.

Dollar amount per person:

Affccted miscellaneous metal and plastic parts coating operations: $0-1760/ton

Affected automobile and light-duty truck assembly coating operations: $0

Affccted miscellaneous industrial adhesivc sources: $0-270/ton

Affected fiberglass boat manufacturing facilities: $0

Total statewide cost

AfIected miscellimeous metal and plastic parts coating operations: $374/day

Affected automobile and lighHluty truck assembly coating operations: $0 (no

affected sources)
Affected miscellaneous industrial adhesive sources: $IO/day

Affected fiberglass boat manufacturing facilities: $0 (no affected sources)

(b) If an economic effect is predicted, please briefly describe how the effect will

occur. Costs due to control measures or switching to low-VOM materials at

sources, as described in TSD.

(c) Will the rulemaking have an indirect effect that may result in increased

administrative costs? Will there be any change in requrrements such as

filing, documentation, reporting or completion offorms?

The rulemak.ing will require a small amount of additional reporting but

should have no more than a negligible indirect effect that may result in

increased admioist.-ativc costs.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATIER OF:

REASONABLY AVAILABLE CONTROL

TECHNOLOGY (RACT) FOR VOLATILE

ORGANIC MATERJAL EMISSIONS FROM

GROUP IV CONSUMER & COMMERCIAL

PRODUCTS PROPOSED AMENDMENTS

TO 35 ILL. ADM. CODE 211, 218, and 219

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RIO-

(Rulemaking-Air)

RECEiVED

CLERK'S OFFICE

MAR U820m

STATE OF IWNOIS

MOTION FOR WAIVER OF COPY REOillREMENf-gl1ution Control Board

The Proponent, the lIlinois Environmental Protection Agency ("Illinois EPA"), by its

attorney, and pursuant to 35 Ill. Adm. Code I01.500, 102.110, 102.200, and 102.402,

respectfully moves that the TIlinois Pollution Control Board ("Board") waive the requirement that

the Illinois EPA submit the original and nine copies ofthe regulatory proposal including all

documents relied upon, and waive the requirement that the Illinois EPA provide copies of certain

documents relied upon. In support ofits Motion, Illinois EPA states as follows:

1. Section 102.200 ofthe Board's procedural rules requires that the original and nine

copies of each regulatory proposal be filed with the Clerk. 35 TIl. Adm. Code Section 102.200.

Section 27(a) ofthe Environmental Protection Act also requires that the Illinois EPA provide

infonnation supporting a regulatory proposal. 415 ILCS 5!27(a).

2. The Illinois EPA directly relied upon several documents when drafting the regulatory

proposal, and incorporated by reference certain documents as welL The documents relied

upon/incorporated by reference are as follows:

a. Control Techniques Guidelinesfor Miscellaneous Metal and Plastic Paris Coatings,

United States Environmental Protection Agency, Office ofAir Quality Planning and

Standards, Research Triangle Park, NC, September 2008.

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b. Control Techniques Guidelinesfor Automobile and Light-Duty Truck Assembly

Coatings, United States Environmental Protection Agency, Office ofAir Quality

Planning and Standards, Research Triangle Park, NC, September 2008.

c. Control Techniques Guidelinesfor Miscellaneous Industrial Adhesives, United States

Environmental Protection Agency, Office of Air Quality Planning and Standards,

Research Triangle Park, NC, September 2008.

d. Control Techniques Guidelinesfor Fiberglass Boat Manufacturing Materials, United

States Eovironmental Protection Agency, Office ofAir Quality Planning and

Standards, Research Triangle Park, NC, September 2008.

e. Consumer and Commercial Products, Group IV: Control Techniques Guidelines in

Lieu ofRegulationsfor Miscellaneous Metal Products Cootings, Plastic Ports

Coatings, Auto and Light-Duty Truck Assembly Coatings, Fiberglass Boat

Manufacturing Materials, and Miscellaneous Industrial Adhesives, 73 Fed. Reg.

58481-58491 (October 7, 2008).

f. National Emission Standardsfor Hazardous Air Pollutants: Surface Coating of

Automobiles and Light-Duty Trucks; National Emission Standards for Hazardous Air

Pollutantsfor Surface Coating ofPlastic Pans and Products, 72 Fed. Reg. 20227-

20237 (April 24, 2007).

g. Dlinois Environmental Protection Act (415 ILCS 51et seq.).

h. Clean A;r Act (42 U .S.c. 7401 et seq.).

1. IncOl])oratioos by reference:

1. "Protocol for Determining the Daily Volatile Organic Compound Emission Rate

ofAutomobile and Light-DUty Truck Primer-Surfacer and Topcoat Operations",

September 2008, United Stales Environmental Protection Agency, Washington,

D.C., EPA--4531R-08-002.

2. 40 CFR 63, Subpart PPPP. Appendix A (2008).

3. 46 CFR, Subchapter Q (2007).

4. 46 CFR, Subchapter T (2008).

5. A.ST.M. D-523-80.

6. A.S.T.M D-523-89.

7. Federal Insecticide. Fungicide, and Rodenticide Act, 7 U.S.C. Section 136

(2009).

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8. American Architectural Manufacturers Association Specification 2604-05

(Voluntary Specification, Perfonnance Requirements and Test Procedures for High

Performance Organic Coatings on Aluminum Extrusions and Panels) (2005).

9. American Architectural Manufacturers Association Specification 2605-05

(Voluntary Specification, Perfonnance Requirements and Test Procedures for

Superior Performing Organic Coatings on Aluminum Extrusions and Panels)

(2005).

3. Several of the documents described above--the Illinois Environmental Protection Act,

Clean Air Act, several portions ofthe Code ofFederal Regulations, and the Federal Insecticide,

Fungicide, and Rodenticide Act--are readily accessible to or are within the possession ofthe

Board. Given the ease of accessibility ofthese documents, listed as items (g), (h), (i)(2), (i)(3),

(i)(4), and (i)(7) above, the illinois EPA moves that the Board waive the requirement that the

nIinois EPA provide copies ofsuch documents.

4. Section 5-75(a) of the Illinois Administrative Procedure Act ("lAPA') provides that

an agency may incorporate by reference the regulations, standards, and guidelines of an agency

ofthe United States or a nationally recognized organization or association without publishing the

incorporated material in full. 5 ILCS 100/5-75(a). Section 5-75(c) ofthe lAPA provides,

however, that such agency shall maintain a copy ofthe referenced material in at least one ofits

principal offices and shall make it available to the public upon request. 5 ILCS 100/5-75(c).

5. In developing this proposed rulemaking, the Illinois EPA incorporated by reference

two documents published by the American Society for Testing and Materials ("ASTM") and two

voluntary specifications published by the American Architectural Manufacturers Association

("AAMA"), listed above as items (i)(5), (i)(6), (i)(8), and (i)(9). The documents are cop)iTight

protected and must be downloaded at a cost to the Illinois EPA. The Illinois EPA is also subject

to additional fees for each copy provided to the Board. In order to keep costs incurred by the

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Illinois EPA at a minimum, Illinois EPA requests that the Board waive the nonnal copy

requirements and allow the Illinois EPA to file only the originals of such documents. Attached

with the ASTMs is a copy of the License Agreement utilized by the owner ofthe copyright, and

attached with the AAMA specifications is a copy ofthe copyright notice. The Illinois EPA

directs the Board's attention to such documents so that the Board may confono its handling of

the standards consistent with those agreements.

6. The remaining documents in the regulatory proposal consist of over 700 pages. Given

the length of the proposal and the resources required to provide nine copies, Illinois EPA

requests that the Board waive the normal copy requirements and allow Illinois EPA to file the

original and four complete copies ofsuch documents.

WHEREFORE, the illinois EPA moves that the Board waive the requirement that the

Illinois EPA provide copies ofthe documents listed as items (g), (Ii), (i)(2), (i)(3), (i)(4), and

(i)(7); waive the requirement that the Illinois EPA provide an original and nine copies ofthe

copyrighted materials listed as items (i)(5), (i)(6), (i)(8), and (i)(9), allowing the Dlinois EPA to

provide only the originals ofsuch documents; and waive the requirement that the Illinois EPA

provide an original and nine copies ofthe remaining documents in its proposal, allowing the

Illinois EPA to provide the original and four copies.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

By CD:>

Dana

J/\A...

Vetterhoffer

IW

!di~ Assistant Counsel

Division oftegal Counsel

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DATED: March 3, 2010

1021 N. Grand Ave, East

P.O. Box 19276

Springfield. 11, 62794-9276

(217) 782-5544

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THISISA

FAST TRACK

RULEMAKING

FILED IN ACCORDANCE WITH

SECTION 28.5 OF THE ENVIRONMENTAL

PROTECTION ACT (415 ILCS 5/28.5)
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

STATEMENT OF REASONS

IN THE MAITER OF:

REASONABLY AVAILABLE CONTROL

TECHNOLOGY (RACT) FOR VOLATILE

ORGANIC MATERIAL EMISSIONS FROM

GROUP IV CONSUMER & COMMERCIAL

PRODUCTS: PROPOSED AMENDMENTS

TO 35 ILL. ADM. CODE 211, 218, and 219

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RIO· dP

(Rulemaking-Air)

RECEIVED

CLERK'S OFFICE

MAI{ UII 2010

I. INTRODUCTION STATE OF lLUNOIS

Pollution Control Board

The TIlinois Environmental Protection Agency ("Illinois EPA'') submits this

Statement ofReasons to the TIlinois Pollution Control Board ("Board") pursuant to

Sections 10,27,28, and 28.5 of the Environmental Protection Act ("Act'') (415 ILCS

5/10,27,28, and 28.5) and 35 Ill. Adm. Code 102.202 in support of the attached proposal

ofregulations. These regulations are proposed to control emissions of Volatile Organic

Material ("VOM"), which is effectively the same as volatile organic compounds

("VOC"), from the following Group IV Consumer and Conunercial Product Categories:

Miscellaneous Metal and Plastic Parts Coatings, Auto and Light-Duty Truck Coatings,

Miscellaneous Industrial Adhesives, and Fiberglass Boat Manufacturing Materials,

This proposed rulemaking is intended to meet certain obligations of the State of

Illinois under the federal Clean Air Act ("CAN'), 42 U.S.C § 7401 et seq. Specifically,

the rulemaking is intended to satisfy Illinois' obligation to submit a State Implementation

Plan ("SIP") to address requirements under Sections 172 and 182 of the CAA for sources

ofVOM emissions in areas designated as nonattainment with respect to the ozone

National Ambient Air Quality Standard ("NAAQS"). See 42 U.S.c. §§ 7502 and 7511a
Section 172(c)(I) of the CAA provides that states must include in their Sll's for

nonattainment areas ("NMs") "reasonably available control measures" ("RACM"),

including "reasonably available control technology" ("RACT"), for sources of emissions.

42 U.S.C. § 7502(c)(1). Section 182(b)(2) ofthe CAA provides that, for ozone NAAs,

the State must revise its SIP to include RACT for sources ofVOM emissions covered by

a control techniques guideline ("CTG") issued between November 15, 1990, and the date

of attainment. 42 U.S.C. § 7511a(b)(2).

Illinois is proposing reasonable and cost effective YOM controls for

Group IV Consumer and Commercial Product Categories in response to eTGs

issued for such categories. Included in this proposal are amendments to 35 Ill.

Adm. Code Part 218, Organic Material Emission Standards and Limitations for

the Chicago Area; 35 Ill. Adm. Code Part 219, Organic Material Emission

Standards and Limitations for the Metro East Area; and 35 Ill. Adm. Code Part

211, Definitions and General Provisions.

II. STATEMENT OF FACTS

The eMestablishes a comprehensive program for controlling and improving the

nation's air quality via state and federal regulations. The United Slates Environmental

Protection Agency ("USEPA") is charged with identifying air pollutants that endanger

the public health and welfare and with formulating the NMQS that specify the

maximum permissible concentrations ofthose pollutants in the ambient air pursuant to

Sections 108 and 109 ofthe CM. 42 U.S.C. §§ 7408-7409.

A. 8-Hour Ozone NAAOS

2
Ozone occurs both in the Earth's upper atmosphere and at ground level. YOM is

a primary precursor to the fonnation of ground-level ozone, which is fonned when oxides

of nitrogen and YOM react in the atmosphere in the presence of sunlight. Ground-level

ozone is a major component ofsmog. 73 Fed. Reg. 58482 (Oct. 7,2008). Exposure to

sufficient concentrations of ground-level ozone is associated with agricultural crop loss,

damage to forests and ecosystems, and a variety of human health conditions, including

acute respiratory symptoms, increased susceptibility to respiratory infection, and

pulmonary inflammation. 73 Fed. Reg. 58482.

On July 18,1997, USEPA revised the NAAQS for ozone by replacing the I-hour

standard with an 8-hour standard. 62 Fed. Reg. 38856 (July 18, 1997). In Illinois, there

are two areas designated as nonattainment (moderate) for the 8-hour ozone standard: 1)

the Chicago-Gary-Lake County, IL-IN designated area, which includes Cook, DuPage,

Grundy (partial-Goose Lake and Aux Sable Townships), Kane, Kendall (partial-Oswego

Township), Lake, McHenry, and Will Counties; and 2) the S1. Louis, MO-IL designated

area, which includes Jersey, Madison, Monroe, and St. Clair Counties. 40 CFR § 81.314,

B. CAAReguirements

1. Consumer and Commercial Products, Groun IV

Section I83(e) of the CAA required that USEPA conduct a study ofthe emissions

ofVOM into the ambient air from consumer and commercial products in order to

determine their potential to contribute to ozone levels which violate the ozone NAAQS

and to establish criteria for regulating emissions ofVOM from such products, 73 Fed.

Reg. 58482. Section 183(e) provides, "[T]he Administrator shall list those categories of

consumer or commercial products that the Administrator determines, based on the study,

3
account for at least 80 percent ofthe VOC emissions ... from consumer or commercial

products in areas that violate the NAAQS for ozone" and shall divide the categories into

groups. 42 U.S.C. § 7511b(e)(3)(A).

The CAA requires that USEPA then either regulate YOM emissions from such

categories or issue a CTG in lieu of a natiDnal regulation iftbe Administrator determines

that sucb guidance will be substantially as effective as regulations in reducing emissions

ofVOM which contribute to ozone levels in ozone NAAs. 42 U.S.C. § 7511b(e)(3)(C).

CTGs provide states with recommendations regarding what types of contrDls could

constitute RACT for YOM for the applicable source categories. 73 Fed. Reg. 58483.

States must either adopt regulations to implement the recommendatiDns in the CTG Dr

adopt alternative approaches that constitute RACT. either ofwhich must be submitted to

the USEPA for review and approval as part ofthe SIP process. 73 Fed. Reg. 58483.

On October 7.2008. the USEPA issued final CTGs for Group IV Consumer and

Commercial Product Categories. The USEPA required that states submit SIP revisions in

response to the CTGs within one year. 73 Fed. Reg. 58484.

2. RACT Requirements

USEPA designated the Chicago and Metro East areas in Illinois as nonattainment

(moderate) for the 8-hour ozone NAAQS. which triggered requirements under the CAA

fDr adDpting regulations that reduce emissions sufficiently to demDnstrate attainment of

the standard. Section 172(c)(l) of the CAA provides. in pertinent part:

(c) Nonattainrnent plan provisions

The plan provisions (including plan items) required to be submitted under this

part shall comply with each ofthe following:

(l) In general

4
Such plan provisions shall provide for the implementation of all

reasonably available control measures as expeditiously as

practicable (including such reductions in emissions from existing

sources in the area as may be obtained through the adoption, at a

minimum, oheasonably available control technology) and shall

provide for attainment ofthe national primary ambient air quality

standards.

42 U.S.C. § 7502(c)(1). A subset ofRACM is RACT, which is defined as the lowest

emission limitation that a particular source can meet by applying a control technique that

is reasonably available considering technological and economic feasibility. See 44 Fed.

Reg. 53762 (September 17, 1979).

Additionally, Section 182(b) ofthe CAA provides, in pertinent part:

(b) Moderate Areas

Each State in which all or part of a Moderate Area is located shall, with respect to

the Moderate Area, make the submissions described under subsection (a) of this

section (relating to Marginal Areas), and shaH also 'submit the revisions to the

applicable implementation plan described under this subsection.

(2) Reasonably available control technology

The State shall submit a revision to the applicable implementation

plan to include provisions to require the implementation of

reasonably available control technology under section 7502(c)(1)

ofthis title with respect to each ofthe following:

(A) Each category ofVOC sources in the area covered by a

CTG document issued by the Administrator between

November 15, 1990, and the date of attainment.

42 US.C. § 75Ila(b)(2).

Sections 172 and 182 ofthe CAA establish the requirement for Illinois to submit

VOM regulations constituting RACT for Group IV Consumer and Commercial Product

5
Categories in ozone NAAs classified as moderate and above. lllinois is required to

submit its SlP revisions by October 7, 2009.

C. Fast Track

This regulatory proposal is properly submitted to the Board under Section 28.5 of

the Act as a fast-track rulemaking. Section 28.5 provides, "When the [CAA] requires

rules other than identical in substance rules to be adopted, upon request by the Agency,

the Board must adopt rules under fast-track rulemaking requirements." A rule is

"required to be adopted" when the USEPA "is empowered to impose sanctions against

the State for failure to adopt such rules." 415 ILCS 5/28.5.

This rulemaking proposal satisfies such criteria. First, the proposed rule is not

identical in substance to any federal regulation. The CTGs at issue here are merely

guidance documents a state may utilize when making YOM RACT detenninations for·

Group IV product categories. Second, the proposed rule is required to be adopted. As

previously discussed, Sections 172 and 182 ofthe CAA require that Illinois submit as a

SIP revision YOM RACT regulations for Group IY categories in ozone NAAs. Pursuant

to Section 179 ofthe CAA, two sanctions are available to USEPA if TIlinois fails to do

so: I) the loss of highway funds; and 2) an increase in the emissions offset ratio for New

Source Review. 42 U.S.C. § 7509. Further, ifIllinois fails to make an adequate SlP

submission, USEPA has the authority to impose a Federal Implementation Plan pursuant

to Section 11 O(c)(l) ofthe CAA. 42 U.S.C. § 7410(c)(I). TIlinois EPA's submittal ofits

proposal as a fast-track rulernaking is therefore appropriate.

III. PURPOSE AND EFFECT OF THE PROPOSAL

6
As described in detail above, this rulemaking proposal has been prepared to

satisfy Illinois' obligation to submit a SIP revision to address the requirements under

Sections 172 and 182 of the CAA for sources ofVOM emissions in areas designated as

nonattairunent with respect to the ozone NAAQS, See 42 U.S.C. §§ 7502 and 7511a.

Additionally, Illinois is required to submit these SIP revisions before the USEPA

can redesignate the Chicago and Metro East NAAs to attainment of the 1997 ozone

NAAQS, regardless of whether the YOM reductions obtained by the SIP revisions are

actually necessary to achieve attainment of the NAAQS.. Section 107(d)(3)(E) of the

CAA provides that the Administrator may not redesignate a NAA to attainment unless

the State has a fully-approved SIP for the area seeking redesignation and the State has

met all applicable requirements of Section 110 and Part D (which includes the

requirement that states adopt YOM RACT rules for categories covered by a CTG). 42

U.S.C. § 7407(d)(3)(E). In a September 17, 1993, guidance document from Michael H.

Shapiro, Acting Assistant Administrator for Air and Radiation ("Shapiro

Memorandum"), the USEPA confinned, U[B]efore EPA can act favorably upon any State

redesignation request, the statutorily-mandated control programs ofsection 110 and part

D (that were due prior to the time ofthe redesignation request) must have been adopted

by the State and approved by EPA into the SIP." (Shapiro Memorandum, p. 2).'

On July 2,2007, the Illinois EPA submitted to the USEPA an attainment

demonstration for the Metro East NAA for the 1997 8-hour ozone NAAQS. On March

I See also Wall v. USEPA. In Wall, the United States Court of Appeals for the Sixth Circuit vacated Ibe

USEPA's redesignation of a state 10 attainment, in part because the stale failed to promulgale vec RACT

rules in response to CTGs. The USEPA argued that fully adopted vec RACT rules were unnecessary

because the state did not need the reductions from such rules to achieve attainment. The court rejected

USEPA's argumen~ hnlding that the CAA unambiguously requires that a SIP submitted with respect to •

redesignalion request contain fully adopted RAeT rules required by Part D. RedesignatloD absent such

rules was therefore improper, Wall v. USEPA. 265 F.2d 426, 433, 440-42 (6th Cir. 2001).

7
19,2009, the Illinois EPA submitted an attainment demonstration for the Chicago NAA

as well. Monitoring data indicates that these areas have, in fact, attained the 1997 8-hour

ozone NAAQS, which qualifies them for redesignation to attainment. These areas cannot

be redesignated to attaimnent, however, unless and until the lIIinois EPA submits SIP

revisions in response to the Group IV CTGs and the USEPA approves such revisions.

IV. GEOGRAPHIC REGIONS AND SOURCES AFFECTED

The geographic 'regions subject to the proposed regulations are the two areas

designated as nonattainment for the 8-hour ozone standard: 1) the Chicago-Gary-Lake

County, IL-IN designated area, which includes Cook, DuPage, Grundy (partial-Goose

Lake and Aux Sable Townships), Kane, Kendall (partial-Oswego Township), Lake,

McHemy, and Will COWlties; and 2) the St. Louis, MO-IL designated area, which

includes Jersey, Madison, Monroe, and St. Clair Counties. 40 CFR § 81.314.

The proposed regulations are generally expected to affect both new and existing

sources that are covered by a Group IV CTG, are located in the Chicago or Metro East

NAAs, and meet the applicability criteria specified in the proposed regulations. Table

23, Section 3.6, and Table 4.2 in the Technical Support Document lists the sources

potentially affected by the proposed regulations.

V. TECHNICAL FEASIBILITY AND ECONOMIC REASONABLENESS

The technology for controlling YOM emissions from Group IV product categories

is both technically feasible and economically reasonable. Affected sources can meet the

requirements in the proposed amendments through a number ofreadily available control

. techniques.

8
Control approaches for reducing YOM emissions from automobile and light-duty

truck assembly coatings and miscellaneous metal and plastic parts coatings include work

practices, product substitution Or refonnulation (namely, the use oflow-YOM or noYOM coatings or cleaning materials), utilization of higher efficiency coating application

equipment, and capture and control systems. Control devices available to automobile and

light-duty truck assembly coatings include oxidizers and hybrid systems. Those available

to miscellaneous metal and plastic parts coatings include oxidizers, absorbers, and

adsmbens.

Similarly, YOM emissions from miscellaneous industrial adhesives can be

controlled by product reformulation or substitution via low-YOM adhesives, work

practice procedures, utilization ofmore efficient application equipment, such as

electrostatic or high volume low pressure spray equipment, and capture systems and

control devices, including oxidizers, adsorbers, and absorbers.

Finally, YOM control techniques for fiberglass boat manufacturing operations

include use of one or more ofthe following: low monomer YOM resins and gel coats,

vapor suppressed resins and gel coats, non-atomizing resin application methods, and

closed molding processes, such as vacuum bagging.

In the Technical Supporl Document, the Illinois EPA explains in more detail that

the above control approaches are both technically feasible and economically reasonable.

See also, eTGs.

VI. COMMUNICATION WITH INTERESTED PARTIES

The Illinois EPA engaged in outreach on this proposal. On November 5, the

Illinois EPA posted a draft of the proposed rule and copies of the pertinent CTGs on its

9
website for public comment. The TIlinois EPA also contacted potentially affected sources

via email, soliciting feedback on the proposed rule.

The lIlinois EPA received several comments regarding the proposed rule.

