ILLINOIS POLLUTION CONTROL BOARD
February 23,
1995
IN THE MATTER OF:
)
EMERGENCY RULE AMENDING 7.2 psi
)
R95-1O
REID VAPOR PRESSURE REQUIREMENT
)
(Rulemaking
-
Air)
IN THE METRO-EAST AREA,
35
ILL.
ADM. CODE 219.585(a)
ADOPTED EMERGENCY RULE.
FINAL ORDER.
OPINION
AND
ORDER OF THE BOARD
(by C.
A.
Manning)
This matter comes before the Board on a motion for emergency
rulemaking filed by the Illinois Environmental Protectiori Agency
(Agency)
on February 14,
1995.
The purpose of the Agency’s
motion is to delay the compliance date of the gasoline volatility
rule at 35 Ill.
Adm. Code 219.585(a),
from May 1,
1995 to June 1,
1995.
The rule applies
in the Metro-East moderate ozone
nonattainment area
(Madison, Monroe, and St.
Clair Counties).
Specifically,
35 Ill. Adm. Code 219.585(a) requires all “supply
facilities” that is, facilities other than retail outlets and
wholesale purchaser consumer facilities,
to lower gasoline Reid
Vapor Pressure (RVP)
during the ozone season to 7.2 pounds per
square inch
(psi)
beginning May 1,
1995.
The facilities covered
by this rule include refiners, distributors, and bulk terminals.
Retail and wholesale facilities are required to comply one month
later,
by June 1,
1995.
For the reasons stated below, the Board finds, pursuant to
Section 27(c)
of the Environmental Protection Act
(Act),
5 ILCS
5/27(c)
(1992)
and Section 5—45 of the Illinois Administrative
Procedure Act (APA),
5 ILCS 100/5-45
(1992), that a “situation
exists which reasonably constitutes a threat to the public
interest, safety or welfare”.
The Board adopts an emergency
amendment changing the compliance date of Section 219.585(a)
to
June 1,
1995,
so that all facilities are required to comply by
that date.
This rule will become effective upon filing with the
Secretary of State for a period of 150 days.
STATUTORY PROVISIONS
At Section 182(b), the Clean Air Act, as amended in 1990
(42
USC
§
751la
(b))(”CAA”), required Illinois to submit a plan by
November 15,
1993,
for achieving a 15
reduction of volatile
organic material emissions in the Metro—East ozone nonattainment
area
(15
Rate-of—Progress
(ROP)Plan).
Illinois submitted its
15
ROP Plan on November
13,1993.
One of the control measures
included in the 15
ROP Plan required that the volatility of
gasoline be reduced during the ozone season.
The Board adopted
the required rules
in docket R94-12,
In the Matter of:
15
ROP
Plan Control Measures for VOM Emissions
—
Part I: Pressure
2
/Vacuuni Relief Valves and 7.2 RVP
(September
15,
1994).
There
are also federal gasoline volatility regulations found at 40 CFR
Part 80, adopted at 55 Fed.
Reg.
23658
(June
11,
1990).
The Board’s rulemaking requirements in this matter are
contained in the APA and the Act.
Section 5-45 provides
in
pertinent part:
“Emergency” means the existence of any situation that any
agency finds reasonably constitutes a threat to the public
interest, safety,
or welfare.
If any agency finds that any
emergency exists that requires adoption of a rule upon fewer
days than is required by Section 5-40 and states in writing
its reasons for that finding, the agency may adopt an
emergency rule without prior notice or hearing upon filing
of notice of emergency rulemaking with the Secretary of
State under Section 5-70.
.
.
Subject to applicable
constitutional or statutory provisions, an emergency rule
become effective immediately upon filing under Section 5-65
or at a stated date less than 10 days thereafter.
The
Agency shall take reasonable and appropriate measures to
make emergency rules shown to the persons who may be
affected by them.
An emergency rule may be effective for
a period of not
longer than 150 days, but the agency’s authority to adopt an
identical rule under Section 5-40
is not precluded.
Section 27(c)
of the Environmental Protection Act provides:
When the Board finds that a situation exists which
reasonably constitutes a threat to public interest, safety
or welfare, the Board may adopt regulations pursuant to and
in accordance with Section 5.02
5
ILCS 100/5-45
of the
Illinois Administrative Procedure Act.
Emergency rules are scrutinized by both the Joint Committee
on Administrative Rules and by the courts to determine whether
“there exists
a situation which reasonably constitutes a threat
to the public interest, safety or welfare”.
Citizens for
a
Better Environment
v.
Illinois Pollution Control Board,
(1st
Dist.
