ILLINOIS POLLUTION CONTROL BOARD
September 21, 1995
IN THE MATTER OF:
)
15
ROP PLAN: CLEAN-U?
PART
I
-
)
R96—2
AMENDMENTS TO 35 ILL.
ADM.
CODE
)
(Rulemaking
-
Air)
219.585(a)
AND
219.APPENDIX E
)
Proposed Rule.
First Notice.
OPINION
AND
ORDER OF THE BOARD
(by R.C. Flemal):
This matter comes before the Board upon the filing on
September 6,
1995 by the Illinois Environmental Protection Agency
(Agency)
of a petition for rulemaking.
The Agency requests that the Board make two amendments to
its air emissions regulations applicable in the Metro-East St.
Louis areas
(Madison, Monroe, and St. Clair Counties).
The
principal amendment would establish a uniform annual date of June
1 upon which all regulated gasoline facilities must comply with
7.2 psi Reid vapor pressure (RVP) gasoline requirements;
currently the June 1 date applies to retail outlets and wholesale
purchaser—consumer facilities and a May 1 date applies to other
facilities
(i.e., refiners, distributors, bulk terminals).
The
second proposed amendment is a housekeeping matter that would
correct an error in the identification number of a marine
terminal at 35 Ill. Adm. Code 2l9.Appendix
E.
The Board’s responsibility in this matter arises from the
Environmental Protection Act
(Act)
(415 ILCS 5/1 et seq.
(1992)).
The Board is charged therein to “determine, define and implement
the environmental control standards applicable
in the State of
Illinois”
(415 ILCS 5/5(b)).
More generally,
the Board’s
rulemaking charge is based on the system of checks and balances
integral to Illinois environmental governance: the Board bears
responsibility for the rulemaking and principal adjudicatory
functions;
the
Agency has primary responsibility for
administration of the Act and the Board’s regulations, including
the regulations today proposed for amendment.
EXPEDITED CONSIDERATION
AND
FIRST NOTICE
The Agency’s petition is accompanied by a motion to expedite
hearing on this matter.
The Agency observes that the amendment
it proposes today regarding the 7.2 psi RVP compliance date is
identical to the text of an emergency rule adopted by the Board
2
in February 1995’; the emergency rule
was
in effect for the 1995
ozone season.
The Agency now proposes,
as the principal action
of the instant proposal, to make that emergency rule permanent.
The Agency contends,
as it did in the emergency rule
proceeding, that the uniform June
1 compliance date “is
appropriate at this time in view of the need for consistency
between the Board’s rules and USEPA’s regulations”
(Motion at
¶3), and that the “change should be accomplished as quickly as
possible to address concerns of enforceability of the current
rule”
(Id.).
The Board hereby grants the Agency’s motion, and accordingly
directs the hearing officer to set and conduct hearings in this
matter on an expedited schedule.
In addition to expediting the hearing schedule, the Board
believes that it is appropriate to begin today the notice
sequence prescribed by the Illinois Administrative Procedure Act
(5 ILCS 100/1-1 et
seq.
(1994)).
The Board accordingly today
adopts the Agency proposal for first notice.
The Board takes
this action in view of the record already developed on the
coinpliance date issue in two prior Board reviews of the issue,
and in belief that expeditious resolution of the whole matter
would best serve the public interest2.
NATURE
OF PROPOSAL
Section 182(b) (1) of the Clean Air Act,
as amended in 1990,
requires all moderate and above ozone nonattainment areas to
achieve a 15
reduction of 1990 emissions
of
volatile organic
material (VOM) by 1996.
In Illinois, the Chicago and Metro-East
areas are classified as “severe” and “moderate” nonattainment for
ozone, respectively,
and as
such
are
subject to the
15
reduction
requirement.
Illinois has met its 15
reduction obligations by
designing a 15
Rate of Progress
(ROP)
plan, which included
1
In the Matter of: Emeraencv Rule Amending 7.2 psi Reid
Vapor Pressure Requirement in the Metro-East Area,
35 Ill. Adm.
Code 219.585(a), R95-10, adopted by Board order of February 23,
1995, effective March 10,
1995.