GenerallY"the comments can be categorized into the following areas: revisions to

proposed definitions, requests that certain tenus be defined., requests for clarification of

specific provisions in the proposal, appropriate VOM content limitations, appropriate

applicability language and exclusions, and the location offuture hearings regarding the

proposed rulemaking. This proposal incorporates many of the concerns and suggestions

set forth in those comments, and discussions continue between the Illinois EPA and

interested parties regarding certain other issues raised in comments.

These regulations are being proposed after the interested parties have had an

opportunity to review the proposal and discuss any issues with the lilinois EPA.

VII. SYNOPSIS OF TESTIMONY

The Illinois EPA plans to call Rory Davis, Environmental Protection Engineer,

Air Quality Planning Section, Bureau of Air, lIlinois EPA, as a witness at hearing. Mr.

Davis will testify and answer questions regarding the proposed amendments. The Illinois

EPA may also call Rob Kaleel, Manager ofthe Air Quality Planning Section, Bureau of

Air, D1inois EPA, to testify and answer questions regarding the proposed amendments as

well. Written testimony will be submitted prior to hearing in accordance with the

Board's procedural rules and with Board orders.

VIII. THE ILLINOIS EPA'S PROPOSAL

Generally, Illinois EPA's regulatory proposal aims to implement the

recommendations contained in the eTGs to the extent that such recommendations are

10
consistent with existing regulations. The following is a Section-by-Section summary of

the Dlinois EPA's proposal.

35 Ill. Adm. Code 211

Subpart A: General Provisions

Section 211.101 Incorporations by Reference

The TIlinois EPA proposes adding incorporations by reference for five documents

referenced in the proposed amendments to Subpart B of Part 211.

Section 211.102 Abbreviations and Conversion Factors

The Illinois EPA proposes adding abbreviations for five terms referenced in the

proposed amendments to Subpart B of Part 211.

Subpart '8: Definitions

The Illinois EPA proposes amending current definitions in, and adding new

definitions to, Part 211.

Section 211.200 Acrylonitrile-Butadiene-Styrene (ABS) Welding

The TIlinois EPA proposes adding a definition for acrylonitrile-butadiene-styrene

(ABS) welding. This definition is necessary for proposed Subpart JJ ofParts 218 and

219.

Section 211.233 Adbesion Primer

The Illinois EPA proposes adding a definition for adhesion primer. This

definition is necessary for Subpart F ofParts 218 and 219.

Section 211.235 Adhesive Primer

The Illinois EPA proposes adding a definition for adhesive primer. This

definition is necessary for proposed Subpart JJ ofParts 218 and 219.

11
Section 211.260 Aerosol Adhesive and Adhesive Primer

The lllinois EPA proposes adding a definition for aerosol adhesive and adhesive

primer. This definition is necessary for proposed Subpart JJ of Parts 218 and 2J9.

Section 211.492 Antifoulant Coating

The Illinois EPA proposes adding a definition for antifoulant coating. This

definition is necessary for Subpart F of Parts 218 and 219.

Section 211.540 Architectural Structure

The Illinois EPA proposes adding a definition for architectural structure. This

definition is necessary for Subpart F of Parts 218 and 219.

Section 211.715 Bedliner

The Illinois EPA proposes adding a definition for bedliner. This definition is

necessary for Subpart F of Parts 218 and 219.

Section 211.735 Black Coating

The Illinois EPA proposes adding a definition for black coating..This definition is

necessary for Subpart F ofParts 218 and 219.

Section 211.829 Business Machine Plastic Parts

The Illinois EPA proposes amending the defmition of business machine plastic

parts to implement the definition recommended in the CTG. This definition is necessary

for Subpart F of Parts 218 and 219.

Section 211.825 Camouflage Coating

The illinois EPA proposes adding a definition for camouflage coating. This

definition is necessary for Subpart F ofParts 218 and 219.

Section 211.954 .Cavity Wax

12
The D1inois EPA proposes adding a definition for cavity wax. This definition is

necessary for Subpart F ofParts 218 and 219.

Section 211.965 Ceramic Tile Installation Adhesive

The Illinois EPA proposes adding a definition for ceramic tile installation

adhesive. This definition is necessary for proposed Subpart JJ of Parts 218 and 219.

Section 211.1128 Closed Molding

The Illinois EPA proposes adding a definition for closed molding. 'This definition

is necessary for proposed Subpart II of Parts 218 and 219.

Section 211.1455 Contact Adhesive

The D1inois EPA proposes adding a definition for contact adhesive. This

defmition is necessary for proposed Subpart JJ ofParts 218 and 219.

Section 211.1 560 Cove Base

The Dlinois EPA proposes adding a definition for cove base. This definition is

necessary for proposed Subpart JJ of Parts 218 and 219.

Section 211.1565 Cove Base Installation Adhesive

The Illinois EPA proposes adding a definition for cove base installation adhesive.

This defmition is necessary for proposed Subpart JJ ofParts 218 and 219.

Section 211.1655 Cyanoacrylate Adhesive

The Dlinois EPA proposes adding a definition for cyanoacrylate adhesive. This

definition is necessary for proposed Subpart JJ of Parts 218 and 219.

Section 211.1700 Deadener

The Illinois EPA proposes adding a definition for deadener. This definition is

necessary for Subpart F ofParts 218 and 219.

13
Section 211.1876 Electric Dissipating Coating

The illinois EPA proposes adding a definition for electric dissipating coating.

This definition is necessary for Subpart F of Parts 218 and 219.

Section 211.1877 Electric-Insulatin g Varnish

The lllinois EPA proposes adding a defmition for electric-insulating varnish. This

defini~on is necessary for SubpartF ofParts 218 and 219

Section 211.1878 ElectrodeDoSition Primer

The TIlinois EPA proposes adding a definition for electrodeposition primer. This

definition is necessary for SubpartF ofParts 218 and 219.

Section 211.2040 Etching Filler

The Illinois EPA proposes adding a definition for etching filler. This definition is

necessary for Subpart F ofParts 218 and 219.

Section 211.2055 Ethylene Propvlenediene Monomer (EPDM) RoofMembrane

The lllinois EPA proposes adding a definition for ethylene propyJenediene

monomer (EPDM) roof membrane. This definition is necessary for proposed Subpart 11

ofParts 218 and 219.

Section 211.2200 Extreme High-Gloss Coating

The Illinois EPA proposes adding a definition for extreme high-gloss coating.

This definition is necessary for Subpart F of Parts 218 and 219.

Section 211.2210 Extreme Performance Coating

The Illinois EPA proposes amending the definition for extreme performance

coating to implement the definition recommended in the CTG. This definition is

necessary for Subpart F ofParts 218 and 219.

14
Section 211.2310 Final Repair Coat

The Illinois EPA proposes amending the definition for final repair coat to

implement tbe definition recommended in the CTG. This definition is necessary for

Subpart F of Parts 218 and 219.

Section 211.2320 Finish Primer/Surfacer

The Jllinois EPA proposes adding a definition for finisb primer/surfacer. This

definition is necessary for Subpart F of Parts 218 and 219.

Section 211.2367 Flexible Vinyl

The Illinois EPA proposes adding a definition for flexible vinyL This definition is

necessary for proposed Subpart JJ ofParts 218 and 219.

Section 211.2415 Fog Coat

The Illinois EPA proposes adding a definition for fog coat. This definition is

necessary for SubpartF ofParts 218 and 219.

Section 211.2525 Gasket/Gasket Sealing Material

The Illinois EPA proposes adding a definition for gasket/gasket sealing material.

This definition is necessary for Subpart F of Parts 218 and 219.

Section 211.2625 Glass Bonding Primer

The Illinois EPA proposes adding a definition for glass bonding primer. This

definition is necessary for SubpartF ofParts 218 and 219.

Section 211.2825 Heat-Resi~tant Coating

The Illinois EPA proposes adding a definition for heat-resistant coating. This

definition is necessary for Subpart F of Parts 218 and 219.

Section 211.2955 High Bake Coating

15
The llIinois EPA proposes adding a definition for high bake coating. This

definition is necessary for Subpart F of Parts 218 and 219.

Section 211.2956 High Build Primer/Surfacer

The Dlinois EPA proposes adding a definition for high build primer/surfacer.

This definition is necessary for Subpart F ofParts 218 and 219.

Section 211,2958 High Gloss Coating

The Illinois EPA proposes adding a definition for high gloss coating. This

definition is necessary for Subpart F ofParts 218 and 219.

Section 211.2960 High-Performance Architectural Coating

The Dlinois EPA proposes adding a definition for high-performance architectural

coating. This definition is necessary for Subpart F of Parts 218 and 219.

Section 211.2980 High Temperature Coating

The llIinois EPA proposes adding a definition for high temperature coating. This

definition is necessary for Subpart F of Parts 218 and 219.

Section 211.3100 Indoor Floor Covering Installation Adhesive

The Illinois EPA proposes adding a definition for indoor floor covering

installation adhesive. This definition is necessary for proposed Subpart JJ ofParts 218

and 219.

Section 211.3120 In-Line Repair

The Illinois EPA proposes adding a defmition for in-line repair. This definition is

necessary for Subpart F of Parts 218 and 219.

Section 211.3240 Laminate

16
The Illinois EPA proposes adding a definition foi: laminate. This definition is

necessary for proposed Subpart JJ of Parts 218 and 219.

Section 211.3505 Lubricating Wax/Compound

The Illinois EPA proposes adding a defmition for lubricating wax/compound.

This definition is necessary for Subpart F ofParts 218 and 219.

Section 211.3640 Marine Coating

The Illinois EPA proposes adding a definition for marine coating. This definition

is necessary for Subpart F ofParts 218 and 219.

Section 211.3665 Mask Coating

The Illinois EPA proposes adding a definition for mask coating. This definition is

necessary for Subpart F of Parts 218 and 219,

Section 211.3760 Metallic Coating

The Illinois EPA proposes adding a definition for metallic coating. This

definition is necessary for Subpart F ofParts 218 and 219.

Section 211.3775 . Metal to UrethanelRubber Molding or Casting Adhesive

The lllinois EPA proposes adding a definition for metal to urethane/rubber

molding or casting adhesive. This definition is necessary for proposed Subpart JJ of

Parts 218 and 219,

Section 211.3785 Military Specification Coating

The Illinois EPA proposes adding a definition for military specification coating.

This definition is necessary for Subpart F of Parts 218 and 219.

Section 211.3820 Miscellaneous Industrial Adhesive Application Operation

17
The lJJinois EPA proposes adding a definition for miscellaneous industrial

adhesive application operation. This definition is necessary for proposed Subpart JJ of

Parts 218 and 219.

Section 211.3925 Mold Seal Coating

The Illinois EPA proposes adding a definition for mold seal coating. This

definition is necessary for Subpart F of Parts 218 and 219.

Section 211.3961 Motor Vehicle Adhesive

The lllinois EPA proposes adding a definition for motor vehicle adhesive. This

definition is necessary for proposed Subpart J1 of Parts 218 and 219.

Section 211.3967 Motor Vehicle Weatherstrip Adhesive

The Illinois EPA proposes adding a definition for motor vehicle weatherstrip

adhesive. This definition is necessary for proposed Subpart JJ ofParts 218 and 219.

Section 211.3968 Multi-Colored Coating

The Illinois EPA proposes adding a definition for multi-colored coating. This

definition is necessary for Subpart F of Parts 218 and 219

Section 211.3969 Multi-Component Coating

The lllinois EPA proposes adding a definition for multi-component coating. This

definition is necessary for Subpart F of Parts 218 and 219.

Section 211.3975 Multipurpose Construction Adbesive

The D1inois EPA proposes adding a definition for multipurpose construction

adhesive. This definition is necessary for proposed Subpart JJ of Parts 218 and 219.

Section 211.4052 Non-Convertible Coating

18
The I1Iinois EPA proposes adding a definition for non-convertible coating. This

definition is necessary for Subpart F of Parts 218 and 219.

Section 211.4080 One-Component Coating

The Illinois EPA proposes adding a definition for one-component coating. This

definition is necessary for SUbpart F ofParts 218 and 219.

Section 211.4220 Optical Coating

The Illinois EPA proposes adding a definition for optical coating. This definition

is necessary for SUbpart F ofParts 218 and 219.

Section 211 .4280 Outdoor Floor Covering Installation Adhesive

The Illinois EPA proposes adding a definition for outdoor f100I coveTing

installation adhesive. This definition is necessary for proposed Subpart 11 of Parts 218

I

and 219.

Section 211.4455 Pan Backing Coating

The Illinois EPA proposes adding a definition for pan backing coating. This

defmition is necessary for Subpart F ofParts 218 and 219.

Section 211.4540 Perimeter Bonded Sheet Flooring

The Illinois EPA proposes adding a definition for perimeter bonded sheet

flooring. This definition is necessary for proposed Subpart J1 of Parts 218 and 219.

Section 211.4735 Plastic

The Illinois EPA proposes adding a definition for plastic. This definition is

necessary for proposed Subpart JJ of Parts 218 and 219.

Section 211.4760 Plastic Solvent Welding Adhesive

19
The Illinois EPA proposes adding a definition for plastic solvent welding

adhesive. This definition is necessary for proposed Subpart JJ ofParts 218 and 219.

Section 211.4765 Plastic Solvent Welding Adhesive Primer

The Illinois EPA proposes adding a definition for plastic solvent welding

adhesive primer This definition is necessary for proposed Subpart JJ of Parts 218 and

219.

Section 211.4768 Pleasu re Craft

The Illinois EPA proposes adding a definition for pleasure craft. This definition

is necessary for Subpart F of Parts 218 and 219.

Section 2J 1.4769 Pleasure Craft Surface Coating

The Illinois EPA proposes adding a definition for pleasure craft surface coating.

This definition is necessary for Subpart F of Parts 218 and 219.

Section 2J1.4895 Polyvinyl Chloride Plastic (PVC Plastic)

The Illinois EPA proposes adding a definition for polyvinyl chloride plastic (pVC

plastic). This definition is necessary for proposed Subpart JJ ofParts 218 and 219.

Section 211.4900 Porous Material

The Illinois EPA proposes adding a definition for porous material. This definition

is necessary for proposed Subpart JJ ofParts 218 and 219.

Section 211.5012 Prefabricated Architectural Coating

The llIinois EPA proposes adding a defini tion for prefabricated architectural

coating. This definition is necessary for Subpart F of Parts 218 and 219.

Section 211.5061 Pretreatment Coating

20
The lllinois EPA proposes adding a definition for pretreatment coating. This

definition is necessary for Subpart F of Parts 218 and 219.

Section 211.5061 Pretreatment Wash Primer

The Illinois EPA proposes amending the definition for pretreatment wash primer

to implement the definition recommended in the eTG. The minois EPA also proposes

changing the Section number of this definition to Section 211.5062 to make room for the

proposed definition for pretreatment coating. This definition is necessary for Subpart F

of Parts 218 and219.

Section 211.5090 Primer Surfacer Coat

The Illinois EPA proposes amending the definition for primer surfacer coal 10

implement the defulition recommended in the CTG. nus definition is necessary for

Subpart F ofParts 218 and 219.

Section 211.5400 Red Coating

The Illinois EPA proposes adding a definition for red coating. This defmition is

necessary for Subpart F of Parts 218 apd 219.

Section 211.5520 Reinforced Plastic Composite

The Illinois EPA proposes adding a definition for reinforced plastic composite.

This definition is necessary for proposed Subpart JJ of Parts 218 and 219.

Section 2J 1.5550 Repair Coat

The lllinois EPA proposes amending the defulition for repair coat to implement

the definition recommended in the CTG. This definition is necessary for Subpart F of

Parts 218 and 219.

Section 211.5800 Rubber

21
The n1inois EPA proposes adding a definition for rubber. This definition is

necessary for proposed Subpart JJ ofParts 218 and 219.

Section 211.5890 Sealer

The Illinois EPA proposes amending the defmition for sealer to implement the

definition recommended in the eTG. This definition is necessary for Subpart F of Parts

218 and 219.

Section 211.5985 Sheet Rubber Lining Installation

The Illinois EPA proposes adding a definition for sheet rubber lining installation.

This definition is necessary for proposed Snbpart JJ of Parts 218 and 219.

Section 211.5987 Shock-Free Coating

The n1inois EPA proposes adding a definition for shock-free coating. This

definition is necessary for Subpart F of Parts·ll8 and 219.

Section 211.6012 Silicone-Release Coating

The Illinois EPA proposes adding a definition for silicone-release coating. This

defInition is necessary for SUbpart F of Parts 218 ana 219.

Section 211.6015 Single-Ply Roof Membrane

The Illinois EPA proposes adding a definition for single-ply roof membrane. This

definition is necessary for proposed SUbpart JJ of Parts 218 and 219.

Section 211.6017 Single-Ply Roof Membrane Adhesive Primer

The Illinois EPA proposes adding a definition for single-ply roof membrane

adhesive primer. This definition is necessary for proposed Subpart JJ ofParts 218 and

219.

Section 211.6020 Single-PIV Roof Membrane Installation and Repair Adhesive

22
The Illinois EPA proposes adding a definition for single-ply roof membrane

installation and repair adhesive. This definition is necessary for proposed Subpart JJ of

Parts 218 and 219.

Section 211.6063 Solar-Absorbent Coating

The Illinois EPA proposes adding a definition for solar-absorbent coating. This

definition is necessary for Subpart F of Parts 218 and 219.

Section 211.6065 Solids Turnover Ratio CRT}

The Illinois EPA proposes adding a definition for solids turnover ratio (RT). This

definition is necessary for Subpart F ofParts 218 and 219.

Section 211.6400 Stencil Coat

The lllinois EPA proposes amending the definition for stencil coat to implement

the defmition recommended. in the CTG. This definition is necessary for Subpart F of

Parts 218 and 219.

Section 211.6425 Structural GlaZing

The Illinois EPA proposes adding a definition for structural glazing. This

definition is necessary for proposed Subpart JJ ofParts 218 and 219.

Section 211.6460 Subfloor

The Jllinois EPA proposes adding a defmition for subfloor. This definition is

necessary for proposed Subpart JJ ofParts 218 and 219.

Section 211.6585 Thin Metal Laminating Adhesive

The Illinois EPA proposes adding a defmition for !hili metal laminating adhesive.

This defmition is necessary for proposed Subpart JJ of Parts 218 and 219.

Section 211.6640 Tire Repair

23
The Illinois EPA proposes adding a definition for tire repair. This definition is

necessary for proposed Subpart JJ of Parts 218 and 219.

Section 211.6670 Topcoat

The lIlinois EPA proposes amending the definition for topcoat to implement the

definition recommended in the CTG. This definition is necessary for Subpart F ofParts

218 and 219.

Section 211.6690 Topcoat Operation

The Illinois EPA proposes amending the definition for topcoat operation to

implement part of the definition recommended in the CTG. This definition is necessary

for Subpart F ofParts 218 and 219.

Section 211.6720 Touch-Up Coating

The Illinois EPA proposes amending the definition for touch-up coating to

implement the definition recommended in the eTG. This definition is necessary for

Subpart F ofParts 218 and 219.

Section 211.6740 Translucent Coating

The Illinois EPA proposes adding a definition for translucent coating. This

definition is necessary for Subpart F ofParts 218 and 219.

Section 211.6780 Trunk Interior Coating

The illinois EPA proposes adding a definition for trunk interior coating. This

definition is necessary for SubpartF of Parts 218 and 219.

Section 211.6825 Underbodv Coating

The Illinois EPA proposes adding a definition for underbody coating. This

definition is necessary for Subpart F ofParts 218 and 219.

24
Section 211.6885 Vacuum Metalizing Coating

The Illinois EPA proposes adding a definition for vacuum metalizing coating.

This definition is necessary for Subpart F of Parts 218 and 219.

Section 211.7220 Waterproof Resorcinol Glue

The Illinois EPA proposes adding a definition for waterproofresorcinol glue.

This definition is necessary for proposed Subpart JJ of Parts 218 and 219.

Section 211.7240 Weatherstrip Adhesive

The Dlinois EPA proposes adding a definition for weatherstrip adhesive.' This

definition is necessary for Subpart F ofParts 218 and 219.

35 III. Adm. Code 218/219

Subpart A: General Provisions

Section 218/219.105 Test Methods and Procedures

The Illinois EPA proposes amending subsection (b) by updating the testing

protocol for automobile and light-duty truck primer-surfacer and topcoat operations.

Section 218/219.106 Compliance Dates

The Ulinois EPA proposes adding subsection (e) to Section 218.106 and

subsection (c) to Section 219.106, which establish May 1,2011, as the compliance date

for sources subject to the rulemaking proposal. The Illinois EPA also proposes amending

subsection (a) of Section 219.106 to reference proposed subsection (c).

Section.218/219.1l2 Incorporations by Reference

The Illinois EPA proposes adding subsections (cc), (dd), (ee), and (ft) to Section

218.112, and subsections (aa), (bb), (cc), and (dd) to Section 219.112, which incorporate

25
by reference several documents mentioned in the Illinois EPA's proposed amendments to

Parts 218 and 219.

Subpart F: Coating Operations

Section 2181219.204 Emission Limitations

The lllinois EPA proposes amending the introductory paragraph to reference

revised and new subsections of Section 2181219.204.

The Illinois EPA proposes amending subsection (a) to restrict the YOM content of

automobile and light-duty truck coatings to the limitations set forth in the eTG, and to

separate the limits that are applicable to such coatings prior to the new compliance date

from those applicable on and after the new compliance date. The illinois EPAalso

proposes amending subsection (a) to include a definition for electrodeposition; to specify

how compliance with the amended YOM content limitations for primer-surfacer, topcoat,

and combined primer-surfacer and topcoat operations shall be demonstrated; to specify

what testing is required for such operations; and to provide an equation for determining

occurrence weighted average for fmal repair coat operations. Finally, the illinois EPA's

proposed amendments provide that the amended YOM content limitations shan not apply

to materials supplied in containers with a net volume of 16 ounces or less, or a net weight

of one pound or less.

The lllinois EPA proposes amending subsection (j) to specify that the limitations

in (j) are only applicable to miscellaneous metal parts and products coatings prior to May

1,2011, and that on and after such date, the limitations in subsection (q) shall apply.

26
The Illinois EPA proposes amending subsection (n) to specify that the limitations

in (n) are only applicable to plastic parts coatings (automotive/transportation) prior to

May I, 2011, and that on and after such date, the limitations in subsection (q) shall apply.

The Illinois EPA proposes amending subse<:tion (0) to spe<:ify that the limitations

in (0) are only applicable to plastic parts coatings (business machines) prior to May I,

2011, and that on and after such date, the limitations in subsection (q) shall apply.

The Illinois EPA proposes adding subsection (q), which sets forth YOM content

limitations, definitions, and exclusions for metal parts and products coatings; plastic parts

and products-miscellaneous coatings; plastic parts and productsautomotive/transportation coatings; plastic parts and products-business machine coatings;

pleasure craft surface coatings; and motor vehicle materials coatings.

Section 218/219.205 Daily-Weighted Average Limitations

The Illinois EPA proposes amending the introductory paragraph to reference

proposed subsection U) in Section 218.205, and proposed subsection (i) in Section

219.205.

The Illinois EPA proposes amending subsection (a) to provide that such

subsection applies to Section 218J219.204(a)(I)(A), (a)(I)(D), (a)(2)(A), (a)(2)(E), and

(a)(2)(F), among other listed subsections.

The Illinois EPA proposes amending subsection (b) to specify that the limitations

in such subsection only apply to miscellaneous parts and products coatings prior to May

1,2011.

The nIinois EPA proposes amending subsection (g) to specify tbatthe limitations

in such subsection only apply to plastic parts coatings prior to May I, 2011.

