### BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF: ) ) 

### REASONABLY AVAILABLE CONTROL ) TECHNOLOGY (RACT) FOR VOLATILE ) ORGANIC MATERIAL EMISSIONS FROM ) GROUP II AND GROUP IV CONSUMER & ) 

### COMMERCIAL PRODUCTS: PROPOSED ) AMENDMENTS TO 35 ILL. ADM. CODE 211, ) 218,and219 )

To: John Therriault, Assistant Clerk Illinois Pollution Control Board James R. Thompson Center 100 West Randolph, Suite 11-500 Chicago, Illinois 60601-3218 NOTICE

SEE ATTACHED SERVICE LIST R 11-23 (Rulemaking-Air)

PLEASE TAKE NOTICE that I have today filed with the Office of the Pollution Control Board the POST-HEARING COMMENTS OF THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY, a copy of which is herewith served upon you.

DATED: May 16,2011

1021 N. Grand Ave. East P.O. Box 19276 Springfield, IL 62794-9276 (217) 782-5544 Respectfully submitted,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

Assistant Counsel Division of Legal CounselBEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF: ) ) REASONABLY AVAILABLE CONTROL ) TECHNOLOGY (RACT) FOR VOLA TILE ) ORGANIC MA TERJAL EMISSIONS FROM ) GROUP II AND GROUP IV CONSUMER & ) COMMERCIAL PRODUCTS: PROPOSED ) AMENDMENTS TO 35 ILL. ADM. CODE 211, ) 218,and219 ) R11-23 (Rulemaking

- Air)

POST-HEARING COMMENTS OF THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

The ILLINOIS ENVIRONMENTAL PROTECTION AGENCY ("Illinois EPA" or
"Agency"), by its attorney, hereby submits its post-hearing comments in the above rulemaking

proceeding.

PH and SOIA Comments

On April 15,2011, the Printing Industry of Illinois/Indiana Association and the Specialty

Graphic Imaging Association ("PIIISGIA") submitted comments to the Board, suggesting

several revisions to the Agency's proposal. On April 25, 2011, the Illinois EPA filed a Motion to

Amend Rulemaking Proposal ("Motion to Amend"), which addressed two of PIIISGIA' s

comments regarding testing requirements for lithographic printers that employ add-on control

devices, set forth in Section 218/219.409(a). (In the Motion to Amend, the Illinois EPA opposed

PIIISGIA's request tbat Section 218/219.409(a) be amended to eliminate testing requirements for

printing lines that have previously conducted testing, as the USEP A requires the testing language

contained in the Motion to Amend. The Illinois EPA also opposed PIIISGIA's request to

increase the amount of time sources are given to perform testing. The Illinois EPA explained

that 90 days has been the standard for many years, and PIIISOIA provided no compelling reason

to double the time frame to 180 days. Further, it is unclear whether this change would be

1acceptable to the USEPA.) The Illinois EPA's responses to PIIISGIA's remaining comments are

set forth below.

First, PIIISGIA requests that cleaning of substrates prior to screen printing be added to

the list of exemptions in Section 218/219.187(a)(2)(A). The Illinois EPA submitted PIIISGIA's

proposed revision to the USEP A. USEP A indicated that there is not currently a sufficient basis

for the exemption, and requested additional information in order to further evaluate the proposed

amendment. The Illinois EPA communicated this request to PIIISGIA, and understands that

PIIISGIA is in the process of responding. To date, however, the Illinois EPA has not received a

response. Unless and until PIIISGIA submits the requested information and the USEPA

approves the amendment, the Illinois EPA opposes adding the exemption.

Next, PIlISGIA requests that the exemption set forth in Section

21 8/219. 1 87(a)(2)(C)(xiv) regarding cleaning of metering rollers, dampening rollers, and

printing plates be removed to avoid confusion. The Illinois EPA indicated at hearing that it

would likely agree, but since that time, the Agency was contacted by al10ther industry group that

may oppose such a change. The Illinois EPA needs to work with the other group and USEP A to

determine the proper course of action, and thus does not have a specific response to this issue at

the present time.

PIIISGIA requests that Section 218/219 .1 87(a)(2)(C) be amended to exclude cleaning

operations listed in sucb subsection from recordkeeping obligations. The USEP A has advised,

however, that exempting such cleaning operations from the recordkeeping requirements in

subsection (e) is not acceptable. USEP A further advised that sources with cleaning operations

subject to subsections (a)(2)(C)(v) and (a)(2)(C)(xiii) must comply with the additional

recordkeeping/reporting requirements set forth in Section 218/219.187( e )(7) of the Illinois

2EPA's proposal. Given the USEPA's position, the Illinois EPA strongly opposes PIIISGJA's

proposed changes, as the USEP A could once again disapprove this rule if such changes are

made.

PIIISGJA requests that Section 218/219.187(e) be revised to iuclude a fifty percent

retention factor for cleaning solvents that have a vapor pressure of 10 mm Hg or less and that are
kept in closed containers. The Illinois EPA does not object to this revision, but recommends that

it be included in a different subsection, as set forth below. The USEP A has advised that the

revision is acceptable, provided that the language clarifies that sources must demonstrate that the

vapor pressure falls below the specified threshold. The Illinois EPA therefore recommends the

following amendments:

Section 218.187 Other Industrial Solvent Cleaning Operations

e) Recordkeeping and Reporting Requirements

I) The owner or operator of a source exempt from the limitations of this Section because of the criteria in Section 218.187(a)(l) of this Subpart shall comply with the following:

A) By January 1,2012, or upon initial start-up of the source, whichever is later, submit a certification to the Agency that includes:

i) A declaration that the source is exempt from the requirements of this Section because of the criteria in Section 218.187(a)(1);

ii) Calculations that demonstrate that combined emissions of YOM from cleaning operations at the source, other than cleaning operations identified in subsection (a)(2) of this Section, never equal or exceed 226.8 kg/month (500 Ibs/month), in the absence of air pollution control equipment. An emission adjustment factor of 0.50 shall be used in calculating emissions from used shop towels if the YOM composite vapor pressure of each associated cleaning solution is demonstrated to be less than 10 mmHg measured at 20°C (68°F) and the shop towels are kept in



### 3Section 219.187 closed containers. For cleaning solutions with YOM composite vapor pressures of equal to or greater than 10 mmHg.measured at 20"C (68°F) and for shop towels that

are not kept in closed containers. no emission adjustment factor shall be used;

Other Industrial Solvent Cleaning Operations

e) Recordkeeping and Reporting Reqnirements

I) The owner or operator of a source exempt from the limitations of this Section because of the criteria in Section 219.187( a)( 1) of this Snbpart shall comply with the following:

A) By January 1,2012, or upon initial start-up of the source, whichever is later, submit a certification to the Agency that includes:

i) A declaration that the source is exempt from the requirements of this Section becanse of the criteria in Section 219.187(a)(1);

ii) Calculations that demonstrate that combined emissions of YOM from cleaning operations at the source, other than cleaning operations identified in subsection (a)(2) of this Section, never equal or exceed 226.8 kg/month (500 Ibs/month), in the absence of air pollution control equipment. An emission adjustment factor of 0.50 shall be used in calculating emissions from used shop towels if the YOM composite vapor pressure of each associated cleaning solution is demonstrated to be less than 10 mmI-Ig measured at 20°C (68°F) and the shop towels are kept in closed containers. For cleaning solutions with YOM composite vapor pressures of equal to or greater than 10 mmHg measured at 20°C (68°F) and for shop towels that

are not kept in closed containers. no emission adjustment factor shall be used;

Finally, PIIISGIA requests that Section 218/219.411 (b)(1 )(F) be amended to remove

certain recordkeeping requirements contained in the Illinois EPA's proposal. Specifically,

PIIISGIA recommends deleting the requirement that sources' material use records include the

name, identification number, and YOM content of each cleaning solvent and fountain solution

4additive used per calendar month. The USEP A, however, has indicated that these records are
required in order to determine whether the material use thresholds are exceeded. (See USEPA's

letter to the Agency, dated March 7, 2011, and submitted to the Board on April 14, 2011, as an

Exhibit to the Testimony of David Bloomberg and Testimony ofYoginder Mahajan.) As the

USEP A mandated these recordkeeping requirements, the Illinois EPA opposes PIIISGIA' s
proposed deletion.

Emission Adjustment Factor for Lithographic Printers

The addition of an emission adjustment factor for cleaning materials in Section

218/219.187 is based upon a similar provision in the existing rule for lithographic printing

operations. To remain consistent with the language recommended by the Illinois EPA above for

industrial cleaning solvents, and in compliance with a recommendation by the USEP A, the

Illinois EPA proposes amending Section 218/219.411(b)(1) and (2) to specify that lithographic

printing sources wishing to utilize the emission adjustment factor for cleaning materials must

demonstrate that the vapor pressure falls below the specified threshold:

Section 218.411 Recordkeeping and Reporting for Lithographic Printing

b) Exempt Units on and after August 1, 2010

1) Lithographic Printing Lines Exempt pursuant to Section 218.405(c)(2)

B) Calculations that demonstrate that combined emissions ofVOM from all lithographic printing lines (including inks, fountain solutions, and solvents used for cleanup operations associated with the lithographic printing lines) at the source do not equal or exceed 6.8 kg/day (15 lbs/day), before the use of capture systems and control devices, as follows:

i) To calculate daily emissions ofVOM, the owner or operator shall determine the monthly emissions ofVOM from all lithographic printing lines at the source (including solvents used for cleanup operations associated with the



### 5lithographic printing lines) and divide this amount by the number of days during that calendar month that lithographic printing lines at the source were in operation;

ii) To determine the YOM content of the inks, fountain solution additives and cleaning solvents, the test methods and procedures set forth in Section 21S.409(c) of this Subpart shall be used;

iii) To determine YOM emissions from inks used on lithographic printing lines at the source, an ink emission adjustment factor of 0.05 shall be used in calculating emissions from all non-heatset inks except when using an impervious substrate, and a factor of O.SO shall be used in calculating emissions from all heatset inks to account for YOM retention in the substrate except when using an impervious substrate. For impervious substrates such as metal or plastic, no emission adjustment factor is used. The YOM content of the ink, as used, shall be multiplied by this factor to determine the amount of YOM emissions from the

use of ink on the printing lines; and

iv) To determine YOM emissions from cleaning solutions used

on lithograpbic printing lines at thc source, an emission adjustment factor of 0.50 shall be used in calculating emissions from used shop towels if the YOM composite
vapor pressure of each associated cleaning solution is demonstrated to be less than 10 mmi-ig measured at 20°C (6S0F) and the shop towels are kept in closed containers. For cleaning solutions with YOM composite vapor pressures of equal to or greater than 10 mmi-ig measured at 20°C (6S0F) and for shop towels that are not kept in closed containers, no emission adjustment factor is used;

2) I-Ieatset web offset lithographic printing lines exempt pursuant to Section 2IS.405(c)(l) but not exempt pursuant to Section 2IS.405(c)(2).