2
The Board notes that although the Agency does not present
the instant proposed amendments under the Clean Air Fast Track
rulemaking provisions found at Section 28.5 of the Act,
the
proposal as filed contains many of the elements necessary to
support fast-tracking of an air rule, including statement of
reasons, analysis of economic and budgetary effects, and prefiled
testimony.
3
adoption of a series of regulations designed to decrease VOM
emissions.
One of the 15
ROP provisions is a requirement that only low
volatility gasoline be sold during the ozone season.
Low
volatility gasoline evaporates less readily, and hence is less
prone to generating emissions of VON.
The Board adopted low volatility gasoline regulations for
the Metro-East area in docket R94-12, In the Matter of: 15
ROP
Plan Control Measures for VOM Emissions
—
Part I: Pressure/Vacuum
Relief Valves and 7.2 RVP (September 15, 1994).
“Low volatility”
gasoline, as defined for the Metro—East area,
is gasoline with a
Reid vapor pressure not exceeding 7
•
2 pounds per square inch
(psi), with some latitude provided for ethanol blends.
(see 35
Ill. Adm. Code 219.585(b) and (c).)
The definition of what
constitutes low volatility gasoline is not at issue in the
instant matter.
What
is at issue is the annual “regulatory control period”
during which the low volatility gasoline regulations are in
effect.
The regulatory control period consists of that annual
period during which “no person shall sell, offer for sale,
dispense, supply, offer for supply, or transport for use in
Illinois” gasoline that is other than low volatility gasoline.
(see 35 Ill. Adm. Code 219.585(a).)
As currently crafted, the
regulatory control period is bifurcated, with a period extending
from June 1 to September 15 applicable to retail outlets and
wholesale purchaser—consumer facilities, and a period from May 1
to September 15 for “all other facilities”.
(Id.)
The “other
facilities” include refiners, distributors, and bulk terminals
(collectively as “supply facilities”).
Thus the existing regulations require that supply facilities
comply with the low volatility gasoline regulations each year at
a date that is a month earlier than the retail and consumer
facilities they service.
The Agency proposal is to remove this
bifurcation, thereby establishing the same regulatory control
period of June 1 to September 15 for all affected facilities.
It is important to note that removal of the current
bifurcated regulatory control period under Illinois law would not
be equivalent to removal of all volatility limitations during the
month of May.
Rather, the consequence would be default to
volatility limits prescribed by the United States Environmental
Protection Agency
(USEPA)
under federal law.
USEPA regulates gasoline volatility under Section 211(h)
of
the Clean Air Act.
As part of that authority,
USEPA has
specified maximum gasoline volatility limits for various non—
attainment areas, to which default occurs if local authority has
not specified more stringent limitations.
For the Metro—East
4
area for the month of May the default is gasoline of 9.0 psi RVP.
(Federal Register, vol.
55, No.
212, June 11,
1990,
p.
23867.)
Thus,
if today’s proposed gasoline volatility amendment is
adopted, the consequence would be equivalent to raising the May
limitation for supply facilities from 7.2 to 9.0 gasoline.
JUSTIFICATION
The justification that the Agency presents for today’s
proposed action is essentially the same as the justification that
the Board found compelling in adopting the identical amendments
as an emergency rule in February 1995 under docket R95-1O.
That
is, the amendments would ease an economic hardship without
detriment to the environment and air quality.
Hardship
In adopting the emergency rule in R95-1O, the Board
specifically identified three areas of hardship:
1) for the
refiners, acceleration of production schedules to supply lower
volatility gasoline for only one small area of a larger market
area;
2)
for pipelines, the need to ship a separate, low
RVP
to
the Illinois market during the month of May;
and 3) for gasoline
distributors,
the
shortening of time to blend down their tanks
from higher volatility winter gasoline and the resulting rise of
the risk of being out of compliance.
(R95—lO slip op. at p.