27
The Illinois EPA proposes adding subsection CD to Section 218.205 and

subsection (i) to Section 219.205, which set forth the requirements for miscellaneous

metal parts and products coating lines, plastic parts and products coating lines, pleasure

craft surface coating lines, and motor vehicle materials coating lines utilizing the daily

weighted averaging alternative on and after May 1,2011.

Section 218/219.207 Alternative Emission Limitations

The Illinois EPA proposes amending subsection (a) to reference proposed

subsection (1) in Section 218.207, and proposed subsection (k) in Section 219.207, and to

exclude coating lines subject to Section 218/219.204(q)(6) from the alternative emission

limitations option.

The Illinois EPA proposes amending subsection (b) to provide for sources

complying with a proposed emission limitation in Section 218/219.204 that is already in

terms ofweight ofVOM per volume ofsolids.

The Dlinois EPA proposes amending subsection (c) to include references to

certain amended YOM content limitations.

The Illinois EPA proposes adding subsection (1) to Section 218.207 and

subsection (1<) to Section 219.207, which set forth the requirements for miscellaneous

metal parts and products coating lines, plastic parts and products coatings lines, and

pleasure craft surface coaling lines utilizing the alternative emissions limitation on and

after May 1,2011.

Section 218/219.208 Exemptions from Emissinn Limitations

The Illinois EPA proposes amending subsection (a) to provide that on and after

May 1, 2011, for applicability purposes YOM emissions from heavy off-highway vehicle

28
products coatings lines shall be combined with YOM emissions from miscellaneous

metal parts and products coating lines and plastic parts and products coating lines.

The Illinois EPA proposes amending subsection (c) and adding subsection (d) to

provide that the exclusions contained in such subsections shall only apply to

miscellaneous metal parts and products, plastic parts coatings for automotivel

transportation, and plastic parts coatings for business machines Wltil May I, 201 J.

The Illinois EPA proposes relettering the existing subsection (d) to subsection (e)

and correcting internal cross-references.

Section 218/219.210 Compliance Schedule

The lJIinois EPA proposes amending the introductory paragraph to reference the

proposed subsection (g).

The Illinois EPA proposes adding subsection (g), which provides that, on and

after a date consistent with Section 218/219.106, sources subject to the proposed

limitations in Section 218/219.204(a) or (q), or SUbject to the limitations in Section

2181219.219, shall comply with such limitations, as well as with all other applicable

provisions in Subpart F.

Section 218/219.211 Recordkeeping and Reporting

The TIlinois EPA proposes amending subsection (c) to include references to the

amended YOM content limitations for automobile and light-duty truck coatings, and to

provide that, for certain automobile and.light-duty truck coating lines, YOM content

information shall be maintained and/or reported in terrns of weight ofVOM per volume

ofsolids or coatings, as applicable, as applied each day on each coating line. The Illinois

EPA also proposes amending subsection (c) to provide that coating lines subject to

29
Section 218/219.204(a)(2)(A) shall maintain and/or report the solids turnoverratio of

each electrodeposition primer operation. Subject printing lines shall also maintain

certified product data sheets for each coating applied on each line.

The Illinois EPA proposes amending subsection (d) to provide that, for coating

lines that are subject to Section 218/2l9.204(a)(2)(A) or (q) and that are utilizing the

daily weighted averaging alternative, YOM content information shall be maintained

and/or reported in terms of weight ofVOM per volume ofsolids or coatings, as

applicable, as applied each day on each coating line.

The Illinois EPA proposes amending subsection (e) to provide that coating lines

complying pursuant to Section 218.207(1) or 219.207(1<) shall comply with the

recordkeeping and reporting requirements set forth in subsection (e). The Illinois EPA

also proposes amending internal cross references.

The Illinois EPA proposes adding subsection (g), which establishes recordkeeping

and reporting requirements for coaling lines subject to the work practices set forth in

Section 2181219.219.

Section 218/219.212 Cross-Line Averaging to Establish Compliance for Coating

Lines

The illinois EPA proposes amending this Section to provide that the cross-line

averaging alternative is not available to coating lines subject to the revised YOM content

limitalions.

Section 218/219.219 Work Practice Standards for Automobile and Light-Dutv

Truck Assembly Coatings and Miscellaneous Metal and Plastic

Parts Coatin£s

The Illinois EPA proposes adding Section 218/219.219, which sets forth work

practice requirements for YOM-containing coatings, thinner, coating-related waste

30
materials, cleaning materials. and cleaning-related activities associated with automobile

and light-duty truck assembly coating lines or miscellaneous metal or plastic parts

coatings lines. This Section also establishes application method requirements for certain

coating lines described in Section 218/219.204(q).

Subpart II: Fiberglass Boat Manufacturing Materials

The Illinois EPA proposes adding Subpart II to Parts 218 and 219 regarding

fiberglass boat manufacturing materials.

Section 218/219.890 Applicability

Subsection (a) provides that, on and after May I, 2011, the requirements of

Subpart II shall apply to the owners and operators ofsources that manufacture hulls or

decks ofboats from 'fiberglass, or that build molds to make hulls or decks of boats from

fiberglass, and that emit 15 lbs/day or more ofVOM from specified operations. If a

source meets such criteria, the limitations in Subpart IT apply to the manufacture of all

fiberglass boat parts at the source.

Subsection (b) establishes exemptions for certain coatings and operations.

Subsection (c) provides that if a source is or becomes subject to this Subpart, the

source is always subject to the Subpart.

Subsection (d) provides that sources exempt pursuant to this Section are still

subject to recordkeeping and reporting requirements.

Section 218/219.891 Emission Limitations and Control Reguire~ents

Subsection (a) provides that resins and gel coats at subject sources shall comply

with the limitations set forth in subsection (b)(I) or (b)(2), (c), or (d) of this Section, as

well as with subsections (e), (g), and (li) ofthis Section. This subsection also provides

31
that if a source complies pursuant to subsection (b) or (c), and the non-monomer YOM

content of a resin or gel coat exceeds five percent, by weight, the excess non-monomer

YOM shall be added to the monomer YOM content ofsuch resin or gel coat in

accordance with a specified equation.

Subsection (b) establishes YOM content limitations for subject resins and gel

coats, and a 12-month roUing weighted averaging alternative to such limitations.'

Subsection (c) establishes an emission averaging alternative in which resin and

gel coat operations utilizing the alternative comply with a source-specific monomer

YOM mass emission limit on a 12-month rolling average basis. Subsection (c) sets forth

several equations that sources shall utilize ifcomplying by means ofthis alternative_

Sources shall utilize Equation 2 to determine the source-specific monomer YOM mass

emission Jimit; Equation 3 to calculate monomer YOM emissions from the resin and gel

coat operations included in the emissions average; and Equation 4 to calculate the

weighted-average monomer YOM emission rate for the previous 12 months for each

resin and gel coat operation. Subsection (c) also sets forth monomer YOM emission rate

formulas for use in Equation 4 and subsection (e)(3) of this Section.

Subsection (d) establishes an emissions control alternative for subject resin and

gel coat operations. Subsection (d) provides that an afterburner, carbon adsorber, or other

approved control device shall be installed and operated such that the YOM emissions at

the outlet of the control device meet an emission limitation determined using a slightly

altered version ofEquation 2, as set forth in subsection (c)(1).

Subsection (e) sets forth Equation 5 and provides that, for all filled production and

tooling resins, the owner or operator of a subject source shall use such equation to adjust

32
the monomer YOM emission rates detennined pursuant to subsection (b). Subsection (e)

also sets forth limitations to the emission rate determined using Equation 5 for sources

complying pun;uant to subsection (b).

Subsection (f) provides tbat certain types ofmaterials are exempt from tbe

limitations set forth in subsections (a) through (e). Such materials shall instead comply

with the requirements set forth in subsection (t).

Subsection (g) provides that no owner Or operator of a source subject to this

Subpart shall use YOM-containing cleaning solutions to remove cured resin and gel coats

from fiberglass boat manufacturing application equipment. Additionally, no owner or

operator shall use YOM-containing cleaning solutions for routine cleaning of application

equipment unless specified YOM content or composite vapor pressure requirements are

met.

Subsection (h) provides that no owner or operator of a source subject to this

Subpart shall use resin or gel coat mixing containers with a capacity equal to or greater

than 55 gallons unless such containers have covers with no visible gaps in place at all

times, except when material is being manually added to or removed from a container or

when mixing or pumping equipment is being placed in or removed from a container.

Section 218/219.892 Testing and Monitoring Requirements

Subsection (a) provides that testing to demonstrate compliance with Section

218/219.891 shall be conducted within 90 days after a request by the Illinois EPA, or as

otherwise specified in Subpart II. The Illinois EPA shall be notified in writing 30 days in

advance ofsuch testing.

33
34
solvents, testing may instead be conducted in accordance with the manufacturer's

specifications if certain conditions are met.

Subsection (e) sets fonh monitoring requirements for owners or operators relying

on the YOM content of cleaning solutions to comply with Section 2181219.891(g)(l).

Subsection (f) provides that testing to demonstrate compliance with the YOM

composite pania] vapor pressure limitation for cleaning solvents shall be conducted in

accordance with the methods and procedures set forth in Section 218/219.11 O.

Section 218/219.894 Recordkeepinl! and Reporting Requirements

Subsection (a) provides that the owners and operators ofsources exempt from the

limitations of Subpart IT because ofthe criteria in Section 218/219.890(a) shall submit a

certification to the illinois EPA that includes a declaration that the source is exempt and

calculations that demonstrate that the source is exempt. The owner or operator shall also

notify the Dlinois EPA jf the combined emissions ofVOM from subject fiberglass boat

manufacturing operations at the source ever equal or exceed J5 lbs/day, within 30 days

after the event occurs.

Subsection (b) sets forth recordkeeping and reporting requirements for all sources

subject to the requirements of Subpan IL Such sources shall submit a certification to the

Illinois EPA that includes specified information, notify the Illinois EPA at least 30

calendar days before changing the method of compliance between Sections

218/219.891(b), (c), and (d), notify the Illinois EPA of any violation ofthe requirements

of Subpart II within 30 days following the violation, retain all records required by this

Section for at least three years, and make such records available to the TIlinois EPA upon

request.

35
Subsection (c) provides that the owner or operator of a subject fiberglass boat

manufacturing operation that is complying by means of Section 218/219.891 (b) shall

submit a certification to the Illinois EPA that includes the name, identification number,

and YOM content of each subject resin and gel coat as applied each day. The owner or

operator shall collect and record such information, as wel1 as the daily weighted average

YOM content of all subject resins and gel coats complying pursuant to Section

218/219.891 (b)(2).

Subsection (d) provides that the owner or operator of a subject fiberglass boat

manufacturing operation that is complying by means ofSection 218/219.891(c) shall

collect and record each month the amount and YOM content of each subject resin and gel

coat used in each subject manufacturing operation. At the end ofthe 12-month averaging

period, and at the end 0 f each subsequent month, tbe owner or operator shall also collect

and record the monomer YOM mass emission limit for the subject manufacturing

operations for the applicable 12-month averaging period, and the total actual emissions of

YOM from such operations.

Subsection (e) provides that the owner or operator of a subject fiberglass boat

manufacturing operation that is complying by means of Section 218/219.89I(d) shall

submit a certification to the Illinois EPA that includes infonnation regarding the type of

conlrol device used to demonstrate compliance, the results of all tests and calculations

necessary to demonstrate compliance, and a declaration that the owner or operator is in

compliance with monitoring requirements. The owner or operator shall also submit to

the Illinois EPA a copy of all test results within 90 days after conducting testing, and a

certification providing specified details regarding such testing. Finally, the owner or

36
operator sball collect and record daily control device monitoring data, a log of operating

time for the control device and monitoring equipment, a maintenance log for the control

device and monitoring equipment, and information substantiating that the fiberglass boat

manufacturing operation is operating in compliance with the parameters detennined

pursuant to Section 218/219.892.

Subsection (f) provides that the owner or operator of a source subject to Section

218/219,891 (f) shall collect and record specified information regarding materials exempt

pursuant to such Section.

Subsection (g) provides that the owner or operator of a subject source shall collect

and record specified information for each cleaning solution used in each fiberglass boat

manufacturing operation.

Subpart JJ: Miscellaneous Industrial Adhesives

Section 218/219.900 Applicability

Subsection (a) provides that, on and after May 1,2011, the requirements in

Subpart JJ apply to miscellaneous industrial adhesive application operations at sources

where the total actual YOM emissions from sucb operations, including related cleaning

activities, equal or exceed 15 Ibs/day, in the absence of air pollution control equipment.

Subsection (b) establishes exemptions for certain coatings, adhesives, and

operations.

Subsection (c) provides that if a source is OT becomes subject to this Subpart, the

source is always subject to the Subpart.

Subsection (d) provides that sources exempt pursuant to this Section are still

subject to recordkeeping and reporting requirements.

37
Section 218/219.901 Emission Limitations and Control Requirements

Subsection (a) provides that the owner or operator of a source subject to the

requirements of Subpart JJ shall comply with subsection (b), (c), or (d) ofthis Section, as

well as with the limitations in subsections (e) and (f) of this Section. Sources subject to

Section 218.900(b)(2), however, shall only comply with the limitations in subsection (f).

Subsection (b) establishes YOM content limitations for subject adhesives.

Subsection (c) establishes a daily-weighted averaging alternative to the YOM

content limitations in subsection (b).

Subsection (d) establishes an emissions control alternative for subject adhesives.

Subsection (d) provides that an afterburner, carbon adsorber, or other approved control

device shaH be utilized that provides at least 85% reduction in the overall emissions of

YOM from the adhesive application operation. Alternatively, the owner or operator may

comply with the applicable limitation set forth in Section 218.901(b) by utilizing a

combination oflow-YOM adhesives and an afterburner, carbon adsorber, or other

approved control device.

Subsection (e) provides that the owner or operator ofa subject source shall

comply with specified application method requirements.

Subsection (f) provides that the oWner or operator of a subject source shall

comply with specified work practices for each subject adhesive application operation.

Section 2181219.902 Testing Requirements

Subsection (a) provides that testing to demonstrate compliance with Subpart JJ

shall be conducted within 90 days after a request by the 11linois EPA, or as otherwise

38
specified. The Illinois EPA shall be notified in writing 30 days in advance ofsuch

testing.

Subsection (b) provides that testing to demonstrate compliance with the YOM

content limitations set forth in Section 218/2I 9.901 (b) shaH be conducted in accordance

with specified test methods, or, under certain circumstances, in accordance with the

manufacturer's specifications.

Subsection (c) provides that the owner or operator of a source complying with

Section 218/219.901(d) by utilizing an afterburner or carbon adsorber shall perform

testing pursuant to 'specified test methods and procedures.

Subsection (d) provides that the owner or operator 'of a source complying with

Section 218/2·19.901(d) by utilizing an emissions control system other than afterburner or

carbon adsorber shall conduct testing as set forth in the owner or operator's plan

approved by the Dlinois EPA and USEPA.

Section 218/219.903 Monitoring Requirements

Subsection (a) sets forth monitoring requirements for owners or operators

utilizing an afterburner or carbon adsorber to demonstrate compliance with Section

218/219.901 (d).

Subsection (b) sets forth monitoring requirements for owners or operators

utilizing an emissions control system other than an afterburner or carbon adsorber to

demonstrate compliance with Section 218/2 19.901 (d).

Section 218/219.904 Recordkeeping and Reporting Requirements

Subsection (a) provides that the owners and operators ofsources exempt from Ihe

limitations of Subpart JJ because ofthe criteria in Section 2I 81219.900(a) shall submit a

39
certification to the Illinois EPA that includes a declaration that the source is exempt and

calculations that demonstrate that the source is exempt. The owner or operator shall also

notify the Illinois EPA ifthe combined emissions ofVOM from subject miscellaneous

industrial adhesive application operations at the source ever equal or exceed 15 lbs/day,

within 30 days after the event OCCUTS.

Subsection (b) sets forth recordkeeping and reporting requirements for all sources

subject to the requirements ofSubpart JJ. Such sources shall submit a certification to the

illinois EPA that includes specified information, notify the Illinois EPA at least 30

calendar days before changing the method of compliance between Sections

218/219.901(b), (c), and (d), notify the illinois EPA of any violation ofthe requirements

ofSubpart JJ within 30 days following the violation, retain all records required by this

Section for at least three years, and make such records available to the Illinois EPA upon

request.

Subsection (c) provides that the owner or operator of a subject adhesive

application operation that is complying by means ofSection 218/219.901(b) shall submit

a certifieation to the Illinois EPA that includes the name, identification number, and

YOM content of each SUbject adhesive as applied each day. The owner or operator shall

also collect and record such information.

Subsection (d) provides that the owner Or operator of a subject adhesive

application operation that is complying by means ofSection 218/219.901 (c) shall submit

a certification to the Illinois EPA that includes the name, identification number, and

YOM content of each subject adhesive as applied each day. The owner or operator shall

40
also collect and record such infonnation, along with the daily weighted average YOM

content of all subject adhesives as applied.

Subsection (e) provides that the owner or operator of a subject adhesive

application operation that is complying by means ofSection 218/2l9.90l(d) shall submit

a certification to the Illinois EPA that includes information regarding the type of control

device used to demonstrate compliance, the results of all tests and calculations necessary

to demonstrate compliance, and a declaration that the owner or operator is in compliance

with monitoring requirements. The owner or operator shall also submit to the Illinois

EPA a copy of all test results within 90 days after conducting testing, and a certification

providing specified details regarding such testing. Finally, the owner or operatorshall

collect and record daily control device monitoring data, a Jog of operating time for the

control device, monitoring equipment, and the associated adhesive application unit, and a

maintenance log for the control device and monitoring equipment.

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

By: C)jp e\'" 1!TJii{,

Dana Vetterhoffer

Assistant Counsel

Division ofLegal Counsel

DATED: March 3, 2010

1021 N. Grand Ave. East

P.O. Box 19276

Springfield, IL 62794-9276

(217) 782-5544

41
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF:

REASONABLY AVAlLABLE CONTROL

TECHNOLOGY (RACT) FOR VOLATILE

ORGANlC MATERlAL EM1SSIONS FROM

GROUP JV CONSUMER & COMMERCIAL

PRODUCTS: PROPOSED AMENDMENTS

TO 35 ILL. ADM. CODE 211, 218, and 219

)

)

)

)

)

)

)

)

RIO- ;;IJ

(RuJemaking-Air)

ReCEIVED

CLERK'S OFFICE

MAR 08 2010

STATE OF ILUNOlS

POllution Control Board

CERTIFICATE OF SERVICE

I, the undersigned, an attorney, state that 1 have served the attached REGULATORY

PROPOSAL entitled "REASONABLY AVAILABLE CONTROL TECHNOLOGY (RACT)

FOR VOLATILE ORGANlC MATERIAL EMISSIONS FROM GROUP JV CONSUMER &

COJ\.1MERCIAL PRODUCTS: PROPOSED AMENDMENTS TO 35 ILL. ADM. CODE 211,

218, and 219," MOYlON FOR WAJVER OF COpy REQUIREMENTS, and APPEARANCE of

the Illinois Environmental Protection Agency upon the person to whom it is directed, by mailing

it by first-class mail from Sprillgfield, llIinois, with sufficient postage affixed, to the following

persons:

John Therriault, Assistant Clerk

TIlinois Pol1ution Control Board

James R. Thompson Center

100 West Randolph, Suite 11-500

Chicago, Dlinois 60601-32J8

Virginia Yang

Deputy Legal Counsel

Illinois Department ofNatural Resources

One Natural Resources Way

Springfield, IL 62702

DATED: March 3, 2010

1021 N. Grand Ave. East

P.O. Box 19276

Springfield, IL 62794-9276

(217) 782-5544

Matthew Dunn, Chief

Division of Environmental Enforcement

Office ofthe Attorney General

69 W. Washington, Suite 1800

Chicago, IL 60602

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

BY:~~1fJb Dana Vetterhoffe;:

Assistant Counsel

Division ofLegal Counsel
TECHNICAL SUPPORT DOCUMENT

for

CONTROL OF VOLATILE ORGANIC MATERIAL

EMISSIONS IN NON-ATTAINMENT AREAS

from

MISCELLANEOUS METAL AND PLASTIC PARTS

COATINGS; AUTOMOBILE AND LIGHT-DUTY TRUCK

ASSEMBLY COATINGS; MISCELLANEOUS

INDUSTRIAL ADHESIVES; AND FIBERGLASS BOAT

MANUFACTURING MATERIALS

AQPSTR 10-01

January 2010

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

1021 NORTH GRAND AVENUE EAST

P.O. BOX 19276 .

SPRINGFIELD, ILLINOIS 62794-9276
Table of Contents

List of Acronyms .

Tables.................... . .

Executive Summary , ,.. ', .

2

3

4

1.0

2.0

3.0

4.0

5.0

Introduction .

Miscellaneous Metal and Plastic Parts Coatings .

2.1 Description of Sources and Emissions .

2.2 Emissions in Illinois from Miscellaneous Metal and Plastic

Parts Coatings : .

2.3 Teclmical Feasibility"ofControls .

2.3.1 Option I: Use ofLow YOM Coatings .

2.3.2 Option 2: Use of Low YOM Coatings and Add-on

Controls .

2.3.3 Option 3: 90% Capture and Control Efficiency .

2.4 Economic Reasonableness and Cost Effectiveness ofControls .

2.5 Additional Recommendations: Work Practices .

2.6 Potentially Affected Sources in Illinois .

2.7 Existing Regulations .

Automobile and Light-Duty Truck Assembly Coatings .

3.1 Description of Sources and Emissions , ..

3.2 Emissions in Illinois from Auto and Light-Duty Truck

Coatings ..

3.3 Technical Feasibility ofControls .

3.4 Economic Reasonableness and Cost Effectiveness ofControls ..

3.5 Additional Recommendations: Work Practices .

3.6 Potentially Affected Sources in TIlinois ..

3.7 Existing Regulations .

Miscellaneous Industrial Adhesives ..

4.1 Description of Sources and Emissions .

4.2 Emissions in Illinois from Miscellaneous Industrial Adhesives .

4.3 Technical Feasibility of Controls ..

4.4 Economic Reasonableness and Cost Effectiveness ofControls .

4.5 Additional Recommendations: Work Practices ..

4.6 Potentially Affected Sources in Ulinois ..

Fiberglass Boat Manufacturing Materials .

5.1 Description of Sources and Emissions .

5.2 Recommended Control Techniques for Fiberglass Boat

Manufacturing Materials ..

5.2.1 Option I: Use of Low Monomer YOM Manufacturing

Materials .