B) Calculations that demonstrate that combined emissions of YOM from all lithographic printing lines (including inks, fountain solutions, and solvents used for cleanup operations associated with the lithographic printing lines) at the source never exceed 45.5 kg/day (100 lbs/day) before the use of capture systems and control devices, as follows (the following methodology shalfalso be used



### 6to calculate whether a source exceeds 45.5 kg/day (100 Ibs/day) for purposes of determining eligibility for the exclusions set forth in Section 218.415( c )(3), in accordance with Sections 218.411 (g)(2)(A)(i):

i) To calculate daily emissions of YOM, the owner or operator shall determine the monthly emissions of YOM from all lithographic printing lines at the

source (including solvents used for cleanup operations associated with the lithographic printing lines) and divide this amount by the number of days during that calendar month that lithographic printing lines at the source were in operation;

ii) To determine the YOM content of the inks, fountain solution additives and cleaning solvents, the test methods and procedures set forth in Section 218.409(c) of this Subpart shall be used;

iii) To determine YOM emissions from inks used on lithographic printing lines at the source, an ink emission adjustment factor of 0.05 shall be used in calculating emissions from all non-heatset inks except when using an impervious substrate, and a factor of 0.80 shall be used in calculating emissions from all heatset inks to account for YOM retention in the substrate except when using an impervious substrate. For impervious substrates such as metal

or plastic, no emission adjustment factor is used. The YOM content of the ink, as used, shall be multiplied by this factor to detelmine the amount of YOM emissions from the use of ink on the printing lines;

iv) To determine YOM emissions from cleaning solvents used on lithographic printing lines at the
source, an emission adjustment factor of 0.50 shall be used in calculating emissions from cleaning solution in shop towels if the YOM composite
vapor pressure of such cleaning solution is demonstrated to be less than 10 mmHg measured at 20 0 

# e (68°F) and the shop towels are kept in closed containers. For cleaning solutions with YOM composite vapor pressures of equal to or greater than 10 mmHg measured at 20 0 

## e (68°F) and for

7Section 219.411 shop towels that are not kept in closed containers,

no emission adjustment factor is used;

Reeordkeeping and Reporting for Lithographic Printing

b) Exempt Units on and after August 1,2010

I) Lithographic Printing Lines Exempt pursuant to Section 219.405(c)(2)

B) Calculations that demonstrate that combined emissions ofVOM from all lithographic printing lines (including inks, fountain solutions, and solvents used for cleanup operations associated with the lithographic printing lines) at the source do not equal or exceed 6,8 kg/day (15 lbs/day), before the use of capture systems and control devices, as follows:

i) To calculate daily emissions ofVOM, the owner or operator shall dctermine the monthly emissions ofVOM from all lithographic printing lines at the source (including solvents used for cleanup operations associated with the lithographic printing lines) and divide this amount by the number of days during that calendar month that lithographic printing lines at the source were in operation;

ii) To determine the YOM content ofthe inks, fountain solution additives and cleaning solvents, the test methods and procedures set f01th in Section 219 .409( c) of this Subpart shall be used;

iii) To determine YOM emissions from inks used on lithographic printing lines at the source, an ink emission adjustment factor of 0.05 shall be used in calculating emissions from all non-heatset inks except when using an impervious substrate, and a factor of 0.80 shall be used in calculating emissions from all heatset inks to account for YOM retention in the substrate except when using an impervious substrate. For impervious substrates such as metal or plastic, no emission adjustment factor is used. The YOM content of the ink, as used, shall be multiplied by this factor to determine the amount ofVOM emissions from the

use of ink on the printing lines; and

iv) To determine YOM emissions from cleaning solutions used

on lithographic printing lines at the source, an emission adjustment factor of 0.50 shall be used in calculating

8

### emissions trom used shop towels if the YOM composite vapor pressure of each associated cleaning solution is demonstrated to be less than 10 mmHg measured at 20°C (6SoF) and the shop towels are kept in closed containers. For cleaning solutions with YOM composite vapor pressures of equal to or greater than 10 mmHg measured at 20°C (6SoF) and for shop towels that are not kept in closed containers, no emission adjustment factor is used;

2) Heatset web offset lithographic printing lines exempt pursuant to Section 219.405(c)(l) but not exempt pursuant to Section 219.405(c)(2).

B) Calculations that demonstrate that combined emissions ofVOM from all lithographic printing lines (including inks, fountain solutions, and solvents used for cleanup operations associated with the lithographic printing lines) at the source never exceed 45.5 kg/day (l00 Ibs/day) before the use of capture systems and control devices, as follows (the following methodology shall also be used
to calculate whether a source exceeds 45.5 kg/day (100 Ibs/day) for purposes of determining eligibility for the exclusions set forth in Section 219.405(c)(3), in accordance with Section 219.41 I (g)(2)(A)(i»:

i) To calculate daily emissions ofVOM, the owner or operator shall determine the monthly emissions ofVOM from all lithographic printing lines at the source (including solvents used for cleannp operations associated with the lithographic printing lines) and divide this amount by the number of days during that calendar month that lithographic printing lines at the source were in operation;

ii) To determine the YOM content of the inks, fountain solution additives and cleaning solvents, the test methods and procedures set forth in Section 219.409(c) of this Subpart shall be used;

iii) To determine YOM emissions from inks used on lithographic printing lines at the source, an ink emission adjustment factor of 0.05 shall be used in calculating emissions from all non-heatset inks except when using an impervious substrate, and a factor of 0.80 shall be used in calculating emissions from all heatset inks to account for YOM retention in the substrate except when nsing an

9impervious substrate. For impervious substrates such as metal or plastic, no emission adjustment factor is used. The YOM content of the ink, as used, shall be multiplied by this factor to determine the amount of YOM emissions from the

use of ink on the printing lines;

iv) To determine YOM emissions from cleaning solvents used

on lithographic printing lines at the source, an emission adjustment factor of 0.50 shall be used in calculating emissions from cleaning solution in shop towels if the YOM composite vapor pressure of such cleaning solution is demonstrated to be less than 10 mmHg measured at 20°C (68°F) and the shop towels are kept in closed containers. For cleaning solutions with YOM composite vapor pressures of equal to or greater than 10 mmHg measured at 20°C (68°F) and for shop towels that are not kept in closed containers, no emission adjustment factor is used;

Pleasure Craft Surface Coatings

On May 6, 2011, the American Coatings Association CACA") prefiled testimony with

the Board, requesting revisions to certain definitions applicable to pleasure craft surface coatings,

higher YOM limits for certain subcategories of pleasure craft coatings, and a "small container

exemption." The Illinois EPA submitted the ACA's testimony to the USEPA.

The USEPA advised that inclusion of a small container exemption in Section

218/219.208, as set forth below, is acceptable. Likewise, USEPA indicated that the ACA's

proposed revision to the definition of "extreme high gloss coating," which was proposed by the

Agency in its Motion to Amend, is acceptable as well. USEPA advised that the ACA's proposed

revision to the definition of "pretreatment wash primer" might be acceptable, but the USEP A

needs more information regarding how the revision will impact YOM emissions. The Illinois

EPA intends to work with the ACA and USEP A regarding this issue.

Finally, the USEPA indicated that the YOM limitations for pleasure craft surface

coatings can be amended as set forth below, provided that the existing emissions averaging

10alternative for such coatings is eliminated. The averaging alternative was intended to satisfy the

pleasure craft coating industry's need for higher emission limitations. If higher limits are instead

implemented, there is no further need for an averaging option. The regulation may therefore

contain either higher YOM limits or emissions averaging, but not both. Based on subsequent

discussions with the ACA, in which the ACA expressed a preference for higher YOM

limitations, the Illinois EPA proposes eliminating the emissions averaging alternative and

amending celiain limits, as follows:

Part 218:

Section 218.204 Emission Limitations

q) Miscellaneous Metal Parts and Products Coatings and Plastic Parts and Products Coatings On and After May 1,2012

.

