ILLINOIS POLLUTION CONTROL BOARD
    June 4, 1992
    IN THE
    MATTER OF:
    )
    )
    STAGE II GASOLINE VAPOR RECOVERY
    )
    R91-30
    RULES: AMENDMENTS TO 35
    ILL. ADN.
    )
    (Rulemaking)
    CODE PARTS 215,
    218,
    AND
    219.
    )
    Proposed Rule.
    Second Notice.
    OPINION
    AND
    ORDER OF THE BOARD
    (by R.C. Flemal):
    On January 22,
    1992, the Illinois Environmental Protection
    Agency
    (Agency)
    filed this proposal for rulemaking.
    The proposal
    is intended to regulate the installation and operation of systems
    for recovery of gasoline vapor emissions from the fueling of
    motor vehicles.
    The changes are to be accomplished through
    amendments to the Board’s reasonably available control technology
    (RACT) regulations found at 35
    Ill. Adm. Code 215,
    218, and
    219~. Pursuant to Section 182(b) (3)
    of the Clean Air Act,
    as
    amended in 1990, Illinois is to submit these regulations for the
    recovery of gasoline vapors as a revision to its state
    implementation plan
    (SIP)
    by November 15,
    1992.
    Also in this docket, the Board is proposing non-substantive
    changes to Section 215.123
    involving the form of the
    incorporation by reference.
    Although not part of the Agency’s
    proposal, the Board believes this docket serves as a means to
    make that section conform to current requirements.
    Today the Board adopts the proposal for second notice as
    n~odifiedand after consideration of the testimony, exhibits, and
    comments received,
    as discussed below.
    PROCEDURAL HISTORY
    In anticipation of the need to promulgate regulations
    required under Title
    I of the Federal Clean Air Act Amendments of
    1990,
    Public Law 101-549
    (CAAA),
    the Board on October 24,
    1991
    1
    The Chicago area RACT regulations are found at Part 218, and
    the Metro-East area PACT regulations occur at Part 219,
    and Part
    215 contains PACT regulations applicable to areas other than the
    Chicago and Metro—East nonattainment areas.
    134—177

    2
    opened this and several related dockets2.
    The expressed purpose
    of opening these dockets as early as October 1991 was to:
    1)
    Facilitate notification of the pending rulemakings;
    2)
    Solicit views of interested persons on the
    timing of the various rulemaking proceedings;
    3)
    Ensure, to the maximum extent possible, that
    the rulemakings would be completed in a
    timely fashion.
    Action in several of these dockets has now been completed;
    several others are currently active, and in several other dockets
    proposals have yet to be filed with the Board.
    In the immediate
    docket the Agency filed its proposal for rulemaking on January
    22,
    1992.
    The Board accepted the proposal
    for hearing on February
    6,
    1992.
    By the same order the Board accepted the Agency’s
    certification that this rulemaking is federally required pursuant
    to Section 28.2 of the Environmental Protection Act
    (Act)
    (Ill.Rev.Stat.
    1991,
    ch.
    111½,
    par. 1028.2),
    as amended by P.A.
    86—1409.
    On February 27,
    1992, the Board sent the proposal to first
    notice, pursuant to Section 5.01 of the Illinois Administrative
    Procedure Act.
    First notice publication occurred on March 20,
    1992 at 16
    Ill. Reg.
    4170,
    4184, and 4200
    (for Parts 215,
    218,
    and 219, respectively).
    The Board took no substantive position
    on the merits of the proposal as part of the first notice
    adoption order, and made only minor nonsubstantive changes to the
    rules as proposed by the Agency,
    in order to conform to
    Administrative Code Unit requirements.
    Hearings were held on
    March 30,
    1992,
    in Chicago, and on April
    2,
    1992 in Collinsville.
    FEDERAL AND STATE LAWS
    The
    CAAA
    require that owners or operators of gasoline
    dispensing facilities located in nonattainment areas for ozone
    designated as moderate or above
    (i.e.,
    serious,
    severe,
    or
    extreme)
    install and operate gasoline vehicle refueling vapor
    2
    Covered in this package are regulations directed to facets
    of
    PACT,
    Stage
    II
    vapor
    recovery,
    employee trip reduction,
    SO2
    emissions,
    and PM—b
    control,
    as
    found
    in
    Board
    dockets
    R91-27
    through P91-37.
    134—178

    3
    recovery systems (Stage II systems3).
    The Chicago nonattainment
    area has been designated by the United States Environmental
    Protection Agency
    (USEPA)
    as “severe”, and the Metro—East
    nonattainment area has been designated by USEPA as “moderate”.
    The
    CAAA
    require in pertinent part:
    (3)
    GASOLINE VAPOR RECOVERY
    (A)
    GENERAL RULE
    Not later than 2 years after November 15,
    1990, the State shall submit a revision to
    the applicable implementation plan to require
    all owners or operators of gasoline
    dispensing systems to install and operate, by
    the date prescribed under subparagraph
    (B),
    a
    system for gasoline vapor recovery of
    emissions from the fueling of motor vehicles.
    *
    *
    *
    (42 USC 7511a(b)(3)).
    To enable the State of Illinois to comply with these
    requirements,
    the state legislature amended Section 10 of the
    Act, mandating the Board to adopt gasoline vapor recovery
    regulations4:
    The Board shall adopt regulations requiring
    the owner or operator of a gasoline
    dispensing system that dispenses more than
    10,000 gallons of gasoline per month to
    install and operate
    a system for the recovery
    of gasoline vapor emissions arising from the
    fueling of motor vehicles that meets the
    requirements of Section 182 of the federal
    Clean Air Act
    (42 USC 751ba).
    These
    regulations shall apply only in areas of the
    State that are classified as moderate,
    serious, severe or extreme nonattainment
    areas for ozone pursuant to Section 181 of
    the federal Clean Air Act
    (42 USC 7511), but
    shall not apply to areas classified as
    moderate nonattainment areas for ozone if the
    Administrator of USEPAJ
    promulgates
    standards for vehicle—based (onboard) sy.st~ms
    for the control of vehicle refueling
    emissions pursuant to Section 202(a) (6)
    of
    ~ Stage II systems capture and collect vapors released during
    gasoline fueling, preventing the vapors’ release to the atmosphere.
    The Act at Section 10 had previously contained a prohibition
    against Board adoption of regulations requiring Stage II systems in
    Illinois.
    That
    prohibition
    remained
    in
    effect
    until
    the
    legislature’s action in response to the
    CAAA
    noted here.
    134—179

    4
    the federal Clean Air Act
    (42 USC 7521(a) (6)
    by November 15, l992f~).
    (Ill. Rev.
    Stat.
    1989,
    ch.
    111½, par.
    1010)
    The proposed amendments would apply to gasoline dispensing
    facilities located in the Chicago nonattainment area counties of
    Cook,
    DuPage, Kane, Lake, McHenry, and Will,
    as well as Oswego
    township in Kendall County and Aux Sable and Goose Lake Townships
    in Grundy County6 and the Metro—East nonattainment area,
    consisting of Madison, Monroe, and St. Clair counties.
    Applicability of the regulations is also reviewed in the
    discussion section of the opinion.
    PUBLIC HEARING AND COMMENTS
    In addition to testimony presented by the Agency, testimony
    was given by Ron L.
    Burke of the Chicago Lung Association in
    association with the American Lung Association and the Illinois
    Chapter of the Sierra Club (collectively, CLA),
    and Philip
    S.
    Bush of Amoco Oil Company (Amoco) and Daniel
    H. Moenter of
    Marathon Oil Company (Marathon),
    as introduced by David A. Sykuta
    of the Illinois Petroleum Council.
    The Board received 12 public comments during the 45-day
    first notice comment period.
    These are:
    1.
    United States Environmental Protection Agency
    (USEPA)
    submitted by Stephen Rothblatt, Chief, Regulation
    Development Branch
    2.
    The Department of Energy and Natural Resources (DENR)
    on the Appropriateness of an Economic Impact Study
    submitted by Stanley Yonkauski
    3.
    City of Chicago’s
    (Chicago)
    Comments on the Proposed
    Rules for Stage II Gasoline Vapor Recovery Rules
    ~USEPA has decided not to promulgate regulations for on-board
    gasoline vapor recovery at this time.
    (57 Fed.
    Reg.
    13220, April
    15, 1992.)
    Therefore, should USEPA later decide to promulgate such
    regulations,
    it appears that the regulations would not be in effect
    by November
    15,
    1992.
    6
    Oswego township in Kendall
    County and Aux Sable
    and Goose
    Lake townships in Grundy County are proposed to be added to the
    Chicago area nonattainment area in pending docket R91-28.
    Should
    the Board proceed to final adoption with these regulations, docket
    R9l-28
    would
    be adopted
    before
    or
    contemporaneously with
    this
    docket.
    134—180

    5
    submitted by Henry L. Henderson,
    Commissioner,
    Department of Environment, City of Chicago
    4.
    USEPA comments submitted by Stephen Rothblatt,
    Chief,
    Regulation Development Branch
    5.
    Connie Bradway, Administrative Code Division
    (Code
    Division)
    (Parts 215,
    218, and 219)
    6.
    Agency’s Comments submitted by Kathleen C. Bassi
    7.
    USEPA submitted by Stephen Rothblatt,
    Chief, Regulation
    Development Branch
    8.
    Ford Motor Company
    (Ford) Comments on Stage
    II Vapor
    Recovery submitted by John C.
    Baguzis
    9.
    Outboard Marine Corporation
    (OMC)
    submitted by Robert
    Evangelisti,
    P.E., Manager, Environmental Compliance
    10.
    The Bureau of Business Development
    (DCCA)
    11.
    Waukegan Port District
    (District)
    submitted by Mary S.
    Walker,
    Harbor Manager
    12.
    Mobil Corporation
    (Mobil) submitted by Robert S.
    Elvert, Environmental Regulatory Advisor
    The Board received
    2 additional comments after the close of
    the public comment period.
    These include comments of Larsen
    Marine Service (Larsen Marine),
    submitted by Jerry Larsen
    (P.C.#13)1
    and supplemental comments submitted by the Agency
    (P.C.#14)
    ‘.
    GENERAL ISSUES
    In this section, the Board presents discussion of general
    issues presented during the course of this proceeding.
    Thereafter a provision—by—provision description of the contents
    of the proposed rules is presented.
    Technical Aspects of Stage II Vapor Control
    Stage II vapor recovery systems are designed to control and
    capture hydrocarbon vapors during the fueling of vehicle tanks.
    Vehicle fuel emissions consist of gasoline vapors displaced from
    ~ The Agency’s supplemental comments
    are accompanied
    by
    a
    motion
    to
    accept
    the
    filing
    instanter.
    That motion
    is
    hereby
    granted.
    134—18
    1

    6
    the automobile tank by dispensed liquid gasoline as the tank is
    filled.
    The Stage II system captures vapors as they exit the
    vehicle’s fuel fillpipe, thereby preventing the vapors’ escape
    into the atmosphere.
    The captured vapors flow through a vapor
    passage in the fuel pump nozzle into a vapor hose and then
    through a plumbing system to the underground storage tank.
    The
    gasoline withdrawn from the storage tank creates a void in the
    storage tank which is filled by the collected vapors.
    The
    recovered vapors further prevent the evaporation of liquid
    gasoline in the underground storage tank.
    (St. at
    6;
    Exh.
    88 at
    1
    .9)
    Three basic types of Stage II systems are in use in the
    United States.
    These are the vapor balance system, the vacuum
    assist system, and the aspirator assist or hybrid system.
    The
    vapor balance system is the most commonly used system.
    In
    general,
    these three types of systems differ based on whether
    they use a “balance” method or “vacuum” method ora combination
    of the two.
    In a balance system, the vapors and liquid are
    “balanced” between the vehicle and underground storage tanks,
    using pressure to force the vapors from the fuel tank into the
    fill pipe.
    In a vacuum system,
    a vacuum—generating device draws
    vapors from the fuel tank into the fillpipe.
    (Exh.
    8 at 3-6.)
    The Agency terms Stage II vapor recovery systems as “a
    proven technology”
    (St. at
    6;
    Exh.
    8 at 1).
    Stage II vapor
    systems have been a part of hydrocarbon emission control in
    California for some time.
    It was introduced in San Diego
    in 1974
    and has become one of California’s major volatile organic
    compound
    (VOC)
    control strategies.
    Sixteen areas in California
    designated as nonattainment for ozone have Stage II control
    programs
    in place, and it has been estimated that the program
    reduces hydrocarbon emissions in California by 48,000 tons
    annually and saves 15 million gallons of gasoline.
    (Exh.
    8 at
    1—
    2.)
    The Agency reports that a number of other areas of the
    United States have also established Stage II systems.
    These
    include the District of Columbia, Missouri
    (St. Louis area), New
    8
    Exhibit
    8
    is the testimony of Terry A. Sweitzer, P.E., who
    testified on behalf of the Agency.
    ~ Cites
    to the
    record
    will
    be
    as
    follows:
    Statement
    of
    Reasons as
    “St.
    at
    X”;
    the transcript of hearing as
    “Tr.
    at
    X”
    (only the 3/30/92 transcript is cited); exhibits as “Exh. X at X”;
    and public comments as P.C.#X at X”
    134—182

