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 West Jackson Boulevard

Chicago,1llinois 60604-3507

Re: Control Techniqile Guidelines SIP Submittal and NOx RACT Waiver Request

Dear Dr. Hedman:

The Illinois Environmental Protection Agency (Illinois EPA), on behalf ofthe State ofIllinois,

hereby submits the enclosed three amendments to Illinois' State Implementation Plan (SIP) for

ozone pursuant to Sections I72(c)(l) and I 82(b)(2) ofthe Clean Air 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 meet the obligations ofthe State ofIllinois under the CAA to submit

a revision to the SIP to address requirements under Sections 172 and 182 for sources of volatile

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 of emissions. Section I 82(b)(2) ofthe CAA provides that, for ozone nonattainment

areas, the State must revise its SIP to include RACT for sources of VOM emissions covered by a

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

attainment. U.S_ EPA issued final CTGs for Group II Consumer and Commercial Product

Categories on October 5, 2006, final CTGs for Group 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 of land - Peoria. 7620 N. University St., Peolia, II. 61614 • (J09) 693-5462

Collinsville. -2009 Mall Street, Collinsville, IL 62234 • (b 18) 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 Paper
On July 9, 2009, the Illinois EPA filed a regulatory proposal for the Group II CTG categories

with the Office ofthe Clerk ofthe Pollution Control Board (Board). The Board docketed this

proposed rulemaking as PCB RIO-8 and issued a Notice of Hearings 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 of Adopted Amendments was published

in the Illinois Register on 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.

For the Group III CTG categories, the Illinois EPA filed a regulatory proposal with the Board on

October 23, 2009. The Board docketed this proposed rulemaking as PCB RIO-IO and issued a

Notice of Hearings 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 Order on March 18,2010 and

the Notice ofAdopted Amendments was published in the Illinois Register on 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, 20 IO. The Board docketed

this proposed rulemaking as PCB RIO-20 and issued a Notice of Hearings on March 18, 20 IO.

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, 20 IO. 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 your review 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

of nitrogen 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 exempt major stationary sources ofNOx (as defined in Section 302 and

Subsections 182(c), (d), and (e) ofthe CAA) from the RACT requirements of Section I 82(b)(2).

Section 182(1)(1)(A) provides for a waiver ofthe NOx RACT requirement if "additional

reductions of oxides of nitrogen would not contribute to attainment ofthe national ambient air

quality standard for ozone in the area... ". As quality assured monitoring data for 2006 through

2008 (and 2007 through 2009) demonstrate that the Chicago area has 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.

2
Although the Illinois EPA is requesting a waiver from the NOx RACT requirement for the 1997

8-hour ozone standard, Illinois has already submitted final rules to U.S. EPA that meet or 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 for NOx 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 20 IO.

The Illinois EPA believes that this submittal, in conjunction with other submittals made

previously to the U.S. EPA (e.g., emissions inventories, attainment plans, 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-hour ozone standard.

Iffurther information is required or should you have any questions, please feel free to contact

Laurel L. Kroack, Chief ofthe Bureau of Air, at (217)785-4140.

rs,

V--XVflVJ~

Attachments

cc: Cheryl L. Newton, U.S. EPA Region 5

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Illinois State Implementation Plan

Group II, Group III, and Group IV

Control Technique Guidelines

List of Enclosed Documents

A. Group II

AI. Illinois EPA regulatory proposal, July 9, 2009 (certain documents omitted)

A2. Letter from Acting Chairman Girard to Director Ribley 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 regulatory proposal for

hearing, granting the Illinois EPA's request for waiver of copy requirements, and denying the

Illinois EPA's Motion for Expedited Review, August 6, 2009

A4. Hearing Officer Order, Notice of Hearings, 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 of Hearing, October 27,2009 (full transcript omitted)

A8. Hearing Officer Order, October 28, 2009

A9. Illinois EPA's Second Motion to Amend Rulemaking Proposal, December 7, 2009

A IO. Record of Hearing, December 8, 2009 (full transcript omitted)