.. , ............................
5) Pleasure Craft Surface Coatings

kg/I kg/I (lb/gal) (lb/gal) coatings solids
A) Extreme high gloss coating

- topcoat 0.60(M9 1.88-hW**Q&)~ ill.§)~**  B) High gloss coating

- topcoat 0.42 0.80 (3.5) (6.7)

C) Pretreatment wash primer 0.78 6.67 (6.5) (55.6)


### D) Finish primer/surfacer M;J, (}..W fBj 

## E&.+l Prior to January 1,2014: 0.60 1.88 (5.0) ill.§)

On and after January I. 2014: 0.42 0.80 (3.5) (6.7)

E) High build primer/surfacer 0.34 0.55 (2.8) (4.6)

11F) Aluminum substrate anti foul ant 0.56 1.53 coating (4.7) (12.8)



### 0) Other substrate antifoulant coating 0.40(8;**~73~ (3.3)~**  fl.[)(441



### ill Antifouling Sealer/Tie Coat 0.42 0.80 

### ll2l (Q1}


### 1M) All other pleasure craft surface 0.42 0.80 coatings for metal or plastic (3.5) (6.7)

Section 218.207 Alternative Emission Limitations

a) Any owner or operator of a coating line subject to Section 218.204 of this Subpart, except coating lines subject to Section 218.204(q)(6), may comply with this Section, rather than with Section 218.204 of this Subpart, if a capture system and control device are operated at all times the coating line is in operation and the

owner or operator demonstrates compliance with subsections (c), (d), (e), (f), (g), (h), (i), 

### G), (k), (1), (m), or (n) of this Scction (depending upon the source category) through the applicable coating analysis and capture system and control device efficiency test methods and procedures specified in Section 218.1 05 of this Part and the recordkeeping and reporting requirements specified in Section 218.211(e) of this Subpart; and the control device is equipped with the applicable mouitoring equipment specified in Section 218.1 05( d) of this Part and the monitoring equipment is installed, calibrated, operated and maintained according
to vendor specifications at all times the control device is in use. A capture system and control device, which does not demonstrate compliance with subsection (c), (d), (e), (t), (g), (h), (i), (j), (k), (I), (m), or (n) of this Section may be used as an alternative to compliance with Section 218.204 of this Snbpart only if the alternative is approved by the Agency and approved by the USEP A as a SIP revision. The owner or operator of a pleasure craft surface coating operation subject to Section 218.204(q)(5)(A) through (G) of this Subpart may also comply with subsection (0) of :his Section, rather than with Section 218.204 of this Subpart.

0) Emissions Averaging Alternative for Pleasure Craft Surfaee Coating Operations. The ovmer or operator ofa source with coating operations subject to the requirements of Section 218.204(q)(5)(A) through (G) may elect to include such operations in the emissions averaging alternative. Coating operations utilizing this alterna:ive shall comply with a source specific YOM emission limit on a 12

12month rolling average basis, calculated at the end of each calendar month. gooject coating operations that do not utilize the emissions averaging alternative, and coating operations sabject to Section 21 8.201(q)(5)(H), shall comply with the requirements-tn-Seetien 218.201 (q)(5) or 218.205, or subsectiE>n-fn) of this Section, as applicable, as well as with all other applicable**req~:irements** in this Subpart.

I) The total actual VOM emissions determined by htuaeion 2 shall be equal
to or less than tl:e total allowable VOM emissions determined by Eqltatien 1. The owner or operator of a source subject to this subsection (0) shall

use Equati-en-1- to determine the total allowable source specific VOM mass emission limit for pleasure craft coatings included in the emissions
average:
Equation 1:

G VOAI Allowahfe 

# E LIJ.1/ Vi

{=oA

Total allowable-mass of VOM that CaR be emitted from the pleasure craft coating operations incbded in the average, expressed in kilograms pOl' 12 month period.

btM; = The applicable ',10M content limit for a specified pleasure craft coating category from Section 218.201 (q)(5)(A) throagh (0), expressed in kiillgrams per ]jeer. 

## .vi = Volume of specified pleasure craft coating category from Section 218.201(q)(5)(A) through (0) used in the-past 12 months, excluding water aRd any corapounds that are exempt, expressed in liters.

t = Subscript denoting a specific pleasure craft coating category from Section 218.201(q)(5)(lr) through (0).

2) At the end of the first 12 month averaging period, and at the end ofoach subsequent month, the owner or operator of a somce subject to this subsection (0) shall**~:se** Eqt:ation 2 to calculate the total actual VOM emissions from the pleasure craft coating operations included in the emiSSIOns average.

Equation 2:

133) where:

t 

### 1 s . the 

### uOH content 

### lffi

-- uOH emissions calcaate • US111g**~.** uah

•

## ~ u • lE olE A l thfth5'> II oatings from ScctlOn 218.201Eq J • i f

a c '. , d the "olume 0- CG) that are inck:ded 111 the avcrage an • those coatings used, expresses III kllograms.

11T e1 'g h:ed average ofaclaal \TOM conlent for-a

.

-

### .~ . t 

### e J' fFem Se-€--8-eH s ecified pleasure craft coat111g**c~eg** r.

.

# 2~ 8.201Eq)(5)EA) through (G), expressed 111 kll&gffiffi5 per-{i\€r.**~** &tal--voluFae-ofkjs**",e*c;tifit±,"ed~p""le8£ure** craft coating

= Total volame 0 p " 204 ( )f5)fAl thro::gh (G) category from SectIOJ:1c218. q",
,

= '1sed in the past 12 months, exc1udlllg water illld an)

# ~ompounds that are exempt, cxpressed III hters,



### 'I 'aFt CO'l'i ng Sabscript donoting a speClfic p easare Cl**~ ~**  EG) category from Section 2l8.201(q)C5)(A) Houg
,

For purposes of EquatIOn , ' . 3 t alcdatc the weinhted average

. () h-II use EquatIon 0 C , b h f source subject to ' 2 'he mvncr or operator**o~** a

this subsectIOn 0 sa" 1 s d in the emissions average for t e VOM content for each coat111g 111C u e previous 12 months,

Equation 3:

where: roOl

= Weighted average ofaetllal VOM content for a specified leanrs craft coating category from SectIOn
,

# ~18,2'04(ql(5l(A) through (G), eKpresscd m kIlograms per titer.

14Section 218.208 ¥GMt = ¥GM content of each pleasure craft coating used ovcr the previous 12 months within a specdic pleasure craft coating category, i.
¥j ¥alume ofeach pleasure craft coating uscd in the prcvious 12 months, excluding water and any-wmpounds that are excmpt, \vithin a specific pleasure craft coating category, i.

t Subscript dcnoting a specifiB pleasure craft coating wteger), from Section 21 8.204(q)(5)(A) through (G).

t Subscript denoting a specific pleasure craft coating within

a spccified coating €ategory, i.

= Number of coatings applicd within a specific coating category, i.

Exemptions from Emission Limitations

a) Exemptions for all coating categories except wood furniture coating. The limitations of this Subpart shall not apply to coating lines within a source, that otherwise would be subject to the same subsection of Section 218.204 (because they belong to the same coating category, e.g., can coating), provided that combined actual emissions ofVOM from all lines at the source subject to that subsection never exceed 6.8 kg/day (15 Ibs/day) before the application of capture systems and control devices. (For example, can coating lines within a source would not be subject to the limitations of Section 218.204(b) of this Subpart if the combined actual emissions ofVOM from the can coating lines never exceed 6.8 kg/day (IS lbs/day) before the application of capture systems and control devices.) Prior to May 1,2012, volatile organic material emissions from heavy off-highway vehicle products coating lines must be combined with YOM emissions from miscellaneous metal parts and products coating lines to determine applicability. On and after May 1,2012, YOM emissions from heavy offhighway vehicle products coating lines shall be combined with YOM emissions from miscellm1eous metal parts and products coating lines and plastic parts and products coating lines to determine applicability. Any owner or operator of a coating source shall comply with the applicable coating analysis test methods and procedures specified in Section 218.1 05(a) of this Part and the recordkeeping and reporting requirements specified in Section 218.211 (a) of this Subpart if total YOM emissions from the subject coating lines are always less than or equal to 6.8 kg/day (15 Ibs/day) before the application of capture systems and control devices and, therefore, are not subject to the limitations of Section 218.204 of this Subpart. Once a category of coating lines at a source is subject to the limitations in Section 218.204 of this Subpart the coating lines are always subject to the limitations in Section 218.204 of this Subpart.

b) Applicability for wood furniture coating

IS1) The limitations of this Subpart shall apply to a source's wood furniture coating lines if the source contains process emission units, not regulated by Subparts B, E, 

## r (excluding Section 218.204(1) ofthis Subpart), H (excluding Section 218.405 of this Part), Q, R, S, T (excluding Section 218.486 of this Part), V, X, Y, or BB of this Part, which as a group both:

A) I-lave a maximlm1 theoretical emissions of91 Mg (100 tons) or

more per calendar year ofVOM ifno air pollution control equipment were used; and

B) Are not limited to less than 91 Mg (100 tons) ofVOM per calendar
year if no air pollution control equipment were used, through production or capacity limitations contained in a federally enforceable permit or SIP revision.

2) The limitations of this Subpart shall apply to a source's wood furniture coating lines, on and after March 15, 1996, if the source contains process emission units, which as a group, have a potential to emit 22.7 Mg (25 tons) or more ofVOM per calendar year and have not limited emissions to less than 22.7 Mg (25 tons) ofVOM per calendar year through production

or capacity limitations contained in a federally enforceable operating permit or SIP revision, and that:

A) Are not regulated by Subparts B, E, F (excluding Section 218.204(1) of this Subpart), H, Q, R, S, T (excluding Section 218.486 of this Part), V, X, Y, Z or BB ofthis Part; and

B) Are not included in any of the following categories: synthetic organic chemical manufacturing industry (SOCMI) distillation, SOCMI reactors, plastic parts coating (business machines), plastic parts coating (other), offset lithography, industrial wastewater, auto body refinishing, SOCMI batch processing, volatile organic liquid storage tanks and clean-up solvents operations.

3) If a source ceases to fulfill the criteria of subsection (b)(I) or (b )(2) of this Section, the limitations of Section 218.204(1) of this Subpart shall continue
to apply to any wood furniture coating line which was ever subject to the limitations of Section 218.204(1) of this SubpaJi.