    7
    Jersey, New York, Massachusetts, Philadelphia, and Florida (Dade
    County)
    10~
    The Agency reports that Stage II systems are “effective in
    the control of vehicle refueling emissions”
    (St. at 7).
    The
    California Air Resources Board
    (CARB) certifies that Stage II
    systems used in California are at least 95
    effective.
    (Exh.
    8
    at 1.)
    The states and local agencies that have operational Stage
    II programs have demonstrated that 95
    control of VOC emissions
    is practicable11.
    (St. at 7.)
    Using gasoline consumption figures for the ozone
    nonattainment counties and the Stage II control and in—use
    efficiencies of 95
    and 84,
    the Agency calculated estimated
    emissions reductions for Stage II systems in Illinois.
    The
    calculations show that emissions reductions of nearly 32 tons per
    day for the Chicago area, and nearly
    3 tons per day in the Metro-
    East area can be expected; total emissions reductions for the
    State are thus expected to be 35 tons per day12.
    (Exh.
    8 at 17;
    Exh.
    5 at 3.)
    The Agency reports that this reduction in
    emissions would be a “significant portion” of the
    CAAA
    required
    15
    reduction in overall VOC emissions
    (Exh.
    8 at 17).
    CARB Certification
    The control system minimum efficiency design requirements
    are contained as part of the general preamble of Title
    I of the
    CAAA.
    The
    CAAA
    prescribe that Stage II systems must be certified
    to have at least 95
    control effectiveness.
    (St. at
    4.)
    Nearly
    all states and local agencies rely on CARB for Stage II system
    guidance due to CARB’s expertise and experience with the systems.
    California state law requires that CARB develop methods and
    procedures for the certification of Stage II systems.
    CARB
    maintains
    a program that specifies by executive order those
    systems that have been tested and approved.
    The executive orders
    10
    David Sykuta, Illinois Petroleum Council, testified that no
    states have established Stage II requirements where the state is in
    compliance with limits for ozone
    (Tr.
    at 61).
    ~ The record contains information that the in—use efficiency
    of Stage II systems has been estimated to vary between 92
    and 62,
    depending on the frequency of the inspection program.
    The Agency
    intends
    to
    conduct
    annual
    inspections;
    this
    has
    an associated
    installation in-use efficiency of 86
    (Exh.
    5).
    12
    13,000 tons annually
    (P.C.#6 at 4).
    134—183

    8
    are maintained through
    a. CARB manual
    (Exh.
    3).
    These orders are
    routinely updated as new systems are certified13.
    At hearing, Philip
    S. Bush of the planning department of
    Amoco Oil Company raised issues related to Illinois’ reliance on
    CARB certification.
    Mr. Bush expressed concern over the fact
    that under the Agency’s proposal Illinois would not be performing
    its own certification:
    If no other agency certifications are acceptable, Amoco
    would have to maintain facilities in California
    (even
    though we don’t market there)
    simply for the purpose of
    requalifying subcomponents of the system.
    This may
    prove to be not worthwhile.
    Consequently, we are
    asking the
    *
    *
    *
    USEPA
    to step up to their
    responsibility under the
    CAAA
    and begin certifying
    Stage II gasoline vapor recovery systems and hardware.
    (Tr. at 84.)
    Mr. Bush noted that with over 50 areas requiring Stage II
    systems,
    it is his belief that USEPA will take on. the process of
    certification.
    Mr.
    Bush expressed the desire to add language
    allowing for future USEPA certification, or certification by
    another approved pollution control agency.
    (Id.)
    The Agency states that the preamble to Title
    I
    of the
    CAAA
    provides that CARB-approved Stage II systems meet
    CAAA
    requirements
    --
    with no additional individual -efficiency testing
    required.
    However,
    if a state desires to approve other systems
    (i.e.,
    those that are not CARB-certified),
    it must develop test
    methods and procedures and submit these to USEPA as a SIP
    revision.
    (St. at 7-8; Exh.
    8 at 12.)
    The Agency believes that
    this process would be costly and
    time—consuming.
    The Agency
    explains that the time needed to complete the process for SIP
    approval of Illinois’ own certification process would result in
    missing the
    CAAA
    November 15 deadline.
    (Exh.
    8 at 12-13.)
    The Board recognizes the inconvenience Amoco faces regarding
    CARB certification.
    However, the Board can not provide for
    possible certification by USEPA or “other approved pollution
    control agency”
    in these rules.
    Although it may seem reasonable
    that USEPA or some “other approved pollution control agency”
    might take on such certification, this is still very much
    uncertain and therefore too speculative to be implementable under
    Illinois administrative law.
    Moveover, the State
    is unable to
    provide its own certification system
    ——
    even if the resources
    were available and their expenditure justified
    —-
    and still meet
    13
    The regulations proposed today contain an incorporation by
    reference to the CARB manual.
    The Board’s regulations will not
    include any updates or amendments pursuant to APA requirements.
    134—184

    9
    the November 15 deadline.
    If at some later date either the
    national or State certification picture changes, the Board can
    then amend the instant rules to recognize the changes.
    Economic Considerations
    Affected Facilities.
    The state legislation and the
    CAAA
    specify that Stage II systems are required at gasoline dispensing
    facilities that dispense more than an average of 10,000 gallons
    of gasoline per month.
    The facilities covered include retail
    service stations and private fueling facilities
    (such as
    government and company fleet fueling facilities).
    (Exh.
    4;
    St.
    at
    3.).
    The Agency’s estimates indicate that “16,000 retail and
    private gasoline dispensing facilities are located in Illinois
    and that nearly 4400 are located in the ozone nonattainment areas
    and would be subject to the Stage II system requirements”
    (Exh.
    4
    at 5.)
    The Agency provides an estimate of affected facilities by
    county:
    Table
    3
    Number of Gasoline Dispensing
    Facilities Subject to Stage II Controls.
    County
    Retail
    Private
    Cook
    2453
    446
    DuPage
    300
    69
    Grundy (portion)
    9
    0
    Kane
    143
    28
    Kendall
    (portion)
    5
    0
    Lake
    244
    45
    Madison
    166
    22
    McHenry
    84
    16
    Monroe
    17
    2
    St. Clair
    147
    23
    Will
    148
    Total
    3716
    682
    Total retail and private facilities
    4,398
    Costs.
    The Agency has undertaken a cost analysis based upon
    consideration of the cost of each piece of necessary equipment,
    installation and maintenance costs, and monthly amount of
    gasoline throughput (see Exh.
    6 at 1-4).
    From this analysis the
    Agency concludes that the total implementation costs would be $17
    million.
    The estimated annualized cost is expected to range from
    $1331 to $4954 per facility, with the smaller throughput
    facilities having the larger cost.
    (~.
    at 4.)
    The average cost
    effectiveness, assuming a 35 ton per day reduction in emissions,
    is estimated at $1330 per ton.
    (a.)
    134—185

    10
    The cost analysis includes cost savings to consumers.
    Mr.
    Sweitzer testified that in doing the cost analysis, the cost of
    gasoline recovered during the process was figured in their
    analysis.
    .
    He stated that the price increase of a penny a gallon
    may have been a penny to two cents per gallon, had they not taken
    the cost of the recovered gasoline into account
    (Tr. at 31).
    The
    Agency estimates that Stage II systems will save approximately 4
    million gallons of gasoline in Illinois
    (P.C.#6 at 4).
    Statewide Regulation
    At hearing
    CLA
    asked the Board to require Stage II systems
    to be used throughout the state, as opposed to requiring the
    systems solely in certain nonattainment areas.
    As support for
    its position,
    CLA
    presented evidence that certain communities in
    attainment areas have experienced
    8 hour exposures to ozone at
    concentrations of 0.08 ppm or more14, stating that this
    constitutes a “serious health hazard”
    (Tr. at 50).
    CLA
    also
    discussed that public exposure to petroleum vapors results in
    exposure to carcinogens such as bénzene, and alkenes that may
    convert to genotoxic epoxides and other highly mutagenic
    products.
    CLA
    presented data on exposure during fueling that
    would result in exposures to these chemicals reaching NIOSH and
    OSHA short-term limits.
    (Tr. at 52-54.)
    CLA
    believes that Stage
    II systems, when used properly, virtually eliminate the
    significant exposure to these chemicals.
    (Tr. at 49.)
    CLA
    believes that the Board may adopt statewide Stage II
    regulations based on a reading of section 10(d)
    of the Act15 in
    conjunction with the part of section 10 that requires Stage II
    regulations to be adopted
    (see above).
    (Tr. at 49—52.)
    The Board notes that section 10 of the Act includes a
    restriction on adoption of Stage II regulations for areas of the
    state that are below moderate for attainment:
    “These regulations
    shall apply only in areas of the State that are classified as
    moderate, serious,
    severe,
    or extreme nonattainment areas for
    ozone”.
    The language of section 10(d) may not be read to render
    later portions of section 10 meaningless.
    (See,
    Niven v.
    Sigueira
    (1985), 109 Ill.2d 357,
    487 N.E.2d 937.)
    Therefore, the
    Board can not adopt statewide regulations under this legislation.
    Watercraft
    14
    These
    communities are Champaign—Urbana,
    Decatur,
    Peoria,
    Rantoul, Rockford, and Springfield.
    15
    “The Board may adopt regulations
    *
    *
    *
    which
    may
    *
    *
    *
    prescribe:
    (d) Standards and conditions regarding the sale, offer,
    or use of any fuel,
    vehicle,
    or other article determined by the
    Board to constitute an air-pollution hazard;”
    134—186

    11
    OMC and the District observe that there is a “fundamental
    difference” in the fuel system in watercraft and automobiles, and
    that it follows that the Stage II program under consideration
    should not be applied to watercraft fueling.
    (P.C. #9 and #11.)
    OMC continues:
    United States Coast Guard regulations deal with fuel
    systems in watercraft and has been
    (sic)
    addressed by
    the National Marine Manufacturers Association’s
    (NMMA)
    Permanent Fuel Systems Standards (ABYC H-24—89,
    H-33-84
    as required to meet 33 CFR Subpart J).
    Typically the
    gasoline vent, line is several inches from the fuel fill
    line.
    Additionally, there must be a separation between
    the engine and/or fuel compartment ventilation and fuel
    fill openings of at least 15 inches.
    In either case,
    the vapor recovery system envisioned in Illinois would
    not work for most watercraft with permanent fuel
    systems because of the distances between fuel fill and
    vent lines.
    The definition of watercraft as motor vehicles
    is
    inconsistent with the United States Environmental
    Protection Agency’s definition.
    In fact,
    U.
    S.
    EPA has developed a separate category for non—road
    engines.
    Since U.
    S. Coast Guard rules for watercraft with
    permanent fuel systems require that the fuel tank
    vent line be separated from the fuel fill port,
    this would make the gasoline vapor recovery
    devices as envisioned for Illinois ineffective in
    recovering gasoline vapors.
    In order to make
    vapor recovery nozzles work for recreational
    watercraft,
    all new watercraft systems
    retrofitted.
    This design change would have to
    undergo approval by the U.S. Coast Guard and be
    fundamentally different from those systems covered
    by the current NMMA standard.
    The District’s and Larsen Marine’s comments mainly echo
    OMC’s comments, with the addition that the District states that
    while an automobile gasoline station typically has underground
    storage tanks within bOO feet of the pumps, the District has a
    distance. of 1000 feet between the pumps and the tanks.
    The
    District questioned whether a gasoline vapor recovery system
    would be 95
    effective under these circumstances.
    (P.C.#ll at
    1.)
    The Agency in its supplemental comments states that it
    contacted USEPA and the San Diego County,
    California, Air
    Pollution Control District with regard to the questions raised
    about the applicability of Staae II rules to watercraft.
    The
    34—187

    12
    Agency agrees with OMC, the District, and Larsen Marine that
    there are indeed physical problems with using Stage II equipment
    in the fueling qf watercraft.
    The Agency reports that it was not
    USEPA’s intent that watercraft or aircraft be included within the
    applicability of the Stage II vapor recovery requirements.
    Therefore,
    the Agency is recommending that a sentence be added to
    the definition of “motor vehicle”
    (Section 218/219.586(a) (10))
    specifically excluding watercraft and aircraft from the rule.
    The Board accepts the Agency’s recommended changes.
    “Refueling” vs “Fueling”
    Ford asks that the Board use the term “refueling” instead of
    “fueling” in the rule.
    (P.C.#8.)
    Ford claims that since Ford
    would be “fueling” new vehicles, there are no vapors to be
    captured from the cars’
    tank.
    The Preamble to Title
    I of the Clean Air Act does refer to
    “refueling”.
    The Preamble states that the Clean Air Act
    “.
    requires owners or operators of gasoline dispensing systems to
    install and operate gasoline vehicle refueling vapor recovery
    (“Stage II”) systems in ozone nonattainment areas designated as
    moderate and above”
    (57 Fed. Reg.
    13513)
    (emphasis added).
    However, Section 182(b) (3), the controlling section of the Clean
    Air Act does not refer to refueling systems, but rather refers to
    “dispensing systems” and “a system for gasoline vapor recovery of
    emissions from the fueling of motor vehicles”
    (42 U.S.C.
    §7511a(b) (3) (A)
    (emphasis added).
    Also, Section
    10 of the Act
    applies to the fueling of motor vehicles.
    The Agency’s description of how vapor recovery systems work
    indicates that the vapors formed in the tank of a car are forced
    out during refueling.
    (St.
    at
    6; Exh.
    8 at 1.)
    Ford argues that
    since new cars would have no vapors to be forced out, “refueling”
    rather than “fueling” should be used in the rule.
    The Agency,
    in
    its supplemental comments,
    states that:
    Even in the initial fueling of new automobiles and
    trucks,
    there are vapors released into the atmosphere
    from the volatization of the gasoline as it enters the
    tank.
    These vapors are captured by Stage II systems.
    (P.C.#l4 at 2).
    The Board finds that there is conflicting information in the
    record and legislation on the issue raised by Ford.
    Therefore,
    the Board will not alter the proposed rule as suggested.
    The
    Board notes that future rulemakings or adjusted standard
    proceedings are available should Ford wish to further pursue this
    matter.
    PROVISION-BY-PROVISION DISCUSSION
    134—188