5,
February 23,
1995.)
The Agency asserts in the instant matter
that each of these areas of hardship remains.
(Statement of
Reasons at p.
3; Rogers3 at p.
4.)
Some portion of this hardship results from the fact that
ti
Metro—East area is part of the larger St. Louis metropolitan an
and market.
In the Missouri part of the metropolitan area,
pursuant to Missouri and federal law, supply facilities are not
required to comply with the 7.2 psi gasoline requirements until
June 1; during May the federal default value of 9.0 psi applies
Thus, Metro-East supply facilities,
if they wish to compete in
the full metropolitan market, must during the month of May treal
with two different gasoline volatility laws.
~The petition package filed by the Agency in this matter
contains, among other items, the prefiled testimony of Michael
I
Rogers.
Mr. Rogers was also the Agency’s primary witness in thi
two prior rulemakings on the Metro-East low volatility gasoline
issue, R94-12 and R95—1O.
Although the instant prefiled
testimony has not yet been given, the Board nevertheless accept~
it as representing the Agency’s position as of this time and foi
the purposes of this first notice action.
5
The Agency has undertaken an analysis of the economic effect
caused by the difference in regulations in
the
two parts of the
metropolitan area,
and observes:
Revising the bulk supplier compliance date from May 1
to June 1, would delay the need for the more expensive,
lower volatility gasoline by a month.
In order to
determine the monthly amount of fuel sold in the Metro-
East area, statewide gasoline and ethanol—blended
gasoline sales figures for 1990, were estimated for
1996 using gasoline sales growth figures from the
Illinois Department of Transportation (“IDOT”)
-
Total
gasoline and ethanol—blend sales in the Metro-East area
were estimated by apportioning statewide sales to the
three—county area based on the areas fraction of
statewide vehicle miles travelled.
Using these IDOT-
supplied figures,
it is estimated that approximately
23,600,000 gallons of gasoline and ethanol—blended
gasoline would be sold in May 1996.
Applying tbe 1 to
2 cent per gallon cost increase estimate, contained in
the TSD technical
support document
for R94-12, for
the lower volatility fuel, gasoline suppliers will save
between $236,000 and $472,000 through the compliance
date change to June 1.
(Rogers at p.
4—5.)
Environmental/Air Ouality Impact
The Board in adopting the emergency rule in R95-10 was
persuaded that changing the regulatory control period would have
little environmental effect.
(R95-10 slip op. at p.
4,
February
23,
1995.)
Again, the Board is presented in the instant matter
with the same argument:
If the May 1 Illinois supplier compliance date were
changed to June 1, the current USEPA 9.0 psi
RVP
May
standard would still be in effect.
Therefore,
no
increase in VOM emissions would occur.
(Rogers at p.
5.)
As regards air quality, one measure of the impact is
presented by the effect today’s proposal would have on Illinois’
inventory of emission reductions, and hence ability to comply
with the Clean Air Act’s requirement to produce emission
reductions.
The Agency addresses this point thusly:
From an emission reduction point of view, changing the
compliance date to June 1 would result in only a small
loss of actual VOM emissions reductions.
The Agency
estimated in the TSD for R95-lO that the amount of
emission reductions which would have been obtained from
6
affected gasoline storage terminals and bulk storage
plants during the month of May is approximately 0
•
27
TPD tons
per day).
However, the 15 Percent ROP plan
7.2 psi RVP gasoline emissions reduction credit of 8.55
TPD, contained in the TSD for docket R94-12, should not
be reduced because the ROP plan reduction is based on
calculation methodologies which incorporate both
driving patterns and meteorological conditions
representative of
sulinner
(June through August)
conditions.
(Rogers at p.
5.)
CORRECTION AMENDMENT
In addition to the issue of the regulatory control period
for low volatility gasoline, the Agency also proposes in this
doc)~etto correct an error regarding tue identification number
for the Clark Oil Company,
as found in 35 Ill.
Adm.
Code
219.Appendix
B.
The
correction would change the number from
197800AAA
to 119O5OAAA.