4) For the purposes of subsection (b) of this Section, an emission unit shall be considered to be regulated by a Subpart if it is subject to the limitations of that Subpart. An emission Lmit is not considered regulated by a Subpart ifit is not subject to the limits of that Subpart, e.g., the emission unit is covered by an exemption in the Subpart or the applicability criteria of the Subpart are not met.

165) Any owner or operator of a wood furniture coating line to which the limitations of this Subpart are not applicable due to thc criteria in subsection (b) of this Section shall, upon request by the Agency or the USEPA, submit records to the Agency and the USEPA within 30 calendar days ii'om the date of the request that document that the coating line is exempt from the limitations of this Subpart.

c) On and after March 15, 1996, the limitations ofthis Subpart shall not apply to touch-up and repair coatings used by a coating source described by Section 218.204(b), (d), (t), (g), and-(i), and (q)J.i) of this Subpart; provided that the source-wide volume of such coatings used does not exceed 0.95 I (I quart) per eight-hour period or exceed 209 liyr (55 gallyr) for any rolling 12 month period. Recordkeeping and reporting for touch-up and repair coatings shall be consistent with subsection (e) of this Section.

d) Prior to May I, 2012, the limitations of this Subpart shall not apply to touch-up and repair coatings used by a coating source described by Section 218.204(j), (n), and (0) of this Subpart, provided that the source-wide volume of the coatings USed does not exceed 0.95 I (I quart) per eight-hour period or exceed 209 lIyr (55 gallyr) for any rolling 12 month period. Recordkeeping and reporting for touchup and repair coatings shall be consistent with subsection (e) ofthis Section.

e) On and after March IS, 1996, the owner or operator of a coating line or a group of coating lines using touch-up and repair coatings that are exempted from the limitations of Section 218.204(b), (d), (f), (g), (i), Cj), (n), and-(o), and (q)(5) of this Subpart because of the provisions of subsection 21S.20S(c) or (d) of this section shall:

I) Collect and record the name, identification number, and volume used of each touch-up and repair coating, as applied on each coating line, per eight-hour period and per month;

2) Perform calculations on a daily basis, and maintain at the source records of such calculations, of the combined volume of touch-up and repair coatings used source-wide for each eight-hour period;

3) Perform calculations on a monthly basis, and maintain at the source records of such calculations, ofthe combined volume of touch-up and repair coatings used source-wide for the month and the rolling 12 month period;

4) Prepare and maintain at the source an annual summary of the information required to be compiled pursuant to subsections (e)(I) and (e )(2) of this Section on or before January 31 of the following year;

17

### 5) Maintain at the source for a minimum period of three years all records required to be kept under this subsection (e) and make such records available to the Agency upon request;

6) Notify the Agency in writing if the use of touch-up and repair coatings at the source ever exceeds a volume of 0.95 I (1 

### quart) per eight-hour period

or exceeds 209 lIyr (55 gal/yr) for any rolling 12 month period within 30 days after any such exceedance. Such notification shall include a copy of any records of such exceedance; and

7) "Touch-up and repair coatings" means, for purposes of 35 Ill. 

### Adm. Code 218.208, any coating used to cover minor scratches and nicks that occur during manufacturing and assembly processes.

Section 218.211 Recordkeeping and Reporting

c) Any owner or operator of a coating line subject to the limitations of Section 218.204 of this Subpart other than Section 218.204(a)(1)(B), (a)(I)(C), (a)(2)(B), (a)(2)(C), or (a)(2)(D) of this Subpart and complying by means of Section 218.204 of this Subpart shall comply with the following:

3) On and after a date consistent with Section 218.106 of this Part, the owner

or operator of a subject coating line shall notify the Agency in the following instances:

A) Any record showing violation of Section 218.204 of this Subpart shall be reported by sending a copy of such record to the Agency within 30 days following the occurrence of the violation.

B) At least 30 calendar days before changing the method of compliance from Section 218.204 of this Subpart to Section 218.205 or Section 218.207 ofthis Subpart, the owner or operator shall comply with all requirements of subsection (d)(1 )J21:, 

### (e)(I),

or (i)(l) 

### of this Section, as applicable. Upon changing the method of compliance from Section 218.204 of this Subpart to Section 218.205 of this Subpart or Section 218.207 of this Subpart, the

owner or operator shall comply with all requirements of subsection (d) or, (e ),-Bf'-{i-) 

### ofthis Section, as applicable.

d) Any owner or operator of a coating line subject to the limitations of Section 218.204 of this Subpart and complying by means of Section 218.205 of this Subpart shall comply with the following:

18

### 3) On and after a date consistent with Section 2] 8.106 of this Part, the owner

or operator of a subject coating line shall notify the Agency in the following instances:

A) Any record showing violation of Section 218.205 of this Subpart shall be repOlied by sending a copy of such record to the Agency within 30 days following the occurrence of the violation.

B) At least 30 calendar days before changing the method of compliance with this Subpart from Section 218.205 of this Subpart
to Section 218.204 or Section 218.207 of this Subpart, the owner

or operator shall comply with all requirements of subsection (c)(1)
or, (e)(1 ), or (i)(l) 

### of this Section, as applicable. Upon changing the method of compliance with this Subpart from Section 218.205
to Section 218.204 or Section 218.207 of this Subpart, the owner

or operator shall comply with all requirements of subsection (c) or, (e ),-&r-W 

### of this Section, as applicable.

j) Each owner or operator of a pleasure craft surface coating operation sabject to the limitations in Section 21 8.204(q)(5)(A) through (0) 

### of this Subpart and complying by means of Section 218.207(0) of this Subpart shall comply with the fell&wing7



### 1) 

### By a date consistent with Section 21 8.106 of this Part, or upon initial start up-ofa new pleasure craft surface coating operation, whichever is later, or upon changing the method of compliance for an existing subject coating operation from Section 218.204, 218.205, or 218.207(n) of this Subpart to Section 218.207(0) of this Subpart, the owner or operator ofa subject ooati-ng operation shall perform all tests lmd calculations necessary to demonstrate that the subj cct coating line will be in compliance with Section 218.207(0) on and after a date consistent with Section 218.106 of this Part, or on and after the initial start up 

### date.

2) On and after a date consistent with Section 218.106 of this Part, or on and after the initial start up date, whichever is later, the owner or operator of a subject pleasure craft coating operation shall:

A) Collect and record the following information each month:

i) The amount of each pleasure craft surface coating used in each subject coating operation;

19Part 219: ii) The 'lOM content and coating category of each pleasure craft surface coating used in each subjecH,oating operation;

iii) Total-mon:hly YOM emissions for all subject**pleas~:re** craft s::rface coating operations;

B) At :he end sf the first 12 month averaging period, and at the end of each subsequent month, colleet and record the fol1BWing information:

i) The VOM mass emission limit for all sabject pleasure craft surface coating operations for the applicable 12 month averaging period, with supporting calculations;

ii) Tho-total actual emissmns ofVOM from all sl:bject j3kasure craft surface coating operations for-.the applicable 12 month averaging period;

C) Notify the Agency in writing of any violation of the requirements of Section 21 8.207(0) within 30 days following the-eccurrence of the violation and provide records documenting-the violation upon reqaest by the Agency;

D) Notify the Agency in writing at least 30 calendar days before changing the method of compliance with this Subpart from Section 218.207(0) to Section 218.201,218.205, or 21 8.207(n). Upon changing the method of compliance, the owner or operator shall comply wi,h all rcq::irements set forth in subsection (c), Ed), or (e) of this Section, as applicable;

E) Maintain at the source all records reql:ired by this subsection 

## G) for

a minimum of three years from the date the document was created, and provi de such records to the Agency apon request.

Section 219.204 Emission Limitations

q) Miscellaneous Metal Parts and Products Coatings and Plastic Parts and Products Coatings On and After May I, 2012.

5) Pleasure Craft Surface Coatings

20kg/I kg/I (ib/gal) (ib/gal) coatings solids
A) Extreme high gloss coating

- topcoat 0.601+49 1.88hW 

## l2Jl.lM**(l5.6)~** B) High gloss coating

- topcoat 0.42 0.80 (3.5) (6.7)

C) Pretreatment wash primer 0.78 6.67 (6.5) (55.6)

D) Finish primer/surfacer ().4;6 G-,W I+..§..) f:€Hj Prior to January I. 2014: 0.60 1.88 

## l2Jl.l 

## .L!222

On and after January 1. 2014: 0.42 0.80 

### Qdl. 

### &1.l.

E) High build primer/surfacer 0.34 0.55 (2.8) (4.6)

F) Aluminum substrate antifoulant 0.56 1.53 coating (4.7) (12.8)

G) Other substrate antifoulant coating 0.40G-cH 0.73(h£**(3.3)~ ~f44)**  

## ill Antifouling Sealer/Tie Coat 0.42 0.80 

### Qdl. 

### &1.l.

1M) All other pleasure craft surface 0.42 0.80 coatings for metal or plastic (3.5) (6.7)

Section 219.207 Alternative Emission Limitations

a) Any owner or operator of a coating line subject to Section 219.204 of this Subpart, except coating lines subject to Section 219 .204( q)( 6), may comply with this Section, rather than with Section 219.204 of this Subpart, if a capture system and control device are operated at all times the coating line is in operation and the

owner or operator demonstrates compliance with subsection (c), (d), (e), (t), (g), (h), (i), (j), (Ic), (I), or (m) of this Section (depending upon the source category) through the applicable coating analysis and capture system and control device efficiency test methods and procedures specified in Section 219.105 of this Part

21and the recordkeeping and reporting requirements specified in Section 219.211 ( e) of this Subpart; and the control device is equipped with the applicable monitoring equipment specified in Section 219.1 OS( d) of this Part and the monitoring equipment is installed, calibrated, operated and maintained according to vendor specifications at all times the control device is in use. A capture system and control device, which does not demonstrate compliance with subsection (c), (d), (e), (f), (g), (h), (i), (j), (k), (I), or (m) of this Section may be used as an alternative
to compliance with Section 219.204 of this Subpart only if the alternative is approved by the Agency and approved by the USEP A as a SIP revision. +Be

owner or operator ofa pleasure craft surface coating opcration subjec, to Sectiou 219.204(q)(5)V,) through (0) of this Subpart may also comply with sabsection (n) of,his Section, rather than '""ith Section 219.204 of,his Subpart.

n) Emissions ,\veraging Alternative far Pleasure Craft Surface Coating Operations. +he-ewner or operator of a source with coating operations subject to the requirements of Section 219.204(q)(5)(A) through (0) may elect to inelude such operations in the emissions averaging alternative. Coating operations utilizing this alternative shall comply ,<,{ith a source specific YOM emission limit on a 12 meffih-rolling average basis, calculated at the end of each calendar month. Subject coating operations that do not utilize the emissions averaging alternative and coating operations subject to Sec,ion 219.204(q)(5)(H), shall comply witMhe rettUiFCflwnts in Section 219.204(q)(5) or 219.205, or sabsection (m) of this Section, as applicable, as well as with all other applicable requirements in fhis Subpart.

