ILLINOIS POLLUTION CONTROL BOARD February 13, 2008 IN THE MATTER OF: ) ) PROPOSED NEW 35 ILL. 

### ADM. CODE ) pART 223,sTANDA,RDS AND ) LIMITATIONS FOR ORGANIC MATERIAL ) EMISSIONS FORAREA SOURCES ) R08-17 (Rulemaking

- Air) IEPAATTACHMENT NO.

# .:LR·EQ'EIV.I!D

CLERK'S OFFICE

### FEB'."J~3 

# 2008 STATE OF 

### IWNOII 

### POllution Control·SoMI

NOTICE OF HEARINGS DATES, TI¥ES, AND LOCATIONS: FIRST HEARING: WEDNESDAY, APRIL 30, 2008 9:00AM Illinois Environmental Protection Agency Office Building Training Room, 1214West 1021 N. Grand Ave. East, North Entrance Springfield, Illinois CONTINUING, IF BUSINESS REMAINS AT THE END OF THE HEARING ON THAT DAY, ON THURSDAY; MAY 1,2008, AT 9:00 AM AT THE SAME LOCATION. SECOND HEARINti: WEDNESDAY, JUNE 4, 2008 9:00AM James R. Thompson Center Room 2-025 100 W. Randolph St. Chicago, illinois. CONTINUING, IF BUSINESS REMAINS AT THE END OF THE HEARING ON THAT DAY, ON THURSDAY, JUNE 5, 2008, AT 9:00 AM IN ROOM 9-034 OF THE THOMPSON CENTER. PURPOSE OF HEARINGS: ATTENDING BOARD MEMBER: HEARING OFFICER: Merit and Economic Andrea S. Moore TimothyJ. Fox

In compliance**\\~th** the Americans with Disabilities Act and other applicable federal and Statelaws, the hearing will be accessible to individuals with disabilities. Persons requiring auxiliary aids and services should contactJohn Then'iault, AssistantClerk ofthe Board, at 100 West Randolph 81., Suite 11-500, Chicago, lllinois 60601. attelephane number 312,'81";-6931, fa.., number 312/814-3669. or TDD number 312/814"6032, five daysprior to the hearing.2 

### HEARING OFFICER ORDER On January 2, 2008, the Board received from the Illinois Environmental Protection Agency (Agency) aproposal to adopt a new Part 223 ofthe Board's regulations, which would address emissions ofvolatile organic material (YOM) from various consumerproducts, architectural and industrial maintenanceproducts, and aerosol coatings. In an order dated January 24,2008, the Board accepted the proposal for hearing and directed the hearing officerto proceed to hearing.
. The Board will conducttwo hearings in orderto allow the proponent and any other interested participants the opportunity to presenttestimony on the merits and economic impact of the ru1emakingproposal. Athearing, all persons who testifywill be sworn 

### in and subjectto questioning. The Board will also receive any testimony on any economic impact study (EelS) conducted bytheDepartment ofCommerce and Economic Opportunity (DCEO) on the proposed rules or on DCEO's decision not to perform an EelS. As indicated above in the notice ofhearings, the first hearing will begin on Wednesday, April 30, 2008, and 

### will continue, ifbusiness remains at the end ofthe hearing on that day, on . Thursday, May 1, 2008. The second hearing is scheduled to begin Wednesday, June 4,2008, and will continue, ifbusiness remains at the end ofthe hearing on that day, on Thursday, June 5, 2008. Pre-Filing Deadlines Participants who intend to testify mustpre-file their testimony and serve the testimony on

. the,hearing officer and all persons onthe Service List. Before filing pre-filed testimony or any other document withthe Clerk, please check forthe mostrecent version ofthe ServiCe Listwith the hearing officer orthe Clerk's Office. Participants inthe first hearing are directed'to pre-file all oftherrtestimony and any related exhibits no laterthan Wednesday, April 16, 2008. Under Section 27 ofthe Environmental·ProtectionAct (415 ILCS 5/27 (2006», the first hearing is not limited to the testimony ofthe proponent. But, the hearing officerpresently intends to allow the Agency as proponent to present the testimony ofall ofits witnesses. hefore hearing the testimony ofother participants. Therefore, anyperson wishing to testify at the first hearing shouldpre-file their testimony by Apri116, 2008. Participants wishing to testify <1;t the secondhearing are directed to pre-file all oftheir testimony and any related exhibits no laterthan Wednesday, May 21,2008. The "mailbox rule" at 35 

### TIL Adm. Code 101.300(b)(2) does not apply to the filing ofthis pre-filed testimony, andthe Board's Clerk must**therefor~** receive these. documents before the close ofbusiness on the specified dates. However, pre-filed testimony and otherdocuments may be filed electronicallythough the Clerk's Office On-Line (COOL) from the Board's Web site at www.ipcb.state.i1.us. Any questions about electronic filing through COOL should be directed to the Clerk's Office at (312) 814-3629.