    13
    Section 215.123
    In this section the Board is only adding required language
    involving the incorporation by reference.
    No comments were
    received concerning this change.
    Sections 215.583,
    218.583.
    219.583 Gasoline Dispensing Facilities
    The title of these sections is amended, to indicate that the
    provisions of the Section apply only to storage tank filling
    operations
    (Stage
    I controls).
    Stage II vapor recovery rules are
    to be provided in subsequent sections.
    Section 218.586(a),
    219.586(a)
    These proposed subsections include definitions specific to
    gasoline dispensing facilities.
    The definitions are necessary to
    clarify the requirements for implementation of Stage II vapor
    recovery systems as provided in the proposed rules.
    Mobil suggests that the time period contained in the
    definition of Average Monthly Volume
    (subsection
    (a)(1)) be
    changed to one year (January 1990 through December 1991).
    (P.C#12 at 1.)
    The Agency states that the two—year time period
    included in the subsection is needed for consistency with
    CAAA
    requirements; the Agency states that the time period is based on
    language in the preamble to the
    CAAA
    which states that the
    monthly volume average
    is to be “based upon the 2—year period
    before the adoption date.
    (P.C.#6 at 10.)
    Since it is required
    that the rules be
    in place by November
    15,
    1992,
    the two year
    period becomes November 1990 through October 1992.
    The Board
    agrees and will not make the suggested changes to this
    subsection..
    The definition of “certified”
    (subsection
    (a)(2))
    is
    modified from first notice to reflect incorporation by reference
    of the CARB manual.
    USEPA also suggests that the words
    “or will
    be”
    be added to this definition to include systems that will be
    tested and certified by CARB in the future.
    (P.C.#4 at 1.)
    The
    Board and Agency believe that this would lead to the conclusion
    that the CARB manual updates would be included in this rule.
    The
    state legislature in the Administrative Procedure Act
    specifically prohibits any agency from including references to
    updates
    in an incorporation by reference
    (Ill. Rev.
    Stat.
    1991,
    ch.
    127, par. 1006.2).
    The phrase could also be interpreted to
    allow for systems to be considered certified before actual
    certification takes place,
    since USEPA’s wording would state,
    “Certified:
    Any vapor collection and controlsystem which has
    been or will be tested and approved by CARE
    .
    .
    .“
    For these
    reasons,
    the Board can not accommodate USEPA’s suggested change.
    134—189

    14
    USEPA further recommends that at subsection
    (a) (2), the
    rules require that any CARE certified system be allowed except
    those using remote check valves.
    USEPA states that systems with
    remote check valves greatly complicate the Dynamic Backpressure
    Test procedure, thereby making the test less practical for
    inspection and auditing purposes at the individual facilities.
    (P.C.#4 at 2.)
    In answer to this comment, the Agency chooses to
    make no exceptions to
    CARE
    certification.
    (P.C.#6 at
    5..)
    USEPA
    made a similar recommendation concerning the use of CARB
    certified coaxial hose systems.
    (P.C.#4 at 2.)
    The Agency
    comments that CARB allows only coaxial hoses
    in new balance
    systems, and that the use of coaxial hoses is expected for all
    new systems.
    The Board recognizes the Agency’s choices regarding
    these suggested changes.
    The Board added a definition of “completion of installation”
    to the definitions.
    The definition had been previously included
    in subsection
    (h)
    (see discussion following).
    This addition is
    placed at subsection
    (a)(3),
    and the following definitions were
    renumbered in sequence.
    Section 218.586(b),
    219.586(b)
    These proposed subsections provide that any gasoline
    dispensing facility that dispenses an average monthly volume of
    motor vehicle fuel of more than 10,000 gallons is subject to
    Stage II vapor recovery requirements and is subject to the
    compliance schedule as provided in the CAAA.
    Section 218.586(c)
    219.586(c)
    These subsections provide the specific requirements for the
    installation and operation of a Stage II system.
    Only CARB
    tested and certified systems can be used,
    the systems must be
    properly maintained and operated according to their
    certifications and manufacturers’ specifications, the system must
    not be operated when malfunctioning,
    operators and employees must
    be trained in proper operation and maintenance of the system, and
    instructions for customers in the dispensing of motor fuel must
    be properly displayed.
    The Agency’s inspection and enforcement
    programs would cite provisions of these subsection to allege
    violations of the rules.
    At hearing Marathon expressed a concern over the wording of
    as proposed at first notice.
    The wording allowed for the
    interpretation that if one dispenser is malfunctioning, the
    station operator would not be allowed to operate the functioning
    dispensers.
    Marathon believes the operator should be allowed to
    shut down only the malfunctioning dispenser,
    and continue to
    operate the properly functioning equipment.
    (Tr. at 70.)
    The
    Agency in its comments agrees and proposes language to effectuate
    134—190

    15
    this intent.
    However, the Board finds that the language proposed
    by the Agency does not quite cover the situation,
    as it would
    continue to prohibit the “dispensing of motor fuel at any time”.
    (See P.C.#6 at 12.)
    Therefore, the Board adds the phrase “from a
    motor fuel dispenser” after the word “time”.
    We believe this
    change makes it clear that the operator is not to operate any
    malfunctioning equipment, but may continue to operate functioning
    equipment.
    There was also confusion at hearing stemming from the use of
    the word “testing” in this subsection.
    (Tr. at 89.)
    To address
    this problem, the Agency suggests removing the words “tested and”
    from subsection
    (c) (1).
    This is to make it clear that CARE
    is
    the only entity.to test systems for certification.
    Testing of
    newly installed vapor recovery systems to determine if the system
    is operating properly is the responsibility of the owner or
    operator.
    This type of testing is distinct from testing required
    for certification.
    The tests which the owners or operators must
    perform at installation are included in Section
    218/219.586(h) (1).
    Other nonsubstantive form changes have been made to the rule
    text.
    The Board made nonsubstantive form changes suggested by
    the Code Division.
    (P.C.#5.)
    Chicago expressed, its support for
    these rules.
    (P.C.#3.)
    DCCA commented that it has found no
    negative economic impact from these proposed rules.
    (P.C.
    #10.)
    Section 218.586(d),
    219.586(d)
    These subsections provide the compliance dates for affected
    facilities.
    These dates coincide with those required under the
    CAAA.
    Language has been clarified in accordance with comments made
    at hearing by the Board staff and Amoco to eliminate the
    redundancy in the applicability language.
    (Exh.
    15;
    Tr.
    at 89-
    90.)
    The changes occur at subsections
    (d) (2)
    through
    (d) (5)
    16,
    The only substantive change to this subsection is suggested by
    the Agency (P.C.#6 at 4), which the Board accepts.
    The change is
    an addition to the beginning of subsection
    (d), and is to clarify
    that once applicability in a geographic area is established by
    the terms of 218.105
    (or 219.105), the compliance dates which
    subject facilities must meet are. contained in 218.586 (or
    219.586).
    This reference is also in response to Marathon’s
    suggestions at hearing that the geographic areas
    of applicability
    be included in the rule.
    (See Tr. at 67.)
    16
    The text of subsection
    (d) (4) was deleted,
    and
    (d) (5)
    and
    (d) (6) were renumbered as
    (d) (4) and
    (5).
    134—19
    1

    16
    Mobil expresses concern that remodeled stations would have
    to comply under the same schedule as new facilities.
    (P.C.#12)
    Remodeled facilities are not to be considered new facilities
    under these rules, and would not be under a ~competitive
    disadvantage.
    The commenced construction language applies only
    to new facilities.
    (P.C.#6)
    The schedule of compliance dates
    included in this subsection is needed for consistency with the
    CAAA
    requirements.
    (See 42 USC §7511a.)
    Section 218.586(e),
    219.586(e)
    These subsections provide that once a facility becomes
    subject to Stage II requirements as provided in subsection
    (b),
    it will remain subject at all times.
    Section 218.586(f),
    219.586(f)
    If a facility determines that it
    is exempt from the Stage II
    requirements provided in subsection
    (b),
    it is the facility’s
    responsibility to retain such records and to provide such upon
    Agency request.
    Section 218.586(g),
    219.586(g)
    Since permit applications are not to be required,
    recordkeeping is necessary to demonstrate compliance.
    These
    Sections specify that each facility shall retain records that
    demonstrate a CARE approved systems are being utilized, that the
    proper maintenance has been performed on the Stage
    II system,
    that all time periods when Stage II components have malfunctioned
    are clearly documented,
    that average monthly throughputs of motor
    vehicle fuel are maintained, and that operators and employees are
    properly trained and that they understand potential penalties.
    These records will be made available to Agency personnel during
    facility inspections.
    At first notice the proposal required that all records be
    kept on-site.
    At hearing Amoco objected to the requirement that
    these valuable business documents be kept on—site because the
    stations may not have secure filing systems on—site.
    Also,
    in
    some instances,
    the same owner or operator may operate more than
    one station and would keep his or her business documents at a
    central location.
    (Tr.
    at 87-88,
    95—98.)
    The Illinois Petroleum
    Council and Marathon joined in the objection at hearing, and
    Mobil filed comments expressing the same concern.
    (Tr. at 100—
    109;
    P.C.#l2.)
    Since the hearing, the Agency discussed the
    recordkeeping issue with industry representatives and USEPA.
    The
    Agency suggests changes in the recordkeeping requirement which
    would allow for keeping on-site only the registration material
    required under Section 218/219.586(h) (1), and the location of the
    134—192

    17
    records required under Section 218/219.586(g) (2)17,
    including
    the name, address, and phone number of the contact person for
    these records.
    The Agency ~“.:~lieves
    that this approach to the recordkeeping
    requirements “al.
    :s the Agency to obtain any pertinent
    information to su4port its inspections of the facility and yet
    provides on-site at the time of inspection all the information
    required to allow a comprehensive inspection”
    (P.C.#6 at 7).
    The
    Agency reports that USEPA agrees with this concept for
    recordkeeping, and that this constitutes a change in position
    from the earlier USEPA comments.
    (Id; P.C.#7.)
    In its supplemental comments, the Agency, at USEPA’s
    request’, retracts a suggestion made in its earlier comments.
    The
    suggestion was that “within 30 calendar days of a” be added at
    subsection
    (g) (2).
    The Agency now wants to leave the sentence to
    require records be provided “upon request”;. the same as at first
    notice.
    (P.C.#l4 at 3).
    This would be consistent with other
    information requirements in other subparts of Parts 218 and 219.
    The Board accepts the change.
    Amoco objected to the need for the keeping of throughput
    information required by subsection
    (g) (d) (2).
    The Agency states
    that this information is essential in order for the Agency to
    clearly document the emission reductions gained from the Stage II
    program and “to facilitate future dispersion modeling activities”
    (P.C.#6 at 7-8).
    The Board will not delete the requirement for
    this information.
    Section 218.586(h).
    219.586(h)
    These subsections exempt any facility subject to Stage II
    requirements from air pollution control permits required under
    Sections 201.142, 201.143 and 201.144 for the Stage
    II equipment.
    The exemption is allowed provided that the affected facility
    provides a registration of its Stage II equipment.
    Any future
    modifications would require a reregistration.
    This proposed use
    of a registration in lieu of formal permits is designed to
    eliminate a paperwork exercise of submittal, review and
    processing of permit applications.
    In addition, unnecessary time
    delays associated with a 90-day permit review period would be
    eliminated, thereby providing industry additional time to install
    the Stage II system and the Agency to focus its resources on the
    implementation of the Stage II program.
    Section 218.586(h)(1)
    (and 219.586(h) (1)) details the
    specific items to be included when a Stage II system is to be
    17
    The
    list
    of records to be kept is moved
    from subsection
    (g)(1)
    to (g)(2).
    134—193

    18
    registered.
    The Board adds to these items the requirement that
    the location of the records be specified,
    including the name,
    address, and telephone number of the contact person.
    This
    addition is made at the suggestion of the Agency (P.C.#6 at 14)
    and USEPA
    (P.C.#7).
    The registration information will allow the
    affected facilities to obtain their exemption from permit
    requirements and the Agency to establish an inventory of those
    facilities to be inspected.
    The Agency expects to adhere to
    USEPA guidance that specifies annual inspections for the
    facilities or the development of an inspection schedule approved
    by USEPA through the Agency’s inspection program plan.
    (St. at
    14—15.)
    The Agency does not intend to use a specific form for
    gathering the information required in subsection
    (h)(1).
    (P.C.#6
    at
    3.)
    Therefore the Board deletes the word “form”.
    The Board is adding a listing of the specific tests required
    at installation,
    at the suggestion of the Agency and USEPA.
    (P.C.#6 at 5; P.C.#4 at 1.)
    The tests are the Dynamic
    Backpressure Test,
    Pressure Decay/Leak Test,
    or the Liquid
    Blockage Test.
    The Agency had suggested that these tests be
    added at 218/219.586(h)(l).
    Since these tests are part of a
    definition of “Completion of Installation”,
    the Board adds these
    tests and the definition to the definitions in subsection
    (a).
    Further description of these tests
    is not necessary at this time
    in the rule because the tests are incorporated by reference,
    and
    the tests may be moved to a different location in a general
    clean-up of Parts 215,
    218, and 219 to be proposed by the Agency
    in a separate rulemaking at a later date.
    (See P.C.#6 at 5.)
    In its supplemental comments, the Agency,
    after consultation
    with USEPA,
    points out that some or all of these tests may be
    required for a successful demonstration of completion of
    installation, depending on the system used.
    Therefore,
    the
    Agency requests that the word “and” be used instead of “or”
    in
    the series of tests listed in the proposed rule.
    (P.C.#14 at 3-
    4.)
    The Board believes that the use of the word “and” does not
    effectuate the intent of the Agency and USEPA.
    Rather, use of
    “and” would require that all three tests be completed.
    Therefore, the Board retains the use of the word “or”,
    but adds
    the phrase “one or more of the following tests applicable to the
    installed vapor collection and control system:
    to the rule to
    make it clear that some or all of the tests may be required to
    indicate completion of installation.
    Miscellaneous Matters
    The Board has made some nonsubstantive form changes relative
    to the first notice proposal,
    as suggested by the Code Division
    (P.C.#5).
    Chicago expressed its general support for these rules.
    134—194

    19
    (P.C.#3.)
    DCCA commented that
    it has found no negative economic
    impact from these proposed rules.
    (P.C.#10.)
    CONCLUSION
    Based on the record developed in this proceeding,
    the Board
    adopts the attached rule for second notice.
    The Board further
    finds that the proposed rules are technically feasible and
    economically reasonable.
    134—195