1) The total**ac,~;al** 'lOM emissions determined by Equation 2 shall be equal
to or less than the total allowable VOM emissions determined hy-Equation 1. The owner or operator of a source sabj ect to this subsection (n) shall

use Equation I to dctem1ine the total allowable source specific YOM mass emission limit far pleasure craft coatings included in this emissions average:
Equation 1:

G VO}J Alllnmhie 

# E**LJi~1** i

### r~ h=-A

¥OMMlewab", = Total allowable mass ofVOM that can be emitted from the pleasure craft coating operations included in the average, expressed in kilograms per 12 month period.

22hlM i = The applicable VOM content limit for a spc€"ifioo pleasure craft coating category from Section 219201(q)(5)(/\) through (G), expressed in kilograms**pcr-±~**

Vi = Volume of speciflcd pleasure craft coating category from Section 2l9"201(q)(5)(A) through"(Gj-w.;e&tn the past l-b months, cxcl uding viater and any compounds that are Olccmpt, expressed in liters"

t = Subscript denBttng a specific pleasure craft-€"'*lting category from Section 219201(q)(5)(S)·through (Gfo

2) At the end of the first 12 month averaging period, and at the end of each subsequent month, the owner or operator of a source subject to this subsection (n) shall ase Equation 2 to calculate the total actual VOM emissions from the pleasure craft coating operations included in the emISSIOns average"

Equation 2:

where: G 

### FDA/Actual EVOAl i 

### V;·

I",A**¥GMA~l',"1** = VOM emissions calculated using the V()M.{;--efttent for all coatings from Section 2l9.204(q)(5)(A) through (G) tha, are included in the average and the velume of those coatings used, expressed in kilograms.

¥GMt = Weigh,ed average of actual VOM content for a specified pleasure craft coating category from Section 219204(q)(5)(A) through (G), expressed in kilograms per liter.

¥i = Total volume of specified pleasure crafE-coating category from Section 219.204(q)(5)(A) through (G) used in ,he past 12 months, elwluding water-aad
any compounds that arc clwmpt, m[pressed in liters.

t = Subscript dcnoting a specific pleasure craft coating category from Sectiou 21 9.204 (q)(5)(A) through E@}



### 233) For purposes of Equation 2, the owner or operator ofa source suB:fcct-to this subsection En) shall use Equation 3 to calculaee-the-weighted average 

### ¥-GM content fo·reacl1 coating included in ,he emis&ions average for the previous 12 months.

Section 219.208 Eqtiation 3:

" IVOMjV; VOM,

",<,here:

¥GMj Weighted average of actual VOM content for a specified pleasure craft coating category from Section 219.201(q)(5)(A) through (0), elcpressed in kilograms per liter.

= VOM content of each plcasure craft coating ased

over the previous 12 months within a specific pleasure craft coating category, h

:Vi :Volumc of each pleasure craft coueing used in the previa as 12 months, eJwluding- water and any compounds that are Glcempt, within a specific pleasure craft coating category, i.

1 Suhscript denoting a specific pleasure craft coating category from Soctien 219.201(q)(5)(A) ehtough (Gfr

j

n = Subscript denoting a specific pleasure craft coating within a specified coating category, 

### i.

}Jambor of coatings applied within a specific coating category;+-

Exemptions From Emission Limitations

a) Exemptions for all coating categories except wood furniture coating. The limitations of this Subpart shall not apply to coating lines within a source, that otherwise would be subject to the same subsection of Section 219.204 (because they belong to the same coating category, e.g., can coating), provided that

24combined actual emissions ofVOM from all lines at the source subject to that subsection never exceed 6.8 kg/day (15 Ibs/day) before the application of capture systems and control devices. (For example, can coating lines within a source would not be subject to the limitations of Section 219.204(b) of this Subpart if the combined actual emissions ofVOM from the can coating lines never exceed 6.8 kg/day (15 Ibs/day) before the application of capture systems and control devices.) Prior to May 2012, volatile organic material emissions from heavy offhighway vehicle products coating lines must be combined with YOM emissions from miscellaneous metal parts and products coating lines to determine applicability. On and after May 1,2012, YOM emissions from heavy offhighway vehicle products coating lines shall be combined with YOM emissions from miscellaneous metal parts and products coating lines and plastic parts and products coating lines to determine applicability. Any owner or operator of a coating source shall comply with the applicable coating analysis test methods and procedures specified in Section 219.105(a) of this Part and the recordkeeping and reporting requirements specified in Section 219.211 (a) of this Subpart if total YOM emissions from the subject coating lines are always less than or equal to 6.8 kg/day (15 Ibs/day) before the application of capture systems and control devices and, therefore, are not subject to the limitations of Section 219.204 of this Subpart. Once a category of coating lines at a source is subject to the limitations in Section 219.204 ofthis Part the coating lines are always subject to the limitations in Section 219.204 of this Subpart.

b) Applicability for wood furniture coating

1) The limitations of this Subpart shall apply to a source's wood furniture coating lines if the source contains process emission units, not regulated by Subparts B, E, F (excluding Section 219.204(1) of this Subpart), H (excluding Section 219.405 ofthis Part), Q, 

### R, S, T (excluding Section 219.486 of this Part), V, X, Y, Z or BB of this Part, which as a group both:

A) Have a maximum theoretical emissions of91 Mg (100 tons) or

more per calendar year ofVOM if no air pollution control equipment were used, and

B) Are not limited to less than 91 Mg (100 tons) ofVOM per calendar year if no air pollution control equipment were used, through production or capacity limitations contained in a federally enforceable permit or SIP revision.

2) The limitations of this Subpart shall apply to a source's wood furniture coating lines, on and after March 15, 1996, if the source contains process emission units, which as a group, have a potential to emit 22.7 Mg (25 tons) or more ofVOM per calendar year and have not limited emissions to less than 22.7 Mg (25 tons) ofVOM per calendar year through production

or capacity limitations contained in a federally enforceable operating

25permit or SIP revision, and that:

A) Are not regulated by Subparts B, E, F (excluding Section 219.204(1) of this Subpart), H, Q, R, S, T (excluding Section 219.486 of this Part), V, X, Y, Z or BB ofthis Part; and

B) Are not included in any of the following categories: synthetic organic chemical manufacturing industry (SOCMI) distillation, SOCMI reactors, plastic parts coating (business machines), plastic parts coating (other), offset lithography, industrial wastewater, auto body refinishing, SOCMI batch processing, volatile organic liquid storage tanks and clean-up solvents operations.

3) If a source ceases to fnlfill the criteria of subsection (b)(1) or (b )(2) of this Section, the limitations of Section 219.204(1) of this Subpart shall continue
to apply to any wood furniture coating line which was ever subject to the limitations of Section 219.204(1) of this Subpart.

4) For the purposes of snbsection (b) of this Section, an emission unit shall be considered to be regulated by a Subpart if it is subject to the limitations of that Subpart. An emission unit is not considered regulated by a Subpart if it is not subject to the limits of that Subpart, e.g., the emission unit is covered by an exemption in the Subpart or the applicability criteria of the Subpart are not met.

5) Any owner or operator of a wood furniture coating line to which the limitations of this Subpart are not applicable due to the criteria in subsection (b) of this Section shall, upon request by the Agency or the USEP A, submit records to the Agency and the USEP A within 30 calendar days from the date of the request that document that the coating line is exempt from the limitations of this Subpart.

c) On and after March 15, 1996, the limitations of this Subpart shall not apply to touch-up and repair coatings used by a coating source described by Section 219.204(b), (d), (f), (g), aOO-(i), and (q)(5) of this Subpart; provided that the source-wide volume of such coatings used does not exceed 0.95 1 (l quart) per eight-hour period or exceed 209 lIyr (55 gallyr) for any rolling 12 month period. Recordkeeping and repOliing for touch-up and repair coatings shall be consistent with subsection (d) of this Section.

d) Prior to May 1,2012, the limitations of this Subpart shall not apply to touch-up and repair coatings used by a coating source described by Section 219.204(j), (m), and (n) of this Subpart, provided that the source-wide volume of the coatings used does not exceed 0.95 

### I (l quart) per eight-hour period or exceed 209 l/yr (55 gal/yr) for any rolling twelve month period. Recordkeeping and reporting for touch-up and repair coatings shall be consistent with subsection (e) of this

26Section.

e) On and after March 15, 1996, the owner or operator of a coating line or a group of coating lines using touch-up and repair coatings that are exempted from the limitations of Section 219.204(b), (d), (f), (g), (i), (j), (m), aHEl-(n), and (9)(5) of this Subpart because of the provisions of subsection (c) or (d) of this Section shall:

I)

2)

3)

4)

5)

6)

7)

Section 219.211 Collect and record the name, identification number, and volume used of each touch-up and repair coating, as applied on each coating line, per eight-hour period and per month;

Perform calculations on a daily basis, and maintain at the source records of such calculations of the combined volume of touch-up and repair coatings used source-wide for each eight-hour period;

Perform calculations on a monthly basis, and maintain at the source records of such calculations of the combined volume of touch-up and repair coatings used source-wide for the month and the rolling 12 month period;

Prepare and maintain at the source an annual summary of the information required to be compiled pursuant to subsections (e)(l) and (e)(2) of this Section on or before January 31 of the following year;

Maintain at the source for a minimum period of three years all records required to be kept under this subsection (e) and make such records available to the Agency upon request;

Notify the Agency in writing if the use of touch-up and repair coatings at the source ever exceeds a volume 01'0.951 (1 quart) per eight-hour period

or exceeds 209 lIyr (55 gallyr) for any rolling 12 month period within 30 days after any such exceedance. Such notification shall include a copy of any records of such exceedance; and

"Touch-up and repair coatings" means, for purposes of 35111. Adm. Code 219.208, any coating used to cover minor scratches and nicks that occur during manufacturing and assembly processes.

