ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

July 25, 2006

RECEIVED

CLERK'S OFFICE

BP PRODUCTS NORTH AMERICA

)

JUL

Z

8 2006

)

 STATE OF ILLINOIS

 Petitioner,

 Pollution Control Board

V.

)

IEPA-06-007A-4

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 BP Products North America (`BP") 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 without the required vapor collection and control system

designed to control volatile organic material

 ("VOM") emissions. The request was

accepted for review pursuant to the requirements of the Illinois Environmental Protection

Act ("Act") and the applicable 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 the source has demonstrated that

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

.

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

Distribution) volatility standards. The Illinois EPA is granting relief to BP from the

applicable requirements of 35 Ill. Adm. Code Sections 219 .585(b) and

 (c) . Relief is

granted beginning July 25, 2006 until such time as the supply of gasoline and/or ethanol

blended gasoline is exhausted, or through August 4, 2006, whichever occurs first .

The Illinois EPA grants BP regulatory relief by this provisional variance subject to the

following conditions

:

By: Authorized Representative

Title

Date

1

.

 By September

15, 2006,

BP 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

.

 During the term of this provisional variance, while conducting terminal

storage tank operations operations, BP shall take all reasonable steps to

minimize VOM emissions

.

3

.

 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

.

Within

3

days from the date of this document, BP shall execute and submit to the Illinois

EPA a Certificate of Acceptance and Agreement accepting regulatory relief granted by

this provisional variance signed by a responsible person or official authorized by the

owner to represent the owner in all matters pertaining to this provisional variance as

follows :

Certification

I(We),	

,

 having read the Illinois EPA's

provisional variance, dated July

25, 2006,

own and/or operate a facility subject to the

requirements of

35 Ill .

Adm. Code Part

219,

Subpart Y. I(We) hereby accept and agree to

be bound by all terms and conditions of the provisional variance

.

Petitioner

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

Robert A. Messina

Chief Counsel

cc :

IPCB, Clerk