## ILLINOIS ENVIRONMENTAL PROTECTION AGENCY 1021 North Grand Avenue East, P.O. Box 19276, Springfield, IIlinnis 62794-9276. (217) 782-2829 .James R. Thompson Center, 100 West Randolph, Suite 11-300, Chicago, IL 60601 • (312) 8' 4-6026 PAT QUINN, GOVERNOR DOUGLAS P. SCOTT, D,RECTOR 2171782-7326 2171782-9143 (TDD) July 29, 2010

Dr. Susan Hedman, Regional Administrator Office ofthe Regional Administrator, R-19J 

### U. S. Environmental Protection Agency, Region 5 77 WestJackson Boulevard Chicago,1llinois 60604-3507 Re: Control Techniqile Guidelines SIP Submittal andNOx RACT Waiver Request DearDr. Hedman: The Illinois Environmental Protection Agency (Illinois EPA), on behalfofthe State ofIllinois, hereby submits the enclosed three amendments to Illinois' State Implementation Plan (SIP) for ozone pursuantto Sections I72(c)(l) and I82(b)(2) ofthe CleanAir Act (CAA) (42 U.S.C. §§ 7502 and 7511a) and Sections 4,10,27, and 28 ofthe Illinois Environmental Protection Act (415 ILCS 5/4, 10,27, and 28): I. Group II Consumer and Commercial Product Categories: Industrial Cleaning Solvents, Flat Wood Paneling Coatings, Flexible Packaging Printing Materials, Lithographic Printing Materials, and Letterpress Printing Materials. 2. Group III Consumer and COlnmercial Product Categories: Paper, Film, and Foil Coatings, Metal Furniture Coatings, and Large Appliance Coatings_ 3. Group IV Consumer and Commercial Product Categories: Miscellaneous Metal and Plastic Parts Coatings, Auto and Light-Duty Truck Coatings, Miscellaneous Industrial Adhesives, and Fiberglass Boat Manufacturing Materials. These rules are intended to meetthe obligations ofthe State ofIllinois under the CAA to submit a revision to the SIP to address requirements under Sections 172 and 182 for sources ofvolatile organic materials (VOM) emissions in areas designated as nonattainment with respect to the ozone National Ambient Air Quality Standard (NAAQS). Section 172(c)(I) ofthe CAA provides that states must include in their SIPs for nonattainment areas "reasonably available control measures" (RACM), including "reasonably available control technology" (RACT), for sources ofemissions. Section I82(b)(2) ofthe CAAprovides that, for ozone nonattainment areas, the State mustrevise its SIP to include RACT for sources ofVOM emissions coveredby a control techniques guideline (CTG) issued between November 15, 1990, and the date of attainment. U.S_ EPA issued final CTGs for Group II Consumerand Commercial Product Categories on October 5, 2006, final CTGs forGroup III categories on October 9, 2007, and final CTGs for Group IV categories on October 7, 2008.

Rockford. 4302 N. Main St., Rockford, II. 61103. (1'\15) 9R7-77oD Elgin. 595 S. Stille, Elgin, IL 60123. (fl47) 608-3131 Bureau ofland