Recordkeeping and Reporting

c) Any owner or operator of a coating line subject to the limitations of Section 219.204 of this Subpart other than Section 219.204(a)(l )(B), (a)(1 )(C), (a)(2)(B),

27

### (a)(2)(C), or (a)(2)(D) of this Subpart and complying by means of Scction 219.204 of this Subpart shall comply with the following:

3) On and after a date consistent with Section 219.106 of this Part. the owner

or operator of a subject coating line shall notify the Agency in the following instances:

A) Any record showing violation of Section 219.204 of this Subpart shall be reported by sending a copy of such record to the Agcncy within 30 days following the occurrence of the violation.

B) At least 30 calendar days before changing the method of compliance from Section 219.204 to Section 219.205 or Section 219.207 of this Subpart, the owner or operator shall comply with all requirements of subsection (d)(1) or, (e)(1), or (i)(l ), 

### as applicable. Upon changing the method of compliance from Section 219.204 to Section 219.205 or Section 219.207 of this Subpart, the

owner or operator shall comply with all requirements of subsection (d)...QI, (e),.-er-(ij of this Section, as applicable.

d) Any owner or operator of a coating line subject to the limitations of Section 219.204 of this Subpart and complying by means of Section 219.205 of this Subpart shall comply with the following:

3) On and after a date consistent with Section 219.106 of this Part, the owner

or operator of a subject coating line shall notify the Agency in the following instances:

A) Any record showing violation of Section 219.205 of this Subpart shall be reported by sending a copy of such record to the Agency within 30 days following the occurrence of the violation.

B) At least 30 calendar days before changing the method of compliance with this Subpart from Section 219.205 to Section 219.204 or Section 219.207 of this Subpart, the owner or operator shall comply with all requirements of subsection (c)(1) or, (e)(1),

or (i)(l) 

### of this Section, as applicable. Upon chauging the method of compliance with this Subpart from Section 219.205 to Section 219.204 or Section 219.207 ofthis Subpart, the owner or operator shall comply with all requirements of subsection (c) or, (e),.-er-(ij of this Section, as applicable.



### 28j) Each O'''fler 0 . ' 

## r '. 

# ,:v ,r operator of a pleasure craft surfa .'
, Imlta.lOns 111 Section 2l-90204(q)(S)(A) h ' co coatll1g operatIOn sabjectto the

### ~~==1**',~** hu

. n t fOdgh EGj-ef.thF "nh, v='Y'7'I1"l'i"'Tmoans of Sec cion 219 207( )

# ,~'laJ't.aoo following: ,n of thIS Subpart sball comply with the

1)

2) By a date consistent wich Section 219 106 fth' up of a ne',\' pleasure cnf! surfac ' , 0 IS Part, or upon initial start

, c e coatlBg opera"o "'I' h ' upon changll1g the method of 

# r ' "n,

## ~dlC ever IS later, or operation from Section

## 219.2;4o,~~~a;;; tor

## ~n eJUstll1g subject coating ScctlOn 219 ,207(n) of this S b

## ~' or

## ~ 19,207(lc) of thIs SUbpartto

, u part t ,e o"'ner 0 ' watll1g operation shall perl) ll,>cr operator of a subject orm a tests and c I ' I I' ' deffie.n;ffi;xte-that th b'a cu tHOns**neccssa=-'~** e su ject coating l' ,,,'II b ' " 'J 

## = &eti&n-2-1*.207(n) on and af!e:a ;at lBe "I:,

## ~e**I~, ~omplianc&-with**  thIs Part, or on and after tho ' 'I' I e consIstent ,,'Ith SectIOn 219,106 of e 1m IU start up date,



## o E! f

.n an a4,:,r a date consistent with Section 

### 2 .' after the IBltml s,art up dat "eft' h" ,19,106 of thIS Part, or on and b' e," IC e" ens latcr the '" sU4cct pleasure craft coating op f !-' OHner or operator of a " eHuon s ,all:

l\) Collect and record the following information each month:

i)**::c~ as:~un:** **~f** each pleasure craft surface coating used in

cc coatmg operatIOn:

ii) The VOM content and coating t " craft surface coating used in :a:: e 

# ,";:? of

# oa~h pleasure su joct coacmg operation;

Total monthly 

### V OM emissions for 

### a 

### II ' b' 

### I iii) surface coatin" operat" sU4 cct p easure craft
b IOns;

B) At the eBEl-of the first 12 month a"era in ' each subsequent month II 'd g g penoE!, and at the en4-Bf information: ' co ect an record the following

i)

ii) +he 

### VOM mass emission limit for 

### II 

## s' surface coating operations for the :

# tU1~ct pleasure craft averagin 'd'

. 

### PP lea e 12 month g peno , wI,h suppmiing calculations'
,

The total actual emissions of 

### uOH fr 

### II b: pleasure c ft 

### Ii •

### ~ om a. su joct 12**monH:r~: sur~ace**  coating operations for the applicable th eragmg penod;

C) Notify tho Agency in \,'Fiting- of an : ,,: I ' ofSeetion 219 207( ) ,n' h'''' ) ,10 atlOn of the requiremoncs , n NIt m ,,0 days following the occurrence of



### 29the violation**aJ~d** provide records documenting the violation**~:pon** request by the ""genc),;

G-) Notify the Agency in writing at least 30 calendar days befure changing the method of compliance with :his Sl:bpart from Section 2+97207(n) to Section 219.201, )19.205, or 219.207(m). Upon changing the method of eomplian€c, the owner or operator shall comply with all requirements set forth in subsection (c), (d), or (e) ofthis Seetion, as applicable.

E) Maintain at tlle source all records**req~:ired** by :his subseetion 

### Gl for

a minimum of-three years from the date the document was created, aJ1d provide such records to the Agency upon reqaest.

Corrected Equation for Fiberglass Boat Manufacturing Materials

The Illinois EPA recently noticed that a plus sign ("+") is missing between the third and

fourth terms of Equation 3 in Section 218.891(c). The Illinois EPA therefore recommends the

following amendment:

Section218.891 Emission Limitations and Control Requirements

c) Emissions Averaging Alternative. The owner or operator of a source subject to the requirements of this Subpart may elect to include some or all of the subject resin and gel coat operations at the source in the emissions averaging alternative. Resin and gel coat operations utilizing the emissions averaging alternative shall comply with a source-specific monomer YOM mass emission limit on a 12-month rolling average basis, calculated at the end of each calendar month. All subject resin and gel coat operations that do not utilize the emissions averaging alternative shall comply with the requirements in subsection (b) or (d) of this Section, as well as with all other applicable requirements in this Section.

2) At the end of the first 12-month averaging period, and at the end of each subsequent month, the owner or operator of a source subject to this subsection (c) shall use Equation 3 to calculate the monomer YOM emissions from the resin and gel coat operations included in the emissions
average. The monomer YOM emissions calculated using Equation 3 shall
not exceed the monomer YOM limit calculated using Equation 2.

Equation 3:

30Monomer 

## (PV/i )(M 

## II) I 

## (PIL?" )(;.1 

## pc;) I 

## (PV CG 

## )(Ucc;) ¥GM = Emissions

Monomer

YOM Emissions 

## (PVI/ 

## XM R 

## )+ (PVp(; 

## )(MI'G) + 

## (PV 

## u ; )(McG) + (PV 

## m

XMm)+ (PI',,, 

## )(M'G)

where:

Monomer = YOM Emissions

PV PG

PV CG

MeG

PV TR

Mm

PV TG Monomer YOM emissions calculated using the

monomer YOM emission equations for each operation included in the average, expressed in kilograms;

Weighted-average monomer YOM emission rate for production resin used in the past 12 months, expressed in kg/Mg, calculated in accordance with Equation 4 in subsection (c)(3);

Mass of production resin used in the past 12 months, expressed in Mg;

Weighted-average monomer YOM emission rate for pigmented gel coat used in the past 12 months, expressed in kg/Mg, calculated pursuant to Equation 4;

Mass of pigmented gel coat used in the past 12 months, expressed in Mg;

Weighted-average monomer YOM emission rate for clear gel coat used in the past 12 months, expressed in kg/Mg, calculated pursuant to Equation 4;

Mass of clear gel coat used in the past 12 months, expressed in Mg;

Weighted-average monomer YOM emission rate for tooling resin used in the past 12 months, expressed in kg/Mg, calculated pursuant to Equation 4;

Mass of tooling resin used in the past 12 months, expressed in Mg;

Weighted-average monomer YOM emission rate for tooling gel coat used in the past 12 months, expressed in

31kg/Mg, calculated pursuant to Equation 4;

MTG Mass of tooling gel coat used in the past 12 months, expressed in Mg.