The Clark Oil Company terminal is subject to the Marine
Vessel Loading rules.
These rules were adopted by the Board in
docket R94-15, In the Matter of: 15
ROP Plan Control Measures
for VOM EmIssions
-
Part II Marine Vessel Loading: Amendments
35
Ill. Adm. Code Parts 211. 218 and 219 (October 20, 1994).
The
incorrect identification number was adopted at that time.
~ONCLU8ION
The Board believes the record in this matter warrants
adoption of the Agency’s proposal for the purposes of first
notice.
The Board will again review the record in this matter
upon completion of the first notice period, and determine then
whether the record continues to support moving this matter
towards adoption.
ORDER
The
Board hereby proposes for first notice the following
amendments..
The Clerk of the Board is directed to cause filing
of these proposed amendments with the Secretary of State.
TITLE 35:
ENVIRONMENTAL
PROTECTION
SUBTITLE
B:
AIR
POLLUTION
CHAPTER
I:
POLLUTION
CONTROL
BOARD
SUBCHAPTER
c:
EMISSIONS
STANDARDS
7
AND
LIMITATIONS FOR STATIONARY SOURCES
PART
219
ORGANIC MA.TERIAL EMISSION
STANDARDS
AND
LIMITATIONS FOR METRO
EAST AREA
SUBPART A:
GENERAL PROVISIONS
Section
219.100
Introduction
219.101
Savings Clause
219.102
Abbreviations and Conversion Factors
219.103
Applicability
219
•
104
Definitions
219.105
Test Methods and Procedures
219.106
Compliance Dates
219.107
Operation of 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
219.113
Monitoring for Negligibly-Reactive Compounds
SUBPART B:
ORGANIC EMISSIONS FROM STORAGE
AND LOADING OPERATIONS
Section
219.119
Applicability for VOL
219.120
Control Requirements for Storage Containers of VOL
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 (Repealed)
219.127
Testing VOL Operations
219.128
Monitoring VOL Operations
219.129
Recordkeeping and Reporting for VOL Operations
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
8
Section
219.181
Solvent Cleaning in General
219.182
Cold Cleaning
219.183
Open Top Vapor Degreasing
219.184
Conveyorized Degreasing
219.185
Compliance Schedule (Repealed)
219.186
Test Methods
SUBPART
F;
COATING OPERATIONS
Section
219.204
Emission Limitations
219.205
Daily—Weighted Average Limitations
219.206
Solids Basis Calculation
219.207
Alternative Emission Limitations
219.208
Exemptions From Emission Limitations
219.209
Exemption From General Rule on Use of Organic Material
219.210
Compliance Schedule
219.211
Recordiceeplng and Reporting
219.212
Cross-Line Averaging to Establish Compliance for
Coating Lines
219.213
Recordkeeping and Reporting for Cross-Line Averaging
Participating Coating Lines
219.214
Changing Compliance Methods
SUBPART
G:
USE
OF
ORGANIC
MATERIAL
Section
219.301
Use of Organic Material
219.302
Alternative Standard
219.303
Fuel Combustion Emission Units
219.304
Operations with Compliance Program
SUBPART
H:
PRINTING
AND
PUBLISHING
Section
219.401
Flexographic and Rotogravure Printing
219.402
Applicability
219.403
Compliance Schedule
219.404
Recordkeeping and Reporting
219
•
405
Lithographic Printing:
Applicability
219.406
Provisions Applying to Heatset Web Offset Lithographic
Printing Prior to March 15, 1996
219.407
Emission Limitations and Control Requirements for
Lithographic Printing Lines On and After March 15, 1996
219.408
Compliance Schedule for Lithographic Printing on and
After March 15, 1996
219.409
Testing for Lithographic Printing On and After March
15, 1996
219.410