    20
    ORDER
    The Board directs the Clerk of the Board to cause the second
    notice proposed amendments to be sent to the Joint Committee on
    Administrative Rules.
    This Order includes changes from first
    notice, indicated by strike through and underlining.
    TITLE 35:
    ENVIRONMENTAL PROTECTION
    SUBTITLE B:
    AIR POLLUTION
    CHAPTER I:
    POLLUTION CONTROL BOARD
    SUBCHAPTER
    C:
    EMISSIONS STANDARDS AND LIMITATIONS FOR
    STATIONARY SOURCES
    PART 215
    ORGANIC MATERIAL EMISSION STANDARDS AND LIMITATIONS
    SUBPART A:
    GENERAL PROVISIONS
    Section
    215. 100
    215.101
    215.102
    215.103
    215.104
    215. 105
    215. 106
    215. 107
    215.108
    215. 109
    Introduction
    Clean—up and Disposal Operations
    Testing Methods
    Abbreviations and Conversion Factors
    Definitions
    Incorporation
    Afterburners
    Determination of Applicability
    Measurement of Vapor Pressures
    Monitoring for Negligibly-Reactive Compounds
    SUBPART B:
    ORGANIC EMISSIONS FROM STORAGE AND LOADING OPERATIONS
    Section
    215. 121
    215. 122
    215. 123
    215.124
    215. 125
    215.126
    215.127
    215.128
    Storage Containers
    Loading Operations
    Petroleum Liquid Storage Tanks
    External Floating Roofs
    Compliance Dates and Geographical Areas
    Compliance’ Plan
    Emissions Testing
    Measurement of Seal Gaps
    Separation Operations
    Pumps and Compressors
    Vapor Blowdown
    Safety Relief Valves
    Section
    215.141
    215.142
    215. 143
    215.144
    SUBPART
    C:
    ORGANIC EMISSIONS FROM MISCELLANEOUS EQUIPMENT
    SUBPART E:
    SOLVENT CLEANING
    134—196

    21
    Section
    215.181
    215. 182
    215. 183
    215.184
    215. 185
    Section
    215.202
    215.204
    215.205
    215.206
    215.207
    215.208
    215.209
    215.210
    215.211
    215.212
    215. 213
    215. 214
    215.. 215
    Solvent Cleaning in General
    Cold Cleaning
    Open Top Vapor Degreasing
    Conveyorized Degreasing
    Compliance Plan
    SUBPART F:
    COATING OPERATIONS
    Compliance Schedules
    Emission Limitations for Manufacturing Plants
    Alternative Emission Limitations
    Exemptions from Emission Limitations
    Compliance by Aggregation of Emission Sources
    Testing Methods for Volatile Organic Material Content
    Exemption from General Rule on Use of Organic Material
    Alternative Compliance Schedule
    Compliance Dates and Geographical Areas
    Compliance Plan
    Special Requirements for Compliance Plan
    Roadmaster Emissions Limitations
    DM1 Emissions Limitations
    SUBPART H:
    SPECIAL LIMITATIONS FOR SOURCES
    IN MAJOR URBANIZED
    AREAS WHICH ARE NONATTAINMENT FOR OZONE
    Section
    215.240
    215.241
    215.245
    215.249
    Section
    215. 260
    215.261
    215. 263
    215.264
    215.267
    Section
    215. 301
    215.302
    215.303
    215. 304
    215. 305
    Applicability
    External Floating Roofs
    Flexographic and Rotogravure Printing
    Compliance Dates
    SUBPART
    I:
    ADJUSTED PACT EMISSIONS LIMITATIONS
    Applicability
    Petition
    Public Hearing
    Board Action
    Agency Petition
    SUBPART
    K:
    USE OF ORGANIC MATERIAL
    Use of Organic Material
    Alternative Standard
    Fuel Combustion Emission Sources
    Operations with Compliance Program
    Viscose Exemption
    (Repealed)
    SUBPART N:
    VEGETABLE OIL PROCESSING
    134—197

    22
    Hexane Extraction Soybean Crushing
    Hexane Extraction Corn Oil Processing
    Recordkeeping For Vegetable Oil Processes
    Compliance Determination
    Compliance Dates and Geographical Areas
    Compliance Plan
    SUBPART
    P:
    PRINTING AND PUBLISHING
    Section
    215.401
    215. 402
    215.403
    215.404
    ‘215.405
    215.406
    215.407
    215.408
    215.409
    215. 410
    SUBPART
    Section
    215.420
    215.421
    215.422
    215.423
    215.424
    215.425
    215.426
    215. 427
    215.428
    215.429
    215. 430
    215. 431
    215.432
    215. 433
    215.434
    215.435
    215. 436
    215. 437
    215. 438
    215.439
    Flexographic and Rotogravure Printing
    Exemptions
    Applicability of Subpart K
    Testing and Monitoring
    (Repealed)
    Compliance Dates and Geographical Areas
    Alternative Compliance Plan
    Compliance’ Plan
    Heatset Web Offset Lithographic Printing
    Testing Methods for Volatile Organic Material Content
    Emissions Testing
    Q:
    LEAKS FROM SYNTHETIC ORGANIC CHEMICAL AND POLYMER
    MANUFACTURING EQUIPMENT
    Applicability
    General Requirements
    Inspection Program Plan for Leaks
    Inspection Program for Leaks
    Repairing Leaks
    Recordkeeping for Leaks
    Report for Leaks
    Alternative Program for Leaks
    Compliance Dates
    Compliance Plan
    General Requirements
    Inspection Program Plan for Leaks
    Inspection Program for Leaks
    Repairing Leaks
    Recordkeeping for Leaks
    Report for Leaks
    Alternative Program for Leaks
    Open-Ended Valves
    Standards for Control Devices
    Compliance Date
    SUBPART R:
    PETROLEUM REFINING AND RELATED
    INDUSTRIES; ASPHALT MATERIALS
    Petroleum Refinery Waste Gas Disposal
    Vacuum Producing Systems
    Section
    215.340
    215. 342
    215.344
    215. 345
    215.346
    215.347
    Section
    215. 441
    215.442
    134—198

    23
    Wastewater
    (Oil/Water)
    Separator
    Process Unit Turnarounds
    Leaks:
    General Requirements
    Monitoring Program Plan for Leaks
    Monitoring Program for Leaks
    Recordkeeping for Leaks
    Reporting for Leaks
    Alternative Program for Leaks
    Sealing Device Requirements
    Compliance Schedule for Leaks
    Compliance Dates and Geographical Areas
    SUBPART S:
    RUBBER AND MISCELLANEOUS PLASTIC PRODUCTS
    Manufacture of Pneumatic Rubber Tires
    Green Tire Spraying Operations
    Alternative Emission Reduction Systems
    Emissions Testing
    Compliance Dates and Geographical Areas
    Compliance Plan
    Testing Methods for Volatile Organic Material Content
    SUBPART T:
    PHARMACEUTICAL MANUFACTURING
    Section
    215.480
    Applicability of Subpart T
    215.481
    Control of Reactors, Distillation Units,
    Crystallizers,
    Centrifuges and Vacuum Dryers
    215.482
    Control of Air Dryers, Production Equipment Exhaust
    Systems and Filters
    Material Storage
    and’ Transfer
    In—Process Tanks
    Leaks
    Other Emission Sources
    Testing
    Monitors for Air Pollution Control Equipment
    Recordkeeping (Renumbered)
    Compliance Schedule
    (Renumbered)
    SUBPART
    U:
    COKE MANUFACTURING AND BY-PRODUCT RECOVERY
    Section
    215.500
    Exceptions
    215.510
    Coke By-Product Recovery Plants
    215’.512
    Coke By-Product Recovery Plant Leaks
    215.513
    Inspection Program
    215. 514
    Recordkeeping Requirements
    215.515
    Reporting Requirements
    215.516
    Compliance Dates
    215.517
    Compliance Plan
    215.443
    215.444
    215.445
    215. 446
    215.447
    215.448
    215.449
    215.450
    215. 451
    215.452
    215. 453
    Section
    215.461
    215.462
    215.463
    215. 464
    215.465
    215.466
    215. 467
    215.483
    215.484
    215.485
    215.486
    215.487
    215.488
    215.489
    215.490
    134—199

    24
    SUBPART V:
    AIR OXIDATION PROCESSES
    Section
    215.520
    Applicability
    215.521
    Definitions
    215.525
    Emission Limitations for Air Oxidation Processes
    215.526
    Testing and Monitoring
    215.527
    Compliance Date
    SUBPART W:
    AGRICULTURE
    Section
    215.541
    Pesticide Exception
    SUBPART X:
    CONSTRUCTION
    Bulk Gasoline Plants
    Bulk Gasoline Terminals
    Gasoline Dispensing Facilities
    Storage Tank Filling
    Operations
    Gasoline Delivery Vessels
    Gasoline Volatility Standards
    Emissions Testing
    SUBPART
    Z:
    DRY CLEANERS
    Leaks
    Compliance Dates and Geographical Areas
    Compliance Plan
    Exception to Compliance Plan
    Standards for Petroleum Solvent Dry Cleaners
    Operating Practices for Petroleum Solvent Dry Cleaners
    Program for Inspection and Repair of Leaks
    Testing and Monitoring
    Exemption for Petroleum Solvent Dry Cleaners
    Compliance Dates and Geographical Areas
    Compliance Plan
    Testing Method for Volatile Organic Material Content of
    Wastes
    215.615
    Emissions Testing
    Section
    215.561
    215.562
    215. 563
    Section
    215.581
    215. 582
    215.583
    215.584
    215.585
    215.586
    Architectural Coatings
    Paving Operations
    Cutback Asphalt
    SUBPART 1:
    GASOLINE DISTRIBUTION
    Perchloroethylene Dry Cleaners
    Exemptions
    Section
    215.601
    215.602
    215. 603
    215. 604
    215.605
    215.606
    215.607
    215.608
    215. 609
    215. 610
    215.611
    215.612
    215.613
    215. 614
    134—200

    25
    SUBPART AA:
    PAINT AND
    INK
    MANUFACTURING
    Applicability
    Exemption for Waterbase Material and Heatset Offset Ink
    Permit Conditions
    Open-top Mills,
    Tanks, Vats or Vessels
    Grinding Mills
    Leaks
    Clean Up
    Compliance Date
    Section
    215.875
    215. 877
    215.879
    215.881
    215.883
    215.886
    Section
    215.920
    215.923
    215.926
    Applicability of Subpart BB
    Emissions Limitation at Polystyrene Plants
    Compliance Date
    Compliance Plan
    Special Requirements for Compliance Plan
    Emissions Testing
    SUBPART PP:
    MISCELLANEOUS FABRICATED PRODUCT
    MANUFACTURING PROCESSES
    Applicability
    Permit Conditions
    Control Requirements
    SUBPART
    QQ:
    MISCELLANEOUS FORMULATION MANUFACTURING PROCESSES
    Applicability
    Permit Conditions
    Control Requirements
    SUBPART RR:
    MISCELLANEOUS ORGANIC CHEMICAL
    MANUFACTURING PROCESSES
    Applicability
    Permit Conditions
    Control Requirements
    Section
    215.620
    215. 621
    215. 623
    215.624
    215. 625
    215.628
    215.630
    215.636
    SUBPART BB:
    POLYSTYRENE PLANTS
    Section
    215.940
    215.943
    215.946
    Section
    215.960
    215.963
    215.966
    215.Appendix A:
    215.Appendix B:
    215.Appendix C:
    215.Appendix D:
    215.Appendix E:
    Rule Into Section Table
    Section Into Rule Table
    Past Compliance Dates
    List of Chemicals Defining Synthetic Organic
    Chemical and Polymer Manufacturing
    Reference Methods and Procedures
    13 4—201

    26
    215.Appendix F:
    Coefficients for the Total Resource
    Effectiveness Index
    (TRE)
    Equation
    AUTHORITY:
    Implementing Section 10 and authorized by Section 27
    of the Environmental Protection Act
    (Ill. Rev.
    Stat. 1991,
    ch.
    111 1/2,
    pars. 1010 and 1027).
    SOURCE:
    Adopted as Chapter
    2:
    Air Pollution, Rule 205:
    Organic
    Material Emission Standards and Limitations, R71-23,
    4 PCB 191,
    filed and effective April 14,
    1972; amended in R77—3,
    33 PCB 357,
    at
    3
    Ill. Reg.
    18,
    p.
    41, effective May 3,
    1979; amended in R78-3
    and R78—4,
    35 PCB 75, at
    3
    Ill. Reg.
    30,
    p.
    124, effective July
    28,
    1979; amended in R80-5 at 7
    Ill.
    Reg.
    1244, effective January
    21,
    1983; codified at 7 Ill.
    Reg. 13601; Notice of Corrections at
    7 Ill.
    Reg.
    14575; amended in R82—14 at
    8 Ill. Reg.
    13254,
    effective July 12,
    1984; amended in R83—36 at
    9 Ill. Reg.
    9114,
    effective May 30,
    1985; amended in R82—14 at 9 Ill. Reg.
    13960,
    effective August 28,
    1985;
    amended in R85—28 at 11
    Ill.
    Reg.
    3127,
    effective February
    3,
    1987;
    amended in R82—14 at 11
    Ill.
    Reg.
    7296, effective April
    3,
    1987; amended in R85—21(A)
    at 11
    Ill. Reg.
    11770, effective June 29,
    1987; recodified in R86—39 at
    11 Ill.
    Reg.
    13541; amended in R82—14 and R86—12 at 11 Ill.
    Reg.
    16706, effective September 30,
    1987;
    amended in R85-21(B)
    at 11
    Ill. Reg.
    19117, effective November 9,
    1987;
    amended in R86—36,
    R86—39, R86—40 at 11
    Ill. Reg. 20829, effective December 14,
    1987; amended in R82—14 and R86—37 at 12
    Ill.
    Reg.
    815, effective
    December 24,
    1987; amended
    in R86—18 at 12 Ill. Reg.
    7311,
    effective April
    8,
    1988; amended in R86—1O at12 Ill.
    Reg.
    7650,
    effective April 11, 1988;
    amended in R88—23 at
    13
    Ill.
    Reg.
    10893, effective June 27,
    1989; amended in R88—30(A)
    at
    14
    Ill.
    Reg.
    3555, effective February 27,
    1990;
    amended in R88—19 at
    14
    Ill.
    Reg.
    7596, effective May 8,
    1990;
    amended in R89—16(A)
    at 14
    Ill. Reg.
    9173,
    effective May 23,
    1990; amended in R88—30(B) at
    15 Ill.
    Reg.
    3309,
    effective February 13,
    1991; amended in R88—14
    at 15 Ill. Reg.
    8018,
    effective May 14,
    1991;
    amended in R91—7
    at
    15
    Ill.
    Reg.
    12217, effective August
    19,
    1991; amended in R91-10
    at 15 Ill. Reg.
    15595, effective October 11,
    1991;
    amended in
    R89—7(B)
    at 15
    Ill.
    Reg. 17687,
    effective November 26,
    1991;
    amended in R91—9 at 16 Ill.
    Reg.
    3132, effective February 18,
    1992; amended in R91-30 at 16
    Ill. Reg.
    _____,
    effective
    ______
    SUBPART A:
    GENERAL PROVISIONS
    Section 215.123
    Petroleum Liquid Storage Tanks
    a)
    The requirements of subsection
    (b) below shall not
    apply to any stationary storage tank:
    1)
    Equipped before January 1,
    1979 with one of the
    vapor loss control devices specified in Section
    134—
    202