AII. Hearing Officer Order, December 9, 2009

A12. Post-Hearing Comment of Mostardi Platt Environmental, December 28, 2009

A13. Order ofthe Board by A.S. Moore, adopting the rulemaking proposal and ordering the

clerk to file the proposal for first notice publication in the Illinois Register, January 7,2010 (full

text ofrule omitted)

A14. Comments ofMostardi Platt Environmental, January 19,2010

4
A15. fllinois Register Notice of Proposed Amendments (full text ofrule omitted), 34 Ill. Reg.

1766, February 5, 2010

A16. First Notice 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, 20 I0 (full text ofrule omitted)

A20. Letter from Vicki Thomas ofthe Joint Committee on Administrative Rules ("JCAR") to

Acting Chairman Girard, accepting rulemaking for second notice, May 18, 20 I0

A21. Comments ofthe Flexible Packaging Association, June 4,2010

A22. Letter from Illinois EPA to Vicki Thomas ofJCAR regarding response to Flexible

Packaging Association's comments, June 10,2010

A23. Letter from JCAR to Acting Chairman Girard and Certification ofNo Objection to

Rulemaking Proposal, June 15,2010

A24. Final Order ofthe Board by A.S. Moore, adopting the rule and ordering the clerk to file

final rule for publication in fllinois Register, June 17,2010 (full text ofrule omitted)

A25. Notice of Publication of Adopted Rules, July 9, 2010

A26. fllinois Register Notice ofAdopted Amendments, 34 Ill. Reg. 9069, July 9, 20 I0

B. Group III

Bl. Illinois EPA regulatory proposal, October 23, 2009 (certain documents omitted)

B2. Order of the Board by A.S. Moore, accepting the Illinois EPA's regulatory proposal for

hearing, granting the Illinois EPA's request for waiver of copy requirements, and ordering the

clerk to file the proposal for first notice publication in the Illinois Register, November 5, 2009

(full text ofrule omitted)

B3. Board Hearing Officer Order, Notice of Hearings, November 5, 2009

B4. Letter from 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. Letter from Vicki Thomas ofJCAR to Acting Chairman Girard regarding request for

analysis of effects ofrulemaking on units oflocal government, school districts, or community

college districts, November 19, 2009.

B7. Prefiled Testimony ofYoginder Mahajan ofthe Illinois EPA, November 24, 2009

B8. Record of Hearing, December 9, 2009 (full transcript omitted)

B9. Illinois EPA's Motion to Amend Rulemaking Proposal, December 28,2009

BIO. Record of Hearing, January 6, 2010 (full transcript omitted)

BII. Hearing Officer Order, January II, 20 I0

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. Letter from Vicki Thomas ofJCAR to 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 Order ofthe Board by A.S. Moore, adopting the rule and ordering the clerk to file

final rule for publication in Illinois Register, March 18, 20 I0 (full text ofrule omitted)

B16. Notice of Publication ofAdopted Rules, April 8, 2010

BI7. Illinois Register Notice of Adopted 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 of Hearings, March 18,2010

C4. Order ofthe Board by A.S. Moore, accepting the Illinois EPA's regulatory proposal for

hearing, granting the Il1inois EPA's request for waiver of copy requirements, and ordering the

6
clerk to file the proposal for first notice publication in the Illinois Register, March 18, 2010 (fuJI

text ofrule omitted)

C5. Illinois Register Notice of Proposed Amendments, 34 Ill. Reg. 4281, April 2, 20 I0 (fuJI text

ofrule omitted)

C6. Letter from Vicki Thomas ofJCAR to Acting Chairman Girard regarding request for

analysis of economic and budgetary effects ofrulemaking, March 31, 20 I0

C7. Letter from Director Ribley ofthe DCEO declining request to undertake economic impact

study, April 7, 2010

C8. Prefiled Testimony ofRory Davis ofthe Illinois EPA, April 15, 2010

C9. Record of Hearing, 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 of Olin 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 of David Halcomb, Exhibit No.3 at May 19,2010 hearing

C17. Testimony ofRayvac Plastic Decorators, Inc., Exhibit No.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 of Olin 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

7
C24. Post-Hearing Comments of Electro-Motive Diesel, June 4, 2010

C25. Order ofthe Board by 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