Monitoring Requirements for Lithographic Printing
219
•
411
Recordkeeping and Reporting for Lithographic Printing
9
SUBPART
Q:
SYNTHETIC
ORGANIC
CHEMICAL
AND
POLYMER
MANUFACTURING
PLANT
Section
219.421
General
Requirements
219.422
Inspection Program Plan tor Leaks
219.423
Inspection Program for Leaks
219.424
Repairing Leaks
219.425
Recordkeeping for Leaks
219.426
Report for Leaks
219.427
Alternative Program for Leaks
219.428
Open-Ended Valves
219.429
Standards for Control Devices
219.430
Compliance Date (Repealed)
219.431
Applicability
219.432
Control Requirements
219.433
Performance and Testing Requirements
219.434
Monitoring Requirements
219.435
Recordkeeping and Reporting Requirements
219.436
Compliance Date
SUBPART R:
PETROLEUM
REFINING
AND
RELATED
INDUSTRIES; ASPHALT MATERIALS
Section
219.441
Petroleum Refinery Waste Gas Disposal
219.442
Vacuum Producing Systems
219.443
Wastewater (Oil/Water)
Separator
219.444
Process Unit Turnarounds
219.445
Leaks:
General Requirements
219.446
Monitoring Program Plan for Leaks
219.447
Monitoring Program for Leaks
219.448
Recordkeeping for Leaks
219.449
Reporting for Leaks
219.450
Alternative Program for Leaks
219.451
Sealing Device Requirements
219.452
Compliance Schedule for Leaks
219.453
Compliance Dates
(Repealed)
SUBPART 5:
RUBBER
AND
MISCELLANEOUS
PLASTIC PRODUCTS
Section
219.461
Manufacture of Pneumatic Rubber Tires
219.462
Green Tire Spraying Operations
219.463
Alternative Emission Reduction Systems
219.464
Emission Testing
219.465
Compliance Dates
(Repealed)
219.466
Compliance Plan (Repealed)
SUBPART
T:
PHARMACEUTICAL
MANUFACTURING
10
Section
219.480
Applicability
219.481
Control of Reactors, Distillation Units, Crystallizers,
Centrifuges and Vacuum Dryers
219.482
Control of Air Dryers, Production Equipment Exhaust
Systems and Filters
219.483
Material Storage and Transfer
219.484
In—Process Tanks
219.485
Leaks
219.486
Other Emission Units
219.487
Testing
219.488
Monitoring for Air Pollution Control Equipment
219.489
Recordkeeping for Air Pollution Control Equipment
SUBPART
V:
BATCH OPERATIONS
AND
AIR OXIDATION PROCESSES
Section
219.500
Applicability for Batch Operations
219.501
Control Requirements for batch Operations
219.502
Determination of Uncontrolled Total Annual Mass
Emissions and Actual Weighted Average Flow Rate Values
for Batch Operations
219.503
Performance and Testing Requirements for Batch
Operations
219.504
Monitoring Requirements for Batch Operations
219.505
Reporting and Recordkeeping for Batch Operations
219.506
Compliance Date
219.520
Emission Limitations for Air Oxidation Processes
219.521
Definitions (Repealed)
219.522
Savings Clause
219.523
Compliance
219.524
Determination of Applicability
219.525
Emission Limitations for Air Oxidation Processes
(Renumbered)
219.526
Testing and Monitoring
219.527
Compliance Date (Repealed)
SUBPART W:
AGRICULTURE
Section
219.541
Pesticide Exception
SUBPART X:
CONSTRUCTION
Section
219.561
Architectural Coatings
219.562
Paving Operations
219.563
Cutback Asphalt
SUBPART Y:
GASOLINE DISTRIBUTION
Section
11
219.581
Bulk Gasoline Plants
219.582
Bulk Gasoline Terminals
219.583
Gasoline Dispensing Operations
-
Storage
Tank
Filling
Operations
219.584
Gasoline Delivery Vessels
219.585
Gasoline Volatility Standards
219.586
Gasoline Dispensing Operations
-
Motor Vehicle Fueling
Operations
(Repealed)
SUBPART
Z:
DRY
CLEANERS
Section
219.601
Perchioroethylene
Dry