DATED: May 16,2011

1021 N. Grand Ave. East P.O. Box 19276 Springfield, IL 62794-9276 (217) 782-5544 Respectfully snbmitted,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

By:

# C20v-4r1t:t;&4ir~ Dana Vetterhoffer 

# )II {

Assistant Counsel Division of Legal Counsel

32

### BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF: ) ) REASONABL Y AVAILABLE CONTROL ) TECHNOLOGY (RACT) FOR VOLATILE ) ORGANIC MATERIAL EMISSIONS FROM ) GROUP II AND GROUP IV CONSUMER & ) COMMERCIAL PRODUCTS: PROPOSED ) AMENDMENTS TO 35 ILL. ADM. CODE 211, ) 218,and219 ) RII-23 (Rulemaking- Air)



### CERTIFICATE OF SERVICE

I, the undersigned, an attorney, state that I have served electronically the attached POSTHEARING COMMENTS OF THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY upon the following person:

John Therriault, Assistant Clerk Illinois Pollution Control Board James R. Thompson Center 100 West Randolph, Suite 11-500 Chicago, Illinois 60601-3218

and electronically to the following persons:



### SEE ATTACHED SERVICE LIST.

DATED: May 16, 2011

1021 N. Grand Ave. East P.O. Box 19276 Springfield, IL 62794-9276 (217) 782-5544 ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

# BY:~~~ Dana Vetterhoffer
, Assistant Counsel Division of Legal CounselTimothy J. Fox Hearing Officer Illinois Pollution Control Board 100 W. Randolph St., Suite 11-500 Chicago, IL 6060 I j()xt@ipcb.state.ii.us

Virginia Yang Deputy Legal Counsel 

### Service List Rll-23

Illinois Department of Natural Resources One Natural Resources Way Springfield, IL 62702-1271 virginia. yang@illinois.gov

Matthew Dunn, Chief Division of Environmental Enforcement Office of the Attorney General 100 West Randolph St., Suite 1200 Chicago, IL 60601 mdunn({uatg.state.il. us

Alec M. Davis General Counsel Illinois Environmental Regulatory Group 215 E. Adams St. Springfield, IL 62701 adavis@ierg.org

James Sell American Coatings Association 1500 Rhode Island Avenue, NW Washington, DC 20005 isell@paint.org

Katherine D. Hodge Monica T. Rios Hodge Dwyer & Driver 3150 Roland Ave. P.O. Box 5776 Springfield, IL 62705-5776 khodge@hddattorneys.com mrios@hddattornevs.comTheBoeingCompanyP.O.Box516St.Louis,MO63166-0516(314)232-0232MAY172011STATEOFILLINOISMay13,2011OUtionControlBoardClerk’sOfficeIllinoisPollutionControlBoard‘:2JamesR.ThompsonCenter,Suite11-500

CChicago,IL60601Ref:DocketRi1-23,VOMStandardsforthe MetroEastAreaPollutionControlBoardMembers:TheBoeingCompanyrecentlyopenedasmallmanufacturingfacilitynearMascoutah,illinois,whichislocatedinthemetroeastozonenonattainmentarea.ThisisourfirstBoeingmanufacturingoperationinIllinois.WelookforwardtobringingadditionalaerospaceworktoIllinois,bothdirectlyandthroughpromotingalocalsuppliernetwork,butseesomelimitationsbecauseIllinoisVOM rulesdidnotanticipateaerospacemanufacturinginmetroeast.Ordinarily,inanozonenonattainmentarea,wewouldberegulatedbyanAerospaceVOMRACTrule,usuallybasedontheUSEPAControlTechniquesGuideline(CTG) forAerospaceManufacturingandRework. However,IllinoisdoesnothaveanAerospaceVOMRACTrule.OnOctober11,1996,IllinoisEPAsubmittedanegativedeclarationtoUSEPA,sayingthatanAerospaceRACTrulewasnotneededatthattime,becausemetroeastdidnothaveanyaerospacefacilitieswithpotentialtoemitgreaterthantheAerospaceCTGapplicabilitythreshold.ConsistentwithourhopetoincreaseaerospacemanufacturinginIllinois,weintendtopetitionIllinoistoconsideradoptinganaerospaceRACTruleand/oramendmentstoexistingrulestoclarif’applicabilityofmetroeastVOMrulestoaerospace.Wewilldosotinderseparatecover,withmoredetail.However,apotentiallyapplicablesolventcleaningVOMruleisproposedforrevisionandopenforcommentnow,sowearesubmittingcommentonthatproposaltoensuretimelyconsideration.OnApril1,2011,theIllinoisRegisterpublishedproposedrevisionsto35111.Adm.Code219.187,entitled“OtherIndustrialSolventCleaningOperations.”Section219.187(a)(2)(B)exemptscertain cleaningoperationsthatarecoveredbyotherindustry-specificRACTrules.Theexistingexemptionforcleaningassociatedwith“i)aerospacecoating”isproposedfordeletion.Boeingrequeststhatthis deletionbedeferreduntilsuchtimethataerospacesolventcleaningoperationscanbesubjecttoaregulationthatisRACTforaerospacemanufacturing.IftheaerospaceexemptionatSection219.187(a)(2)(B)i)isdeletedandweincreasemanufacturingactivitytoexceedtheproposed500lb/monthsolventcleaningthreshold,theBoeingfacilitywouldbesubjecttoarulethatdoes notrepresentpresumptiveRACT,asdescribedintheAerospaceCTG’.TheOtherIndustrialSolventCleaningrulewouldrequiresolventstomeeta0.42lb/galVOMlimitandalsoan8mmHgvapor pressurelimit.Bywayofcomparison,CTG-basedaerospacerulesinmostozonenonattainmentareasintheU.S.providethe followingoptionsforaerospacesolventcleaning:•Useaqueouscleaningsolvent•Usealowvaporpressure(7mmHgorless)hydrocarbon-basedsolvent. Thereisnolb/galVOMcontentrequirement.•Useasolventwithvaporpressureof45mmHg,butfollowhousekeepingmeasures,suchasplacingsolventwipesinbagsorotherclosedcontainersuponcompletingtheiruse.Thereisno lb/galVOMcontentrequirement.Therearelimitedaerospace applicationswhereaqueousor7mmHgvaporpressuresolventsareeffective,butmostaerospacesolventcleaningintheU.S.isperformedwithsolvent blendsthat meetthe45mmHgvaporpressurelimitdescribedintheAerospaceCTGandtheAerospaceNESHAP.Also,someAerospaceRACTrulesexemptcleaningwithcotton-tippedswabsfor smallareas,acommonpracticeatourmetroeastfacility.PleaseretaintheaerospaceexemptioninSec.219.187(a)(2)(B)duringthisrulemakingcycle.WewillfollowupwithaseparaterulemakingpetitionregardinganAerospaceRACTrule formetroeastandarequestforinterimdeterminationofRACTruleapplicability,understandingthat rulemakingdoestakesometimetocomplete.Feelfreetocontactmeat(314)777-9227ordavid.1.shanksboeing.com,iffurtherinformationwouldbehelpful.Sincerely,DavidShanksBoeingEnvironmentalPolicyAnalysisBoeingSt.Louiscc:MarkSchlueter,illinoisEPA,2009MallSt.,Collinsville,IL62234TheAerospaceCTGisavailableathttp://www.epa.gov/airtoxics/aerosp/ctg.pdfPage 1

ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF: REASONABLY AVAILABLE CONTROL 

## ) Rll-23 TECHNOLOGIES (RACT) FOR VOLATILE 

## ) (Rulemaking ORGANIC MATERIAL EMISSIONS FROM 

## ) Air GROUP II AND GROUP IV CONSUMER 

## ) IgO AND COMMERCIAL PRODUCTS: PROPOSED AMENDMENTS TO 35 ILL. ADM. CODE 211, 218 AND 219

REPORT OF THE PROCEEDINOS held in the



### above entitled cause before Hearing Officer Tim



### Fox, called 

### by the Illinois Pollution Control

Board, 

### taken by Steven Brickey, CSR, for the State

of Illinois, 100 West Randolph 

### Street, Chicago,

Illinois, on the 18th 

### day of 

### May, 2011, commencing

at the hour 

### of 9:15 a.m.

L.A. COURT REPORTERS, LLC. (312) 419-9292Page 2


### AP PEARANCE S

MR. TIM FOX, Hearing Officer MR. ANAND RAO, MS. ANDREA MOORE

ILLINOI S ENVIRONMENTAL PROTECTION AGENCY 1021 North Grand Avenue East P.O. Box 19276 Springfield, Illinois 62794-9276 (217) 782-5544 BY: MS. DANA VETTERHOFFER MR. YOGINDER MAHAJAN



### ALSO PRESENT: MR. SCOTT TOWNSEND MS. LISA FREDE

REPORTED BY:

Steven J. Brickey, CSR CSR License No. 084-004675

L.A. COURT REPORTERS, LLC. (312) 419-9292BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF: 

### ) ) RIl-23 REASONABLY AVAILABLE CONTROL 

### ) (Rulemaking-Air) TECHNOLOGY (RACT) FOR VOLATILE 

### ) ORGANIC MATERIAL EMISSIONS FROM 

### ) GROUP II AND GROUP IV CONSUMER & 

### ) COMMERCIAL PRODUCTS: PROPOSED 

### ) AMENDMENTS TO 35 ILL. ADM. CODE 211, 

### ) 2l8,and2l9 

### )

NOTICE

To: John Therriault, Assistant Clerk Illinois Pollution Control Board James R. Thompson Center 100 West Randolph, Suite 11-500 Chicago, Illinois 60601-3218

SEE ATTACHED SERVICE LIST

PLEASE TAKE NOTICE that I have today filed with the Office of the Pollution Control Board the REQUEST TO CANCEL HEARING 

### and MOTION TO CORRECT TRANSCRIPT of the Illinois Environmental Protection Agency, a copy of which is herewith served upon you.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