    27
    2.15.121(b)
    of this Part, except Section
    215.121(b) (1)
    of this Part
    2)
    With a capacity of less than 151.42 cubic meters;
    3)
    With a capacity of less than 1,600 cubic meters
    (422,400 gallons)
    and used to store produced crude
    oil and condensate prior to custody transfer;
    4)
    With a capacity of less than 1,430 cubicmeters
    (378,000 gallons) and used to store produced oil
    or condensate in crude oil gathering;
    5)
    Subject to new source p.erformance standards for
    storage vessels of petroleum liquid,
    40 CFR 60,
    incorporated by reference in Section 215.105 g~
    this Part.
    THE PROVISIONS OF SECTION 111 OF THE
    CLEAN AIR ACT...RELATING TO STANDARDS OF
    PERFORMANCE FOR NEW STATIONARY SOURCES...ARE
    APPLICABLE IN THIS STATE AND ARE ENFORCEABLE UNDER
    THE
    ENVIRONMENTAL PROTECTION ACT.
    (Ill. Rev.
    Stat.,
    ch.
    111½, par.
    1009.1(b)).
    6)
    In which volatile petroleum liquici is not stored;
    or
    7)
    Which is a pressure tank as described in Section
    215.121(a)
    of this Part.
    b)
    Subject to subsection
    (a)
    above no owner or operator of
    a stationary storage tank shall cause or allow the
    storage of any volatile petroleum liquid in the tank
    unless:
    1)
    The tank is equipped with one of the vapor loss
    control devices specified in Section 215.121(b) p1
    this Part
    2)
    There are no visible holes, tears or other defects
    in the seal or any seal fabric or
    material of any
    floating roof;
    3)
    All openings of any floating roof deck,
    except
    stub drains, are equipped with covers,
    lids or
    seals such that:
    A)
    The cover, lid or seal is in the closed
    position at all times except when petroleum
    liquid is transferred to or from the tank;
    134—203

    28
    B)
    Automatic bleeder vents are closed at all
    times except when the roof is floated off or
    landed on the roof leg supports; and
    C)
    Rim vents,
    if provided, are set to open when
    the roof is being floated off the roof leg
    supports or at the manufacturer’s recommended
    setting;
    4)
    Routine inspections of floating roof seals are
    conducted through roof hatches once every six
    months;
    5)
    A complete inspection of the cover and seal of any
    floating roof tank is made whenever the tank
    is
    emptied for reasons other than the transfer of
    petroleum liquid during the normal operation of
    the tank,
    or whenever repairs are made as a result
    of any semiannual inspection or incidence of roof
    damage or defect; and
    6)
    A record of the results of each inspection
    conducted under subsection
    (b) (4) or
    (b) (5) above
    is maintained.
    c)
    Owners and operators of petroleum liquid storage tanks
    were required to have compliance schedules as
    summarized in Appendix C of this Part.
    (Source:
    Amended at 16 Ill.
    Reg.
    __________________,
    effective
    SUBPART Y:
    GASOLINE DISTRIBUTION
    Section 215.583
    Gasoline Dispensing Facilities
    Storage Tank
    Filling Operations
    a)
    Subject to subsection
    (b)
    below, no person shall cause
    or allow the transfer of gasoline from any delivery
    vessel into any stationary storage tank at a gasoline
    dispensing facility unless:
    1)
    The tank is equipped with a submerged loading
    pipe; and
    2)
    The vapors displaced from the storage tank during
    filling are processed by a vapor control system
    that includes one or more of the following:
    A)
    A vapor collection system that meets the
    requirements of subsection
    (d) (4) below
    or
    134—204

    29
    B)
    A refrigeration—condensation system or any
    other system approved by the Agency that
    recovers at least 90 percent by weight of all
    vaporized organic material from the equipment
    being controlled;
    and.
    C)
    The delivery vessel displays the appropriate
    sticker pursuant to the requirements of
    Section 215.584(b) or
    (d)
    of this Part.
    b)
    The requirements of subsection
    (a) (2)
    above shall not
    apply to transfers of gasoline to a stationary storage
    tank at a gasoline dispensing facility if:
    1)
    The tank is equipped with a floating roof or other
    system of equal or better emission control as
    approved by the Agency;
    2)
    The tank has a capacity of less than 2000 gallons
    and is in place and operating before January
    1,
    1979;
    3)
    The tank has a capacity of less than 575 gallons;
    or
    4)
    The tank is not located in any of the following
    counties:
    Boone, Peoria, Rock Island, Tazewell,
    or Winnebago.
    c)
    Subject to subsection
    (b)
    above,
    each owner of a
    gasoline dispensing facility shall:
    1)
    Install all control systems and make all process
    modifications required by subsection
    (a) above
    2)
    Provide instructions to the operator of the
    gasoline dispensing facility describing necessary
    maintenance operations and procedures for prompt
    notification of the owner
    in case of any
    malfunction of a vapor control system; and
    3)
    Repair, replace or modify any worn out or
    malfunctioning component or element of design.
    ci)
    Subject to subsection
    (b)
    above, each operator of a
    gasoline dispensing facility shall:
    1)
    Maintain and operate each vapor control system in
    accordance with the owner’s instructions;
    2)
    Promptly notify the owner of any scheduled
    maintenance or malfunction requiring replacement
    134—205

    30
    or repair of a major component of a vapor control
    system;
    3)
    Maintain gauges, meters or other specified testing
    devices in proper working order;
    4)
    Operate the vapor collection system and delivery
    vessel unloading points in a manner that prevents:
    A)
    A reading equal to or greater than 100
    percent of the lower explosive limit
    (LEL
    measured as propane) when tested in
    accordance with the procedure described in
    EPA 450/2-78-051 Appendix B, and
    B)
    Avoidable leaks of liquid during the filling
    of storage tanks; and
    5)
    Within 15 business days after discovery of the
    leak by the owner, operator,
    or the Agency,
    repair
    and retest
    a vapor collection system which exceeds
    the limits of subsection
    (d) (4) (A)
    above.
    e)
    Gasoline dispensing facilities were required to take
    certain actions to achieve compliance which are
    summarized in Appendix C of this Part.
    (Source:
    Amended at 16
    Ill. Reg.
    ________,
    effective
    134—206

    31
    TITLE 35:
    ENVIRONMENTAL PROTECTION
    SUBTITLE B:
    AIR POLLUTION
    CHAPTER I:
    POLLUTION CONTROL BOARD
    SUBCHAPTER c:
    EMISSIONS STANDARDS
    AND
    LIMITATIONS FOR
    STATIONARY SOURCES
    PART 218
    ORGANIC MATERIAL EMISSION STANDARDS AND LIMITATIONS
    FOR THE CHICAGO
    AREA
    SUBPART A:
    GENERAL PROVISIONS
    Section
    218.100
    218.101
    218. 102
    218.103
    218. 104
    218.105
    218.106
    218. 107
    218. 108
    218. 109
    218.110
    218.111
    218.112
    Introduction
    Clean—up and Disposal Operations
    Abbreviations and Conversion Factors
    Applicability
    Definitions
    Test Methods and Procedures
    Compliance Dates
    Afterburners
    Exemptions,
    Variations, and Alternative Means of
    Control or Compliance Determinations
    Vapor Pressure of Volatile Organic Liquids
    Vapor Pressure of Organic Material or Solvents
    Vapor Pressure of Volatile Organic Material
    Incorporations by Reference
    SUBPART B:
    ORGANIC EMISSIONS FROM STORAGE
    AND
    LOADING OPERATIONS
    Section
    218.121
    218.122
    218. 123
    218.124
    218. 125
    218.126
    Storage Containers
    Loading Operations
    Petroleum Liquid Storage Tanks
    External Floating Roofs
    Compliance Dates
    Compliance Plan
    SUBPART C:
    ORGANIC EMISSIONS FROM MISCELLANEOUS EQUIPMENT
    Section
    218. 141
    218.142
    218.143
    218. 144
    Separation Operations
    Pumps and Compressors
    Vapor Blowdown
    Safety Relief Valves
    SUBPART E:
    SOLVENT CLEANING
    Solvent Cleaning in General
    Cold Cleaning
    Open Top Vapor Degreasing
    Section
    218.181
    218. 182
    218.183
    134—207

    32
    218.184
    218.185
    218.186
    Section
    218.204
    218.205
    218.206
    218.207
    218
    .
    208
    218.209
    218.210
    218. 211
    Section
    218
    .
    301
    218. 302
    218. 303
    218.304
    Section
    218.401
    218.402
    218 .403
    218
    .
    404
    218.405
    Conveyorized Degreasing
    Compliance Schedule
    Test Methods
    SUBPART
    F:
    COATING OPERATIONS
    Emission Limitations for Manufacturing Plants
    Daily-Weighted Average Limitations
    Solids Basis Calculation
    Alternative Emission Limitations
    Exemptions from Emission Limitations
    Exemption from General Rule on Use of Organic Material
    Compliance Schedule
    Recordkeeping and Reporting
    SUBPART G:
    USE OF ORGANIC MATERIAL
    Use of Organic Material
    Alternative Standard
    Fuel Combustion Emission Sources
    Operations with Compliance Program
    SUBPART H:
    PRINTING AND PUBLISHING
    Flexographic and Rotogravure Printing
    Applicability
    Compliance Schedule
    Recordkeeping and Reporting
    Heatset Web Offset Lithographic Printing
    SUBPART
    Q:
    LEAKS FROM SYNTHETIC ORGANIC CHEMICAL AND POLYMER
    MANUFACTURING EQUIPMENT
    Section
    218.421
    218.422
    218.423
    218.424
    218.425
    218.426
    218.427
    218.428
    218.429
    218.430
    Section
    General Requirements
    Inspection Program Plan for Leaks
    Inspection Program for Leaks
    Repairing Leaks
    Recordkeeping for Leaks
    Report for Leaks
    Alternative Program for Leaks
    Open-ended Valves
    Standards for Control Devices
    Compliance Date
    SUBPART R:
    PETROLEUM REFINING AND RELATED
    INDUSTRIES; ASPHALT MATERIALS
    134—208

    33
    218.441
    218.442
    218.443
    218.444
    218.445
    218.446
    218.447
    218.448
    218.449
    218.450
    218.451
    218.452
    218.453
    Petroleum Refinery Waste Gas Disposal
    Vacuum’ Producing Systems
    Wastewater (Oil/Water) Separator
    Process Unit Turnarounds
    Leaks:
    General Requirements
    Monitoring Program Plan for Leaks
    Monitoring Program for Leaks
    Recordkeeping for Leaks
    Reporting for Leaks
    Alternative Program for Leaks
    Sealing Device Requirements
    Compliance Schedule for Leaks
    Compliance Dates
    Section
    218.480
    218.481
    SUBPART
    5:
    RUBBER AND MISCELLANEOUS PLASTIC PRODUCTS
    Manufacture of Pneumatic Rubber Tires
    Green Tire Spraying Operations
    Alternative Emission Reduction Systems
    Emission Testing
    Compliance Dates
    Compliance Plan
    SUBPART T:
    PHARMACEUTICAL MANUFACTURING
    Applicability of Subpart T
    Control of Reactors, Distillation Units,
    Crystallizers,
    Centrifuges and Vacuum Dryers
    218.482
    Control of Air Dryers, Production Equipment Exhaust
    Systems and Filters
    Material Storage and Transfer
    In-Process Tanks
    Leaks
    Other Emission Sources
    Testing
    Monitoring and Recordkeeping for Air Pollution Control
    Equipment
    218.489
    Recordkeeping for Air Pollution Control Equipment
    SUBPART V:
    AIR OXIDATION PROCESSES
    Definitions
    Emission Limitations for Air Oxidation Processes
    Testing and Monitoring
    Compliance Date
    SUBPART W:
    AGRICULTURE
    Section
    218.461
    218.462
    218.463
    218.464
    218.465
    218.466
    218.483
    218.484
    218.485
    218.486
    218.487
    218.488
    Section
    218.521
    218.525
    218.526
    218.527
    Section
    134—209