Cleaners
219.602
Exemptions
219.603
Leaks
219.604
Compliance Dates
(Repealed)
219.605
Compliance Plan
(Repealed)
219606
Exception to Compliance Plan (Repealed)
219.607
Standards for Petroleum Solvent ~
Cleaners
219.608
Operating Practices for Petroleum Solvent Dry Cleaners
219.609
Program for Inspection and Repair of Leaks
219.610
Testing and Monitoring
219.611
Exemption for Petroleum Solvent Dry Cleaners
219.612
Compliance Dates (Repealed)
219.613
Compliance
Plan
(Repealed)
SUBPART
AA:
PAINT
AND
INK
MANUFACTURING
Section
219. 620
Applicability
219.621
Exemption
for
Waterbase
Material
and Heatset-Offset Ink
219.623
Permit
Conditiuns
219.624
Open—Top Mills, Tanks, Vats or Vessels
219.625
Grinding Mills
219.626
Storage Tanks
219.628
Leaks
219.630
Clean Up
219.636
Compliance Schedule
219.637
Recordkeeping and Reporting
SUBPART
BB:
POLYSTYRENE
PLANTS
Section
219.640
Applicability
219.642
Emissions Limitation at Polystyrene Plants
219.644
Emissions Testing
SUBPART
FF:
BAKERY OVENS
Section
219.720
Applicability
219.722
Control Requirements
12
219.726
Testing
219.727
Monitoring
219.728
Recordkeeping
and
Reporting
219.729
Compliance Date
219
•
730
Certification
SUBPART
GG:
MARINE
TERMINALS
Section
219. 760
Applicability
219.762
Control
Requirements
219.764
Compliance Certification
219.766
Leaks
219.768
Testing and Monitoring
219.770
Recordkeeping and Reporting
SUBPART
HH:
MOTOR
VEHICLE
REFINISHING
Sect ion
219.780
Emission
Limitations
219
•
782
Alternative
Control
Requirements
219.784
Equipment Specifications
219.786
Surface
Preparation
Materials
219.787
Work
Practices
219.788
Testing
219.789
Monitoring
and
Recordkeeping
for
Control
Devices
219.790
General Recordkeeping and Reporting
219.791
Compliance Date
219.792
Registration
219.875
Applicability of Subpart BB (Renumbered)
219.877
Emissions Limitation at Polystyrene Plants
(Renumbered)
219.079
Compliance Date (Repealed)
219.881
Compliance Plan (Repealed)
219.883
Special Requirements for Compliance Plan
(Repealed)
219.886
Emissions Testing (Renumbered)
SUBPART
PP:
MISCELLANEOUS
FABRICATED
PRODUCT
MANUFACTURING
PROCESSES
Section
219.920
Applicability
219.923
Permit
Conditions
219
•
926
Control
Requirements
219.927
Compliance Schedule
219.928
Testing
SUBPART
QQ:
MISCELLANEOUS FORMULATION
MANUFACTURING
PROCESSES
Section
219.940
Applicability
219.943
Permit Conditions
13
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
Section
219.990
219. 991
Control Requirements
Compliance Schedule
Testing
Applicability
Permit
Conditions
Control Requirements
Compliance Schedule
Testing
Applicability
Permit
conditions
Control Requirements
Compliance Schedule
Testing
Exempt Emission Units
Subject
Emission
Units
Section
219.Appendix
A:
Section 219 Appendix B:
Section 219.Appendi~
C:
Section 219.Appendix D:
Section 219.Appendix E:
Section
219.Appendix
G:
Section 219.Appendix H:
List of Chemicals Defining Synthetic
Organic Chemical and Polymer
Manufacturing
VON Measurement Techniques for Capture
Efficiency
Reference Methods And Procedures
Coefficients for the Total Resource
Effectiveness Index
(TRE) Equation
List of Affected Marine Terminals
TRE
Index
Measurements
for
SOCMI
Reactors
and
Distillation
Units
Baseline
VOM
Content
Limitations
for
Subpart
F,
Section
219.212
Cross-Line
Averaging
AUTHORITY:
Implementing
Section
10
and
authorized
by
Sections
27
and 28.5 of the Environmental Protection Act
415
ILCS 5/10,
27,
and
28.5.
