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 FOR AREA 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, 1214 West

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

Timothy J. Fox

In compliance \\~th the Americans with Disabilities Act and other applicable federal and State laws, the hearing will be accessible to individuals with

disabilities. Persons requiring auxiliary aids and services should contact John Then'iault, Assistant Clerk 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 days prior

to the hearing.
2

HEARING OFFICER ORDER

On January 2, 2008, the Board received from the Illinois Environmental Protection

Agency (Agency) a proposal to adopt a new Part 223 ofthe Board's regulations, which would

address emissions ofvolatile organic material (YOM) from various consumer products,

architectural and industrial maintenance products, and aerosol coatings. In an order dated

January 24,2008, the Board accepted the proposal for hearing and directed the hearing officer to

proceed to hearing. .

The Board will conduct two hearings in order to allow the proponent and any other

interested participants the opportunity to present testimony on the merits and economic impact of

the ru1emaking proposal. At hearing, all persons who testify will be sworn in and subject to

questioning. The Board will also receive any testimony on any economic impact study (EelS)

conducted by the Department of Commerce 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 must pre-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 with the Clerk, please check for the most recent version ofthe ServiCe List with

the hearing officer or the Clerk's Office.

Participants in the first hearing are directed'to pre-file all oftherr testimony and any

related exhibits no later than Wednesday, April 16, 2008. Under Section 27 ofthe

Environmental·Protection Act (415 ILCS 5/27 (2006», the first hearing is not limited to the

testimony ofthe proponent. But, the hearing officer presently intends to allow the Agency as

proponent to present the testimony of all ofits witnesses. hefore hearing the testimony ofother

participants. Therefore, any person wishing to testify at the first hearing should pre-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 later than 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, and the Board's Clerk must therefor~ receive these. documents before the

close ofbusiness on the specified dates. However, pre-filed testimony and other documents may

be filed electronically though 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 ifread. See 35 Ill. Adm. Code

102.424(f). A briefsummary oftestimony will be allowed if a witness wishes to provide one

before responding to questions. Participants who do not pre-file testimony will be allowed to

testify as time pennits after the conclusion ofpre-filed testimony and questions based upon it.

Similarly, any participant who wishes to offer a public comment will·be allowed to do so as time

permits at the close ofpre-filed testimony and the questions based upon it. Consequently, any

person wishing to testify at either ofthe two hearings is urged to pre-file their testimony in order

to ensure that they have an opportunity to testify. In addition, the Board's procedural rules

provide that "[t]he Board will accept written comments from any person concerning the

proposed regulations during the first notice period." 35 Ill. Adm. Code 102.604.

The hearing scheduled to begin on April 30, 2008, will begin with the Agency's

presentation ofits case as the proponent. After the Agency has answered all questions from

other participants, and iftime permits before the conclusion ofthe first hearing, other persons

who have pre-filed may testify. The Board has reserved sufficient time for each hearing and

anticipates that any person who wishes to testify will have an opportunity for testimony and any

cross-examination. In the event that any person who pre-files testimony for the first hearing

cannot testify on April 30, 2008, because time does not allow it, that person will be given priority

to testify on May 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 that time. Participants who

pre-filed testimony for the second hearing will then present that testimoIlY. In the event that any

person who pre":files testimony for the second hearing cannot testify on June 4, 2008, because

time does not allow it, that person will be given priority to testify on June 5, 2008.

Any participant who wishes t.o offer a public comment at either hearing will be allowed

to do so iftime permits at the close ofpre-fJ.1ed testimony and the questions based upon it.

Again, written public comments may be submitted to the Board. See 35 Ill. Adm. Code 102.604.

The hearing officer, upon agreement ofthe partidpants or upon 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.Suqpart F.

Service and Notice Lists

The Service List for this rulemaking is the list ofpersons who wish to participate actively

in this proceeding and receive not only the Board's opinions and orders·but also other filings

such as pre-filed testimony and public comments.

The Notice List includes participants who wish to receive only the Board's opinions and

orders and hearing officer orders. The ~oard begins this rulemaking proceeding by including in

the Notice List each ofthe approximately 600 potentially affected manufacturers listed in the

Agency'S Appendix A to its Technical Support Document.
4

"While the Bo~d will mail a copy ofthis hearing officer order to each ofthose entities,

the Board will mail copies of any subsequent opinions and orders only to those who specifically

indicate that they wish to remain on the Notice List for this proceeding. Any entity wishing to

remain on the Notice List must provide the information requested in the form attached to this

order as Attachment A and return the completed form to the Board by Friday, March 7, 2008. In

order to clarify the record in this proceeding, Attachment B to this order contains the names and

addresses of all ofthe entities listed by the Agency in its Appendix A and to which the Board has

mailed this first hearing officer order.

Note that interested persons may now request electronic notice offilings by providing

their e-mail address through COOL under this docket number: ROg-17. This electronic notice

includes notice ofthe filing ofdocuments that are not typicallyprovided to persons on the Notice

List. In addition, COOL provides links to documents filed with the Board, and those documents

can be viewed, downloaded, and printed free of charge as soon as they are posted to the Board's

Web site. For more information about the option of electronic 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 Board rulemaking 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

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Sanford Chemical Co., Inc 1945 Touhy Ave

2301 N US Hiohwav 30

345 ETerra CQttaAve

ELK GROVE VILLAGE 60007 Adhesives
Adhesives 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 deodorants

407 S Dearborn St Ste 820


15530 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 additives

Bullen Chemical Comoan

Elco Laboratories, Inc

R R Street &Co Inc 184 Shuman Blvd Ste 150

33 Venus Dr

6441 N Ravenswood Ave

NAPERVILLE 60563
and other deteraents

and other deteraents

and other deteraents

and other deterqents

Sealants

Scourinq comoounds

Sealants

Sealants

Sanitation preparations,

disinfectants and deodorants

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CHICAGO

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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

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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 chi
290 Beeline Dr

1849 Elmdale Ave

845 W Madison St

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