### 3 Order ofHearings All pre-filed testimony will be entered into the record as if read. 

### See 35 

### Ill. Adm. Code 102.424(f). A briefsummary oftestimonywill be allowed ifa witness wishes to provide one before responding to questions. Participants who do notpre-filetestimony will be allowed to testify as time pennits after the conclusion ofpre-filed testimony and questions basedupon it. Similarly, anyparticipant who wishes to offer apublic commentwill·be allowed to do so as time permits at the close ofpre-filed testimony and the questions based upon it. Consequently, any personwishing to testify at either ofthe two hearings is urgedto pre-file theirtestimonyin order to ensurethat theyhave an opportunity to testify. 

### In addition, the Board's procedural rules provide that "[t]he Board will accept written comments from any personconcerning the proposedregulations during the first notice period." 35 Ill. Adm. Code 102.604. The hearing scheduled to begin on April 30, 2008, will beginwiththe Agency's presentation ofits case as the proponent. After the Agencyhas answered all questions from otherparticipants, and iftimepermits before the conclusion ofthe first hearing, otherpersons who havepre-filedmay testify. The Board has reserved sufficient time for eachhearing and anticipates that anyperson who wishes to testify will have an opportunity for testimony and any cross-examination. 

### In the event that anyperson who pre-files testimony for the first hearing cannottestify onApril 30, 2008, because time does not allow it, thatperson will be givenpriority to testify onMay 1, 2008. The June 4, 2008 hearing will begin with any testimony from any participant who prefiled testimony for the first hearing and who was not able to testify at thattime. Participants who pre-filed testimony for the second hearing will thenpresent that testimoIlY. 

### In the eventthat any personwho pre":files testimony for the second hearing cannot testify onJune 4, 2008, because time does not allow it, that personwill be givenpriorityto testify on June 5, 2008. Anyparticipant who wishes t.o offer a public comment at eitherhearing will be allowed to do so iftime permits at the close ofpre-fJ.1ed testimony and the questions based upon it. Again, writtenpublic comments maybe submitted to the Board. 

### See 35 Ill. Adm. Code 102.604. The hearing officer, upon agreement ofthe partidpants orupon motion to the hearing officer, may change the order oftestimony at these hearings. 

### See 35 Ill. Adm. Code 102.420, citing 35 

### Ill. Adm. Code 101.SuqpartF. Service and Notice Lists The Service List for this rulemaking is the list ofpersons who wish to participate actively in this proceeding andreceive not only the Board's opinions and orders·but also otherfilings such as pre-filed testimony andpublic comments. The Notice Listincludes participants who wish to receive only the Board's opinions and orders andhearing officer orders. The**~oard** begins this rulemaking proceeding byincluding in the Notice List each ofthe approximately 600 potentially affected manufacturers listed in the Agency'S Appendix A to its Technical SupportDocument.4

"While the**Bo~d** will mail a copy ofthis hearing officer order to each ofthose entities, the Board will mail copies ofany subsequent opinions and orders onlyto those who specifically indicate that they wish to remain on the Notice List for this proceeding. Any entity wishing to remain onthe Notice Listmust provide the informationrequested 

### in the form attached to this order as Attachment A and return the completed form to the Boardby Friday, March 7, 2008. 