5.2.2 Option 2: Emissions Averaging Option ..

5.2.3 Option 3: Add-on Controls .

5.3 Technical Feasibility ofControls , .

5.4 Economic Reasonableness ofControls ..

5.5 Additional Recommendations: Work Practices .

6

8

8

9

9

10

14

17

17

19

20

23

24

24

24

25

27

28

29

29

30

30

31

31

34

34

35

37

37

37

38

39

42

43

43

43

References.... . 45
CAA

CO

CTG

EDP

Illinois EPA

MMA

NAA

NAICS

NESHAP

NOx

OTC

ppm

RACT

SIP

USEPA

VOM

List of Acronyms

Clean Air Act

Carbon Monoxide

Control Techniques Guidelines

Electrodeposition Primer

Illinois Environmental Protection Agency

Methyl Methacrylate

Non-attainment Area

North American Industry Classification System

National Emissions Standards for Hazardous Air Pollutants

Nitrogen Oxides

Ozone Transport Commission

Parts per million

Reasonably Available Control Technology

State Implementation Plan

United States Environmental Protection Agency

Volatile Organic Material

2
Table 2.1

Table 2.2

Table 2.3

Table 3. I

Table 3.2

Table 4.1

Table 4.2

Table 5.1

Table 5.2

Tables

YOM Limits for Metal and Plastic Parts Coatings in Terms

ofMass per Volume of Coating 12

YOM Limits for Metal and Plastic Parts Coatings in Terms

ofMass per Volume of Solids 15

Potentially Affected Sources in lllinois 20

Recommended YOM Emission Limits for Automobile and Light-Duty

Truck Assembly Coatings 26

Recommended YOM Emission Limits for Miscellaneous Materials

Used at Automobile and Light-Duty Truck Assembly Coating

Facilities (grams ofVOM per liter of coating excluding water

and exempt compounds as applied)..... 27

YOM Emission Limits for General and Specialty Adhesive

Applicatiou Processes 33

Potentially Affected Sources in lllinois 36

Compliant Materials Monomer YOM Content Recommendations

for Open Molding Resin and Gel Coat.. 39

Monomer YOM Emission Rate Formulas for Open Molding

Operations 42

3
Executive Summary

On September 30, 2008, the United States Envirorunental Protection Agency ("USEPA") issued

final Control Techniques Guidelines ("CTGs") in lieu of national rules to regulate five categories

of consumer and commercial products that have been designated as Group IV Consumer and

Commercial Products. The intent ofthese CTGs was to reduce emissions of volatile organic

material ("VOM") from miscellaneous metal and plastic parts coatings, auto and light-duty truck

coatings, miscellaneous industrial adhesives, and fiberglass boat manufacturing materials.

The purpose ofthis document is to provide technical support for a rulemaking to incorporate the

recommended control techniques for the Group IV categories into Illinois regulations, limiting

emissions of VOM in ozone non-attairunent areas (''NAAs''). This technical support document , .

addresses: the technical feasibility ofthe proposed control techniques; their economic

reasonableness and cost effectiveness; the sources in Illinois that will be impacted by the

proposed regulation; the reasoning behind adopting these rules in Illinois; and the process by

which the control techniques have been developed by the USEPA in order to meet a reasonably

available control technology ("RACT") standard,

The Illinois Environmental Protection Agency ("Illinois EPA") has detennined that the proposed

regulations to implement the recommendations ofthe USEPA CTGs addressing the Group IV

categories are both technically feasible and economically reasonable. The Dlinois EPA has

relied primarily upon the analysis conducted by the USEPA in developing the CTGs for these

categories. Illinois is required by the Clean Air Act ("CAA") to revise its State Implementation

Plan ("SIP") to include RACTcontrol for sources addressed by a CTG. CAA Section 182(b)(2)

requires that states submit SIP revisions in response to any CTG issued between November 15,

1990, and the attainment date for any NAA, The Illinois EPA is proposing regulations consistent

with the recommendations contained in the CTGs to control VOM emission from Consumer and

Commercial Products, Group IV,

Three ofthe Group IV categories, miscellaneous metal coatings, plastic parts coatings, and auto

and light-duty truck assembly coatings, are currently addressed by Illinois regulations for the

4
Chicago and Metro-East St. Louis NAAs in 35 Ill. Adm. Code Parts2l8 and 219, respectively.

The RACT recommendations ofthe current CTGs provide more stringent limits for sources as

well as more specific subcategories for coatings and applications. 'Parts 218 and 219 have been

amended to reflect the CTGs' RACT recommendations.

The other two Group IV categories addressed by CTGs are currently not specifically addressed

by Illinois regulations. These categories are miscellaneous industrial adhesives and fiberglass

boat manufacturing materials. The Illinois EPA is proposing two new Subparts, Subparts II and

JJ, for Parts 218 and 219 that will address these categories:

5
1.0 Introduction

Pursuant to Section 109 ofthe CAA, as amended in 1990, and to protect the public health, the

USEPA revised the National Ambient Air Quality Standard ("NAAQS") for ozone effective July

17, 1997. The USEPA lowered the NAAQS for ozone to 0.08 parts per million ("ppm") from

the previous 0.120 parts per million. In addition, the time period used for measuring compliance

was increased from the previous 1 hour to 8 hours. In Illinois, Chicago and the Metro-East St.

Louis area have becn designated as moderate ozone NAAs for the 1997 NAAQS. Included in

the Chicago NAA are Cook, DuPage, Kane, Lake, McHenry, and Will counties, as well as the

Aux Sable Township and GooseLake Township in Gnmdy County, and Oswego Township in

Kendall County. The Metro-East St. Louis NAA is comprised ofJersey, Madison, Monroe, and

St. Clair counties. CAA Section 172 requires that SIPs for these NAAs include requirements for

RACT as it applies to emissions sources.

To comply with the requirements for RACT, the Illinois EPA is proposing to reduce YOM

emissions from miscellaneous metal and plastic parts coatings, automobile and light-duty truck

assembly coatings, miscellaneous industrial adhesives, and fiberglass boat manufacturing

materials. These five YOM emission sources have been designated as "Consumer and

Commercial Products, Group N" categories by the USEPA. Pursuant to CAA Section

183(e)(3)(C), USEPA determined that CTGs "will be substantially as effective as national

regulations in reducing emissions of volatile organic compounds in ozone national ambient air

quality standard nonattainrnent areas5

.', Based on that determination, USEPA issued final CTGs

in lieu ofnational regulations for the affected categories on September 30, 2008. Illinois EPA

has addressed the CTG recommendations in the proposed rule for this group ofSOurce

. 1-4 categones .

Miscellaneous metal parts coatings, plastic parts coatings, and auto and light-duty truck assembly

coatings are currently regulated by the TIlinois EPA in Subpart F of 35 Ill. Adm. Code Parts

218.204 and 219.204 for the Chicago and Metro-East St. Louis NAAs respectively. However,

the Illinois EPA's proposed amendments are more stringent, and prescribe YOM content limits

for more specific product subcategories, than current TIlinois regulations.

6
Fiberglass boat manufacturing materials are currently regulated by a 200 I National Emission

Standard for Hazardous Air Pollutants ("NESHAY') (40 CFR Part 63 Subpart VVVV). The

current Illinois regulation for polyester resin product manufacturing in Subpart CC of35 Ill.

Adm. Code Part 218, requiring high efficiency spray techniques and YOM content limits in resin

and gel coat materials, was determined by the USEPA to be less stringent than the 2001

NESHAP4

. The recommendations in the CTG are based on the emission levels from sources

complying with the aforementioned NESHAP.

There are currently no federal or state regulations specifically addressing miscellaneous

industrial adhesives>'

Further reductions ofVOM emissions from the aforementioned categories will be beneficial to

the environment and are considered to be both economically reasonable and technologically

feasible. For these reasons the Illinois EPA has proposed this rule for controlling YOM

emissions from Group IV consumer and commercial products.

In evaluating the potential reductions ofVOM emissions from Group IV consumer and

commercial products and their cost effectiveness, the illinois EPA has relied upon the four

USEPA CTG documentsl

-4. This technical support document is based on a review ofthose

CTGs and is in support ofthe amendments proposed to implement RACT control techniques in

Illinois. Further regulation ofthese source categories will be integrated into Illinois' state

implementation plan ("SIP") for achieving and maintaining attainment ofthe NAAQS in Illinois

NAAs.

7
2.0 Miscellaneous Metal and Plastic Parts Coatings

2.1 Description of Sources and Emissions

Miscellaneous metal and plastic parts coatings are coatings applied to a wide range ofmetal and

plastic parts for decorative, protective, and functional purposes. The coatings are applied to

components ofproducts that include, but are not limited to: fabricated metal products, molded

plastic parts, small and large farm machinery, commercial and industrial machinery and

equipment, automotive or transportation equipment, interior or exterior automotive parts,

construction equipment, motor vehicle accessories, bicycles and sporting goods, toys,

recreational vehicles, pleasure craft (recreational boats), extruded aluminum structural

components, railroad cars, heavier vehicles, lawn and garden equipment, business machines,

laboratory and medical equipment, electronic equipment, steel drums, metal pipes, and numerous

other industrial and household products. For the purposes ofthis technical support document,

and for consistency with the corresponding CTG, these varied subcategories ofparts will be

referred to collectively as "miscellaneous metal and plastic parts coatings:"]

Emissions ofVOM from this source category occur when the solvent carrying the coating

material evaporates and leaves the coating material on the surface during application and drying,

and to a lesser extent during the mixing and thinning ofthe coating, and during cleaning

. I operatIOns .

The coatings affected by the proposed amendments are coatings that are applied by the

manufacturers to the parts they produce, and not for coatings that are applied to test panels or

coupons for research and development, quality control, or performance testing. Additionally,

miscellaneous metal and plastic parts coatings do not include any coatings that are otherwise

defined in CAA Section 183(e) which have been previously addressed by other erGs. These

previously addressed coatings include: shipbuilding and repair coatings; aerospace coatings;

wood furniture coatings; metal furniture coatings; large appliance coatings; automobile and lightduty truck assembly coatings; flatwood paneling coatings; miscellaneous industrial adhesives;

fiberglass boat manufacturing materials; and paper, film, and foil coatings.

8
The USEPA CTG addressing miscellaneous metal and plastic parts coatings provides a more

detailed description ofthe affected categories and the processes in which they are used and emit

VOM 1

2.2 Emissions in Illinois from Miscellaneons Metal and Plastic Parts Coatings

The Illinois EPA has determincd that there are approximately III sources in l11inois NAAs that

fall into the miscellaneous metal and plastic parts coating category, and that meet or exceed the

15 pound per day criteria for YOM emissions for sources in the proposed regulation. Because

existing emission sources in Illinois arc riot required to report what portion oftheir YOM

emissions are due to metal and plastic parts coatings, it is difficult to determine the total YOM

emissions directly related to the category. The Illinois EPA used data provided by USEPA to

determine which Illinois sources would potentially be affected. Based on this information the

Illinois EPA estimates that potentially affected sources in Illinois emitted a total of 1730 tons of

YOM in 2007. The USEPA's CTG on miscellaneous metal and plastic parts coatings does not

detail the level of control anticipated from proposed regulations meeting the CTG's

recommendations, so the Illinois EPA has not estimated the YOM reductions that may result

from implementation ofthis proposal.

While the data regarding total emissions ofVOM and emission reductions from the proposed

regulation ofmiscellaneous metal plastic parts coatings is uncertain, CAA Section 182(b)(2)(A)

requires that SIPs be revised to include RACT for YOM sources covered by a CTG issued by

USEPA after November 15, 1990, and before the area's date of attainmentl

. The USEPA CTG

regarding this category was intended to provide recommendations for RACT control of the

various affected coatings. The Illinois EPA concurs with the recommendations ofthe CTG and

has included them, with few exceptions, in the proposed regulation for Group IV of consumer

and commercial products..

2.3 Technical Feasibility of Controls

The CTG issued by USEPA for the control of emissions from miscellaneous metal and plastic

parts coatings proposes three options for the control of emissions from affected sources, as well

as additional recommendations for work practices related to coating activities and cleaning

9
activities. The three options for control detailed in the eTG are intended to provide a measure of

flexibility in compliance. The Illinois EPA has included all three options in the proposed

regulation.

Reduction ofVOM emissions from this category can typically be achieved by: pollution

prevention methods such as product substitution or reformulation to use lower YOM materials;

use of higher efficiency coating application equipment such as electrostatic sprayers or high

volume low pressure ("HVLP") sprayers; the use of capture and control equipment to capture

emissions and combust them, or to recover them using adsorption or absorption processes; and

the use ofrecommended work practices. The eTG for miscellaneous metal and plastic parts

coatings provides a more complete description ofthese control methods'.'

The Illinois EPA has relied upon the eTG to determine the technical feasibility ofthe proposed

YOM limits. The USEPA based the limits and practices in the eTG on regulations achieving the

same level of emission reduction in ealifomia, and specifically in the South Coast Air Quality

Management District. Based upon compliance with these limits in other regions ofthe U.S.,

along with the flexibility in compliance measures in the proposed regulation, the limits in the

proposed regulation are technically feasible.

2.3.1 Use of Low YOM Coatings

To reduce YOM emissions from miscellaneous metal and plastic parts coatings, an affected

source may use low-YOM coatings. Option I from the eTG involves recommended application

methods and specific limits on YOM content in coatings in terms ofmass of YOM per volume of

coating. These YOM limits do not include water and exempt compounds in the calculation of

mass per volume YOM content. Table 2.1 lists the YOM limits in terms of mass ofVOM per

volume of coating for each coating category included jn the proposed regulation. Table 2.2

specifies the equivalent YOM limits in tenns ofmass ofYOM per volume ofsolids. Included in

the eTG there are a number of exceptions for specified coatings or uses ofthose coatings that

exempt them from either the YOM limits, the application methods, or both. This is due to these

coatings requiring a higher YOM content in order to meet performance specifications. These

10
Table 2.1 VOM Limits for Metal and Plastic Parts Coatings in Terms of Mass per

Volume of Coating

Metal Parts and Products

Air Dried Baked

kg VOM/L Ib VOM/gal kg Ib

Coating Category Coating Coating VOM/L VOM/gal

Coating Coating

General One Component 0.34 2.8 0.28 2.3

GeneraI Multi Component 0.34 2.8 0.28 2.3

Camouflage 0.42 3.5 0.42 3.5

Electric-Insulating Varnish 0.42 3.5 0.42 3.5

Etching Filler 0.42 3.5 0.42 3.5

Extreme High-Gloss 0.42 3.5 0.36 3.0

Extreme Performance 0.42 3.5 0.36 3.0

Heat-Resistant 0.42 3.5 0.36 3.0

High Performance Architectural 0.74 6.2 0.74 6.2

High Temperature 0.42 3.5 0.42 3.5

Metaiiic 0.42 3.5 0.42 3.5

Military Specification 0.34 2.8 0.28 2.3

Mold-Seal 0.42 3.5 0.42 3.5

Pan Backing 0.42 3.5 0.42 3.5

Prefabricated Architectural Multi-Component 0.42 3.5 0.28 2.3

Prefabricated Architectural One-Component 0.42 3.5 0.28 2.3

Pretreatment Coatings 0.4~ 3.5 0.42 3.5

Repair and Touch Up 0.42 3.5 0.36 3.0

Silicone Reiease 0.42 3.5 0.42 3.5

Solar-Absorbent 0.42 2.5 0.36 3.0

Vacuum-Metal/zing 0.42 3.5 0.42 3.5

Drum Coating, New, Exterior 0.34 2.8 0.34 2.8

Drum Coating, New, Interior 0.42 3.5 0.42 3.5

Drum Coating, Reconditioned, Exterior 0.42 3.5 0.42 3.5

Drum Coating, Reconditioned, Interior 0.50 4.2 0.50 4.2

Plastic Parts and Products

kg VOM/L Ib VOM/gal

Coating Coating

Generai One Component 0.28 2.3

General Multi Component 0.42 3.5

Electric Dissipating Coatings and Shock-Free 0.80 6.7 Coatings

Extreme Performance (2-pack coatings) 0.42 3.5

12
Metallic

Military Specification (1 pack)

Military Specification (2 pack)

Mold-Seal

Multi-colored Coatings

Optical Coatings

Vacuum-Metalizing

0.42

0.34

0.42

0.76

0.68.

0.80

0.80

AutomotivelTransportation Coatings'

3.5

2.8

3.5

6.3

5.7

6.7

6.7

High Bake Coatings - Interior and Exterior Parts

Flexible Primer

Non-flexible Primer

Base Coats

Clear Coat

Non-basecoaUciear coat

kg VOM/L

Coating

0.54

0.42

0.52

0.48

0.52

Ib VOM/gal

Coating

4.5

3.5

4.3

4.0

4.3

Low Bake/Air Dried Coatings - Exterior Parts

Primers

Basecoat

Clearcoats

Non-basecoatiClearcoat

Low Bake/Air Dried Coatings - Interior Parts

Touchup and Repair Coatings

0.58 4.8

0.60 5.0

0.54 4.5

0.60 5.0

0.60 5.0

0.62 5.2

Primers

Topcoat

Texture Coat

Fog Coat

Touchup and repair

Business Machine Coatings

kg VOM/L

Coating

0.35

0.35

0.35

0.26

0.35

Ib VOM/gal

Coating

2.9

2.9

2.9

2.2

2.9

• For red, yellow. and black automotive coatings, except touch up and repair coatings, the recommended

limit is determined by multiplying the appropriate limit in this table by 1.15.

13
Pleasure Craft Surface Coatings

Extreme High Gloss Topcoat

High Gloss Topcoat

Pretreatment Wash Primers

Finish Primer/Surfacer

High Build Primer Surfacer

Aluminum Substrate Antifoulant Coating

Other Substrate Antifoulant Coating

All other pleasure craft surface coatings for metal or

plastic

kg VOM/L

Coating

0.49

0.42

0.78

0.42

0.34

0.56

0.33

0.42

Ib VOM/gal

Coating

4.1

3.5

6.5

3.5

2.8

4.7

2.8

3.5

Vehicle Cavity Wax

Vehicle Sealer

Vehicle Deadener

Vehicle GasketfGasket Sealing Material

Vehicle Underbody Coating

Vehicle Trunk Interior Coating

Vehicle Bedliner

Vehicle Lubricating Wax/Compound

Motor Vehicle Materials

kg VOM/L

Coating

0.65

0.65

0.65

0.20

0.65

0.65

0.20

0.70

Ib VOM/gal

Coating

5.4

5.4

5.4

1.7

5.4

5.4

1.7

5.8

2.3.2 Use ofLow YOM Coatings and Add-on Controls

An affected source may also choose to combine the use oflow-YOM coatings with add-on

controls. This compliance option from the CTG involves achieving equivalent YOM emissions

from affected coatings by limiting YOM emission rates in terms ofmass ofVOM emitted per

volume of coating solids applied. Table 2.2 lists the YOM limits for each coating category

included in the proposed regulation. This option is intended for use by facilities employing a

combination oflow-VOM coatings, specific application methods, and add-on controls to achieve

the mass ofVOM emitted relative to applied coating solids. These limits have been converted

from those set forth in section 2.3.1, assuming a YOM density of 883g1L.

14
Table 2.2 VOM Limits Metal and Plastic Parts Coatings in Terms of Mass per Volume

of Solids

Metal Parts and Products

Air Dried Baked

Coating Category kg VOM/L Ib VOM/gal kg VOM/L lbVOM/gal

Solids Solids Solids Solids

General One Component 0.54 4.52 0040 3.35

General Multi Component 0.54 4.52 0040 3.35

Camouflage. 0.80 6.67 0.80 6.67

Electric-I nsulating Varnish 0.80 6.67. 0.80 6.67

Etching Filler 0.80 6.67 0.80 6.67

Extreme High-Gloss 0.80 6.67 0.61 5.06

Extreme Performance 0.80 6.67 0.80 6.67

Heat-Resistant 0.80 6.67 0.61 5.06

High Performance Architectural 4.56 38.00 4.56 38.00

High Temperature 0.80 6.67 0.80 6.67

Metallic 0.80 6.67 0.80 6.67

Military Speciiication 0.54 4.52 0040 3.35

Mold-Seal 0.80 6.67 0.80 6.67

Pan Backing 0.80 6.67 0.80 6.67

Prefabricated Architectural Multi-Component 0.80 6.67 0.40 3.35

Prefabricated Architectural One-Component 0.80 6.67 0040 3.35

Pretreatment Coatings 0.80 6.67 0.80 6.67

Silicone Release 0.80 6.67 0.80 6.67

Solar-Absorbent 0.80 6.67 0.61 5.06

Vacuum-Metalizing 0.80 6.67 0.80 6.67

Drum Coating, New, Exterior 0.54 4.52 0.54 4.52

Drum Coating, New, Interior 0.80 6.67 0.80 6.67

Drum Coating, Reconditioned, Exterior 0.80 6.67 0.80 6.67

Drum Coating, Reconditioned, Interior 1.17 9.78 1.17 9.78

Plastic Parts and Products

Coating Category

General One Component

General Multi Component

Electric Dissipating Coatings and Shock-Free

Coatings

Extreme Performance (2-pack coatings)

kg VOM/L Ib VOM/gal

Solids Solids

0040 3.35

0.80 6.67

8.96 74.70

0.80 6.67

15
Metallic

Military Specification (1 pack)

Military Specification (2 pack)

Mold-Seal

Multi-colored Coatings

Optical Coatings

Vacuum-Metalizing

0.80

0.54

0.80

5.24

3.04

8.96

8.96

6.67

4.52

6.67

43.70

25.30

74.70

74.70

AutomotivelTransportation Coatings·

Coating Category kg VOM/L Ib VOM/gal

Solids Solids

AutomotivelTransportation Coatings

High Bake Coatings - Interior and Exterior Parts

Flexible Primer 1.39 11.58

Non-flexible Primer 0.80 6.67

Base Coats 1.24 10.34

Clear Coat 1.05 8)6

Non-basecoaUclear coat 1.24 10.34

Low Bake/Air Dried Coatings - Exterior Parts

Primers 1.60 13.80

Basecoat 1.87 15.59

Clearcoats 1.39 11.58

Non-basecoaUClearcoat 1.87 15.59

Low Bake/Air Dried Coatings - Interior Parts 1.87 15.59

Touchup and Repair Coatings 2.13 17.72

Business Machine Coatings

Primers 0.57 4.80

Topcoat 0.57 4.80

Texture Coat 0.57 4.80

Fog Coat 0.38 3.14

Touchup and repair 0.57 4.80

• For red. yellow. and black automotive coatings. except touch up and repair coatings. the recommended

limit is determined by multiplying the appropriate limit in this table by 1.15..

16
Pleasure Craft Surface Coatings

Coating Category

Extreme High Gloss Topcoat

High Gloss Topcoat

Pretreatment Wash Primers

Finish Primer/Surfacer

High Build Primer Surfacer

Aluminum Substrate Antifoulant Coating

Other Substrate Antifoulant Coating

All other pleasure craft surface coatings for

metal or plastic

kg VOM/L

Solids

1.10

080

6.67

0.80

0.34

0.56

0.33

0.42

Ib VOM/gal

Solids

9.20

6.67

55.60

6.67

280

4.70

2.80

3.50

For the limits set forth in Sections 2.3.1 and 2.3.2 ofthis document, the USEPA recommends One

or more of the following application methods: electrostatic application, HVLP spray, flow coat,

roller coat, dip coat (including electrodeposition), airless spray, air-assisted airless spray, or other

coating application methods capable of achieving a transfer efficiency equivalent to or better

than that achieved by HVLP spraying.

2.3.3 90% Captnre and Control Efficiency

In lieu of using low YOM coatings as described in Sections 2.3.1 and 2.3.2, a source may opt to

install and operate an add-on captnre and control system that provides an overall control

efficiency of at least 90%. Sources complying with this compliance option would not be

required to meet the aforementioned YOM limits, or to employ recommended application

methods. This compliance option is expected to achieve emission reductions ofVOM that are

equal to or greater than the limits in Sections 2.3.1 and 2.3.2.

2.4 Economic Reasonableness and Cost Effectiveness of Controls

The Illinois EPA has relied upon the cost analysis conducted by the USEPA for the eTGs for

miscellaneous metal and plastic parts coatings to determine that the proposed regulations are cost

effective.

17
The USEPA used the National Emissions Inventory database to estimate the number of

miscellaneous metal and plastic parts coatings operations in non-attainment areas in the United

States that meet the IS lb per day threshold. They estimated that there are 1296 such sources in

the United States emitting an estimated 22,108 tons ofVOM per year. The USEPA also

estimated the average cost of compliance with the CTGs for this emission category to be $10,500

per source, and a co'st effectiveness of $1,758 per ton ofVOM reduced'. Using these estimates,

an affected source, on average, could be expected to achieve a reduction in YOM emissions of

5.97 tons annually. This would amount to an estimated reduction of 662 tons of YOM in lIlinois

NAAs. However, it should be noted that these estimated reductions would include reductions

that have already occurred at sources since the current regulations were implemented, and not

necessarily reductions from current emission levels.

