ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

July 25, 2006

ILLINOIS PETROLEUM MARKETERS

)

ASSOCIATION

)

Petitioner,

)

v .

)

IEPA-06-007A-3

ILLINOIS ENVIRONMENTAL PROTECTION

)

AGENCY,

)

(Provisional

Variance- Air)

Respondent

.

)

Re: Request for Provisional Variance - Gasoline Volatility Standards

On July 25, 2006, the Illinois EPA received from Illinois Petroleum Marketers

Association ("IPMA") on behalf of all emission sources subject to 35 111 . Adm. Code Part

219, Subpart Y, a request for provisional variance to allow the sale or offer for sale,

dispensing, supply or offer for supply or transport of gasoline and/or ethanol blend

gasoline in St. Clair, Madison, and Monroe counties, located in Illinois, exceeding the

applicable limitations for Reid vapor pressure . The Illinois EPA accepted this request for

review pursuant to the requirements of the Illinois Environmental Protection Act

 ("Act")

and the applicable Agency regulations

.

The Illinois EPA evaluated the request pursuant to the requirements of Sections 35, 36,

and 37 of the Act and the Agency regulations at 35 Ill . Adm. Code Part 180. The Illinois

EPA is granting the request for provisional variance as it has been demonstrated that an

arbitrary and unreasonable hardship will result in the event of a denial

.

IPMA seeks provisional variance from 35 Ill. Adm. Code Part 219 Subpart Y (Gasoline

Distribution) volatility standards

.

 The Illinois EPA is granting relief to petroleum

marketers located in St. Clair, Madison, and Monroe counties from the applicable

requirements of 35 Ill . Adm. Code Sections 219.585(b) and (c) . Relief is granted through

August 4, 2006 .

The Illinois EPA is granting the requested relief to all emissions sources subject to 35 Ill

.

Adm. Code Part 219, Subpart Y, located in St. Clair, Madison, and Monroe counties

subject to the following conditions :

RE

C

LE'S OFFICE

Relveo

JUL 2 8 2006

Po

u'r

on CO

nt

of Boa

a

1

.

 By September 15, 2006, petroleum marketers shall provide the Illinois

EPA a written report of the estimated total tons of VOM emitted during

gasoline and gasoline blend distribution operations conducted during the

term of the provisional variance with supporting calculations

.

2

.

 Each distributor shall document the Reid vapor pressure of all gasoline or

ethanol blend gasoline leaving the distribution operation for use in Illinois

.

Any operation receiving this gasoline or ethanol blend gasoline shall be

 provided with a copy of an invoice, bill of lading, or other documentation

used in normal business practice stating the Reid vapor pressure of the

gasoline or ethanol blend gasoline

.

A facility accepting this provisional variance must, within 7 days from the date of this

document, submit to the Illinois EPA a certification signed by the facility's owner or

operator accepting regulatory relief granted by this provisional variance as follows

:

Certifcation

I(We),	

,

 have

 read

the

 Illinois

 EPA's

provisional variance, dated July 25, 2006, and I(we) are a facility subject to the

requirements of 35 111. Adm. Code Part 219, Subpart Y. I(We) hereby accept and agree to

be bound by all terms and conditions of the provisional variance .

The certification shall be hand delivered or mailed by certified mail to :

Julie K. Armitage, Acting Manager

Compliance and Enforcement Section

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

Sincerely,

41-

9

Robert A. Messina

Chief Legal Counsel

cc :

IPCB, Clerk