- Peoria. 7620 N. University St., Peolia, II. 61614 • (J09) 693-5462 Collinsville. -2009 Mall Street, Collinsville, IL 62234 • (b18) 346·5120 Des Plaines. 9511 W.**Hilrri~nn** $1" Des**P1ain~,** II. 60016. (B47) 294-4000 Peoria. 5415 N. University St., Peoria, II. 61614. (JOg) 693-5463 Champaign. 2125 S.**~irsl** 51., Champaigll, JL 61820. (217) 278·5800 Marion. 2309 W. Main St., Suite 116, Marion, Il62959. (618) 993-7200 Printed lln Rcq·dcd PaperOn July 9, 2009, the Illinois EPA filed aregulatory proposal for the Group II CTG categories withthe Office ofthe Clerk ofthe Pollution Control Board (Board). The Board docketed this proposed rulemaking as PCB RIO-8 and issued a Notice ofHearings on August 12, 2009. Public hearings were held on October 27, 2009 and December 8, 2009. The Board adopted the rule and issued its Final Order on June 17,2010 and the Notice ofAdopted Amendments was published in the Illinois Registeron July 9, 2010. The complete docket for the rulemaking is available on the Board's website at http://www.ipcb.state.il.us/COOL/Extemal/CaseView.aspx?case=13733. Forthe Group III CTG categories, the Illinois EPA filed aregulatory proposal withthe Board on October 23, 2009. The Board docketed this proposed rulemaking as PCB RIO-IO and issued a Notice ofHearings on November 5, 2009. Public hearings were held on December 9, 2009 and January 6, 2010. The Board adopted the rule and issued its Final Orderon March 18,2010 and the Notice ofAdopted Amendments was published in the Illinois Registeron April 9, 2010. The complete docket for the rulemaking is available on the Board's website at http://www.ipcb.state.il.us/COOL/extemai/CaseView.aspx?referer=results&case=13766. Illinois' rulemaking process has almost been completed for the Group IV CTG categories and the Illinois EPA requests parallel processing while the rule is being reviewed by the Joint Committee on Administrative Rules (JCAR), and published as an adopted rule in the Illinois Register. The l1linois EPA filed a regulatory proposal with the Board on March 8, 20IO. The Board docketed this proposed rulemaking as PCB RIO-20 and issued aNotice ofHearings on March 18, 20IO. Public hearings were held on April 28 and May 19,2010. The Board adopted the rule for second notice review by JCAR on July 15, 20IO. The rulemaking documentation is being submitted here with this request for parallel processing. When the proposal is printed as an adopted rule in the Illinois Register, this SIP submittal will be supplemented with an addendum that includes the final rule as published. The complete docket for the rulemaking is available on the Board's website at http://www.ipcb.state.il.us/COOL/External/CaseView.aspx?case=13839. In order to assist with yourreview ofthis SIP SUbmittal, two paper copies and an electronic disk ofthe rulemaking documentation for the three rules are enclosed. A list ofthe enclosed documents is also attached. The l1linois EPA also requests a waiver from the RACT requirement for major stationary sources ofnitrogen oxides (NOx) in both the Chicago and Metro-East ozone nonattainment areas, as provided under Section 182(1) ofthe CAA for the 1997 8-hour ozone standard. Specifically, this request seeks to exemptmajor stationary sources ofNOx (as defined in Section 302 and Subsections 182(c), (d), and (e) ofthe CAA) from the RACT requirements ofSection I82(b)(2). Section 182(1)(1)(A) provides for a waiver ofthe NOx RACT requirement if "additional reductions ofoxides ofnitrogen would not contribute to attainment ofthe national ambient air quality standard for ozone inthe area...". As quality assured monitoring data for 2006 through 2008 (and 2007 through 2009) demonstrate that the Chicago areahas attained the 1997 8-hour ozone standard, and monitoring data for 2007 through 2009 demonstrate that the S1. Louis area, including the Metro-East area in l1linois has also attained the 1997 8-hour ozone standard, additional NOx emission reductions would not contribute to attainment ofthe 1997 8-hour ozone NAAQS in the two l1linois nonattainment areas. Thus, these areas are therefore eligible for a waiver ofthe RACT requirement under Section 182(1) for the 1997 8-hour ozone standard.

2Although the Illinois EPA is requesting a waiver from the NOx RACT requirement for the 1997 8-hourozone standard, Illinois has already submitted final rules to U.S. EPA thatmeetor exceed NOx RACT control levels for major stationary sources in both the Chicago and Metro-East ozone nonattainment areas. On September 1,2009, the Illinois EPA submitted to the U.S. EPA adopted rules forNOx emissions from stationary reciprocating internal combustion engines and turbines. On September 2,2009, and supplemented on October 8, 2009, the Illinois EPA submitted to the U.S. EPA adopted rules for NOx emissions from various source categories, including industrial and utility boilers, process heaters, cement kilns, lime kilns, glass melting furnaces, aluminum melting furnaces, and reheat, annealing, and galvanizing furnaces at iron and steel plants. The Illinois EPA requests that U.S. EPA approve these rules as amendments to Illinois' SIP and intends that these rules will meet Illinois' NOx RACT requirements for the revised ozone standard expected to be promulgated in August 20I

### O. The Illinois EPA believes thatthis submittal, in conjunction with other submittals made previously to the U.S. EPA (e.g., emissions inventories, attainmentplans, rate ofprogress plans, RACT requirements, maintenance plans, and transportation conformity budgets), will allow the U.S. EPA to expeditiously take the necessary actions to redesignate both the Chicago and MetroEast areas to attainment for the 1997 8-hourozone standard. Iffurther information is required or should youhave any questions, please feel free to contact Laurel 