By: Dana Vetterhoffer 

### // Assistant Counsel Division of Legal Counsel

DATED: May 19, 2011

1021 N. Grand Ave. East P.O. Box 19276 Springfield, IL 62794-9276 (217) 782-5544BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

fNTHE MATTER OF: 

### ) ) Rl1-23 REASONABLY AVAILABLE CONTROL 

### ) (Rulemaking-Air) TECHNOLOGY (RACT) FOR VOLATILE 

### ) ORGANIC MATERIAL EMISSIONS FROM 

### ) GROUP II AND GROUP IV CONSUMER & 

### ) COMMERCIAL PRODUCTS: PROPOSED 

### ) AMENDMENTS TO 35 ILL. ADM. CODE 211, 

### ) 218,and2l9 

### )
REQUEST TO CANCEL HEARING

The Illinois EPA, by its attorney, requests that the Illinois Pollution Control Board cancel

the hearing currently scheduled to take place on June 1, 2011, in this matter. The Illinois EPA

does not wish to introduce additional materials at such hearing, and believes that outstanding

issues can be resolved through post-hearing comments.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

By: (2 Dana Vetterhoffer1 Assistant Counsel Division of Legal Counsel

DATED: May 19,2011 1021 N. Grand Ave. East P.O. Box 19276 Springfield, IL 62794-9276 (217) 782-5544

1BEFORE TUE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF: 

### ) ) R1l-23 REASONABLY AVAILABLE CONTROL 

### ) (Rulemaking-Air) TECHNOLOGY (RACT) FOR VOLATILE 

### ) ORGANIC MATERiAL EMISSIONS FROM 

### ) GROUP II AND GROUP IV CONSUMER & 

### ) COMMERCIAL PRODUCTS: PROPOSED 

### ) AMENDMENTS TO 35 ILL. ADM. CODE 211, 

### ) 218,and2l9 

### )

MOTION TO CORRECT TRANSCRIPT

The Illinois EPA, by its attorney, and pursuant to 35 Ill, Adm. Code 

### § 101.500, moves the

Board to correct errors in the transcript from the May 18, 2011, hearing in this matter as follows:

1. Page 19, Line 22: The transcript should read, “Mr. 

### Townsend, you have haven-t

had a chance to review the Agency’s post hearing comments, but the ACA Ageney-doesn’t have

a formal position on them?”

2. Page 21, Lines 16-18: The transcript should read, “talk with them about the

submittal or for the Agency or for the ACA to act on that with the filing ethe Board.”

3. Page 22, Lines 23-24: Where the transcript indicates that Mr. Townsend said
“Yes,” Tim Fox asked if Yoginder Mahajan of the Illinois EPA should be sworn in to answer a question posed by Anand Rao. Also, the following statement, on line 24, was not spoken by Mr.
Rao, but rather Dana Vetterhoffer of the Illinois EPA.

4. Page 23, Line 2: “group two” should read “Group II”.

1Respectfully submitted,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

tz24y Dana Vetterhofff Assistant Counsel Division of Legal Counsel

DATED: May 19, 2011 1021 N. Grand Ave. East P.O. Box 19276 Springfield, IL 62794-9276 (2 17) 782-5544

2BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN 

### THE MATTER OF: 

### ) R11-23 REASONABLY AVAILABLE CONTROL 

### ) (Rulemaking-Air) TECHNOLOGY (RACT) FOR VOLATILE 

### ) ORGANIC MATERLAL EMISSIONS FROM 

### ) GROUP TI AND GROUP IV CONSUMER & 

### ) COMMERCIAL PRODUCTS: PROPOSED 

### ) AMENDMENTS TO 35 ILL. ADM. CODE 211, 

### ) 218, and 219 

### )

CERTIFiCATE OF SERVICE

I, the undersigned, an attorney, state that I have served electronically the attached REQUEST TO CANCEL HEARING and MOTION TO CORRECT TRANSCRIPT upon the following person:

John Therriault, Assistant Clerk Illinois Pollution Control Board James R. Thompson Center 100 West Randolph, Suite 11-500 Chicago, Illinois 60601-3218



### and electronically to the following persons:

SEE ATTACHED SERVICE LIST.

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY



### /,;J7_:t2,4;2_. Dana Vetterhoffer 

# 7 Assistant Counsel Division of Legal Counsel

DATED: May 19,2011

1021 N. Grand Ave. East P.O. Box 19276 Springfield, IL 62794-9276 (217) 782-5544

### Service 

### List R1i-23

Timothy J. Fox Hearing officer Illinois Pollution Control Board 100 W. Randolph St., Suite 1 1..500 Chicago, IL 6060 I foxt@ipcb.state.il.us
Virginia Yang Deputy Legal Counsel Illinois Department of Natural Resources One Natural Resources Way Springfield, 1L 62702-1271 ygiayang(2i,il1inois.gov

Matthew Dunn, Chief Division of Environmental Enforcement Office of the Attorney General 100 West Randolph St., Suite 1200 Chicago, IL 60601 mdunn(atg.state.i1.us

Alec M. Davis General Counsel Illinois Environmental Regulatory Group 215 F. Adams St. Springfield, IL 62701 adavisierg.org

James Sell American Coatings Association 1500 Rhode Island Avenue, NW Washington, DC 20005 

### i sellipaint.org

Katherine D. Hodge Monica T. Rios Hodge Dwyer & Driver 3150 Roland Ave. P.O. Box 5776 Springfield, IL 62705-5776 

### khodge@hddattorneys.com mrioshddattorneys. cornILLINOISPOLLUTIONCONTROLBOARDRECEIVEDMay20,2011CLERK’SOFFICEJNTHEMATTEROF:)MAY2O2OII)STATEOFILLINOISREASONABLYAVAILABLECONTROL)Ri1-23PolluttonControlBoaj’,jTECHNOLOGY(RACT)FORVOLATILE)(Rulemaking-Air)ORGANICMATERIALEMISSIONSFROM)GROUPIIANDGROUPIVCONSUMER&)COMMERCIALPRODUCTS:PROPOSED)AMENDMENTSTO35ILL.ADM.CODE)211,218,and2l9)HEARINGOFFICERORDERThesecondhearinginthis“fast-track”rulemakingproceedingtookplaceasscheduledonWednesday,May18,2011,inChicago,andtheBoardreceivedthetranscript(Tr.2)laterthatday.TheBoardpostedtheentiretranscripttotheClerk’sOfficeOn-Line(COOL),whichisaccessiblethroughtheBoard’sWebsite(www.ipcb.state.il.us).InanorderdatedMarch17,2011,thehearingofficerscheduledathirdhearingbeginningonWednesday,June1,2011,inChicagoandrequiredthepre-filingoftestimonyforthathearingonorbeforeFriday,May20,2011.SeePublicAct96-0308,eff.Aug.11,2009(P.A.96-0308)(re-enactingrepealedSection28.5andrequiringpre-filingatleast10daysbeforehearing).Section28.5(f)(3)oftheEnvironmentalProtectionAct(Act),providesthat[t]hethirdhearingshallbescheduledtocommencewithin14daysafterthefirstdayofthesecondhearingandshallbedevotedsolelytothe[IllinoisEnvironmentalProtection]Agencyresponsetothematerialsubmittedatthesecondhearingandtoanyresponsebyotherparties.ThethirdhearingshallbecancellediftheAgencyindicatestotheBoardthatitdoesnotintendtointroduceanyadditionalmaterial.P.A.96-0308(emphasisadded).Duringthesecondhearing,counselfortheAgencyindicatedthatitdidnotatthattimewishtoaddresstheissueofthethirdhearing.Tr.2at28.However,counselagreedthat,byFriday,May20,2011,theAgencywouldeitherpre-filetestimonyforthethirdhearingaccordingtotheoriginaldeadlineorfilearequesttocancelthehearing.Seeid.at29.OnThursday,May19,2011,theAgencyfiledarequest(Req.)“thattheIllinoisPollutionControlBoardcancelthehearingcurrentlyscheduledtotakeplaceonJune1,2011,inthismatter.”Req.at1.TheAgencystatedthatit“doesnotwishtointroduceadditionalmaterialsatsuchhearing,andbelievesthatoutstandingissuescanberesolvedthroughpost-hearingcomments.”Id.;seeP.A.96-0308(Section28.5(f)(3)).Accordingly,thethirdhearinginthisproceedingiscancelled.2AlsoonMay19,2011,theAgencyfiledamotiontoconectthetranscriptofthesecondhearing,whichtheBoardwilladdressinalaterorder.ISection28.5(k)oftheActprovidesthat,“[flollowingthehearings,theBoardmustclosetherecord14daysaftertheavailabilityofthetranscript.”P.A.96-0308.Withthecancellationofthethirdhearing,thehearingsinthisproceedingconcludedonWednesday,May18,2011,andtheBoardreceivedthetranscriptofthefinalhearinglaterthatday.Thestatutory14-daycommentperiodbeganWednesday,May18,2011,andwillcloseWednesday,June1,2011.The“mailboxrule”(35Ill.Adm.Code101.300(b)(2))doesnotapplytothefilingofthesepost-hearingcomments,andtheBoard’sClerkmustreceiveanyposthearingcommentsbeforethecloseofbusinessonWednesday,June1,2011.AlthoughcommentsmaybefiledelectronicallythroughCOOL,allelectronicorapprovedfaxfilingsmustbereceivedbytheClerk’sOfficenolaterthan4:30PMonJune1,2011.QuestionsaboutelectronicfilingshouldbedirectedtotheClerk’sOfficeat312-814-3629.ITISSOORDEREDTimothyJ.Fox,HearingOfficerIllinoisPollutionControlBoard100WestRandolphSt.,Suite11-500Chicago,Illinois60601312-814-6085312-814-3669(fax)foxt@ipcb.state.il.us