SOURCE:
Adopted
at
R91-8
at
15
Ill.
Reg.
12491,
effective
August
16,
1991; amended in R91—24 at 16 Ill. Req.
13597, effective
August
24,
1992;
amended
in
R91—30
at
16
Ill.
Reg.
13883,
effective
August
24,
1992;
emergency
amendment
in
R9
3-12
at 17
SUBPART
RR:
MISCELLANEOUS
ORGANIC
CHEMICAL
MANUFACTURING
PROCESSES
SUBPART TT:
OTHER EMISSION UNITS
SUBPART
UU:
RECORDKEEPING
AND
REPORTING
14
Ill. Reg.
8295, effective May 24,
1993, for a maximum of 150
days, amended in R93—9 at 17 Ill. Reg.
16918, effective September
27, 1993 and October 21,
1993; amended in R93—28 at 18 Ill. Reg.
4242, effective March
3,
1994; amended in R94—12 at 18 Ill. Reg.
14987,
effective
September
21,
1994;
amended
in
R94—15
at
18
Ill.
Reg.
16415, effective October 25,
1994; amended
in
R94-16
at
18
Ill. Reg.
16980, effective November 15, 1994; emergency amendment
in R95—10 at 19 Ill. Reg.
3059,
effective February 28, 1995,
for
a maximum of 150 days; amended in R94-21, R94-31 and R94—32 at 19
Ill. Reg.
6958, effective May 9,
1995; amended in R94—33 at 19
Ill. Reg.
7385, effective May 22,
1995; amended in R96—2 at 19
Ill. Reg.
__________,
effective _________________________
BOARD
NOTE:
This Part implements the Illinois Environmental
Protection Act as of July 1,
1994.
SUBPART Y:
GASOLINE DISTRIBUTION
Section 219.585
Gasoline Volatility Standards
a)
No person shall sell, offer for sale, dispense,
supply,
offer for supply, or transport for use in Illinois
gasoline whose Reid vapor pressure exceeds the
applicable limitations set forth in subsections
(b) and
(c) below during the regulatory control periods, which
shall be June 1 to September 15
f-or----rctail outlcts and
wholcsalc purohascr consumcr facilities and from May 1
to—Scptcmbcr 15 for all othcr facilitics.
b)
The Reid vapor pressure of gasoline, a measure of its
volatility, shall not exceed 7.2 psi (49.68 kPa) during
the regulatory control period in 1995 and each year
thereafter.
C)
The Reid vapor pressure of ethanol blend gasolines
having at least nine percent
(9)
but not more than ten
percent
(10)
ethyl alcohol by volume of the blended
mixture, shall not exceed the limitations for gasoline
set forth in subsection
(b)
of this Section by more
than 1.0 psi (6,9 kPa).
Notwithstanding this
limitation, blenders of ethanol blend gasolines whose
Reid vapor pressure is less than 1.0 psi above the base
stock gasoline immediately after blending with ethanol
are prohibited from adding butane or any product that
will increase
the
Reid vapor pressure
of
the blended
gasoline.
d)
All sampling of gasoline required pursuant to the
provisions of this Section shall be conducted in
accordance with the procedures contained in 40 CFR Part
80, Appendix D,
Sampling Procedures for Fuel
15
Volatility, which are incorporated by reference in
Section 219.112 of this Part.
e)
The Reid vapor pressure of gasoline shall be measured
in accordance with the procedures contained in “Tests
for Determining Reid Vapor Pressure
(RVP)
of Gasoline
and Gasoline—Oxygenate Blends” as set forth in 40 CFR
80, Appendix E, incorporated by reference in 35 Ill.