    34
    218.541
    Pesticide Exception
    SUBPART X:
    CONSTRUCTION
    Section
    218.561
    218.562
    218.563
    Architectural Coatings
    Paving Operations
    Cutback Asphalt
    SUBPART
    1:
    GASOLINE DISTRIBUTION
    Section
    218.581
    218.582
    218.583
    218.584
    218.585
    218.586
    Bulk Gasoline Plants
    Bulk Gasoline Terminals
    Gasoline Dispensing Facilities— Storage
    Operations
    Gasoline Delivery Vessels
    Gasoline Volatility Standards
    Gasoline Dispensing Facilities
    ——
    Motor
    Operations
    Tank Filling
    Vehicle Fueling
    SUBPART
    Z:
    DRY
    CLEANERS
    Section
    218.601
    218.602
    218.603
    218.604
    218.605
    218.606
    218.607
    218
    .
    608
    218
    .
    609
    218.610
    218.611
    218.612
    218.613
    Perchloroethylene Dry Cleaners
    Exemptions
    Leaks
    Compliance Dates
    Compliance Plan
    Exception to Compliance Plan
    Standards for Petroleum Solvent Dry Cleaners
    Operating Practices for Petroleum Solvent Dry
    Program for Inspection and Repair of Leaks
    Testing and Monitoring
    Exemption for Petroleum Solvent Dry Cleaners
    Compliance Dates
    Compliance Plan
    Cleaners
    SUBPART
    AM
    PAINT
    AND
    INK
    MANUFACTURING
    Section
    218.620
    218.621
    218 .623
    218. 624
    218.625
    218.626
    218.628
    218.630
    218.636
    218.637
    Applicability
    Exemption for Waterbase Material and Heatset Offset Ink
    Permit Conditions
    Open-top Mills, Tanks, Vats or Vessels
    Grinding Mills
    Storage Tanks
    Leaks
    Clean Up
    Compliance Schedule
    Recordkeeping and Reporting
    13 4—210

    35
    Section
    218.875
    218.877
    218.879
    218.881
    218.883
    218.886
    Section
    218.920
    218.
    923
    218.926
    218.927
    218.928
    SUBPART BB:
    POLYSTYRENE PLANTS
    Applicability of Subpart BB
    Emissions Limitation at Polystyrene Plants
    Compliance Date
    Compliance Plan
    Special Requirements for Compliance Plan
    Emissions Testing
    SUBPART PP:
    MISCELLANEOUS FABRICATED PRODUCT
    MANUFACTURING PROCESSES
    Applicability
    Permit Conditions
    Control Requirements
    Compliance Schedule
    Testing
    SUBPART
    QQ:
    MISCELLANEOUS
    FORMULATION
    MANUFACTURING
    PROCESSES
    Section
    218.940
    218.943
    218.946
    218.947
    218.948
    Section
    218.960
    218.963
    218.966
    218.967
    218 .968
    Section
    218.980
    218.983
    218.986
    218.987
    218.988
    Applicability
    Permit Conditions
    Control Requirements
    Compliance Schedule
    Testing
    SUBPART RR:
    MISCELLANEOUS ORGANIC CHEMICAL
    MANUFACTURING PROCESSES
    Applicability
    Permit Conditions
    Control Requirements
    Compliance Schedule
    Testing
    SUBPART TT:
    OTHER EMISSION SOURCES
    Applicability
    Permit Conditions
    Control Requirements
    Compliance Schedule
    Testing
    SUBPART
    UiJ:
    RECORDKEEPING AND REPORTING FOR
    NON-CTG SOURCES
    Exempt Emission Sources
    Subject Emission Sources
    Section
    218.990
    218.991
    134—211

    36
    218.Appendix A:
    List of Chemicals Defining Synthetic Organic
    Chemical and Polymer Manufacturing
    2l8.Appendix B:
    VOM Measurement Techniques for Capture
    Efficiency
    2l8.Appendix C:
    Reference Methods and Procedures
    218.Appendix D:
    Coefficients for the Total Resource
    Effectiveness Index
    (TRE)
    Equation
    AUTHORITY:
    Implementing Section 10 and authorized by Section
    28.2 of the Environmental Protection Act
    (Ill. Rev.
    Stat.
    1991,
    ch.
    111 1/2, pars.
    1010 and 1028.2)
    SOURCE:
    Adopted in R91-7 at 15
    Ill.
    Reg.
    12231,
    effective August
    16,
    1991; amended.in R9l-30 at 16
    Ill. Reg.
    ________,
    effective
    SUBPART Y:
    GASOLINE DISTRIBUTION
    Section 218.583
    Gasoline Dispensing Facilities
    Storage Tank
    Filling Operations
    a)
    Subject to subsection
    (b)
    below, no person shall cause
    or allow the transfer of gasoline from any delivery
    vessel into any stationary storage tank at a gasoline
    dispensing facility unless:
    1)
    The tank is equipped with a submerged loading
    pipe; and
    2)
    The vapors displaced from the storage tank during
    filling are processed by a vapor control system
    that includes one or more of the following:
    A)
    A vapor collection system that meets the
    requirements of subsection
    (d) (4) below or
    B)
    A refrigeration—condensation system or any
    other system approved by the Agency and
    approved by the USEPA as a SIP revision, that
    recovers~,at least 90 percent by weight of all
    vaporized organic material from the equipment
    being controlled; and
    C)
    The delivery vessel displays the appropriate
    sticker pursuant to the requirements of
    Section 218.584(b)
    or
    (d)
    of this Part.
    b)
    The requirements of subsection
    (a) (2)
    above shall not
    apply to transfers of gasoline to a stationary storage
    tank at a gasoline dispensing facility if:
    134—2 12

    37
    1)
    The tank is equipped with a floating roof, or
    other system of equal or better emission control
    approved by the Agency and approved by the USEPA
    as a SIP revision;
    2)
    The tank has a capacity of less than 2000 gallons
    and was in place and operating before January 1,
    1979; or
    3)
    The tank has a capacity of less than 575 gallons.
    c)
    Subject to subsection
    (b)
    above, each owner of a
    gasoline dispensing facility shall:
    1)
    Install all control systems and make all process
    modifications required by subsection
    (a) above
    2)
    Provide instructions to the operator of the
    gasoline dispensing facility describing necessary
    maintenance operations and procedures for prompt
    notification of the owner in case of any
    malfunction of a vapor control system; and
    3)
    Repair, replace or modify any worn out or
    malfunctioning component or element of design.
    d)
    Subject to subsection
    (b)
    above,
    each operator of a
    gasoline dispensing facility shall:
    1)
    Maintain and operate each vapor control system in
    accordance with the owner’s instructions;
    2)
    Promptly notify the owner
    of’ any scheduled
    maintenance or malfunction requiring replacement
    or repair of a major component of a vapor control
    system;
    3)
    Maintain gauges, meters or other specified testing
    devices in proper working order;
    4)
    Operate the vapor collection system and delivery
    vessel unloading points in a manner that prevents:
    A)
    A reading equal to or greater than 100
    percent of the lower explosive limit
    (LEL
    measured as propane) when tested in
    accordance with the procedure described in
    EPA 450/2-78-051 Appendix B, and
    B)
    Avoidable leaks of liquid during the filling
    of storage tanks;
    and
    134—2
    13

    38
    5)
    Within
    15 business days after discovery of the
    leak by the owner,
    operator, or the Agency,
    repair
    and retest a vapor collection system which ‘exceeds
    the limits of subsection
    (d) (4) (A)
    above.
    e)
    Gasoline dispensing facilities were required to take
    certain actions to achieve compliance which are
    summarized in 35 Ill.
    Adm. Code 215,-~AppendixC.
    (Source:
    Amended at
    _________
    Ill.
    Reg.
    _________,
    effective
    Section 218.586
    Gasoline Dispensing Facilities
    -—
    Motor
    Vehicle Fueling Operations
    a)
    For the purposes of this section, the following
    definitions apply.
    1)
    Average Monthly Volume:
    The amount of motor
    vehicle fuel dispensed per month from a gasoline
    dispensing facility based upon a monthly average
    for the 2-year period of November,
    1990 through
    October,
    1992 or,
    if not available,
    the monthly
    average for the most recent twelve calendar
    months.
    Monthly averages are to include only
    those months when the facility was operating.
    2)
    Certified:
    Any vapor collectiOn and control
    system which has been tested and approved by CARB
    as having a vapor recovery and removal efficiency
    of at least 95
    (by weight)
    shall constitute
    a
    certified vapor collection and control system.
    CARB testing and approval
    is pursuant to the CARB
    manual, hereby incorporated by reference
    (California Air Resources Board,
    Compliance
    Division, Compliance Assistance Program:
    Facilities Phase
    I
    &
    II
    (October 1988, rev. March
    1991 CARB Manual)).
    This incorporation includes
    no later additions or amendments.
    3)
    Completion of installation:
    The successful
    passing of one or more of the following tests
    applicable to the installed vapor collection and
    control system:
    Dynamic Backpressure Test,
    Pressure Decay/Leak Test,
    and Liquid Blockage Test
    (United States Environmental Protection Agency,
    Washington D.C.,
    EPA—450/3—91—002b).
    These tests
    are hereby incorporated by reference.
    This
    incorporation includes no later additions or
    amendments.)
    134—214

    39
    4)
    Constructed:
    Fabricated,
    erected or installed;
    refers to any facility, emission source or air
    pollution control equipment.
    5)
    CARB:
    California Air Resources Board,
    P.O. Box
    2815,
    Sacramento, CA
    95812.
    6)
    Employee:
    Any person who performs work for an
    employer.
    7)
    Facility:
    Any building, structure,
    installation,
    operation or combination thereof located on
    contiguous properties and under common ownership
    that provides for the dispensing of motor vehicle
    fuel.
    8)
    Gasoline Dispensing Facility:
    Any facility where
    motor vehicle fuel is dispensed into motor vehicle
    fuel tanks or portable containers from a storage
    tank with a capacity of 2176 liters
    (575 gallons)
    or more.
    9)
    Modification:
    Any change, removal or addition,
    other than an identical replacement, of any
    component contained within the vapor collection
    and control system.
    10)
    Motor Vehicle:
    Any self-propelled vehicle powered
    by an internal combustion engine including, but
    not limited to, automobilesT
    trucks,and
    wptcrcrpft.
    Specifically excluded from this
    definition are watercraft and aircraft.
    11)
    Motor Vehicle Fuel:
    Any petroleum distillate
    having a Reid vapor pressure of more than 27.6
    kilopascals
    (kPa)
    (four pounds per square inch)
    and which is used to power motor vehicles.
    12)
    Owner or Operator:
    Any person who owns,
    leases,
    operates, manages, supervises or controls
    (directly or indirectly)
    a gasoline dispensing
    facility.
    13)
    Reid Vapor Pressure:
    For gasoline,
    it shall be
    measured in accordance with either the method ASTM
    D323 or a modification of ASTM D323 known as the
    “dry method” as set forth in 40 CFR 80, Appendix
    E, incorporated by references. in-35 Ill.
    Adm. Code
    215.
    105.
    14)
    Vapor
    Collection
    and
    Control
    System:
    Any,
    system
    certified by CARB which limits the discharge to
    13
    4—215

    40
    the atmosphere of motor vehicle fuel vapors
    displaced during the dispensing of motor vehicle
    fuel into motor vehicle fuel tanks.
    b)
    The provisions of subsection
    (c) below of this Ccction
    shall apply to any gasoline dispensing facility which
    dispenses an average monthly volume of more than 10,000
    gallons of motor vehicle fuel per month.
    Compliance
    shall be demonstrated in accordance with the schedule
    provided in subsection
    (d) below of thi3 Ccction.
    c)
    No owner or operator of a gasoline dispensing facility
    subject to the requirements of subsection
    (b)
    above e#
    thi3 Ccction shall cause or allow the dispensing of
    motor vehicle fuel at any time from a motor fuel
    dispenser unless all fuel diopencing operationD arc
    ~
    dispenser is equipped with and utilize~a vapor
    collection and control system which is properly
    installed and operated as provided below:
    1)
    Ne ~jjyvapor collection and control system ~ha1l
    be
    installed, used or maintained un1cs~thc ~y~tcm
    has been tc3tcd and CARB certified.
    2)
    Any vapor collection and control system utilized
    ohall be is maintained in accordance with the
    manufacturer’s specifications and the
    certification.
    3)
    No elements or components of a vapor collection
    and control system shall bc ~
    modified,
    removed,
    replaced or otherwise rendered inoperative in a
    manner which prevents the system from performing
    in accordance with its certification and design
    specifications.
    4)
    A vapor collection and control system shall not bc
    opcrated with has no defective, malfunctioning or
    missing components.
    5)
    Operators and employees of the gasoline dispensing
    facility øhall be are trained and instructed in
    the proper operation and maintenance of a vapor
    collection and control system.
    6)
    Instructions ohall be ~
    posted in a conspicuous
    and visible place within the motor fuel dispensing
    area and ohall describe the proper method of
    dispensing motor vehicle fuel with the use of the
    vapor collection and control system.
    13
    4—216

    41
    d)
    In conlunction with the compliance provisions of
    Section 218.105 of this Part, ~acilities
    subject to
    the requirements of subsection
    (C)
    above of thio
    Section shall demonstrate compliance according
    t.o the
    following:
    1)
    Facilities that commenced construction after
    November
    1,
    1990, must comply by May 1,
    1993.
    2)
    Facilities that commenced construction before
    November
    1,
    1990, and dispense an average monthly
    volume of more than 100,000 gallons of motor fuel
    per month,- must comply by November 1,
    1993.
    3)
    All other fFacilities that commenced construction
    before November
    1,
    1990,
    and dispense an average
    monthly volume of less than 100,000 gallons of
    motor fuel per month must comply by November
    1,
    1994.
    4)
    New facilities constructed after the adoption of
    this Section shall comply with the requirements of
    subsection
    (c) above of thio Section upon startup
    of the facility.
    5)
    Existing facilities previously exempted from but
    which become subject to the requirements of
    subsection
    (c)
    above of thio Section after
    May 1,
    1993 shall comply with the requirements of
    subsection
    (c)
    above of thio Section within six
    calendar months of the date from which the
    facility becomes subject.
    e)
    Any gasoline dispensing facility that becomes subject
    to the provisions of subsection
    (c)
    above of thio
    Section at any time shall remain subject to the
    provisions of subsection
    (C)
    above of thie Section at
    all times.
    f)
    Upon request by the Agency, the owner or operator of a
    gasoline dispensing facility which claims to be exempt
    from the requirements of this Section shall submit
    records to the Agency within 30 calendar days from the
    date of the request which demonstrate that the gasoline
    dispensing facility is in fact exempt.
    g)
    Recordkeeping and reporting:
    1)
    Any gasoline dispensing facility subject to
    subsection
    (c)
    above of thio Ccction shall retain
    at the facility copies of all rccordo and reporto
    adequate to clearly dcmonotratc: the registration
    134—2 17