### L. Kroack, Chiefofthe Bureau ofAir, at (217)785-4140. rs,

# V--XVflVJ~

Attachments

cc: Cheryl 

### L. Newton, U.S. EPA Region 5

3Illinois State Implementation Plan Group II, Group III, and Group IV Control Technique Guidelines

List ofEnclosed Documents

A. Group II AI. Illinois EPA regulatory proposal, July 9, 2009 (certain documents omitted) A2. Letterfrom Acting Chairman Girard to DirectorRibley ofthe Department ofCommerce and Economic Opportunity ("DCEO") regarding request for economic impact study, August 6, 2009 A3. Order ofthe Board by A.S. Moore, accepting the Illinois EPA's regulatoryproposal for hearing, granting the Illinois EPA's request for waiver ofcopy requirements, and denying the Illinois EPA's Motion for Expedited Review, August 6, 2009 A4. Hearing Officer Order, Notice ofHearings, August 12,2009 AS. Prefiled Testimony ofDavid Bloomberg ofIllinois EPA and Illinois EPA's Motion to Amend Rulemaking Proposal, September 14, 2009 A6. Order ofthe Board by A.S. Moore, granting the Illinois EPA's Motion to Amend Rulemaking Proposal, October 15,2009 A7. Record ofHearing, October 27,2009 (full transcript omitted) A8. Hearing Officer Order, October28, 2009 A9. Illinois EPA's Second Motion to Amend Rulemaking Proposal, December 7, 2009 A I

### O. Record ofHearing, December 8, 2009 (full transcript omitted) A

### II. Hearing Officer Order, December 9, 2009 A12. Post-Hearing Comment ofMostardi PlattEnvironmental, December 28, 2009 A13. Order ofthe Board by A.S. Moore, adopting the rulemaking proposal and orderingthe clerkto file the proposal for first notice publicationin the Illinois Register, January 7,2010 (full text ofrule omitted) A14. Comments ofMostardi PlattEnvironmental, January 19,2010



### 4

### A15. fllinois Register

### Notice ofProposed Amendments (full text ofrule omitted), 34 

### Ill. Reg. 1766, February 5, 2010 A16. FirstNotice Comments ofthe Illinois Environmental Protection Agency, February 17, 2010 A17. Comments ofMostardi Platt Environmental, April 9, 2010 A18. Comments ofthe Illinois Environmental Protection Agency, April 26, 2010 A19. Order ofthe Board by A.S. Moore, adopting the rule for second notice review by JCAR, May 6, 20I0 (full text ofrule omitted) A20. Letterfrom Vicki Thomas ofthe Joint Committee on Administrative Rules ("JCAR") to Acting Chairman Girard, accepting rulemaking for second notice, May 18, 20I0 A21. Comments ofthe Flexible Packaging Association, June 4,2010 

### A22. Letterfrom Illinois EPAto Vicki Thomas ofJCAR regarding response to Flexible Packaging Association's comments, June 10,2010 A23. Letter from JCARto Acting Chairman Girard and Certification ofNo Objectionto Rulemaking Proposal, June 15,2010 A24. Final Orderofthe Board by A.S. Moore, adopting the rule and ordering the clerk to file final rule for publication infllinois Register, 

### June 17,2010 (full text ofrule omitted) A25. Notice ofPublication ofAdopted Rules, July 9, 2010 A26. fllinois Register

### Notice ofAdopted Amendments, 34 

### Ill. Reg. 9069, July 9, 20I0

B. Group III Bl. Illinois EPA regulatory proposal, October 23, 2009 (certain documents omitted) B2. Order ofthe Board by A.S. Moore, accepting the Illinois EPA's regulatory proposal for hearing, granting the Illinois EPA's request for waiver ofcopy requirements, and ordering the clerkto file the proposal for first notice publication in the Illinois Register, 

### November 5, 2009 (full text ofrule omitted) B3. BoardHearing Officer Order, Notice ofHearings, November 5, 2009 B4. Letterfrom Acting Chairman Girard to Director Ribley ofthe DCEO regarding request for economic impact study, November 5, 2009