The USEPA supplied the data that was used to detemiine that there were 1269 potentially

affected sources nationwide. Ofthese 1269 sources, ISS were found to be in Illinois NAAs and

potentially subject to the CTGs. One hundred eleven ofthese 155 lIlinois sources remained in

operation in 2007. Because the source emission data is generally not specific enough to

determine whether a source is emitting 15 pounds ofVOM per day specifically from

miscellaneous metal and plastic parts coatings, a conservative approach for costestimates was

used. For the purposes ofcost estimation, the Illinois EPA selected all sources in NAAs that

were selected by the aforementioned process. Because there were III potentially affected

sources, the Illinois EPA estimated, assuming a $10,500 per source average cost of compliance, a

maximum total compliance cost for Illinois state-wide to be approximately $1,165,500. While

this figure is almost certainly an over-estimate ofpotential costs, the Illinois EPA considers the

USEPA's estimate for cost effectiveness of$1758 per ton to be reasonable for control ofVOM.

A more detailed description ofthe USEPA's co,st analyses can be found in the CTG for

miscellaneous metal and plastic parts coatingsI.

18
2.5 Additional Recommendations: \Vork Practices

In addition to the limits recommended in the CTG and included in the proposed regulation, the

CTG also recommends work practices for miscellaneous metal and plastic parts coating

operations. The work practices address coating activities and cleaning activities, and are

intended to further reduce YOM emissions from the source category. The CTG states that the

emission reductions are unquantifiable, but states that the work practices will result in a net cost

savings to sources in this category.

The CTG recommends that work practices for coating related activities include the following:

(1) store all YOM-containing coatings, thilmers, and coating-related waste materials in closed

containers; (2) enSUre that mixing and storage containers used for YOM-containing coatings,

thinners, and coating-related waste materials are kept closed at all times except when depositing

or removing these materials; (3) minimize spills ofVOM-containing coatings, thirmers, and

coating-related waste materials; and (4) convey YOM-containing coatings, thinners, and coatingrelated waste materials from one location to another in closed contaIners or pipcs.

The CTG further recommends that work practices for cleaning materials include the following:

(1) store all YOM-containing cleaning materials and used shop towels in closed containers; (2)

ensure that storage containers used for YOM-containing cleaning materials are kept closed at all

times except when depositing or removing these materials; (3) minimize spills of YOM

containing cleaning materials; (4) convey YOM-containing cleaning materials from one location

to another in closed containers or pipes; and (5) minimize YOM emission from cleaning of

application, storage, mixing, and conveying equipment by ensuring that equipment cleaningis

performed without atomizing the cleaning solvent and all spent solvent is captured in closed

containers.

The proposed regulation includes the recommended work practices from the CTG in their

entirety.

19
2.6 Potentially Affected Sources in Illinois

In detennining the number ofsources potentially affected by the proposed regulation regarding

miscellaneous metal and plastic parts coatings, the Illinois EPA relied upon infonnation provided

by the USEPA. This source specific infonnation was the data that the USEPA relied upon to

estimate the number ofsources that would be impacted nationwide. The CTG for miscellaneous

metal and plastic parts coatings states that 1269 sources nationwide in non-attaimnent areas

would be affected by rules to implement the CTG. Ofthe 1269 sources in the U.S., 155 sources

were found to be in Illinois non-altaimnent areas, and 111 of these sources remained in operation

in 2007. Table 2.3 lists these impacted sources and their location.

Table 2.3 Potentially Affected Sources in Illinois

. Cook County . l._.._,. •• _. '_", __,.....•.. _ .•

Elk Grove

Village

. . • Elgin

• Elgin

Name

NORTHROP GRUMMAN SYSTEMS CORP

HIGHLAND MACHINE AND SCREW PRODUCT CO . Highland

ADVANCED ELECTRONICS INC

,-.- .

DEHLER MANUFACTURING CO

EAGLE ELECTRONICS INC

JOHN STERLING CORP

CHEM-PLATE INDUSTRIES INC

i ILLINOIS To6L WORKS - SHAKEPROOF Div _" ••••• .• ,__ .".__•••_ .n•• •••'. ._.' •• __

· MACHINERY COMPONENTS INC

· UNION PACIFIC RAILROAD CO

.............. _...--.-_. - .

BORG WARNER TRANSMISSION SYSTEMS ...--., .

· PEERLESS INDUSTRIES

CALUMET ARMATURE & ELECTRIC CO

Illinois

Source ID

031045AAE . UGN INC

119055AAK

111075AAD

031440AHD

089807AAD · .-..,-. __.-. _.- .... ----_.

• 089483ACD

0316DDFXO

, .

031015AAC

031186AGO

031258AAZ

_. Glty · Chicago

Ijeights

• Elg~~ .. .....K.~n~.c;o~~ly .

West Chicago : Kane Counly ..

• Chica!;j().. ....Co."k Counly.

Elk Grove DuPage .043440AHH . COATING TECHNOLOGIES INC • ." .. __ .;'{ill~g~.... ...~County .

·.03~~03~E ...A~~c;O I.~C. .... ~. A}.sip. ... Co()k.C()u~ly. 031096ABM CLAD REX INC Franklin Park •. Cook Counly

• 031600EIM GE~.ERJ',~E~EC:rRICIN!ERNATIONAL INC .. c;~i~~~.".. • Coo~Counly .

• 031~OOFSE ,ACTION F<Ac;~~.MA~UFACTURINGCO "' .. :C;hica&JoC,,()~Counly

·031600FME .• INGLOT ~L~c;:r.R()N.IC~GORP c;h.icag" .. c;ookC;oUnly

Rolling

· Meadows . Cook County " --'....-_...,,-- .. - ... _.., ., ....- -'".. .'..-

Chicago Cook County

Schaurnburg•...Cook (~o~~ly

West Chicago . ~~~~tge ... ... y ..

B~~lNood. Cook c;ounty

Melrose Park . Cook County

Riverdale ; Cook County

Madison

.. gounly ..

, Cook County

Richmond • McHenry

..... C;ounJL .

, Kan e County

." "Cook co~n;y .'I

· 043090ADE

· 031273ACK . ,.,.. _..

· 0316DDFTR

D31282ACH

. .... .,. '-,.. -... _.. ... - .

· 089438ADU . KINNEY ELECTRICAL MFG CO ......... ,._. - - .

031438AAW ELGIN SWEEPER CO

20
; Chicago

: Lisle

; Aurora

.. Lombard

· University

Park • +-.•••.••. _ •.

Waukegan

Bridgeview

· Chicago

. ----,." .-.-.

· Chicago

.. ~Dowr;ers""

Grove REXNORD CORP· REX BEARING DIV

, ElM CORP

119115ABC 'MILLENNIUM RAIL INC

163060AAC ,WIEGMANN AND CO INC

043055AAC ! LOCKFORMER CO

031600CUP 'KREL LABORATORIES INC

043407AAH . FLUID AIR INC

;.- . __ .._---- ----_., ----,. _._---

'031600EZF . YALE POLISHING & PLATING .. --._~ _..--+.- .- ..- .,...,..... ""-"'.._--", _.- ...'..... -..-..,...

031600CFW . WELDED TUBE CO OF AMERICA

'197072AAC ,FEDERAL SIGNAL CORP SIGNAL DIVISION

..

: 031024ABC • G & W ELECTRIC CO

. 043030AAU

, DuPage

._,:.Q,?-u.n~y.

...Cook County

SI. Clair · Freeburg ....' ... .._ County -'Ou-Page

, County

. Madison Wood River County

... __ ;.B~u~.I~.la~~ ,.:(~()QkCounl)'

Harwood

_03~~~~~~ :.~E.~:J.A~.IND.U.~~.RI.~~~~~. ... . .. :.t!eig~l~ ..... ",. ~~o~ Cou~ty ...

'043030AAG .. MAGNETROL INTERNATIONAL . Downers . DUPage

.t......_.......:§r9"~.. _. . .C.ounty .• _..

:O=~4~~~~1 COMMERCIALFI~I.SHE:S.~OLTDe:I~~~~ove.~ook Coun~

,.0328o..5~(3 ..[)~RAC:;()PR()D~.c;:r?_It'JC:;... . ., ..~tr~",:"w..ood Coo.kCo~~ty .

, 031600FSL S & B FINISHING CO .. Chicago , Cook County

'031~OO~~E. RS OWENS AND CO . Chicago .. (,;ook, Cou~ty. .

,031600EYE . SORINI RING MANUFACTURING CO INC ... .... , Chi~"Q?.. ,C.??k.C.".lJ.n.tl'... ,

097200AAZ'TACTION ATHLETIC EQu'ipMENTiNC . .. Zion Lake County .. ,,,._.. _ ,.__._._.•_ _~_ ._•• _, ._ "._, " __ _._ ..__. __ ......••.. •......... __ __ _ _ .• .•..__•.•_.,, _. __l. "_,., ".• ". __'._" __..•....._.

i 031096ANA : QC FINISHERS . Franklin Park 'Cook County

L.1.§I!'O?~~ .CLEVEL~NPS:rEELC:;()NTAINER CORP .. __ P~c:t~nE! .. _. .. Will C0lJ..n1l'.. __ ,

,097418AAQ . VAPOR BUS INTERNATIONAL ' Buffalo Grove ,Lake County , .....----.--•.--..-.. - _ --..- - ---... .._ - .-.--.-. ";"M'''fj -..

; 111065AAQ ,NISSAN FORKLIFT CORPORATION NA • Marengo . c enry ___ ..__ __. _ ". ..._ " __ ._ :..C;0ll.~ty

. 043090ACH 'NATIONAL CONTROLS CORP:.:"'':~~_hi~~~~:.~~~;t~~ _

~031414APT":'VAPoR'POW'ER .... , Bensenville ' Cook County

: 031600CSZ : READY METAL MANUFACTURING CO:.s:.~~~\l.?.....__.":"C:;O?~C~~nty_

'~7i15~~x. .. '~~~sc:~§rr~~RMF~.~~I~C' ~.~_u.n'!.~ein ~~ake c:;ounty ,

rO=~.O~~~ ... AL_C? S~.~~N.~..IND~S~~~=-s.._____.;~;:~~~..._ . __C~Ok ~ount~., ; 031096ABK . BRUNNER AND LAY INC Franklin Park .. Cook County ..

--1-~9~~~~~~ "~~Di~;~~~~~~'CO~~~~~~:LC .. _ .... '._~_ - _~~~~~~.~i;y~· T~~~~~~n." _-I

, 031174AAA. " GENERAL MOTORS .. ELECTRO·MOTIVE DIV McCook , Cook County

i 163010AAH 'EMPIRE COMFORT SYSTEMS Belleville; SI. Clair

; County

Cook County

Cook County'. .. :...•. ".'" ... , •..•..-._- 1

DuPage

, County

DuPage

. ,County

: Will County

Lake County

• Cook County'

097190AD'F';CH'ERRy'ELECTRicAL PRODUCTS

: 031027AAG . SIGNODE CORP

21
Cook County

Cook County ... _.. ..

DuPage

Co."nly _

SI. Clair

· County _.

Cook County

DuPage

_g"u_':l..tL .'

.. c::()()~<:;?_u_nty

.... '. Will C_o~~!L

.. Cook County . _ ,--- _._--

· C()()~c:;()_u~l~ .

Cook County .

: Cook County

Itasca

Highland

Chicago

Alorton

· Aurora

Barrin[iton

Chicago . -- _. -- _...__.- -_ ..

· Morton Grove

Wheeling.

Chicago

Palatine

. .. -...-.. -

Alsip

· C~icago

Chicago .... - -_ ... _.

· Chicago

Heights.

BRITT INDUSTRIES

ICON IDENTITY SOLUTIONS

AMERICAN FLANGE & MANUFACTURING CO INC ; Carol Stream

BASLER ELECTRIC CO

API INDUSTRIES

ITW BUILDEX

GOODER HENRICHSEN CO INC

031403AAC

043450AAA

031045AMS

· 031297AAN 'SHELCO STEEL WORKS INC ---- .._-_..- . _... _.. ... _- - .-

· 031030AAI ELKAY MANUFACTURING

.. 119055AAB

· 031440AHP

· Bellwood

.......,... _.-'

Elk Grove Cook County . _\J~lage_. .. _

Crest Hill ".--.-.~ ,._~ .._." .

C_h2ca_[io

Broadview . .. ....•.. ._-,.

· Broadview

Arlington

Heights

__ . ?o.."th _H~II~nd '.. c.O?~ ~o_u~y__

_~r()a_d~i~w .. .. C_o~~ _c;?ul1.tL

• 111813AAE TC tNDUSTRIES INC Crystal Lake' McHenry _. .... ' . __ .._.. ... __. _._ . ,. __ .__ . . _... c;.()!!.':l..tX".. ..

.. 089802AAE . RAYVAC PLASTIC DECORATORS INC . Big Rock Kane County

: O~-3-0-4~~ .. ~~I~~~~-B~~~~R CORP " Glen,i"'-!,, --. . DuPage -- .. - - .

· Heights • County .

'197085AAS RUSSELL T BUNDY ASSOCIATES INC D/B/A PAN- . Rockdale Will County

: GLO

._o.3..1_~~OC;_S'~ . S~ c:_~_~Ec:TRIc:_C() ... _ __ ... C;hicago .,C:oo~C:()u~!y

03!_~§s..~ElH_Y(L()_~_FA_~~~f\J~~ CORP ._. _ _ _. _... __ Lin~o~n",oo~ ._c.09~~()u!.'ty

,03.1_~~§~~_K • IN~~~!'J!,~I<:J..f\J!,LTRUCK AND ENC;INE C()RP... ._ Melrose ParkC()()~_C;()~n!y

Elk Grove

... _ \I~I§ge

Chicago Cook County

.~a!,,~,,-e__ .... C:()()~-'~..()t:nty

Madison

· <::o~nty _

... '. _£r~nkf9~ ... . _\IIIiIIFCl..unty'_

Melrose Park . Cook County

K-,,_neC;()unty

_!-ake C:()u.~ly

c:ookc:()unty

Cook County

C()()k .Co~,,-ty_

Cook County ....... , ,.,

Cook County .......- ..... _.~ ..

Cook County

Co'okCounty

.. Cook C0..unty

; 031440AKK

; 031015ABZ . HA FRAMBURG AND CO

; 031600FWW USPS - CENTRAL VMF

· 031234AAM WEBER-STEPHEN INC

. ..- . _. . _.. - .

· 031600FLE ,EAGLEBROOK PLASTICS INC

, 043020ABE

· 163005AAE . METRO EAST INDUSTRIES INC

- ....._..... '" - --,-_ ...- -----_._--- --_.",. . -" .. -

· 197040AAN . NORWOOD MARKING SYSTEMS INC -_..- --- _.- _. -_ --_ ..__._- -_ .. _.. , -- ..

· 031186AFK WAGNER ZIP CHANGE

_!J8?Oo.5Af-lf'A __ ~<:lLJII"~() ~LE_C:T'3..0NIC::S CORf'.

097803AAC CROWN GYM MAT INC ... _...... - _._-_. - . _.. , .- - ---_....._...._-..... .. ...,-

031600GGA MORSE AUTOMOTIVE CORP

·031195Asi·' :'iIT-SELL-AN6'GOSSETI' .--

031324ACC 'ACCO INTERNATIONAL INC

• 0316-01lGAF R &....B_..POWDER __ ._ ... _. _. COATiNG '-

031234MP . ARLINGTON PLATING CO ._. " .._._- . ._.

031003ABA GREIF BROS CORP

031600CEK ABBEY FINISHING CORP ,-- ....._... _..,. .. .... ----_.. _.- ....

· 031600FXN . NINA ENTERPRISES INC

,"'" ,'.,.,.-- --._.~- _ _.. _-_ __..,- .._ -

·

• ,

197025AAF ••••• ~, •••,.' •• _•••HENDRICKSON _. "0'_'- "_••' •••_"•• ,,", •• _ •••STAMPING

· 031600FGY ACE PLATING CO ,... - ..- _..... -- . . -._...-._---_._- .. _..

031030ACP BL DOWNEY CO INC - ....-..-..... ~._ .._....,_. __ ._-_..

: 031030ACM . REPLOGLE GLOBES INC

22
Aurora

· Highland

: East Alton

: Chicago

· Heights

_S:_h_i9~_Q~____ .__S:~~k_,?_oun~

: Madison · Granite City . __ . _~.ounty

: Chicago : Cook County , · Joliel._:..will C0u.~ty

.'-Eik-Grove--

: Cook County __ -"'iI19g~_ __ ..

:~IQIJ: . __L~a~e: S::0un~~ __

- Homewood ' Cook County

_Madison

, County

Skokie ' Cook Coynty

· ~hi9a~_o.__,?o()k ,?oLJnty

'Chicago . c::()~k_ C"unty

Lake Bluff _Lake Counly

__ --'--~h.iG~.2() ~o()~_C::()unty_ ..

· Romeoville Will County

-B~~;en~iil~ :C~~k C~-;;~iy

, Madison

. County

: Kendall

- County

. Cook County

031440AFY - ACME FINISHING CO

,

. 093807AAB ; CATERPILLAR TRACTOR

f 031045ABS ; CHICAGO HEIGHTS STEEL

•__.__•.•_ 1..... .. ._.._. _. ~_. . •.. ._.

- 089438AGC ! PLASTIC DECORATOR " .. -_.------ -_._- ,_. __._--_._ .•..•. _--._-- ---- ._--.. : 031075AAB . ILLINOIS CENTRAL RAILROAD

'119020AAG ; OLIN CORP

·031288AHN . AMERICAN LOUVER CO ......_•. __ ...._. __.... ".... .., ,.,...... - .... ".,... ' ....._- ...__ .

.031600APY MEYER STEEL DRUM INC ;,. - ..:..__._-_.,_._.....,.. ,.,,- ... _.._.. __..._---_._. --_._-_ ...---_... _. -_.

?3.1600BR~_ ;~AK~~'?~D_~J;JG1~~~£<!!'J_~~~~_G CO

; 097809AAG JESSUP MANUFACTURING CO

'031600AXT - PALEX CONTAINTER SYSTEMS ,'--' ---_._---_. -'_.'--'-'~---'----- -- --_.- ;

L 197090AAZ .. l

,AMERICAN __ . . __ .... ._,STAIR __. CORP.__.__.

: 031414AAM _ASTROBLAST INC

i 119055ABE ; COOPER B-L1NE INC

i 031600FAY . MEYER STEEL DRUM INC

; 119040AAC 'ASF-KEYSTONE INC

1-··'·--·---···,,·-···---···· ,~ .

,031600FDI • WHEATLAND TUBE CO

; 197809AAC . CATERPILLAR INC t - .. _- -_.. _•._._-- ~._.... _. - ,,-- -- ----'•........•- ._-- -._ .. ".•.. '.•. -,. - _.

2.7 Existing Regulations

The current Illinois regulations regarding miscellaneous metal and plastic parts coatings can be

found in 35 IlL Adm_ Code Parts 218 and 219_ A summary ofthe Illinois rules for metal parts

coatings and for plastic parts coatings can be found in Appendices C and D, respectively, ofthe

CTG for these categories 1_

23
3.0 Auto and Light-Duty Truck Assembly Coatings

3.1 Description of Sources and Emissions

Auto and light-duty truck assembly coatings are coatings applied to new automobile or light-duty

truck bodies or body parts for those vehicles. These coatings are categorized under Section

183(e) ofthe CAA, and are most often formulated and marketed for this purpose. These coatings

are applied to vehicles to enhance durability and appearance. This coating category includcs

coatings applicd on a contractual basis outsidevehicle manufacturing facilities, but does not

include coatings used at plastic or composites molding facilities described in the Auto and LightDuty Trucks NESHAP (40 CFR Part 63, Subpartrrr/. Likewise, aerosol coatings are not

included in this coating category, as they are addressed by the national YOM rule for aerosol

coatings and are a separate category under CAA Section 183.

Emissions ofVOM from auto and light-duty truck coatings occur when the solvent carrying the

coating material evaporates and leaves the coating material on the surface during application and

drying, and to a Jesser extent during the mixing and thinning ofthe coating. The majority of

emissions from this category occur during coating application, flash off, and the drying and

curing ofthe coatings. Emissions from this product category can be reduced through the use of

lower YOM coatings, specific application methods and work practices, and by add-on control

equipment for the capture and control of emissions.

The coating process for automobiles and light-duty trucks generally consists ofsurface

preparation, priming operations, topcoat operations, and final repair operations. The proposed

regulation includes control measures for each ofthese phases ofthe coating process to meet the

recommendations of the CTG regarding this category. The CTG provides a more detailed

description ofthese processes"

3.2 Emissions in Illinois from Auto and Light-Duty Truck Coatin)::s

The lllinois EPA has identified only one source in an Illinois non-attainment area that will be

affected by the proposed regulation regarding auto and light-duty truck coatings. Ford Motor

Co., located·in Cook County, is currently the only source in the Illinois EPA inventory that is

classified by the North American Industry Classification System (''NAICS'') codes specified by

24
USEPA's notice offinal determination and availability of control technique guidelines' to be

affected by the auto and light-duty tmck coatings category. This single source reported

emissions of approximately 466 tons ofVOM from the affected coating lincs jn 2007. These

coating operations consist oftopcoat operations, prime coat opcrations, sealer application, dip

coating application, and a final repair coating line. All ofthese operations excecd the 15 pounds

YOM per day criteria taken from the CTG2 and included in the proposed regulation:

3.3 Technical Feasibility of Controls

The Illinois EPA has relied upon fhe CTG regarding auto and light-duty truck coatings to

determine the appropriate level of control and the feasibility ofthose measures. The CTG

regarding this category was intended to provide recommendations for RACT control ofthe

affected coating operations for automobiles and light-duty tmcks. The Illinois EPA's proposed

regulations for Group IV consumer and commercial products are consistent with the CTG's

recommendations.

Reduction ofVOM emissions from this category can typically be achieved by: pollution

prevention methods, such as product substitution or reformulation to use lower YOM coatings

and cleaning materials; use of higher efficiency coating application equipment such as

electrostatic sprayers or high volume low pressure ("HVLP") sprayers; the use of capture and

control equipment to capture emissions and combust them, or use of a hybrid system employing

a concentrator and an oxidizer; and the use ofrecommended work practices. For a more

complete description ofthese control methods the reader is directed to the CTG for auto and

light-duty truck assembly coatings2

The CTG issued by the USEPA for control ofemissions from auto and light-duty truck coatings

recommends YOM emission limits for coating operations; work practices for storage and

handling of coatings, thinners, and waste materials; and work practices for handling and use of

cleaning materials. The limits 'and work practices included in the CTG reflect current practices

that the USEPA considers to be RACT, and were supplied to the USEPA by member and nonmember companies ofthe Alliance ofAutomobile Manufacturers in 2008. For a more detailed

25
account oflocal, state, and federal actions leading to the USEPA determination ofthese limits

please refer to USEPA's eTG for auto and light-duty truck coatings2

.

The recommended YOM limits for auto and light-duty truck coatings listed in Table 3.1 are

specified by assembly coating process, and in the case of electrodeposition primer ("EDP")

operations, the YOM content is dependent on the solids turnover ratio, RT. The solid turnover

ratio is defined as the ratio oftotal volume of coating solids that is added to the EDP system in a

calendar month divided by the total volume design capacity ofthe EDP system.