    42
    information required at subsection
    (h)
    below e#
    thio oection.
    A)
    That a certified vapor collection and control
    system has becn installed and teoted to
    verify it~performance according to ito
    specificati-on~.
    B
    That proper maintenance hac been conducted in
    accordance with the manufacturer’s
    opccifioationo and rcquircmcnto.
    The time period and duration of all
    malfunotiono of the vapor collection and
    C)
    control oyotcm.
    D)
    The motor vehicle fuel throughput of the
    facility for each calendar month of the
    previouri year.
    That operatoro and cmpboyceo arc trained and
    E)
    inotructed
    in
    the-proper
    operation
    and
    maintenance
    of
    the
    vapor
    collection and
    control oyotem and informed ao to the
    rcnaltico aocociated with the violation of
    nrc~yj~’jpn3
    or tni~~cuticn.
    2)
    Records and reports required pursuant to this
    subsection shall be made available to the Agency
    upon request.
    Records and reports which shall be
    maintained by the owner or operator of the
    gasoline dispensing facility shall clearly
    demonstrate:
    ~j
    That a certified vapor collection and control
    system has been installed and tested to
    verify its performance according to its
    specifications.
    ~j
    That proper maintenance has been conducted in
    accordance with the manufacturer’s
    specifications and requirements.
    çj
    The time period and duration of all
    malfunctions of the vapor collection and
    control system.
    ~j
    The motor vehicle fuel throughput of the
    facility for each calendar month of the
    previous year.
    13 4—2 18

    43
    ~j
    That operators and employees are trained and
    instructed in the proper operation and
    maintenance of the vapor collection and
    control system and informed as to the
    potential penalties associated with the
    violation of any provision of this Section.
    h)
    Any gasoline dispensing facility subject to subsection
    (c)
    above of this Section shall be j~exempt from the
    permit requirements specified under 35 Ill. Adm. Code
    Sections 201.142, 201.143 and 201.144 for its vapor
    collection and control systems, provided that:
    1)
    Upon the installation of a vapor collection and
    control system, the owner or operator of the
    gasoline dispensing facility shall submit.~to the
    Agency a registration which provides at minimum
    the facility name and address, signature of the
    owner or operator, the
    CARB
    Executive Order Number
    for the vapor collection and control system to be
    utilized, the number of nozzles
    (excluding diesel
    or kerosene) used for motor vehicle refueling, the
    monthly average volume of motor vehicle fuel
    dispensed, the location
    (including contact
    person’s name, address, and telephone number) of
    records
    arid reports reguired by this Section, and
    the date of completion of installation of the
    vapor collection and control system.
    “Completion
    of installation” includes the successful passing
    of vapor leakage and blockage tests as specified
    by CAlm.
    2)
    The registration must be j~‘submitted to the
    Agency within 30 days of completion of such
    installation.
    fl
    A copy of the registration information shall be is
    maintained at the gasoline dispensing facility.
    j)
    Upon the modification of an existing vapor
    collection and control system, the owner or
    operator of the gasoline dispensing facility shall
    submit~to the Agency a registration form that
    details the changes to the information provided in
    the previous registration of the vapor collection
    and control system and which includes the
    signature of the owner or operator.
    The
    registration must be submitted to the Agency
    within 30 days of completion of such modification.
    (Source:
    Added at
    _____
    Ill. Reg.
    _______,
    effective
    ______________________________________________________________ )
    134—219

    44
    TITLE 35:
    ENVIRONMENTAL PROTECTION
    SUBTITLE
    B:
    AIR POLLUTION
    CHAPTER
    I:
    POLLUTION CONTROL BOARD
    SUBCHAPTER
    C:
    EMISSIONS STANDARDS
    AND
    LIMITATIONS FOR STATIONARY SOURCES
    PART 219
    ORGANIC MATERIAL EMISSION STANDARDS AND LIMITATIONS
    FOR THE METRO EAST
    AREA
    SUBPART A:
    GENERAL PROVISIONS
    Section
    219.100
    Introduction
    219.101
    Clean-up and Disposal Operations
    ‘219.102
    Abbreviations and Conversion Factors
    219. 103
    Applicability
    219.104
    Definitions
    219.105
    Test Methods and Procedures
    219.106
    Compliance Dates
    219.107
    Afterburners
    219.108
    Exemptions,
    Variations, and Alternative Means of
    Control or Compliance Determinations
    219.109
    Vapor Pressure of Volatile Organic Liquids
    219.110
    Vapor Pressure of Organic Material or Solvents
    219.111
    Vapor Pressure of Volatile Organic Material
    219.112
    Incorporations by Reference
    SUBPART
    B:
    ORGANIC EMISSIONS FROM STORAGE AND LOADING OPERATIONS
    Section
    219.121
    Storage Containers
    219.122
    Loading Operations
    219.123
    Petroleum Liquid Storage Tanks
    219.124
    External Floating Roofs
    219.125
    Compliance Dates
    219.126
    Compliance Plan
    SUBPART C:
    ORGANIC EMISSIONS FROM MISCELLANEOUS EQUIPMENT
    Section
    219.141
    Separation Operations
    219.142
    Pumps and Compressors
    219.143
    Vapor Blowdown
    219.144
    Safety Relief Valves
    SUBPART
    E:
    SOLVENT
    CLEANING
    Section
    219.181
    Solvent Cleaning in General
    219.182
    Cold Cleaning
    219.183
    Open Top Vapor Degreasing
    134— 220

    45
    219.184
    219.185
    219.186
    Section
    219.204
    219.205
    219.206
    219.207
    219.208
    219.209
    219.210
    219.211
    SUBPART
    Conveyorized Degreasing
    Compliance Schedule
    Test Methods
    SUBPART
    F:
    COATING OPERATIONS
    Emission Limitations for Manufacturing Plants
    Daily-Weighted Average Limitations
    Solids Basis Calculation
    Alternative Emission Limitations
    Exemptions from Emission Limitations
    Exemption from General Rule on Use of Organic Material
    Compliance Schedule
    Recordkeeping and Reporting
    SUBPART G:
    USE OF ORGANIC MATERIAL
    Use of Organic Material
    Alternative Standard
    Fuel Combustion Emission Sources
    Operations with Compliance Program
    SUBPART
    H:
    PRINTING AND PUBLISHING
    Flexographic and Rotogravure Printing
    Applicability
    Compliance Schedule
    Recordkeeping and Reporting
    Heatset Web Offset Lithographic Printing
    Q:
    LEAKS FROM SYNTHETIC ORGANIC CHEMICAL AND POLYMER
    MANUFACTURING
    EQUIPMENT
    SUBPART R:
    PETROLEUM REFINING AND RELATED INDUSTRIES;
    ASPHALT MATERIALS
    Section
    ~19.441
    Petroleum Refinery Waste Gas Disposal
    Section
    219.301
    219.302
    219.303
    219. 304
    Section
    219.401
    219.402
    219.403
    219.404
    219.405
    Section
    219.421
    219.422
    219.423
    219.424
    219.425
    219.426
    219.427
    219.428
    219.
    429
    219.430
    General Requirements
    Inspection Program Plan for Leaks
    Inspection Program for Leaks
    Repairing Leaks
    Recordkeeping for Leaks
    Report for Leaks
    Alternative Program for Leaks
    Open-ended Valves
    Standards for ,Control Devices
    Compliance Date
    134—22
    1.

    46
    219.442
    219.443
    219.444
    219.445
    219.446
    219.447
    219.448
    219.449
    219.450
    219.451
    219.452
    219.453
    Vacuum Producing Systems
    Wastewater
    (Oil/Water) Separator
    Process Unit Turnarounds
    Leaks:
    General Requirements
    Monitoring Program Plan for Leaks
    Monitoring Program for Leaks
    Recordkeeping for Leaks
    Reporting for Leaks
    Alternative Program for Leaks
    Sealing Device Requirements
    Compliance Schedule for Leaks
    Compliance Dates
    Section
    219.480
    219.481
    SUBPART
    5:
    RUBBER AND MISCELLANEOUS PLASTIC PRODUCTS
    Manufacture of Pneumatic Rubber Tires
    Green Tire ‘Spraying Operations
    Alternative Emission Reduction Systems
    Emission Testing
    Compliance Dates
    Compliance Plan
    SUBPART
    T:
    PHARMACEUTICAL MANUFACTURING
    Applicability of Subpart T
    Control of Reactors, Distillation Units,
    Crystallizers,
    Centrifuges and Vacuum Dryers
    219.482
    Control of Air Dryers, Production Equipment Exhaust
    Systems and Filters
    Material Storage and Transfer
    In—Process Tanks
    Leaks
    Other Emission Sources
    Testing
    Monitoring and Recordkeeping for Air Pollution Control
    Equipment
    219.489
    Recordkeeping for Air Pollution Control Equipment
    SUBPART V:
    AIR OXIDATION PROCESSES
    Definitions
    Emission Limitations for Air Oxidation Processes
    Testing and Monitoring
    Compliance Date
    SUBPART
    W:
    AGRICULTURE
    Section
    219.541
    Pesticide Exception
    Section
    219.461
    219.462
    219. 463
    219.464
    219.465
    219.466
    219.483
    219.484
    219.485
    219.486
    219.487
    219.488
    Section
    219.521
    219.525
    219.526
    219.527
    134—222

    47
    SUBPART X:
    CONSTRUCTION
    Section
    219.561
    219.562
    219.563
    Section
    219.581
    219 .582
    219. 583
    219.584
    219.585
    219.586
    Section
    219. 601
    219. 602
    219.
    603
    219. 604
    219.605
    219.606
    219.607
    219.608
    219.
    609
    219. 610
    219.611
    219.612
    219. 613
    Sect ion
    219.620
    219.. 621
    219.
    623
    219.624
    219.625
    219. 626
    219.628
    219.630
    219.636
    219.637
    Architectural Coatings
    Paving Operations
    Cutback Asphalt
    SUBPART Y:
    GASOLINE DISTRIBUTION
    Bulk Gasoline Plants
    Bulk Gasoline Terminals
    Gasoline Dispensing Facilities— Storage Tank Filling
    Operations
    Gasoline Delivery Vessels
    Gasoline Volatility Standards
    Gasoline Dispensing Facilities
    -
    Motor Vehicle Fueling
    Operations
    SUBPART
    Z:
    DRY CLEANERS
    Perchloroethylene Dry Cleaners
    Exemptions
    Leaks
    Compliance Dates
    Compliance Plan
    Exception to Compliance Plan
    Standards for Petroleum Solvent Dry Cleaners
    Operating Practices for Petroleum Solvent Dry Cleaners
    Program for Inspection and Repair of Leaks
    Testing and Monitoring
    Exemption for Petroleum Solvent Dry Cleaners
    Compliance Dates
    Compliance Plan
    SUBPART AA:
    PAINT
    AND
    INK MANUFACTURING
    Applicability
    Exemption for Waterbase Material and Heatset Offset Ink
    Permit Conditions
    Open-top Mills, Tanks, Vats or Vessels
    Grinding Mills
    Storage Tanks
    Leaks
    Clean Up
    Compliance Schedule
    Recordkeeping
    and
    Reporting
    SUBPART
    BB:
    POLYSTYRENE
    PLANTS
    134—223

    48
    Section
    219.875
    219.877
    219.879
    219.881
    219.883
    219.886
    Section
    219.920
    219. 923
    219.926
    219.927
    219.928
    Applicability of Subpart BB
    Emissions Limitation at Polystyrene Plants
    Compliance Date
    Compliance Plan
    Special Requirements for Compliance Plan
    Emissions Testing
    SUBPART PP:
    MISCELLANEOUS FABRICATED PRODUCT
    MANUFACTURING PROCESSES
    Applicability
    Permit Conditions
    Control Requirements
    Compliance Schedule
    Testing
    SUBPART
    QQ:
    MISCELLANEOUS
    FORMULATION
    MANUFACTURING
    PROCESSES
    Section
    219.940
    219.943
    219.946
    219.947
    219.948
    Section
    219.960
    219.963
    219.966
    219.967
    219.968
    Section
    219.980
    219.983
    219.986
    219.987
    219.988
    Applicability
    Permit Conditions
    Control Requirements
    Compliance Schedule
    Testing
    SUBPART
    RR:
    MISCELLANEOUS ORGANIC CHEMICAL
    MANUFACTURING
    PROCESSES
    Applicability
    Permit Conditions
    Control Requirements
    Compliance Schedule
    Testing
    SUBPART TT:
    OTHER EMISSION SOURCES
    Applicability
    Permit Conditions
    Control Requirements
    Compliance Schedule
    Testing
    SUBPART
    UtJ:
    RECORDKEEPING
    AND
    REPORTING
    FOR
    NON-CTG
    SOURCES
    Section
    219.990
    219.991
    Exempt Emission Sources
    Subject Emission Sources
    134—224