### 5

### B5. Illinois Register

### Notice ofProposed Amendments, 33 Ill. Reg. 16399, November 20, 2009 (full text ofrule omitted) B6. Letterfrom Vicki Thomas ofJCAR to Acting Chairman Girard regarding request for analysis ofeffects ofrulemaking on units oflocal government, school districts, orcommunity college districts, November 19, 2009. B7. Prefiled Testimony ofYoginder Mahajan ofthe Illinois EPA, November 24, 2009 B8. Record ofHearing, December 9, 2009 (full transcript omitted) B9. Illinois EPA's Motion to Amend Rulemaking Proposal, December28,2009 BIO. Record ofHearing, January 6, 2010 (full transcript omitted) BII. Hearing Officer Order, January II, 20I0 B12. Order ofthe Board by A.S. Moore, adopting the rule for second notice review by JCAR, February 4, 2010 (full text ofrule omitted) B13. Letterfrom Vicki Thomas ofJCARto Acting Chairman Girard, accepting rulemaking for second notice, February 10,2010 B14. Letter from JCAR to Acting Chairman Girard and Certification ofNo Objection (0 

### Rulemaking Proposal, March 11, 2010 B15. Final Orderofthe Board by A.S. Moore, adopting the rule and ordering the clerkto file final rule for publication in Illinois Register, 

### March 18, 20I0 (full text ofrule omitted) B16. Notice ofPublication ofAdopted Rules, April 8, 2010 BI7. Illinois Register

### Notice ofAdopted Amendments, 34 Ill. Reg. 5330, April 9,2010



### C. Group IV 

### CI. Illinois EPA regulatory proposal, March 8, 2010 (certain documents omitted) C2. Letter from Acting Chairman Girard (0 

### Director Ribley ofthe DCEO regarding request for economic impact study, March 18,2010 C3. Board Hearing Officer Order, Notice ofHearings, March 18,2010 C4. Orderofthe Board by A.S. Moore, accepting the Illinois EPA's regulatory proposal for hearing, granting the Il1inois EPA's request for waiver ofcopy requirements, and ordering the



### 6clerkto file the proposal for first notice publication inthe Illinois Register, March 18, 2010 (fuJI text ofrule omitted) C5. Illinois RegisterNotice ofProposed Amendments, 34 

### Ill. Reg. 4281, April 2, 20I0 (fuJI text ofrule omitted) C6. Letter from Vicki Thomas ofJCARto Acting Chairman Girard regarding request for analysis ofeconomic and budgetary effects ofrulemaking, March 31, 20I0 C7. Letter from Director Ribley ofthe DCEO declining requestto undertake economic impact study, April 7, 2010 C8. Prefiled Testimony ofRory Davis ofthe Illinois EPA, April 15, 2010 C9. Record ofHearing, April 28, 2010 (full transcript omitted) ClO. Illinois EPA's Request for Hearing, May 4, 2010 Cll. American Coatings Association's Request for Hearing, May 5, 2010 C12. Prefiled Testimony ofthe American Coatings Association, May 7, 2010 C13. Prefiled Testimony ofOlin Corporation, May 7, 2010 C14. Post-Hearing Comments ofthe Illinois EPA and Motion to Amend Rulemaking Proposal, May 17,2010 C15. Record ofHearing, May 19,2010 (fuJI transcript omitted) C16. Testimony ofDavid Halcomb, ExhibitNo.3 at May 19,2010 hearing C17. Testimony ofRayvac Plastic Decorators, Inc., ExhibitNo.4 at May 19,2010 hearing C18. Hearing Officer Order, May 24, 2010 C19. S&C Electric Company's Response to Illinois EPA's Motion to Amend Rulemaking Proposal, June 1,2010 C20. Post-Hearing Comments ofOlin Corporation, June 3, 2010 C2l. Post-Hearing Comments ofthe Illinois EPA, June 4, 2010 

# cn. Post-Hearing Comments ofthe American Coatings Association, June 4, 2010 C23. Post-Hearing Comments ofthe Illinois Environmental Regulatory Group, June 4, 2010

7C24. Post-Hearing Comments ofElectro-Motive Diesel, June 4, 2010 C25. Order ofthe Boardby A.S. Moore, adopting the rule for second notice review by JCAR, July 15,2010 (including full text ofsecond notice version ofthe rule) C26. Letter from Vicki Thomas ofJCAR to Acting Chaimlan Girard, accepting rulemaking for second notice, July 20, 2010

8