1983)
162 Ill. App.3d 105,
504 N.E.
2d 166,
169.
THE AGENCY’S PROPOSAL
Description of the Emergency
The Agency describes that its motion is based on contacts
with,
and information supplied by, the petroleum refining
industry.
The emergency and hardship alleged here is based on
the interplay of the federal and state gasoline volatility rules.
The Agency explains that:
3
Federal regulations
40
CFR 80
lower the RVP of
gasoline
in two steps.
Step
I requires the entire
country to have 9.0 RVP gasoline at supply facilities
beginning on May 1st of each year.
Step II begins on
June 1st of each year and requires that southern tier
nonattainment areas have 7.8 psi RVP gasoline at both
the supply and retail levels.
In December 1993,
Missouri Department of Natural Resources indicated that
it would propose a regulation for 7.2 psi RVP gasoline.
Therefore,
IEPA proposed and the Illinois Pollution
Control Board adopted
in
R94-12)
a similar rule
requiring 7.2 psi RVP.
Further, the Illinois rule
requires 7.2 psi RVP gasoline at supply facilities in
the Metro—East area in May when the rest of the country
is only required to have 9.0 psi RVP gasoline
(SeeMotion,
Attachment 3).
The compliance date for
supply facilities is inconsistent with the date
specified by federal regulations for southern tier
nonattainment areas storing the lowest required RVP
gasoline.
The Agency’s Technical Support Document
contains a summary of the monthly supplier and retailer
RVP requirements under both the federal and Illinois
regulations
(See Motion, Attachment 1).
The petroleum refining industry which
markets
gasoline to these other facilities does not distinguish
between the Metro—East St.
Louis, Illinois,
area and
the St.
Louis, Missouri,
area.
Due to the geographic
nature of the greater St. Louis area and the limited
storage capacity for petroleum products, not changing
the compliance dates for these other facilities
i.e.
the refiners, distributors and bulk terminals
located
in the Metro—East ozone nonattainment area would
require the petroleum refining industry to supply and
sell to the majority of the market 7.2 psi RVP
gasoline, when such gasoline is only required in 20—25
of the market.
Mr. Philip Bush of Amoco has called the Agency to
describe the hardship that would fall on the affected
gasoline refiners and distributors.
The hardship to
refiners
is an acceleration of their production
schedules to supply lower RVP.
The hardship for the
bulk gasoline terminals is a shorter time to blend down
their stock and a greater risk of being found out of
compliance.
(See:
(Motion,
Attachment
1).
Most importantly,
if the May 1st requirement
is changed
to June 1st, the USEPA 9.0 psi RVP standard would still
apply,
so the loss of emission reduction would have no
effect on the amount of VOM emissions reduction credit
being claimed for 15
ROP Plan purposes
(See:
Motion,
4
Attachment 1).
Moreover, the Federal Regulations for
Missouri do not require that other facilities lower RVP
before gasoline dispensing operations are so required.
The Agency emphasized that the reduction of RVP from
9.0 psi to 7.2 psi is part of its 15
ROP plan and a
control measure that the regulated community agreed to.
Given the difficulties cited, the proposed revision to
the regulation is reasonable and it achieves regulatory
consistency with existing federal requirements.
(Motion,
#
4-8).
As proof of the alleged hardship, the Agency has supplied
copies of letters to it from various members of the regulated
community who have requested or who support the change.
These
include,
in addition to Amoco, the Illinois Petroleum Council,
Marathon OilCo., Phillips 66 Co.,
and Shell Oil Co.
(Motion,
Attachment 4)
Description of the Proposed Amendments
The proposed amendments involve merely a deletion of the
last two and a half lines of 35 Ill.
Adm. Code 219.585(a),
as
follows:
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. for retail outlctr
and
who1c~alcrnircha~jcrconoumer faci1itic~, and from
14~v
1
~~cr
15 for all other facilitic~
THE BOARD’S ADOPTED RULES
The. Board is persuaded that the requested change would have
little environmental effect.
The current USEPA 9.0 psi RVP
standard will continue to be in effect during the month of May,
so that no regulatory gap will occur.
The current compliance
date for supply facilities in Illinois
is not consistent with the
June
1 date specified by federal regulations for southern tier
nonattainment areas storing the lowest required RVP gasoline.
Since the petroleum refining industry does not distinguish
between the Illinois and Missouri
St. Louis metropolitan area,
the supply facilities in the area would be required to supply and
sell 7.2 psi RVP gasoline to a very limited portion of the entire
5
market, and if the supply facilities are located in Illinois, 7.2
psi RVP gasoline only could be produced and distributed to the
entire market one month earlier than otherwise required under
Missouri and federal law.