    49
    219.Appendix A:
    List of Chemicals Defining Synthetic Organic
    Chemical and Polymer Manufacturing
    219.Appendix B:
    VON Measurement Techniques for Capture
    Efficiency
    219.Appendix C:
    Reference Methods and Procedures
    219.Appendix D:
    Coefficients for the Total Resource
    Effectiveness Index
    (TRE)
    Equation
    AUTHORITY:
    Implementing Section 10 and authorized by Section
    28.2 of the Environmental Protection Act
    (Ill. Rev.
    Stat.
    1991,
    ch.
    111 1/2, pars.
    1010 and 1028.2).
    SOURCE:
    Adopted in R91-8 at 15 Ill.
    Reg.
    12491,
    effective August
    16,
    1991; amended in R91—30 at
    16 Ill. Reg.
    ______________
    SUBPART
    Y:
    GASOLINE DISTRIBUTION
    Section 219.583
    Gasoline Dispensing Facilities
    Storage Tank
    Filling Operations
    a)
    Subject to subsection
    (b)
    below, no person shall cause
    or allow the transfer of gasoline from any delivery
    vessel into any stationary storage tank at
    a gasoline
    dispensing facility unless:
    1)
    The tank is equipped with a submerged loading
    pipe;
    and
    2)
    The vapors displaced from the storage tank during
    filling are processed by a vapor control system
    that includes one or more of the following:
    A)
    A vapor collection system that meets the
    requirements of subsection
    (d) (4) below
    or
    B)
    A refrigeration—condensation system or any
    other system approved by the Agency and
    approved by the USEPA as a SIP revision, that
    recovers at least 90 percent by weight of all
    vaporized organic material from the equipment
    being controlled; and
    C)
    The delivery vessel displays the appropriate
    sticker pursuant to the requirements of
    Section 219.584(b)
    or
    (d)
    of this Part.
    b)
    The requirements of subsection
    (a) (2). above shall not
    apply to transfers of gasoline to a stationary storage
    tank at a gasoline dispensing facility if:
    1)
    The tank is equipped with a floating roof,
    or
    other system of equal or better emission control
    134—225

    50
    as approved by the Agency and approved by the
    USEPA as
    a SIP revision;
    2)
    The tank has a capacity of less than 2000 gallons
    and was in place and operating before January
    1,
    1979; or
    3)
    The tank has a capacity of less than 575 gallons.
    c)
    Subject to subsection
    (b)
    above, each owner of a
    gasoline dispensing facility shall:
    1)
    Install all control systems and make all process
    modifications required by subsection
    (a) above
    2)
    Provide instructions to the operator of the
    gasoline dispensing facility describing necessary
    maintenance operations and procedures for prompt
    notification of the owner in case of any
    malfunction of a vapor control system; and
    3)
    Repair, replace or modify any worn out or
    malfunctioning component or element of design.
    d)
    Subject to subsection
    (b)
    above,
    each operator of a
    gasoline dispensing facility shall:
    1)
    Maintain and operate each vapor control system in
    accordance with the owner’s instructions;
    2)
    Promptly notify the owner of any scheduled
    maintenance or malfunction requiring replacement
    or repair of a major component of a vapor control
    system;
    3)
    Maintain gauges, meters or other specified testing
    devices in proper working order;
    4)
    Operate the vapor collection system and delivery
    vessel unloading points in a manner that prevents:
    A)
    A reading equal to or greater than 100
    percent of the lower explosive limit
    (LEL
    measured as propane) when tested in
    accordance with the procedure described in
    EPA 450/2-78-051 Appendix B, and
    B)
    Avoidable leaks of liquid during the filling
    of storage tanks; and
    5)
    Within 15 business days after discovery of the
    leak by the owner,
    operator,
    or the Agency,
    repair
    134—226

    51
    and retest
    a vapor collection system which exceeds
    the limits of subsection
    (d) (4) (A)
    above.
    e)
    Gasoline dispensing facilities were”required to take
    certain actions to achieve compliance which are
    summarized in 35
    Ill. Adm. Code 2157—~AppendixC.
    (Source:
    Amended at
    ________
    Ill. Reg.
    ________,
    effective
    Section 219.586
    Gasoline Dispensing Facilities
    Motor
    Vehicle Fueling Operations
    a)
    For the purposes of this section, the following
    definitions apply.
    1)
    Average Monthly Volume:
    The amount of motor
    vehicle fuel dispensed per month from a gasoline
    dispensing facility based upon a monthly average
    for the 2-year period of November,
    1990 through
    October,
    1992 or,
    if not available, the monthly
    average for the most recent twelve calendar
    months.
    Monthly averages are to include only
    those months when the facility was operating.
    2)
    Certified:
    Any vapor collection and control
    system which has been tested and approved by CARB
    as having a vapor recovery and removal efficiency
    of at least 95
    (by weight)
    shall constitute a
    certified vapor collection and control system.
    CA.RB testing and approval is pursuant to the CARB
    manual, hereby incorporated by reference
    (California Air Resources Board,
    Compliance
    Division, Compliance Assistance Program:
    Facilities Phase
    I
    &
    II
    (October 1988,
    rev. March
    1991 CARB Manual)).
    This incorporation includes
    no later additions or amendments.
    3)
    Completion of installation:
    The successful
    passing of one or more of the following tests
    applicable to the installed vapor collection and
    control system:
    Dynamic Backpressure Test,
    Pressure Decay/Leak Test, and Liquid Blockage Test
    (United States Environmental Protection Agency,
    Washington D.C.,
    EPA—450/3—91-002b).
    These tests
    are hereby incorporated by reference.
    This
    incorporation includes no later additions or
    amendments.)
    4)
    Constructed:
    Fabricated,
    erected or installed;
    refers to any facility, emission source or air
    pollution control equipment.
    134—22 7

    52
    5)
    CARB:
    California Air Resources Board,
    P.O. Box
    2815, Sacramento,
    CA
    95812.
    6)
    Employee:
    Any person who performs work for an
    employer.
    7)
    Facility:
    Any building, structure,
    installation,
    operation or combination thereof located on
    contiguous properties and under common ownership
    that provides for the dispensing of motor vehicle
    fuel.
    8)
    Gasoline Dispensing Facility:
    Any facility where
    motor vehicle fuel
    is dispensed into motor vehicle
    fuel tanks or portable containers from a storage
    tank with a capacity of 2176 liters
    (575 gallons)
    or more.
    9)
    Modification:
    Any change, removal or addition,
    other than an identical replacement,
    of any
    component contained within the vapor collection
    and control system.
    10)
    Motor Vehicle:
    Any self—propelled vehicle powered
    by an internal combustion engine including,
    but
    not limited to,
    automobiles,- ~
    trucks,and
    watcrcraft.
    Specifically excluded from this
    definition are watercraft and aircraft.
    11)
    Motor Vehicle Fuel:
    Any petroleum distillate
    having a Reid vapor pressure of more than 27.6
    kilopascals
    (kPa)
    (four pounds per square inch)
    and which. is used to power motor vehicles.
    12)
    Owner or Operator:
    Any person who owns,
    leases,
    operates, manages, supervises or,controls
    (directly or indirectly)
    a gasoline dispensing
    facility.
    13)
    Reid Vapor Pressure:
    For gasoline,
    it shall be
    measured in accordance with either the method ASTM
    D323 or a modification of ASTM D323 known as the
    “dry method” as set forth in 40 CFR 80, Appendix
    E, incorporated by references in 35 Ill. Adm. Code
    215.105.
    14)
    Vapor Collection and Control System:
    Any system
    certified by CARB which limits the discharge to
    the atmosphere of motor vehicle fuel vapors
    displaced during the dispensing of motor vehicle
    fuel into motor vehicle fuel tanks.
    134—228

    53
    b)
    The provisions of subsection
    (C)
    below of this Section
    shall apply to any gasoline dispensing facility which
    dispenses an average monthly volume of more than 10,000
    gallons of motor vehicle fuel per month.
    Compliance
    shall be demonstrated in accordance with the schedule
    provided in subsection
    (d)
    below of this Section.
    c)
    .
    No owner or operator of a gasoline dispensing facility
    subject to the requirements of subsection
    (b) above e~#
    this Cectien shall cause or allow the dispensing of
    motor vehicle fuel at any time from a motor fuel
    dispenser unless all fuel dispensing operations are
    ~
    dispenser is equipped with and utilize~a vapor
    collection and control system which is properly
    installed and operated as provided below:
    1)
    Ne
    ~j~y
    vapor collection and control system shall
    be installed, used or maintained unless the system
    has been tested and CARB certified.
    2)
    Any vapor collection and control system utilized
    shall be is maintained in accordance with the
    manufacturer’s specifications and the
    certification.
    3)
    No elements or components of a vapor collection
    and control system shall be are modified, removed,
    replaced or otherwise rendered inoperative in a
    manner which prevents the system from performing
    in accordance with its certification and design
    specifications.
    4)
    A vapor collection and control system shall not ‘be
    operated with has
    rio defective, malfunctioning or
    missing components.
    5)
    Operators and employees of the gasoline dispensing
    facility shall be are trained and instructed in
    the proper operation and maintenance of a vapor
    collection and control system.
    6)
    Instructions shall be ~
    posted
    in a conspicuous
    and visible place within the motor fuel dispensing
    area and shall describe the proper method of
    dispensing motor vehicle fuel with the use of the
    vapor collection and control system.
    ci)
    In coniunction with the compliance provisions of
    Section 219.105 of this Part, ~acilities
    subject
    to the requirements of subsection
    (c)
    above
    e~
    this Section shall demonstrate compliance
    according to the following:
    134—229

    54
    1)
    Facilities that commenced construction after
    November
    1,
    1990, must comply by May 1,
    1993.
    2)
    Facilities that commenced construction before
    November 1,
    1990, and dispense an average monthly
    volume of more than 100,000 gallons of motor fuel
    per month,- must comply by November 1,
    1993.
    3)
    All othcr fZacilities that commenced construction
    before November
    1,
    1990, and dispense an average
    monthly volume of less than 100,000 gallons of
    motor fuel per month must comply by November 1,
    1994.
    4)
    New facilities constructed after the adoption of
    this Section shall comply with the requirements of
    subsection
    (c)
    above of this Section upon startup
    of the facility.
    5)
    Existing facilities previously exempted from but
    which become subject to the requirements of
    subsection
    (c)
    above of this Section after
    May 1,
    1993 shall comply with the requirements of
    subsection
    (c)
    above of this Section within six
    calendar months of the date from which the
    .facility becomes subject.
    e)
    Any gasoline dispensing facility that becomes subject
    to the provisions of subsection
    (c)
    above of this
    Section at any time shall remain subject to the
    provisions of subsection
    (C)
    above of this Section at
    all times.
    f)
    Upon request by the Agency, the owner or operator of a
    gasoline dispensing facility which claims to be exempt
    from the requirements of this Section shall submit
    records to the Agency within 30 calendar days from the
    date of the request which demonstrate that the gasoline
    dispensing facility is in fact exempt.
    g)
    Recordkeeping and reporting:
    1)
    Any gasoline dispensing facility subject to
    subsection
    (c)
    above of this Section shall retain
    at the facility copies of all records and reports
    adequate to clearly demonstrates the registration
    information required at subsection
    (h)
    below e~#
    this section.
    A)
    That a
    r-1~r1~
    v~or
    c,r~llcctipnand contrGl
    system rrn~~ccn in~-caiicuand tested to
    134—230

    55
    verify its pcrf
    r~nt-~c~i
    fi ~
    nn~
    B)
    That proper maintenance has been conducted in
    accordance with the manufacturer’s
    specifications and requirements.
    The time period and duration of all
    C)
    malfunctions of the vapor collection
    control system.
    and
    D)
    The motor vehicle fuel throughput of the
    facility for each calendar month of
    previous year.
    the
    r)
    PhM-
    ~r~-’~
    r~nr1
    employrr~-~
    - -.
    ~-e trained and
    instructed in the proper operation and
    maintenance of the vapor collection and
    r~rtntrn1
    ~~1—ri,~
    -ir~d I r~fr,rmr’d
    ri~
    -t-r~
    i—bs--
    .1
    penalties associated with the violation of
    any provisions of this Section.
    2)
    Records and reports required pursuant to this
    subsection shall be made available to the Agency
    upon request.
    Records and reports which shall be
    maintained by the owner or operator of the
    gasoline dispensing facility shall clearly
    demonstrate:
    a
    That a certified vapor collection and control
    system has been installed and tested to
    verify its performance according to its
    specifications.
    ~j
    That proper maintenance has been conducted in
    accordance with the manufacturer’s
    specifications and requirements.
    Qj
    The time period and duration of all
    malfunctions of the vapor collection and
    control system.
    ~j
    The motor vehicle fuel throughput of the
    facility for each calendar month of the
    previous year.
    ~j
    That operators and employees are trained and
    instructed in the proper operation and
    maintenance of the vapor collection and
    control system and informed as to the
    potential penalties associated with the
    violation of any provision of this Section.
    134—23 1

    56
    Upon the installation of a vapor collection and
    control system, the owner or operator of the
    gasoline dispensing facility shall submit~to the
    Agency a registration which provides at minimum
    the facility name and address, signature of the
    owner or operator, the CARB Executive Order Number
    for the vapor collection and control system to be
    utilized, the number of nozzles
    (excluding diesel
    or kerosene) used for motor vehicle refueling,
    the
    monthly average volume of motor vehicle fuel
    dispensed,
    the location
    (including contact
    person’s name,
    address, and telephone number) of
    records and reports required by this Section, and
    the date of completion of installation of the
    vapor collection and control system.
    “Completion
    of installation” includes the successful passing
    of vapor leakage and blockage tests as specified
    by
    CARD.
    2)
    The registration must be j~.submitted to the
    Agency within 30 days of completion of such
    installation.
    fl
    A copy of the registration information shall he
    is
    maintained at the gasoline dispensing facility.
    .4J
    Upon the modification of an existing vapor
    collection and control system, the owner or
    operator of the gasoline dispensing facility shall
    submits to the Agency a registration form that
    details the changes to the information provided in
    the previous registration of the vapor collection
    and control system and which includes the
    signature of the owner or operator.
    The
    registration must be submitted to the Agency
    within 30 days of completion of such modification.
    (Source:
    Added at
    ________
    Ill.
    Reg.
    __________,
    effective
    _______________________________________________________________________)
    h)
    Any gasoline dispensing facility subject to subsection
    (c)
    above of this Section shall be exempt from the
    permit requirements specified under 35
    Ill.
    Adm. Code
    Sections 201.142, 201.143 and 201.144 for its vapor
    collection and control systems, provided ‘that:
    1)
    13 4—232

    57
    IT IS SO ORDERED.
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby cer if
    that the abov .opinion and order was
    adop~don the
    day of
    _______________,
    1992, by a vote
    of
    /—(~~.
    Control Board
    134—233

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