### In order to clarify the record in this proceeding, Attachment B to this order contains the names and addresses ofall ofthe entities listed by the Agency 

### in its Appendix A and to which the Boardhas mailed this first hearing officer order. Note that interested persons maynow request electronic notice offilings byproviding their e-mail address through COOL underthis docket number: 

### ROg-17. This electronic notice includes notice ofthe filing ofdocuments that are not typicallyprovided to persons on the Notice List. In addition, COOLprovides links to documents filed with the Board, and those documents canbe viewed, downloaded, and printed free ofcharge as soon as they are posted to theBoard's Web site. For more information about the option ofelectronic notice or COOL, consult either the Board's Web site at www.ipcb.state.il.usorJohnTherriault.theBoard·sAssistantClerk.at (312) 814-3629.
IT IS SO ORDERED.5 ATTACHMENT A To Hearing Officer Order ofFebruary 13,2008 Proposed New 35 Ill. Adm. Code Part 223 Standards and Limitations for Organic Material Emissions for Area Sources: (R08-I7) 

### I wish to remain on the Notice List in the Pollution Control Boardrulemaking proceeding listed above:

Name
Organization or Company

Address
City, State, Zip PLEASE RETURN THIS FORM BY FRIDAY, MARCH 7, 2008 TO: Lynn Delaney E-mail: de1aneyl@ipcb.state.iLus 

### Fax: 312-814-3669 Mail: 

## 100 W. Randolph 

### St, Suite 11-500 James R. Thompson Center Chicago,'lllinois 60601

### 6 ATTACHMENTB To Hearing Officer Order ofFebruary 13, 2008 Proposed New 35 Ill. Adm. Code Part 223 Standards and Limitations for Organic Material Emissions for Area Sources:· (R08-I?) begins on the following page," Sanford Chemical Co., Inc 1945 Touhy Ave 2301 N US Hiohwav 30 345 ETerra CQttaAve ELK GROVE VILLAGE 60007 AdhesivesAdhesives and sealants Adhesives ano sealants Adhesives and sealants Adhesives and sealants Adhesives and sealants.,Advanced BUilding 'Components Inc 1115 W Belmont Ave CHICAGO 60657 Home permanent kits Interflo Industries Inc 695 LuntAve ELK GROVE VILLAGE 60007 Industrial plant disinfectants or deodorants Teitelbaum Brothers, Inc. 11940 Lehigh Ave Ste E IGLENVIEW 160026 

## IIndustrial plant disinfectants or deodorants407 S Dearborn St Ste 82015530 La Salle St 901 N Greenwood Ave

Williams-Hayward Protective Coatings, 17425

### W59th St Inc Akzo Nobel Non-Stick Coatings. LLC 1521 Santa Rosa Dr SUMMIT ARGO DES PLAINES 60501 60018 Paints and allied products Paints and paint additivesBullen Chemical Comoan Elco Laboratories, Inc R R Street &Co Inc 184 Shuman Blvd Ste 150 33 Venus Dr 6441 N Ravenswood Ave NAPERVILLE 60563and other deteraents and other deteraents and other deteraents and other deterqents Sealants Scourinq comoounds Sealants Sealants Sanitation preparations, disinfectants and deodorants 60714

ROSELlE CHICAGO I=RAt\IKFORT ·ELGIN CHICAGO
CHICAGO NILES

MC LEANSBORO DECATUR

2324 N Wayne Ave 401 Center Rd 1634 Todd Farm Dr 30 Monaco Dr 625 N Sacramento Blvd Hc 14 Box E 346 W 101th PI 7157 N Austin Ave
1887 Sanqamon Rd

Cater Chemical Co Cade Laboratories, LLC Blendtech Industries, ·Inc. Blachford Corporation Medtrol, Inc.CHICAGO UNTVE'RSITY PARK OFALLON 500 Central Ave 225 W Washington St# 2200 220 EState St Avatar Corporation Henkel Corporation Another8hours Luvadubdub Co 11521 Wilder St 

### IEVANSTON 160202 ISoap: granulated, liquid, cake, flaked, or chi Soap Dicor Emporium 1301 Fairhaven Dr \WINTHROP HARBOR 160096 ISoap: granulated, liquid, cake, flaked, or chi The Procter & Gamble Company 121001 Ratfield Rd IMARENGO 160152 jSoap: granulated, liquid, cake,f1aked,orchi Tuple Inc 11020 Frederick St IJOLIET 160435 ISoap: granulated, liquid, cake, flaked, or chi Unichem Corporation 11201 W 37th St ICHICAGO 160609· ISoap: granulated, liquid, cake, flaked, or chi290 Beeline Dr 1849 Elmdale Ave 845 W Madison St 140$ Mari M!3nn Ln**1r.·~~1l'&1 !lWID~~_.$l~Ii..;q;~** lIora L'Orlglnal Beauty Concepts, Inc. 1530 W Armory Dr SOUTH HOLLAND 60473 Toilet preparations

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