Table 3.1 Recommended YOM Emission Limits for Automobile and Light-Duty Truck

Assembly Coatings

Assemblv Coatinq Process Recommended VOM Emission Limit

Electrodeposition primer When solids When 0.040s;R,.<0.160 When

(EDP) operations (including turnover ratio

application area, spray/rinse (RT)"",O.16 RTs;0.040

stations, and curing oven)

.0.084 kg VOM/liter 0.84 x 350o.160-Rrkg NoVOM

(0.7Ib/gal coating VOM/liter coating solids. emission limit.

solids applied

Primer-surfacer operations 1.44 kg ofVOM/liter of deposited solids (12.0 Ibs VOM/gaJ

(including application area, deposited solids) on a daily weighted average basis as

flash-off area, and oven) determined by following the procedures in the revised Automobile

Topcoat Protocol.

Topcoat operations 1.44 kg VOM/liter of deposited solids (12.0 Ib VOM/gal deposited

(including application area, solids) on a daily weighted average basis as determined by

flash-off area, and oven) following the procedures in the revised Automobile Topcoat

Protocol.

Final repair operations 0.58 kg VOM/liter (4.8 Ib VOMl.gallon of coating) less water and

less exempt solvents on a daily weighted average basis or as an

occurrence weiqhted averaqe.

Combined primer-surfacer 1.44 kg VOMlliter of deposited solids (12.0 Ib VOM/gal deposited

and topcoat operations solids) on a daily weighted average basis as determined by

following the procedures in the revised Automobile Topcoat

Protocol. .

In addition to the emission limits for assembly coating operations for automobiles and light-duty

trucks, the eTG recommends YOM emission limits for a number ofmiscellaneous materials

used in auto and light-duty truck assembly coating. These limits are listed in Table 3.2, and have

been included in their entirety in the proposed regulation.

26
Table 3.2 Recommended YOM Emission Limits for Miscellaneous Materials Used at

Automobile and Light-Duty Truck Assembly Coating Facilities (grams of

YOM per liter of coating excluding water and exempt compounds as applied)

Material Recommended YOM

Emission Limit

Automobile and light-duty truck glass bonding primer 900 g VOM/liter

Automobile and light-duty truck adhesive 250 g VOMJliter

Automobile and light-duty truck cavity wax 650 g VOM/liter

Automobile and light-duty truck sealer 650 g VOM/liter

Automobile and light-duty truck deadener 650 g VOM/liter

Automobile and light-duty truck gasket/gasket sealing material 200 g VOM/liter

Automobile and light-duty truck underbody coating 650 g VOM/liter

Automobile and light-duty truck trunk interior coating 650 g VOM/liter

Automobile and light-duty truck bed liner 200 g VOM/liter

Automobile and light-duty truck weatherstrip adhesive 750 g VOM/liter

Automobile and light-duty truck lubricating wax/compound 700 9 VOMlliter

3.4 Economic Reasonableness and Cost Effectiveness of Controls

The USEPA estimates that there will be no additional cost for the implementation ofthe control

techniques guidelines for auto and light-duty truck assembly coating. Affected sources have

reduced YOM emissions from coating operations in response to the New Source Performance

Standards ("NSPS''), the 2004 NESHAP6 for this category, and various State rules. The

recommendations from the CTG for this category were derived from information supplied to the

USEPA by the Alliance ofAutomobile Manufacturers, and reflect measures currently being

implemented at affected sources. Further, the USEPA estimates that the additional work

practices recommended in the CTG will result in a net cost savings to sources, as implementing

tllese work practices reduces the amount of coating and cleaning materials used.

27
3.5 Additional Recommendations: Work Practices

In addition to the limits recommended in the USEPA CTG and included in the proposed

regulation, the CTG also recommends work practices for auto and light-duty tmck assembly

coating operations. The work practices included in the CTG address coating activities and

cleaning activities, and are intended to further reduce YOM emissions from the source category.

The CTG states that the emission reductions are unquantifiable, but states that the work practices

will result in a net cost savings to sources in this category.

The CTG recommends that work practices for coating related activities and cleaning activities

include the following: (I) store all YOM-containing coatings, thinners, and coating- related

waste materials in closed containers; (2) ensure that mixing and storage containers used for

YOM-containing coatings, thinners, and coating-related waste materials are kept closed at all

times, except when depositing or removing these materials; (3) minimize spills ofYOMcontaining coatings, thinners, and coating-related waste materials; (4) convey YOM-containing

coatings, thinners, and coating-related waste materials from one location to another in closed

containers or pipes; and (5) minimize YOM emissions from cleaning ofstorage, mixing, and

conveying equipment.

The CTG further recommends that sources in this category develop and implement a work

practice plan to ensure that YOM emissions are minimized from the following operations:

vehicle body wiping; coating line purging; flushing of coating systems; cleaning ofspray booth

grates; cleaning ofspray booth Walls; cleaning ofspray booth equipment; cleaning external spray

booth areas; and other housekeeping measures (e.g., keeping solvent-laden rags in closed

containers). Ifan affected source already has a work practices plan in place from the

aforementioned 2004 NESHAP6

, the proposed regulation does not require a new plan.

The proposed regulation includes the recommended work practices from the USEPA CTG in

their entirety.

28
3.6 Potentially Affected Sources in Illinois

As previously stated, Illinois EPA has only identified One source from its emissions inventory

that will be affected by the regulation regarding auto and light-duty truck assembly coatings.

This source is Ford Motor Co. in Cook County (source ill 031600AAR).

3.7 Existing Regulations

The current Illinois regulations regarding automobile and light duty truck assembly coatings in

NAAs can be found in 35 Ill. Adm. Codc Parts 218 and 219. These rules currently are based

upon the 2004 NESHAP6 as stated above, and a summary ofthese regulations can be found in

the CTG for this category'.

29
·4.0 Miscellaneous Industrial Adhesives

4.1 Description of Sources and Emissions

The miscellaneous industrial adhesives category includes adhesives and adhesive primers at

manufacturing and repair facilities with adhesive application operations. The category does not

include adhesives that have been ,addressed by earlier CTGs. Miscellaneous industrial adhesives

are used for joining surfaces in assembly and construction of a large variety of products.

Adhesives allow for faster assemhly speeds, less labor input, and more ability for joining

dissimilar materials than other fastening methods. Although there are a wide variety of adhesives

fonnulated from a multitude ofsynthetic and natural raw materials, all adhesives can be

generally classified as solution/waterborne, solvent-borne, solventless or solid (e.g., hot melt

adhesives), pressure sensitive, hot-melt, or reactive (e.g., epoxy adhesives and ultraviolet-curable

adhesives). Adhesives can also be generally classified according to whether they are structural or

nonstructural. Structural adhesives are commonly used in industrial assembly processes and are

designed to maintain a product's structural integrity3

The YOM emissions from miscellaneous industrial adhesives are generally due to evaporation of

solvents during application of the adhesive, drying and curing of the adhesive, and in cleaning

operations. The majority of emissions occur during the application and drying/curing ofthe

adhesives. Industrial adhesives are applied in a number of ways that include: air atomized spray,

electrostatic spray, high volume/low pressure (HVLP) spray, dip coating, flow coating, brush or

roll coating, electrocoating, and hand application. For a more detailed description of operations

involved in the use of miscellaneous industrial adhesives please refer to the USEPA CTG3 for

the category.

There are currently no Federal or Illinois regulations specifically addressing miscellaneous

industrial adhesives. The intent ofthe CTG regarding the category is to ,ecommend control

measures that are considered RACT. The USEPA detennination ofRACT and the issuing of

CTGs were based upon a number of current regulations for industrial adhesives in place in a

number of California air quality management districts. For a more detailed description ofthe

regulatory history that was evaluated by the USEPA, the reader is directed to the CTG3 for

miscellaneous industrial adhesives.

30
4.2 Emissions in Illinois from Miscellaneous Industrial Adhesives

The Illinois EPA has detennined that there are approximately 12 sources in Illinqis nonattainment areas that could be potentially affected by the proposed regulation for miscellaneous

industrial adhesives. The Illinois EPA identified these sources from data provided by the

USEPA while that agency was researching the CTG addressing this category. This group of

sources was screened to detennine whether a source was in an Illinois NAA, and finally to

detennine whether the source could potentially exceed the 15 pound per day YOM emission

criteria from the CTG. Because the Illinois emission inventory data is not adequately specific to

detennine what portion of a source's emissions are due to industrial adhesives, it is difficult to

detennine the total YOM emissions directly related to the category at any given source. The

potentially affected sources in Illinois NAAs emitted an estimated total of 120 tons ofVOM in

2007.

While the data regarding total emissions ofYOM and emission reductions from the proposed

regulation ofmiscellaneous industrial adhesives is uncertain, CAA Section 182(b)(2)(A) requires

that SIPs be revised to include RACT for YOM sources covered by a CTG issued by USEPA

after November 15, 19903

• The USEPA CTG regarding this category was intended to provide

recommendations for RACT control ofthe various affected coatings. The Illinois EPA's

proposed regulations for Group IV consumer and commercial products are consistent with the

CTG's recommendations.

4.3 Technical Feasibility of Controls

The Illinois EPA has relied upon the USEPA CfG regarding miscellaneous industrial adhesives

to detennine the appropriate level of control and the feasibility ofthose measures. The two most

common emission control techniques for reducing YOM emissions from miscellaneous industrial

adhesives are pollution prevention and add-on control equipment. The pollution prevention

measures involve the use oflower YOM adhesives, higher solids content adhesives, higher

efficiency application methods, and work practices to reduce waste and minimize emissions

during cleaning operations. Add-on controls for capture and control of YOM emissions are

systems similar to those used for a variety ofprocesses that generate YOM emissions, and

31
involve capture and oxidation or recovery. The recommendations for control ofVOM from this

category in the CTG were based upon rules currently in effect in Califomia and the Ozone

Transport Commission ("OTC"). The USEPA believes these measures to be RACT, and the

Illinois EPA concurs. The CTG for miscellaneous industrial adhesives3 contains a complete

description of USEPA's detemlination ofRACT for this category.

In order to provide sources some flexibility in compliance measures, the USEPA has

recommended three control options for reduction of YOM emissions from this category. The

first option for control involves the use oflow YOM adhesives and adhesive primers. The

second control option is the use of a combination oflow YOM adhesives and primers and add-on

controls to achieve emissions equivalent to the YOM content limits ofthe first option. In the

third compliance option a source may employ add-on.controls to achieve a control efficiency of

85% as an alternative to the prescribed emission limits ofthe first control option. This 85%

control efficiency criteria is expected to achieve emission reductions ofVOM that are equal to or

greater than the prescribed emission limits for the industrial adhesives. The Illinois EPA has

included all three options in the proposed regulation.

The emission limits for various adhesives and primers recommended in the CTG and included in

the proposed regulation are given in grams of YOM per liter of adhesive. These limits are listed

in Table 4.1.

32
Table 4.1 YOM Emission Limits for General and Specialty Adhesive Application

Processes

Recommended VOM

General Adhesive Application Processes Emission Limit

(g/l) (Ib/gal)

Reinforced Plastic Composite 200 1.7

Flexible Vinyl 250 I 2.1

Metal 30 03

Porous Material (Except Wood) 120 1.0

! Rubber 250 2.1

Wood 30 0.3 - Other Substrates 250 2.1

Specialty Adhesive Application Processes

Ceramic Tile Installation 130 1.1 ,

Contact Adhesive 250 2.1

Cove Base Installation 150 1.3

Floor Covering Installation (Indoor) 150 1.3

Floor Covering Installation (Outdoor) 250 2.1

_. Floor Covering Installation (Perimeter Bonded Sheet Vinyl) 660 5.5

Metal to Urethane/Rubber Molding or Casting 850 7.1

Motor Vehicle Adhesive 250 2.1

Motor Vehicle Weatherstrip Adhesive 750 6.3

Multipurpose Construction 200 1.7

Plastic Solvent Welding (ABS) 400 3.3

Plastic Solvent Welding (Except ABS) 500 4.2

Sheet Rubber Lining Installation 850 7.1

Single-Ply Roof Membrane Installation/Repair (Except EPDM) 250 2.1

Structural Glazing 100 0.8

Thin Metal Laminating 780 100

Tire Repair 100 0.8

Waterproof Resorcinol Glue 170 1.4

Adhesive Primer Application Processes I

Motor Vehicle Glass Bonding Primer 900 7.5

Plastic Solvent Welding Adhesive Primer 650 5.4

S;;:;-gle-Ply Roof Membrane Adhesive Primer 250 I 2.1

Other Adhesive Primer 250 2.1

33
·4.4 Economic Reasonableness and Cost Effectiveness of Controls

The Illinois EPA has relied upon the cost analysis conducted by the USEPA for the CTGs for

miscellaneous industrial adhesives and determined that the proposed regulations are cost

effective.

The USEPA used the National Emissions lnventory database to estimate the number ofsources

operating miscellaneous industrial adhesives application processes in non-attainment areas in the

United States that meet the 15 lb per day YOM emission criteria contained in the CTGs. The

USEPA estimated that there are 180 such sources in the United States, emitting an estimated

4,881 tons ofVOM per year. The USEPA relied upon cost estimates from California's Ventura

County Air Pollution Control District's 1993 study. This study estimated that the annualized

cost for a source to convert to using low YOM adhesives was approximately $2300 per source.

The USEPA then scaled that cost estimate to 1997 dollars and estimated the cost ofcontrol to be

$3,356 per source. This estimate was based upon the assumption that sources would use the

YOM limits in the proposed regulation rather than the alternative add-on control option. This

assumption was made because sources in currently regulated areas have already implemented the

use ofthese low YOM adhesives. and the reformulated products should be readily available

today. Using these assumptions the USEPA estimated the cost effectiveness on a per ton basis of

$265 per ton ofVOM reduced. The Illinois EPA estimates.that, with 12 of the 180 affected

sources nationwide, the total cost statewide for the proposed regulation will be approximately'

$40,272 annually. The Illinois EPA considers these figures for cost effectiveness and total

statewide cost to be reasonable for control ofVOM.

A more detailed description ofthe USEPA's cost analyses can be found in the CTG for

miscellaneous industrial adhesives3

4.5 Additional Recommendations: Work Practices

In addition to the limits recommended in the USEPA CTG and included in the proposed

regulation, the CTG also recommends work practices for miscellaneous industrial adhesives.

The work practices included in the CTG address adhesive related activities and cleaning

activities, and are intended to further reduce YOM emissions fTom the source category. The

34
CTG states that the emission reductions are unquantifiable, but states that the work practices will

result in a net cost savings to sources in this category.

The CTG recommends that work practices for adhesive related activities include the following:

(I) store all YOM-containing adhesives, adhesive primers, and process-related waste materials in

closed containers; (2) ensure that mixing and storage containers used for YOM-containing

adhesives, adhesive primers, and process-related waste materials are kept closed at all times,

except when depositing or removing these materials; (3) minimize spills ofVOM-containing

adhesives, adhesive primers, and process-related waste materials; and (4) convey VOMcontaining adhesives, adhesive primers, and process-related waste materials from one location to

another in closed containers Or pipes.

The CTG further recommends that work practices for cleaning materials should include the

following: (1) store all YOM-containing cleaning materials and used shop towels in closed

containers; (2) ensure that storage containers used for YOM-containing cleaning materials are

kept closed at all times except when depositing or removing these materials; (3) minimize spills

ofVOM-containing cleaning materials; (4) convey YOM-containing cleaning materials from one

location to another in closed containers or pipes; and (5) minimize YOM emission from cleaning

of application, storage, mixing, and conveying equipment by ensuring that equipment cleaning is .

performed without atomizing the cleaning solvent and all spent solvent is captured in closed

containers.

The proposed regulation includes the recommended work practices from the USEPA CTG in

their entirety.

4.6 Potcntially Affected Sources in Illinois

In determining the number ofsources potentially affected by the proposed regulation regarding

miscellaneous industrial adhesives the illinois EPA relied upon information provided by the

USEPA. This source specific information was the data that the USEPA relied upon to estimate

the number ofsources that would be impacted nationwide. The CTG for miscellaneous

industrial adhesives states that] 80 sources nationwide in non-attainment areas would be affected

35
by rules to implement the CTG. Of the 180 sources in the U.S., 17 sources were found to be in

Illinois non-attainment areas. Of those 17 sources, 5 sources ceased operation and 12 sources

were in operation in 2007. Table 4.2 lists these impacted sources and their location.

Table 4.2 Potentially Affected Sources in Illinois

Source 10 Name City County

031471ABS DELTA-UNIBUS CORPORATION Northlake Cook

031015AAC BORG WARNER TRANSMISSION SYSTEMS Bellwood Cook

031081ACU TAPECOATCO INC Evanston Cook

031324ACZ TECHNICAL LAMINATIONS & COATINGS INC WheelinQ Cook

Elk Grove

031440AFH UNIVERSAL CHEMICALS & COATINGS INC VillaQe Cook

Elk Grove

031440AFY ACME FINISHING CO VillaQe Cook

031096ABM CLAD REX INC Franklin Park Cook

Elk Grove

031440AKY D & K INTERNATIONAL INC VillaQe Cook

031600FXL , ARCHITECTURAL SPECIALTY PRODUCTS INC ChicaQO Cook

031600FPE RS OWENS AND CO Chicaao Cook

063060ACR RITCHIE BROS AUCTIONEERS (AMERICA) INC Morris Gnundv

007005AAB PACTIV CORPORATION Trenton S\. Claire

36
5.0 Fiberglass Boat Manufacturing Materials

5.1 Description of Sources and Emissions

The eTG addressing fiberglass boat manufacturing materials applies to sources manufacturing

fiberglass hulls or decks for boats, or sources tharconstnlct molds for the manufacture of

fiberglass boat hulls or decks. The eTG does not apply to sources solely manufacturing boat

parts, however if a source manufactures fiberglass boat hulls arid decks, the manufacture of alf

fiberglass boat parts at the source is covered by the eTG.

Emissions ofVOM from fiberglass boat manufacture occur from the use of gel coats and resins

applied to fiberglass in the manufacturing process, and from material used to clean application

equipment used in the process. For a more complete description ofmanufacturing processes for

this subcategory the reader is directed to the USEPA eTG addressing fiberglass boat

manufacturing materials'.

5.2 Recommended Control Techniques for Fiberglass Boat Manufacturing Materials

The USEPA in its CTG for fiberglass boat manufacturing materials has made recommendations

for what it considers RAeT control for the subcategory. In order to provide affected sources

with a degree offlexibility in compliance measures the eTG provides three options for control.

Much like the proposed regulation for miscellaneous metal and plastic parts coatings, these

options include use of compliant low YOM coatings, an emission averaging option, and an

overall control efficiency option. The USEPA recommends that States include all three options

in their determination ofRACT for the subcategory. Illinois EPA has included all three options

in the proposed regulation.

It should be noted that for the fiberglass boat manufacturing.materials subcategory that the

control measures are intended to reduce emissions ofmonomer YOM. The CTG describes

monomer YOM as such:

A monomer is a volatile organic compound that partially combines with itself, or

other similar compounds, by a cross-linking reaction to become a part of the

cured resin. A ji-action of each monomer compound evaporates during resin Clnd

gel COCIt application and curing. Not all of the styrene and MMA evaporate,

37
because a majority oj these compounds are bound in the cross-linking reaction

between polymer molecules in the hardened resin or gel coat and become part oj

the finished product. 4

Styrene and methyl methacrylate ("MMA") are the primary monomer VOMs used in gel coats

and resins for the manufacture of fiberglass boats. Non-monomer yOM is generally less than

5% of a resin or gel coat formulation. The proposed regulation does not limit non-monomer

YOM directly, however, if a product is found to contain greater than 5% non-monomer YOM,

the percentage exceeding 5% will be added to the monomer YOM content of a product for the

purposes of compliance.

There are a number of methods to reduce monomer YOM emissions from fiberglass boat

manufacturing material. Many ofthese methods are similar to the emission reduction measures

for the other categories in the proposed regulation such as lower monomer YOM materials, addon capture and control equipment, and recommended work practices. Other control options are

specific to this category and include the use of vapor suppressed re~ins and gel coats, the use of

non-atomizing resin application, and various closed molding techniques. These control methods

are discussed at length in the USEPA CTG for fiberglass boat manufacturing materials4

5.2.1 Use of Low Monomer YOM Manufacturing Materials

The USEPA CTG recommends a compliance option for sources using low monomer YOM

resins and gel coats. A source may meet the requirements by 'using low monomer YOM

products that meet the emission limits given for each material used in a given operation, or the

YOM content for all materials used in a covered operation can be averaged on a weight-adjusted

basis4 Table 5.1 lists the monomer YOM content limits based upon the material type and the

application method used.

The applicable recommended limits in Table 5.1 above would be considered met ifall materials

of a certain type meet the applicable monomer YOM content limit for a specific application

method on a weighted-average basis. The weighted-average monomer YOM content would be

determined based on a 12-month rolling average.

38
Table 5.1 Compliant Materials Monomer YOM Content Recommendations for Open

Molding Resin and Gel Coat

, Weighted Average

Material Application Method MonomerVOM

Content

(weight percent)

Production Resin Atomized (spray) 28

: Production Resin Non-atomized 35

Piqmenled Gel Coat Any method 33

Clear Gel Coat Any method 48

Toolino Resin Atomized 30

Toolino Resin Non-atomized 39

Toolinq Gel Coat Any method 40

A source would use Equation 1 to detennine weighted-average monomer YOM content for a

particular open molding resin or gel coat material4

Equation 1:

.Where:

Weighted Average Monomer VOM Content = L:i;l(MiVOMa

Ii';l(Ma

Mi = Mass ofopen molding resin or gel coat, i. used in the past 12 month in an

operation, in megagrams.

VOMi =

n=

Monomer VOM content, by weight percent, ofopen molding resin or gel coat, i,

used in the past 12 months in an operation.

Number ofdifferent open molding resins or gel coats used in the past 12 months

in an operation.

5.2.2 Emissions Averaging Option

The second compliance option from the USEPA CTG involves averaging the monomer YOM

emissions for all operations that a source chooses to include in an averaging group. Emission

limits from other operations at a source could be met by the compliance options detailed in

Sections 5.2.1 or 5.2.3. The monomer YOM emission limit for operations for which a source

chooses to use the averaging option is a source-specific monomer YOM limit determined by

39
Equation 2. The numerical coefficients on the light side ofEquation 2 are the allowable

monomer YOM emission rates for each material in units of kilograms per megagram.

Total allowable monomer VOM that can be emittedJrom the open

molding operations included in the average, kilograms per J2-

month period.

Mass ojproduction resin used in the past J2 months, excluding any

materials that are exempt, megagrams.

Mass ojpigmented gel coat used in the past J2 months, excluding

any materials that are exempt, megagrams.

Mass ojclear gel coat uSed in the past 12 months, excluding any

materials that are exempt, megagrams.

Mass oJtooling resin used in the past J2 months, excluding any

materials that are exempt, megagrams.

Mass ojtooling gel coat used in the past J2 months, excluding any

materials that are exempt, megagrams.

Equation 2:

Monomer VOM Limit = 46(MR) + 159(Mp c) + 291(Mcc) + 54(MrR ) + 214(Mrc )

Where:

Monomer VOM Content=

Mco =

Mpo =

Mro =

MTR =

After a monomer YOM limit for a source's averaged operations has been determined using

Equation 2, an emission average is determined on a 12 month rolling-average basis and

calculated at the end of each month. At the end of the first 12 month period, and at the end of

each subsequent month, the monomer YOM emissions from the source's averaged operations are

calculated, using Equation 3, to determine whether these emissions exceed the source's limit.

40
Equation 3:

Monomer YOM Emissions =(PVR)(MR) +(PVPG)(MpG ) +(PVcG)(McG ) + (PVTR)(MrR ) +(PVrG)(Mrd

W1Jere:

Monomer VOM emissions = Monomer VOM emissions calculated using the monomer VOM

emission equationsfor each operation included in the average,

kilograms.

