ILLINOIS POLLUTION CONTROL BOARD
    June 30,
    1980
    IN
    THF; MATTER OF:
    )
    R78—3
    P78—4
    VOLATILE ORGANIC EMISSIONS.
    )
    SUPPLEMENTARY OPINION OF THE BOARD
    (by I. Goodman):
    The Board
    finds that
    compliance
    by July
    1,
    1980 with Rule
    21)5(m)
    (B)
    of Chapter
    2 would work an unreasonable hardship upon
    many owners or operators
    of small gasoline dispensing facilities.
    It has come
    to the Board’s attention that many of these owners
    and operators never learned of the Board’s promulgation of the
    instant regulations.
    If the compliance dates are not interpreted correctly,
    fuel
    supply wholesalers may not deliver supplies on or after July
    1,
    1980,
    thus creating
    a shortage of gasoline and other fuels
    in the
    state.
    The Board
    finds that such a possibility creates
    a hazard
    to the public health and welfare.
    For example,
    if fire engines
    could not obtain
    fuel, they could not he utilized to
    fight fires.
    Although Rule 205(m) (B) can he interpreted,
    in situations
    where two or more facilities are owned by one owner, to require
    the compliance of at least one of those facilities by July
    1,
    1980,
    the Board’s Opinion of August
    23, 1979 was intended to have the
    percentage compliance provisions apply only where three or more
    facilities are owned.
    The alternative application,
    e.g.,
    computing
    33
    of two facilities,
    or 66
    of one facility, would impose an
    unreasonable administrative burden and could constitute an
    arbitrary application of the regulation.
    The
    Board,
    therefore, declares
    its intent that owners of
    either one or two facilities shall achieve
    100
    compliance on or
    before July
    1,
    1981,
    and owners of three or more facilities
    shall
    achieve the percentages of compliance on or before the dates
    listed in
    Rule 205(m)(B),
    (C),
    and
    (D).
    Notice of this Opinion shall he published by the Clerk of the
    Board
    in
    a newspaper of general circulation in each county of the
    state affected for three consecutive days beginning immediately.
    IT IS SO ORDERED.
    I,
    Christan
    L.
    Noffett,
    Clerk of the Illinois Pollution
    —2—
    Control Board hereby certify that the above Supplementary Opinion
    was
    adopted on the
    ~
    day of
    ~
    1980 by a vote
    C)
    f ~
    Christan
    Illinois Pollution Control Board

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