Adm. Code 219.112 of this Part.
f)
The ethanol content of ethanol blend gasolines shall be
determined by use of one of the approved testing
methodologies specified in 40 CFR Part 80, Appendix F,
incorporated by reference in 35 Ill. Adm. Code 219.112
of this Part.
g)
Any alternate to the sampling or testing methods or
procedures contained in subsections
(d),
(e), and (f)
or
this
Section
must
be
approved
by
the
Agency,
which
shall consider data comparing the performance of the
proposed alternative to the performance of one or more
approved test methods
or
procedures.
Such data shall
accompany any request for Agency approval of any
alternate test procedure.
If the Agency determines
that such data demonstrates that the proposed
alternative will achieve results equivalent to the
approved test methods or will achieve results
equivalent to the approved test methods or procedures,
the
Agency
shall
approve
the
proposed
alternative.
h)
Recordkeeping
and
reporting:
1)
Each refiner or supplier that distributes gasoline
or ethanol blends shall:
A)
During the regulatory control period, state
that the Reid vapor pressure of all gasoline
or ethanol blends leaving the refinery or
distribution facility for use in Illinois
complies with the Reid vapor pressure
limitations set forth in 35 Ill. Adm. Code
219.585(b) and
(C)
of this Part.
Any
source
receiving this gasoline shall be provided
with a copy of an invoice, bill of lading, or
other documentation used in normal business
practice stating that the Reid vapor pressure
of the gasoline complies with the State Reid
vapor pressure standard.
B)
Maintain
records for a period of three years
on the Reid vapor pressure, quantity shipped
and date of delivery of any gasoline or
16
ethanol blends leaving the refinery or
distribution facility for use in Illinois.
The Agency shall be provided with copies of
such records if requested.
2)
Records and reports required by subsections
(h) (2) (A) and
(h) (2) (B) below shall be made
available to the Agency upon request.
During the
regulatory
control period, the owner
or operator
of a gasoline dispensing operation subject to this
Section shall:
A)
Retain a copy of an invoice, bill of lading,
or other documentation used in normal
business practice stating that the Reid vapor
pressure of the gasoline complies with the
State Reid vapor pressure standard as
provided in subsection
(h) (1) (A)
above; and
B)
Maintain records for a period of three years
on the Reid vapor pressure, quantity received
and date of delivery of any gasoline or
ethanol blends arriving at the gasoline
operation.
(Source:
Emergency Amendment at 19 Ill. Reg.
3059, effective
February 28,
1995, for a maximum of 150 days; amended at
____
Ill. Reg.
__________
effective ________________________
Section 219.Appendix E:
List of Affected Marine Terminals
The following table identifies the expected volatile organic
material
(VON) emission reductions,
in pounds per day in 1996,
from the control of the marine vessel loading of gasoline and
crude oil from the listed
sources, their successors, and assigns.
Such reduction of VOM emissions must occur after November 1990
and may not include reductions resulting from compliance with any
federally required controls or from any measures included in any
State
Implementation
Plan
adopted
by
the
State
of
Illinois
to
satisfy any other Clean Air Act requirement.
Facility
Permit#
Reduction
Phillips Pipeline Co.
73040515014
10
Facility ID # 163020AA3
Clark Oil and Refining Corp.
72110678053
468
Facility ID #
197800AAA 119O5OAAA
Marathon Pipe Line Co.
73021451001
2,417
Facility ID
#
1I9O5OAAF
17
Conoco Pipe Line Co.
Facility ID
#
119OSOAAX
Shell Oil Co.
Facility ID
#
119O9OAAA
Amoco Distribution center
Facility ID
#
I19115AAY
(Source
Amended at
73031095011
87120058128
73020080007
2,759
7,554
10,443
Ill.
Peg.
,
effective
IT
IS SO ORDERED.
Board Member J.
Theodore Meyer dissented.
I,
Dorothy H.
Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify that the abope apinion and order was
adopted on,the
~/~‘-~
day of
yQ.tCt-n~&Q~tY
,
199F,
by
a
voteof
‘°~/‘
/
At
2
Dorothy M/Gunn,
Clerk
Illinois pollution Control Board