MpG=

PVCG =

MCG=

PVT7/ =

Mm =

PVTG =

MTG =

Weighted-average monomer VOM emission rate for production resin used in the

past 12 months, kilograms per megagram.

Mass ofproduction resin used in the past 12 months, megagrams.

Weighted-average monomer VOM emission rate for pigmented gel coat used in

the past 12 months, kilograms per megagram.

Mass ofpigmented gel coat used in the past 12 months, megagrams.

Weighted-average monomer VOM emission rate for clear gel coat used in the

past 12 months, kilograms per megagram.

Mass ofclear gel coat used in the past 12 months, megagrams.

Weighted-average monomer VOM emission rate for tooling resin used in the past

12 months. kilograms per megagram.

Mass oftooling resin used in the past 12 months, megagrams.

Weighted-average monomer VOM emission rate for tooling gel coat used in the

past 12 months, kilograms per megagram.

Mass oftooling gel coat used in the past 12 months, megagrams.

Equation 4 is used to calculate t~e weighted average monomer YOM emission rate over the

previous 12 month period (PVop) for eaeh operation being averaged in Equation 3.

Equation 4:

l:f=,(MiPVi)

l:f=,(Mi)

W1Jere:

41
PVop=

Mj =

n=

PVi =

Weighted-average monomer YOM emission rate Jor each open molding operation

(PVR, PVPG, PVCG, PVTR, and PVTG) included in the average. kilograms oj

monomer YOMper megagram ojmaterial applied.

Mass ojresin or gel coat, i, used within an operation in the past 12 months,

megagrams.

Number ojdifferent open molding resins and gel coats used within an operation

in the past 12 months.

The monomer YOM emission rate Jor resin or gel coat, i, used within an

operation in the past 12 months, kilograms ojmonomer YOMper megagram oj

material applied. Use the equations in Table 4 to compute PVi.

The monomer YOM emission rates for the specific materials and application methods are given

in Table 5.2.

Table 5.2 Monomer YOM Emission Rate Formulas for Open Molding Operations

Material Application Method Formula to Calculate

Monomer VOM Emission

Rate

Production Resin, Tooling Atomized 0.014 x (Resin VOM%)".4"O

Resin Atomized, plus vacuum 0.01185 x (Resin VOM%)2.425 baaaina with roll-out

Atomized, plus vacuum 0.00945 x (Resin VOM%)2.425 baaaina without roll-out

Nonatomized 0.014 x (Resin VOM%)2.m

Nonatomized, plus vacuum 0.0110 x (Resin VOM%)2.275 baaaina with roll-aut

Nonatomized, pius vacuum 0.0076 x (Resin VOM%)2.275 baaaina without roll-out

Pigmented Gel Coat, Clear All methods 0.445 x (Gel coat VOM%)1.675 Gel Coat, Toolina Gel Coat

5.2.3 Add-on Controls

In the case that perfonnance requirements or other aspects of an operation require the use of

materials that do not meet the monomer YOM emission limits, a source may opt to use add-on

control equipment to reduce YOM emissions to below the limit detennined by Equation 2. A

42
source would be considered to be compliant ifmeasured emissions at the outlet of a control

device were less than the applicable emission limit for that operation.

5.3 Technical Feasibility of Controls

The Illinois EPA concurs with USEPA's RAeT determination in the eTG addressing fiberglass

boat manufacturing materials. Illinois EPA also concurs with the determination that the

recommendations ofthe eTG are technicaJly feasible because these recommended control

measures are merely based on controls currently in place at affected sources due to the

aforementioned 2001 NESHAP. It is also assumed that any source that intended to commence

operation of a source in this category in an Illinois non-attainment area would necessarily

consider the proposed regulation in the planning ofsource operations, and that the proposed

controls would be technically feasible for any new source.

5.4 Economic Reasonableness and Cost Effectiveness of Controls

Because there are currently no sources in Illinois that will be affected by the proposed regulation

ofthis source category, there will be no associated economic impact for sources in Illinois. The

eTG states that the USEPA expects sources in this category will incur little if any increased

costs due to the control recommendations. The Illinois EPA considers the controls to be

technically feasible and concurs with the USEPA determination of the economic reasonableness

ofthe measures.

5.5 Additional Recommendations: Work Practices

In addition to the monomer YOM limits recommended in the USEPA eTG and included in the

proposed regulation, the eTa also recommends work practices for fiberglass boat manufacturing

materials. The work practices included in the eTa address work practices for resin and gel coat

mixing containers and for cleaning activities, and are intended to further reduce YOM emissions

from the source category. The eTa states that the emission reductions are unquantifiable, but

are beneficial in reducing overall emissions at a source in this category.

For resin and gel coat mixing containers, the eTG recommends that aJl containers with a

capacity of 55 gaJlons or greater should have a cover with no visible gaps in place at aJl times.

43
This does not apply to containers smaller than 55 gallons, or when material is being manually

added or removed from a container.

The USEPA CTG further recommends the use oflow-YOM and low vapor pressure cleaning

materials. It is recommended that YOM cleaning solvents should contain no more than 5%

YOM by weight, or have a composite vapor pressure of no more than 0.50 mID Hg at 68 of.

The proposed regulation includes the recommended work practices from the USEPA CTG in

their entirety.

44
References

I. Control Techniques Guidelines for Miscellaneous Metal and Plastic Parts Coatings, U.S.

Environmental Protection Agency Office of Air Quality Planning and Standards Sector

Policies and Programs Division Research Triangle Park, NC, Septcmber 2008.

2. Control Teclmiques Guidelines for Automobile and Light-Duty Truck Assembly

Coatings, U.S. Environmental Protection Agency Office ofAir Quality Planning and

Standards Sector Policies and Programs Division Research Triangle Park, NC, September

2008.

3. Control Techniques Guidelines for Miscellaneous Industrial Adhesives, U.S.

Environmental Protection Agency Office of Air Quality Planning and Standards Sector

Policies and Programs Division Research Triangle Park, NC, September 2008.

4. Control Techniques Guidelines for Fiberglass Boat Manufacturing Materials, U.S.

Environmental Protection Agency Office of Air Quality Planning and Standards Sector

Policies and Programs Division Rescarch Trianglc Park, NC, September 2008.

5. Consumer and Commercial Products. Group IV: Control Techniques Guidelines in Lieu

ofRewlations for Miscellaneous Metal Products Coatings, Plastic Parts' Coatings, Auto

and Light-Duty Truck Assembly Coatings, Fiberglass Boat Manufacturing Materials. and

Miscellaneous Industrial Adhesives, 73 FR 58481-58491, October 7,2008.

6. National Emission Standards for Hazardous Air Pollutants: Surface Coating of

Automobiles and Light-Duty Trucks; National Emission Standards for Hazardous Air

Pollutants for Surface Coating of Plastic Parts and Products, 72 FR 20227-20237, April

24,2007.

45
C 2
O()VERN9R. March 18,2010

ILLINOIS POLLUTION CONTROL BOARD

I • I O'UR.'>IA,'

G. Tonner GiJarrl; Ph.D,

Warren Ribley, Director

Department ofCommerce and Economic Opportunity

620 East Adams Street, S·6

Springfield, llIinois 62704

RECEIVED

CLER~S OFFICE

MAR 182010

STATE OF ILUNOIS

Pollution Controt Board

Re: Request for Economic Impact Study for: Reasonably Available Control

Technology (RACT) for Volatile Organic Material Emissions from Group IV

Consumer & Commercial Products: Proposed Amendments to 35 III. Adm.

.Code 211. 218, and 219 (RI0-20)

":r '\

Dear Director Ribley:

',':~ ." , '.~'

'." ",/ ,•. .. ~'\ ,:{:!<:;'

I:1J''IltNGI'IIlLll;()Fi'll:'~:;i

On March 18,2010, the Board accepted for hearing a proposal entitled

, Reasonably Available Control Technology (RACT) for Volatile Organic Material

Emissions from Group IV Consumer & Commercial Products: Proposed

Amendments to 35 Ill. Adm. Code 211, 218. and 219 (Board Docket Rl0-20).

Generally, the Illinois Environmental Protection Agency proposes that the Board

adopt air pollution regulations to control emissions of volatile organic material from

Group IV Consumer & Commercial Products in ozone nonattainment areas classified

as moderate and above. Group IV includes the following product categories: .

miscellaneous metal and plastic parts coatings; automobile and light-duty truck

assembly coatings; miscellaneous industrial adhesives; and fiberglass boat

manufacturing materials. I write to request that your Department conduct an

economic impact study concerning this proposal.

-'.' ....

.02}" North-GrandA''t''Ei~'f~

1\0. Box' 19214 ,"

Springfield, II

62794A?:/4

217-5244>511<.

fAX 217-524-~~08

This rulemaking was filed with the Board on March 8, 2010, under the "fasttrack" rulemaking authority at Section 28.5 ofth'e Act, which the General Assembly

'c"'" recently re-enacted in Public Act 96-0308, effective August 11,2009. Section 28.5

'. requires the Board to proceed toward adoption ofthe proposed regulations by

'CHICA,ol:IOl'tq:;E'\ meeting a series ofstrict deadlines. Specifically, the Board must hold at least two,

and possibly three, hearings on the proposal. Additionally, the Board must submit

the proposed amendments to the Joint Committee on Administrative Rules on or

before either July 16,2010, or August 5, 2010 (130 or 150 days after the proposal's

filing), depending on whether the Board holds two or three hearings. The Board has

scheduled hearings in this rulemaking to begin on April 28,2010; May 19, 2010; and

June 2, 2010. The Board respectfully requests that your Department expedite its

determination whether it will conduct an economic impact study on the proposal and

respond no later than Thursday, April I, 2010.

..ri~ It Tho.p~ Gc.~r . .1(Xl~Ww .~';"1i~bj'ph/

SUItt n.500 H

Clli""W IL 6060 I . 312.814,3~10. .

FAX 311'8J4".U6~ ,c

'fY'Y.'1 (1-$If'603J ;', :J\."<:" "- - '._.

«"'t"

WEBSn;E

WWW.i.i.Jcb=-:il3..·4.il.-us.
".",i", t"."~

Since 1998, Section 27(b) ofthe Environmental Protection Act has required

the Board to:

, . 1) request that the Department ofCommerce and Economic Opportunity

(formerly the Department ofCommerce and Community Affairs) conduct a

study ofthe economic impact ofthe proposed rules. The Department may

within 30 to 45 days ofsuch request produce a study ofthe economic impact

ofthe proposed rules. At a minimum, the economic impact study shall

address a) economic, environmental, and public health benefits that may be

achieved through compliance with the proposed rules, b) the effects ofthe

proposed rules on employment levels, commercial productivity, the economic

growth ofsmall businesses with 100 or less employees, and the State's

overall economy, and c) the cost per unit ofpollution reduced and the

variability of company revenues expected to be used to implement the

proposed rules; and

(2) conduct at least one public hearing on the economic impact ofthose

rules. At least 20 days before the hearing, the Board shall notify the public of

the hearing and make the economic impact study, or the Department of

Commerce and Economic Opportunity's explanation for not producing an

economic impact study, available to the public. Such public hearing may be

held simultaneously or as a part ofany Board hearing considering such new

rules. 415 ILCS 5/27(b) (2008).

The Board intends to proceed promptly with this rulemaking as required by

Section 28.5 ofthe Act, and asks that you determine whether DCEO will conduct an

economic impact study on the proposal and respond no later than Thursday, April 1,

2010. If!, or my staff, can provide you with any additional information, please let

me know.

Thank you in advance for your prompt response.

Sincerely,

G. Tanner Girard

Acting Chairman

Pollution Control Board

cc: John T. Therriault, Assistant Clerk ofthe Board
C 3
ILLINOIS POLLUTION CONTROL BOARD

March 18,2010

IN THE MATTER OF: )

)

REASONABLY AVAILABLE CONTROL )

TECHNOLOGY (RACT) FOR VOLATILE )

ORGANIC MATERIAL EMISSIONS FROM)

GROUP IV CONSUMER & COMMERCIAL )

PRODUCTS: PROPOSED AMENDMENTS )

TO 35 ILL. ADM. CODE 211,218, AND 219 )

RI0-20

(Rulemaking - Air)

~re1!CEIVE~ CLERK'S OFFICE

MAR 182010

STATE OF IlliNOIS

;:lollution Control Board

NOTICE OF HEARINGS

DATES, TIMES, AND LOCATIONS:

FIRST HEARING: WEDNESDAY, APRIL 28, 2010, TO BE

CONTINUED DAY-TO-DAY UNTIL BUSINESS

IS COMPLETE

9:00AM

Illinois Pollution Control Board Conference Room, First Floor

1021 N. Grand Ave. East

(North Entrance)

Springfield, Illinois

SECOND HEARING (IF NECESSARY): WEDNESDAY, MAY 19,2010, TO BE

CONTINUED DAY-TO-DAY UNTIL BUSINESS

IS COMPLETE

10:00 AM

Pollution Control Board Conference Room 11-512

James R. Thompson Center

100 W. Randolph St.

Chicago, Illinois

THIRD HEARING (IF NECESSARY): WEDNESDAY, JUNE 2,2010, TO BE

CONTINUED DAY-TO-DAY UNTIL BUSINESS

IS COMPLETE

I

!

10:00 AM

Pollution Control Board Conference Room 11-512

James R. Thompson Center

100 W. Randolph St.

Chicago, Illinois
PURPOSE OF HEARINGS:

ATTENDING BOARD MEMBER:

HEARING OFFICER:

2

Merit and Economic

Andrea S. Moore

Timothy J. Fox

HEARING OFFICER ORDER

Statutory Requirements

On March 8, 2010, the Illinois Environmental Protection Agency (Agency) filed this

rulemaking proposal pursuant toauthorities including the recently re-enacted Section 28.5 of the

Environmental Protection Act (Act). See Public Act 96-0308, elf. Aug. 11,2009 (PA 96-0308)

(reenacting repealed Section 28.5). Section 28.5 requires the Board to proceed to adoption of the

proposed regulations by meeting a series of strict deadlines. The Board has applied those

deadlines to this proceeding in its opinion and order of March 18, 2010, and in this notice of

hearing and hearing officer order.

Section 28.5 specifies the timing and purpose of each of three hearings and establishes

other procedural requirements. Section 28.5(1)(1) provides that "[t]he first hearing shall be held

within 55 days of receipt of the rule and shall be confined to testimony by and questions of the

Agency's witnesses concerning the scope, applicability, and basis ofthe rule. Within 7 days

after the first hearing, any person may request that the second hearing be held." P.A. 96-0308.

Section 28.5(1)(2) provides that, if it is necessary, "[t]he second hearing shall be

scheduled to commence within 30 days of the first day of the first hearing and shall be devoted to

presentation of tcstimony, documents, and comments by affected entities and all other interested

parties." P.A. 96-0308. Section 28.5(1)(3) provides that, if it is necessary,

[t]he third hearing shall be scheduled to commence within 14 days after the first

day of the second hearing and shall be devoted solely to any Agency response to

the material submitted at the second hearing and to any response by other parties.

The third hearing shall be cancelled if the Agency indicates to the Board that it

does not intend to introduce any additional material. Id.

Section 28.5(1) provides that "[t]he Board must require the written submission of all

testimony at least 10 days before a hearing, with simultaneous service to all pmticipants of

record in the proceeding as of 15 days prior to hearing, unless a waiver is granted by the Board

for good cause." P.A. 96-0308.

Section 28.5(k) provides that, "[f]ollowing the hearings, the Board must close the record

14 days aftcr the availability of the transcript." P.A.96-0308.

Section 28.5(n) provides that
3

[t]he Board must complete a fast-track rulemaking by adopting a second notice

order no later than 130 days after receipt of the proposal if no third hearing is held

and no later than 150 days if the third hearing is held. If the order includes a rule,

the JIlinois [Pollution Control] Board must file the rule for second notice under

the JIlinois Administrative Procedure Act within 5 days after adoption of the

order. P.A 96-0308; see 5 JLCS 100/5-40 (2008).

Also, Section 28.5(0) provides that, "[u]pon receipt of a statement of no objection

to the rule from the Joint Committee on Administrative Rules, the Board must adopt the

final order and submit the rule to the Secretary of State for publication and certification

within 21 days." P.A. 96-0308.

The Board has no discretion to adjust the strict deadlines established in Section 28.5 of

the Act. See P.A. 96-0308. Therefore, the first hearing will begin as indicated above on

Wednesday, April 28, 2010, and is not subject to continuation or cancellation by the Board. The

second and third hearings, if necessary, will begin on the dates listed above in the notice of

hearings.

Service and Notice Lists

The Board will establish a notice list and a service list for this proceeding. All persons on

the notice list will receive notice of Board opinions and orders and hearing officer orders. 35 Jll.

Adm. Code 102.422(a).

Under Section 102.422(b) of the Board's procedural rules,

[t]he hearing officer may establish a service list for any regulatory proceeding, in

addition to the notice list. The hearing officer may direct participants to serve

copies of all documents upon the persons listed on the service list. ... For

purposes of fast-track rulemakings llIlder Section 28.5 of the Act, participants of

record will be the individuals on the service list. 35 HI. Adm. Code 102.422(b).

In addition to receiving notice of all Board actions and hearing officer orders, persons on the

service list will receive pre-filed testimony and other filings in this proceeding. The service list

is intended for persons such as those who will testify and participate actively in this rulemaking.

The Board notes that the Agency's proposal included a Technical Support Document

(TSD), which lists potentially affected sources. TSD at 20-23 (Table 2.3),29 (§ 3.6), 36 (Table

4.2),43 (§ 5.4). The Board begins this rulemaking proceeding by including in the Notice List

each ofthe potentially affected sources listed by the Agency in its TSD. While the Board will

mail a copy of the BOard's March 18,2010, order and this hearing officer order to each of those

potentially affected sources, the Board will provide copies of any subsequent opinions and orders

only to those who specifically indicate to the Board that they wish to remain on either the

Service List or Notice List for this proceeding. The Board requests that any entity wishing to
4

remain on the Service List or Notice List provide the information requested in the form attached

to this order as Attachment A to the Board by Friday, April 2, 2010.

In order to clarify the record in this proceeding, Attachment B to this order contains the

names, mailing addresses, and contact names for each of the potentially affected entities listed by

the Agency in its TSD and to each of which the Board has mailed its March 18, 2010, opinion

and order and this hearing officerorder.

Note that, through the Clerk's Office On-Line (COOL) on the Board's Web site

(www.ipcb.state.il.us).personseanrequesttoreceiveelectronicnotification.This "e- .

notification" generates an e-mail message when the Board receives and dockets a filing in this

proceeding. These newly-filed documents will then be available to view, download, and print

free of charge from COOL. Also through COOL, pre-filed testimony, public comments, and

other filings are available generally for viewing and downloading. One exception to this

availability may be voluminous filings, which will nonetheless he made available upon request to

the Clerk's office. With the access to filings provided by COOL, persons who are not on the

service list and wish to file only a public comment need not serve their comments on the service

list in this proceeding.

Pre-Filing Testimony

As noted above under "Statutory Requirements," Section 28.5(f) provides strict deadlines

for pre-filing testimony. In a "fast-track" rulemaking, "[t]he Board must require the written

submission of all testimony at least 10 days before a hearing, with simultaneous service to all

participants of record in the proeeeding as of 15 days prior to hearing, unless a waiver is granted

by the Board for good cause." P.A. 96-0308.

Service Lists

For purposes of serving pre-filed testimony, the service list for the first hearing will close

onTuesday, April 13,2010; the service list for the second hearing will close on Tuesday, May 4,

2010; and the service list for the third hearing will close on Tuesday, May 18,2010. Any person

who submits a fax or e-mail request to be added to the service list to the hearing officer by 4:30

PM on or before those three deadlines will be added to the service list for the remainder of this

proceeding. The service list for any of the three hearings will be available after 9:30 AM on the

day following each of the three deadlines.

First Hearing

For the first hearing, pre-filed testimony must be served on all persons on the service list

as of 4:30 PM on Tuesday, April 13, 2010. Persons wishing to pre-file testimony for the first

hearing may obtain a copy of the service list by contacting the hearing officer after 9:30 AM on

Wednesday, April 14, 2010. All pre-filed testimony for the first hearing must be submitted to

the Board no later than Friday, April 16,2010. See P.A. 96-0308 (requiring pre-filing at least 10

days before hearing). For the purpose of serving pre-filed testimony for the first hearing on the
5

Board, the "mailbox rule" at 35 Ill. Adm. Code 101.300(e) does not apply. The Board's Clerk

must receive this pre-filed testimony before the close of business on Friday, April 16,2010.

Although pre-filed testimony may be filed electronically through COOL, all electronic or

approved fax filings must be received by the Clerk's Office no later than 4:30 PM on that date.

Second Hearing

For the second hearing, pre-filed testimony must be served on all persons on the service

list as of 4:30 PM on Tuesday, May 4, 2010. Persons wishing to pre-file testimony for the

second hearing may obtain a copy of the service list by contacting the hearing officer after 9:30

AM on Wednesday, May 5,2010. All pre-filed testimony for the second hearing must be

submitted no later than Friday, May 7, 2010. See P.A. 96-0308 (requiring pre-filing at least 10

days before hearing). For the purpose of serving pre-filed testimony for the second hearing on

the Board, the "mailbox rule" at 35 Ill. Adm. Code 101.300(c) does not apply. The Board's

Clerk must receive this pre-filed testimony before the close of business on Friday, May 7,2010.

Although pre-filed testimony may be filed electronically through COOL, all electronic or

approved fax filings must be received by the Clerk's Office no later than 4:30 PM on that date.

Third Hearing

For the third hearing, pre-filed testimony must be served on all persons on the service list.

as of 4:30 PM on Tuesday, May 18, 2010. Persons wishing to pre-file testimony for the third

bearing may obtain a copy of the service list by contacting the hearing officer after 9:30 AM on

Wednesday, May 19,2010. All pre-filed testimony for the third hearing must be submitted no

later than Friday, May 21, 2010. See P.A. 96-0308 (requiring pre-filing at least 10 days before

hearing). For the purpose of serving pre-filed testimony for the third hearing on the Board, the

"mailbox rule" at 35 Ill. Adm. Code 101 JOO(c) does not apply. The Board's Clerk must receive

this pre-filed before the close of business on Friday, May 21, 2010. Although pre-filed

testimony may be filed electronically through COOL, all electronic or approved fax filings must

be received by the Clerk's Office no later than 4:30 PM on that date.

IT IS SO ORDERED.

Timothy

~~J. Fox

Hearing Officer

Illinois Pollution Control Board

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

(312) 814-6085

(312) 814-3669 (fax)

foxt@ipcb.state.il.us
6

ATTACHMENT A

To Hearing Officer Order of March 18,2010

Reasonably Available Control Technology (RACT) for Volatile Organic Material Emissions

from Group rv Consumer & Commercial Products: Proposed Amendments to 35 Ill. Adm. Code

211, 218. and 2 I9 (R10-20)

1wish to added to the (please check one)

Service List

Notice List

in the Illinois Pollution Control Board rulemaking proceeding identified above:

Name

Organization or Company

Address

City, State, Zip

PLEASE SUPPLY THJS INFORMATION BY FRIDAY, APRIL 2,2010, TO:

Lynn Patras, Illinois Pollution Control Board

E-mail:

patrasl@ipcb.state.il.us

Fax:

312-814-3669

Mail:

100 W. Randolph St., Suite 11-500

James R. Thompson Center

Chicago, lllinois 60601
7

ATTACHMENT B

To Hearing Officer Order of March 18, 2010

In the Matter of: Reasonably Available Control Technology CRACT) for Volatile Organic

Material Emissions from Group IV Consumer & Commercial Products: Proposed Amendments

to 35 Ill. Adm. Code 211, 218, and 219 (RI0-20)

Potentially Affected Sources in IL NAAs: Miscellaneous Metal and Plastic Parts Coatings

Company Name Street Address City State Zip Co. Contact

Code

S & B Finishing 3005W Chicago IL 60612 Kenneth S

Co Inc Franklin Blvd Spielman

RS Owens and Co 5521 N Lynch Chicago IL 60630 Ed Murawski

Ave

Sorini Ring 2524 S Blue Chicago IL 60608 Peter May Sr

Manufacturing Co Island Ave

Inc

Action Athletic 3144 21st St Zion IL 60099 Joseph R

Equipment Inc Higgins

QC Finishers 10244 Franklin Franklin IL 60131 Paul Gratzke

Ave Park

Cleveland Steel 117 E Lincoln Peotone IL 60468 Bob Harding

Container Corp

Vapor Bus 1010 Johnson Buffalo IL 60089 Lynn

International Dr Grove Mazurowski

Nissan Forklift 240 N Prospect Marengo IL 60152 Tom Carlson

CorpNA St

National Controls 1725 Western West IL 60185 Jim Carter

Corp Dr Chicago

Vapor Power 551 S County Bensenville IL 60131 Rob Pawlak

Line Rd

Chicago American 4500 W 47th St Chicago IL 60632 William

MfgLLC Mundcll

EO Schweitzer 1520 Mundelein IL 60060 James Loris

Mfg Co Inc McCormick

Ave

Aleo Spring 2300 Euclid Chicago IL 60411- Gordon

Industries Ave Heights 0188 Sharkey

Brunner And Lay 9300 King St Franklin IL 60131 David

Inc Park Bullifent

Midwest Metal 9 Konzen Ct Granite City IL 62040 MikeDake

Coatings LLC

ElectroMotive 9301 W 55th St McCook IL 60525- Jack Kaps
8

Diesel Inc 3214

Empire Comfort 918 Freeburg Belleville IL 62222 Shane Hill

Systems Ave

Yale Polishing & 5247 S Keeler Chicago IL 60632 Margaret

Plating Ave Fanning

Atlas Tube Inc 1855 E 122nd St Chicago lL 60633 Allan

Lambert

Rexnord 2400 Curtiss St Downers IL 60515- Roman

Industries Inc Grove 4056 Shcgelman

Bearing Div

ElM Coating 129 Eisenhower Lombard IL 60148 Greg Flora

Services LnS

Federal Signal 2645 Federal University IL 60466- Thomas L

Corp Signal Signal Dr Park 3195 Longtin

Division

Reum Corp 3600 Sunset Waukegan IL 60087 Debbie

Ave O'Conell

Signode Corp 7701 W 71st St Bridgeview IL 60455 MarkE

Hollo

Amcrican Flange 290 E Fullerton Carol Stream IL 60188- Mark

& Manufacturing Ave 1826 Comella

Co Inc

HA Framburg and 941 Cernan Dr Bellwood IL 60104- Jeff Sokol

Co 2254

Icon Identity 2480 Greenleaf Elk Grove IL 60007 Shawn

Solutions Ave Village Hyken

Hendrickson 501 Caton Farm Crest Hill IL 60435 Nadya

Bumper & Trim Rd FIgueroa

Ace Plating Co 3433 W 48th PI Chicago IL 60632 Michael

Holewinski

BLDowneyCo 2125 Gardner Broadview IL 60153 Anna

LLC Rd Skuratovsky

Replogle Globes 2801 S 25th Broadview IL 60155 Edward

Inc Ave Dieschbourg

Britt Industries 3010 Malmo Dr Arlington IL 60005 Bill Schroll

Heights

Shelco Steel 15801 Van South IL 60473 B. Zeller

Works Inc Drunen Rd Holland

Elkay Mfg 2700 S 17th Broadview IL 60155- RDvorak

Ave 4722

TC Industries Inc 3703 S Route 31 Crystal Lake IL 60012- Gerardo

1412 Sarinana

Rayvac Plastic 47 W 171 Rte Big Rock IL 60511 Robert D

Decorators Inc 30 Raymond
9

Chicago Blower 1675 Glen Ellyn Glendale IL 60139- Diane Cronin

Corp Rd Heights 2503

Russell T Bundy 800 Moen Ave Rockdale IL 60436 Scott Mouton

Associates Inc dba Unit 3

Pan Glo Chicago

S & C Electric Co 6601 N Ridge Chicago IL 60626- Robert

Blvd 3904 Sullivan

Nylok Fastener 6465 Prosel Ave Lincolnwood IL 60712 Peter Henley

Corp

Navistar Inc 10400 W North Melrose IL 60160 Adriana

Ave Park Tremarin

Chern-Plate 1250 Morse Ave Elk Grove IL 60007 Jim See

Industries Village

USPS Chicago 740 S Canal St Chicago IL 60607- Curtis A

Central VMF 9361 Anderson

Weber-Stephen 200 E Daniels Palatine IL 60067- Chris

Inc Rd 6237 Childers

Basler Electric Co 12570 Rte 143 Highland IL 62249- Jason T

0269 Snow

Norwood Marking 250 Industry Frankfort IL 60423 Jack

Systems Ave Schreiber

Wagner Zip 3100 Hirsch Melrose IL 60160 Paul

Change Park Mauersberger

Equipto 435 Woodlawn Aurora IL 60507 Steve Golz

Electronics Corp Ave

Crown Gym Mat 27W929 Barrington IL 60010 Judy Eckert

Inc Industrial Ave

Morse 850W Chicago IL 60609 Brian Kirts

Automotive Corp Exchange

ITT Corp 8200 N Austin Morton IL 60053 Jeff Mann

Residential & Ave Grove

Commercial

WaterDiv

AccoUSA Inc 770 S WolfRd Wheeling IL 60090 Matthew

Kaiser

R &B Powder 4000 S Bell Chicago IL 60609 Tony Cash

Coating

Arlington Plating 600 S Vermont Palatine IL 60078 Richard

Co St Macary

Greif Industrial 4300 W BOth Alsip IL 60803 Nick Sheets

Packaging & St

Services LLC

Abbey Finishing 1108 S Kilbourn Chicago IL 60624- Michael

Corp Ave 3821 Carroll

Nina Enterprises 1350 S Leavitt Chicago IL 60608 K S Desai
10

Inc St

Gooder- 2900 State St Chicago IL 60411 Paul

henrichsen Co Inc Heights O'Connor

ITW Buildex 1349 W Bryn Itasca IL 60143 Steven Bel1

Mawr Ave

Metro East 3200 Missouri Alorton IL 62205 GayleL

Industries Inc Ave Ortyl

Eaglebrook 2600W Chicago IL 60608 John Kemper

Plastics Inc Roosevelt Rd

Meyer Steel Drum 2000 S Kilbourn Chicago IL 60623 Brian Meyer

Inc Ave

Amsted Rail Co 1700 Walnut St Granite City IL 62040- Jeff Kel1y

Inc 3100

Wheatland Tube 4435 S Western Chicago IL 60609 Ron Aranda

Co: Chicago Blvd

Division

Caterpillar Inc 2200 Joliet IL 60436 Bruce H

Channahon Rd Gilruth

Acme Finishing 1595 E Oakton Elk Grove IL 60007 Dennis W

Co St Village Walters

Plastic Decorators 1330 Holmes Elgin IL 60123 Cathy Burger

Inc Rd

Illinois Central 17550 S Homewood IL 60430 Michael

Railroad Ashland Ave Avans

Olin Corp 427N East Alton IL 62024- Michael

Shamrock St 1197 Redington

American Louver 7700 N Austin Skokie IL 60076 Carol Salas

Co Ave

Meyer Steel Drum 3201 S Mil1ard Chicago IL 60623 Edward

Inc MeyerSr

Lakewood 501 N Chicago IL 60612 Dan Gabor

Engineering & Sacramento

MfgCo Blvd

Jessup 1701 Rockland Lake Bluff IL 60010- Dave Reese

Manufacturing Co Rd 1450

Meyer Industrial 610 W 81st St Chicago IL 60620- Edward

Container 2511 MeyerSr

American Stair 642 Forestwood Romeoville IL 60446 Max Easton

Corp Dr

Astroblast Inc 1141 EGreen St Bensenvil1e IL 60106 Robert A Gill

Cooper B-Line Inc 509 W Monroe Highland IL 62249- Chris

St 0326 Dietrich

Caterpillar Inc Route 31 Aurora IL 60507 Ann Hastert

Chicago Heights 211 E Main Chicago IL 60412 Rich Gollner

Steel Heights
11

UGN Inc 1001 State St Chicago IL 60411 Ken DeRolf

Heights

Illinois Tool 1201 St Charles Elgin IL 60120 Chuck

Works Rd Fairbanks

Machinery 1833 Downs Dr West IL 60185- Prashant

Components Inc Chicago 1805 Kumar

Union Pacific 423N Chicago IL 60635 Greg Gehrig

Railroad Co Sacramento·

Coatings 2671 United Ln Elk Grove IL 60007 Don

Applications Inc Village Clemente

Temperbent Glass 12400 S Alsip IL 60803 William

LP Laramie Ave Wilczynski

Clad Rex Inc 11500 King St Franklin IL 60131- Michael G

Park 1310 Harker

General Electric 6045 S Chicago IL 60638 Dan Frey

International Inc Nottingham Ave

Action Rack & 4810W Chicago IL 60639 John

MfgCo Wrightwood Hamilton

Inglot Electronics 4878N Elston Chicago IL 60630 Andrew

Corp Ave Platowski

Northrop 1601-1605 Rolling IL 60008 William

Grumman Rohlwing Rd Meadows Cameron

Systems Corp

Dehler 5801 W Dickens Chicago IL 60639 Barry

Manufacturing Co Ave Pinchcofsky

Inc

Eagle Electronics 1735 Mitchell Schaumburg IL 60193 Mike Kalaria

Inc Blvd

Advanced 721 Win~ton Dr West IL 60185 Nipul Patel

Electronics Inc Chicago

Borg-Warner 700 S 25th Ave Bellwood IL 60104 Jennifer

Transmission Berbour

Systems

Peerless Industries 3215WNorth Melrose lL 60160 Amir

Ave Park Yaghoobi

Calumet Armature 1050 W 134th Riverdale IL 60627- Joseph

& Electric LLC St 1003 Delaurentis

Highland Machine 700 Fifth St Highland IL 62249 Kevin

and Screw Product Hemann

Co

Chern-Plate 1990E Devon Elk Grove IL 60007 Jim See

lndustries Inc Ave Village

John Sterling Corp 11600 Sterling Richmond IL 60071 JohnR

Pkwy Sterling

Kinney Electrical 678 Buckeye St Elgin IL 60123 Lowell D
12

MfgCo Naber

Elgin Sweeper Co 1300 W Bartlett Elgin IL 60121 David Strebel

Rd

Fluid Air Inc 2550 White Oak Aurora IL 60502- K.c. Tilton

Circle 9678

Krel Laboratories 388 and 383 and Chicago IL 60624 Robert

Inc 382 N Avers Oleksyn

Ave

Hubbell - 501 W Apple St Freeburg IL 62243 Ron Heflen

Wiegmann

Met-Coil Systems 711 Ogden Ave Lisle IL 60532 Gordon

LLC Manning

Watco Mechanical 435 Old St Wood River IL 62095 Steve

Services Louis Rd Prokopich

G & W Electric 3500 W 127th Blue Island IL 60406 Pete Gerike

Co St

Bee-jay Industries 4650 N Ronald Harwood IL 60656 Ken

Inc Ave Heights Fefferman

Magnetrol 5300 Belmont Downers IL 60515 James Jani

International Inc Rd Grove

Commercial 540 Lively Blvd Elk Grove IL 60007 Samuel J

Finishes Co Ltd Village Legittino

Duraco Products 1109 E Lake St Streamwood IL 60107 Donald G

Inc Grimaldi

Potentially Affected Sources in IL NAAs: Miscellaneous Industrial Adhesives

Company Name Street Address City State Zip Co.

Code Contact

Delta-Unibus Corp 515 North Northlake IL 60164- Perry A

Railroad 1652 Weyant

Borg-Warner 700 S 25th Ave Bellwood IL 60104 Jennifer

Transmission Berbour

Systems

Tapecoat Co Inc 1520 Lyons St Evanston IL 60201 Donald

Kathrein

Technical 420 Northgate Wheeling IL 60090 Roger

Laminations & Pkwy Haase

Coatings Inc

Universal Chemicals 1124 Elmhurst Elk Grove IL 60007 Bette

& Coatings Inc Rd Village Dierwechter

Acme Finishing Co 1595 E Oakton Elk Grove IL 60007 Dennis W

St Village Walters

Clad Rex Inc 11500 King St Franklin IL 60131- Michael G

Park 1310 Harker
13

D & K International 525 Crossen Elk Grove IL 60007 James Broz

Inc Village

Architectural 6312 W 74th St Chicago IL 60638 LorenD

Specialty Products Jahn

Inc

RS Owens and Co 5521 N Lynch Chicago IL 60630 Ed

Ave Murawski

Richie Bros 2400 Ritchie Rd Morris IL 60450 Lily Cheng

Auctioneers

(America) Inc

Hexacomb Corp 11620 Old Hwy Trenton IL 62293 Jim Siegel

50W

Potentially Affected Sources in IL NAAs: Automobile and Light-Duty Truck Coatings

Company Name Street Address City State Zip

Code

Ford Motor Co. 12600 S. Torrence Chicago IL 60633

Ave.
C 4
ILLINOIS POLLUTION CONTROL BOARD

March 18,2010

IN THE MATTER OF: )

1

REASONABLY AVAILABLE CONTROL )

TECHNOLOGY (RACT) FOR VOLATILE )

ORGANIC MATERIAL EMISSIONS FROM)

GROUP IV CONSUMER & COMMERCIAL )

PRODUCTS: PROPOSED AMENDMENTS )

TO 35 ILL. ADM. CODE 211, 218, AND 219 )

Proposed Rule. First Notice.

RIO-20

(Rulemaking - Air)

OPINION AND ORDER OF THE BOARD (by A.S. Moore):

On March 8, 2010, the Illinois Environmental Protection Agency (Agency or Illinois

EPA) filed a rulemaking proposal pursuant to Sections 10,27,28, and 28.5 ofthe Environmental

Protection Act (Act). See 415 ILCS 5/1 0, 27,28 (2008); Public Act 96-0308, eff. Aug. II, 2009

(P.A. 96-0308) (reenacting repealed Section 28.5). Among other documents, a Statement of

Reasons (SR) and a motion for waiver of copy requirements (Mot.) accompanied the proposal.

The Agency states that its proposal seeks to meet Illinois' obligations under the Clean Air

Act (CAA). SR at I, citing 42 U.S.c. § 7401 et seq. Specifically, the Agency indicates that "the

rulemaking is intended to satisfy Illinois' obligation to submit a State Implementation Plan

("SIP") to address requirements under Sections 172 and 182 of the CAA for sources ofVOM

[volatile organic material] emissions in areas designated as nonattainment with.respect to the

ozone National Ambient Air Quality Standard ("NAAQS")." SR at I, citing 42 U.S.c. §§ 7502,

7511 a. The Agency reports that, for ozone nonattainment areas, "the State must revise its SIP to

include RACT [reasonably available control technology] for sources of YOM emissions covered

by a control techniques guideline ("CTG") issued between November 15, 1990, and the date of

attainment." SR at 2, citing 42 U.S.C. § 7511a(b)(2). Specifically, the Agency proposes YOM

emission controls in response to CTGs issued on October 7,2008, for the following Group IV

Consumer and Commercial Product Categories: misc·ellaneous metal and plastic parts coatings;

auto and light-duty truck coatings; miscellaneous industrial adhesives; and fiberglass boat

manufacturing materials. SR at 1,4.

The Agency filed the proposal pursuant to the "fast-track" rulemaking provisions of

Section 28.5 ofthe Act, and the Board accepts the proposal for hearing. Section 28.5 requires

the Board to proceed toward adoption ofthe proposed regulations by meeting a series ofstrict

deadlines. The Act provides the Board no discretion to extend those deadlines. See generally

P.A. 96-0308.

The first of those deadlines provides that the Board within 14 days of receiving the

proposal must file the proposed rule for first notice under the Illinois Administrative Procedure

Act (5 ILCS 100/1-1 et seq. (2008)). P.A. 96-0308 (subsection (e)). Section 28.5(1) provides
2

that "[t]he Board must not revise or otherwise change an Agency fast-track rulemaking proposal

without agreement ofthe Agency until after the end ofthe hearing and comment period. Any

revisions to the Agency proposal shall be based on the record of the proceeding" Jd. (subsection

(I)). Thereforc, the Board today accepts the Agency's proposal without commenting on its

substantive merits and directs the Clerk to cause publication ofthe proposed rule for first notice

in the fIIinois Register.

In the same 14-day period, the Board must also schedule and provide notice ofthree

hearings, "each of which shall be scheduled to continue from day to day, excluding weekends

and State and federal holidays, until completed." P.A. 96-0308 (subsections (e), (f)). Within 55

days ofreceiving the proposed rule, the Board must hold a first hearing "confined to testimony

by and questions of the Agency's witnesses concerning the scope, applicability, and basis ofthe

rule." P.A. 96-0308 (subsection (f)(I )). Thcn, "[w]ithin 7 days after the first hearing, any person

may request that the second hearing be held." Jd.

A second hearing "shall be scheduled to commence within 30 days ofthe first day ofthe

first hearing and shall be devoted to presentation of testimony, documents, and comments by

affected entities and all other interested parties" P.A. 96-0308 (subsection (f)(2)). A third

hearing "shall be scheduled to commence within 14 days after the first day of the second hearing

and shall be devoted solely to any Agency response to the material submitted at the second

hearing and to any response by other parties." P.A. 96-0308 (subsection (f)(3)). The Board will

cancel the third hearing "ifthe Agency indicates to the Board that it does not intend to introduce

any additional material." Jd.

Accordingly, the Board directs the hearing officer expeditiously to schedule all hearings

in this proceeding according to the following statutory deadlines:

First Notice Filing on or before Monday, March 22, 2010 (P.A. 96-0308 (subsection

(e));

First Hearing within 55 days of receiving the proposal, on or before Monday,

May 3, 2010 (P.A. 96-0308 (subsection (f)(I)) (see 5 ILCS 70/1 .11

(2008) (Statute on Statutes); 35 Ill. Adm. Code 101.300(a)

(Computation of Time));

Second Hearing within 30 days of the first day of the first hearing, on or before

Wednesday, June 2, 2010 (P.A. 96-0308 (subsection (f)(2));

Third Hearing within 14 days after the first day of the second hearing, on or

before Wednesday, June 16,2010 (P.A. 96-0308 (subsection

(f)(3));

Second Notice on or before Friday, July 16,2010, "ifno third hearing is held," or

Thursday, August 5, 2010, "ifthe third hearing is held" (P.A. 96-

0308 (subsection (n));

Final Order within 21 days of "receipt of a statement of no objection to the rule

from the Joint Committee on Administrative Rules" (P.A. 96-0308

(subsection (0)).
3

As noted above, a "Motion for Waiver of Copy Requirements" accompanied the

Agency's rulemaking proposal. The Agency's motion first notes that the Board's procedural

rules require it to file an original and nine copies of its proposal with the Clerk. Mot. at I, citing

35111. Adm. Code 102.200. The Agency also notes that the Act requires it to provide

information supporting its proposal. Mot. at 1-2 (listing eight sources), citing 415 ILCS 5/27(a)

(2008). In addition, the Agency lists nine documents it proposes to incorporate by reference.

Mot. at 2-3.

The Agency first argues that a number of the documents it relied upon in drafting its

proposal or that it seeks to incorporate by reference "are readily accessible to or are within the

possession ofthe Board." Mot. at 3. Specifically, the Agency lists the Illinois Environmcntal

Protection Act, the CAA, three portions ofthe Code ofFederal Regulations (CFR), and the

Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Mot. at 3 (listing items (g), (h),

(i)(2), (i)(3), (i)(4), and (i)(7)). The Agency "moves that the Board waive the requirement that

the Illinois EPA provide copies of such documents." Mot. at 3.

Second, the Agency states that Illinois Administrative Procedure Act (lAPA) authorizes

an agency to incorporation by reference specified materials without publishing the incorporated

material in full. Mot. at 3, citing 5 ILCS 100/5-75(a) (2008). The Agency further states that "the

IAPA provides, however, "that such agency shall maintain a copy ofthe referenced material in at

least one of its principal offices and shall make it available to the public upon request." Mot. at

3; citing 5 ILCS I 00/5-75(c) (2008). The Agency indicates that it proposes to incorporate by

reference four copyright-protected documents, two published by the American Society for

Testing and Materials (ASTM) and two published by the American Architectural Manufacturers

Association (AAMA). Mot. at 2-3 (listing items (i)(5), (i)(6), (i)(8), and (i)(9)). The Agency

requests that the Board allow it to file only the originals of such documents in order to keep its

costs "at a minimum." Ie!. at 3-4.

Finally, the Agency states that "[t]he remaining documents in the regulatory proposal

consist of over 700 pages." Mot. at 4. The Agency "requests that the Board waive the normal

copy requirements and allow Illinois EPA to file the original and four complete copies ofthe

documents." Ie!.

Section 10 1.500(d) of the Board's procedural rules provides, in pertinent part, that,

[w]ithin 14 days after service of a motion, a party may file a response to the

motion. If no response is filed, the party will be deemed to have waived objection

to the granting ofthe motion, but the waiver of objection does not bind the Board

or the hearing officer in its disposition ofthe motion. Unless undue delay or

material prejudice would result, neither the Board nor the hearing officer will

grant any motion before expiration ofthe 14 day response period...." 35 Ill.

Adm. Code 101.500(d).

As noted above, Section 28.5 ofthe Act requires the Board's rulemaking activities to

follow a series ofstrict deadlines in scheduling and conducting hearings and issuing its opinions
4

and orders. Under these circumstances, the Board concludes that undue delay would result from

allowing the full 14-day rcsponse pcriod to run to Monday, March 22, 20 IO. See 35 Ill. Adm.

Code 101.500(d).

Having reviewed the substance ofthe motion and in the absence to date of any objcction,

the Board grants the Agcncy's motion for waiver of copy requirements. First, the Board waives

the requirement that the Agency provide copies of the Act, the CAA, three specified portions of

the CFR, and the FIFRA, the sources listed in the Agency's motion as items (g), (h), (i)(2), (i)(3),

(i)(4), and (i)(7). Second, the Board allows the Agency to file only an original ofthe two

documents published by the ASTM and the two documents published by the AAMA listed in the

Agcncy's motion as items (i)(5), (i)(6), (i)(8), and (i)(9) that the Agency proposes to incorporatc

by refcrence. Finally, the Board allows the Agency to file the original and four complete copies

the remaining documents comprising its rulemaking proposal.

CONCLUSION

The Board accepts the Agency's rulemaking proposal for hearing and directs thc hearing

officer to schedulc hearings as required by Section 28.5 ofthe Act. See P.A. 96-0308. The

Board also grants the Agency's motion for waiver of copy rcquirements. Finally, in its order

below, the Board directs the Clerk to filc the Agency's proposal for first-notice publication in the

l/lil1ois Register.

ORDER

The Board directs the Clerk to cause the publication ofthe following rule for first notice

in the l/linots Register.

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE B: AIR POLLUTION

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER c: EMISSION STANDARDS AND LIMITATIONS FOR

STATIONARY SOURCES

PART211

DEFINITIONS AND GENERAL PROVISIONS

SUBPART A: GENERAL PROVISIONS

Section

2] 1.101

211.102

Section

211.121

Incorporations by Refcrence

Abbreviations and Conversion Factors

SUBPART B: DEFINITIONS

Other Definitions