The suggested June 1 compliance date is consistent with
USEPA requirements for the sale of lower RVP gasoline in the East
St. Louis,
Missouri area.
While there will be some small loss in
actual VOM emissions reductions during May, estimated by the
Agency to be 0.27 tons per day
(TPD), the Agency believes that
this will not require adjustment in the 8.55 TPD 15
ROP 7.2 RVP
gasoline emissions reduction for which Illinois has taken credit
in the ROP Plan.
This is because the ROP reduction is based on
calculation methodologies that take into account factors
representative of the summer months between June and August,
including driving patterns and meteorological conditions.
(Notion, Attachment
1, pp.
5-6).
The original May
1 compliance date was agreed to by the
Agency and the regulated community,
and pursuant to the Section
28.5 fast-track rulemaking requirements, the Board adopted the
agreed-upon rule.
The Agency states that,
“at
the time of the
original proposal,
it was unaware of the different federal May
supplier requirements between Class C an4 including
Illinois
and Class B
including
Missouri
areas”.
The Board accordingly
cannot find that the hardship to the industry is self-imposed,
so
as to preclude consideration of this matter as an APA “emergency”
under the facts of this case.
The Board agrees with the Agency that the hardship asserted
by the petroleum industry is real:
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.
Under these circumstances,
the Board finds,
as the Agency suggests, that “the proposed
revision is reasonable and further achieves the regulatory
consistency originally intended, with no detriment to the Metro-
East air quality”.
(Motion, Attachment
1,
p.
6)
Finally, the Board observes that today’s emergency rule will
expire within 150 days of its filing the maximum term of any
emergency rule.
The APA prohibits adoption of an emergency rule
“more than once in any 24 month period”
(5 ILCS 100/5-45),
so
that any extension of this five month emergency exemption must be
obtained through regular rulemaking or through the Act’s other
regulatory relief mechanisms.
The Agency’s Technical Support
Document indicates that the “Agency intends to file a proposal”.
(Notion, Attachment
1,
p.
1)
6
ORDER
The Board hereby adopts the following emergency rule.
The
Clerk
is directed to cause its filing with the Secretary of
State.
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
219.101
219.102
219. 103
219.104
219.105
219.106
219.107
219.108
219.109
219.110
219.111
219.112
219.113
219.114
Introduction
Savings Clause
Abbreviations and Conversion Factors
Applicability
Definitions
Test Methods and Procedures
Compliance Dates
Operation of 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
Monitoring for Negligibly-Reactive Compounds
Compliance with Permit Conditions
SUBPART B:
ORGANIC EMISSIONS FROM STORAGE AND LOADING OPERATIONS
Section
219.119
219. 121
219.122
219. 123
219.124
219.125
219.126
Applicability for VOL
Storage Containers
Loading Operations
Petroleum Liquid Storage Tanks
External Floating Roofs
Compliance Dates (Repealed)
Compliance Plan (Repealed)
SUBPART C:
ORGANIC EMISSIONS FROM MISCELLANEOUS EQUIPMENT
Section
7
219.141
219.142
219.143
219.144
Section
219.181
219. 182
219.183
219.184
219.185
219.186
Section
219.204
219.205
219.206
219.207
219.208
219.209
219.210
219. 211
Section
219.401
219.402
219.403
219.404
219.405
Section
219.421
219.422
219.423
Separation Operations
Pumps and Compressors
Vapor Blowdown
Safety Relief Valves
SUBPART E:
SOLVENT CLEANING
Solvent Cleaning in General
Cold Cleaning
Open Top Vapor Degreasing
Conveyorized Degreasing
Compliance Schedule (Repealed)
Test Methods
SUBPART F:
COATING OPERATIONS
Emission Limitations
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 Units
Operations with Compliance Program
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 PLANT
General Requirements
Inspection Program Plan for Leaks
Inspection Program for Leaks
Section
219.301
219.302
219.303
219.304
SUBPART H:
PRINTING AND PUBLISHING
8
219.424
219.425
219.426
219.427
219.428
219.429
219.430
Section
219.441
219.442
219.443
219.444
219.445
219.446
219.447
219.448
219.449
219.450
219.451
219.452
219.453
Repairing Leaks
Recordkeeping for Leaks
Report for Leaks
Alternative Program for Leaks
Open-Ended Valves
Standards for Control Devices
Compliance Date (Repealed)
SUBPART R:
PETROLEUM REFINING AND
RELATED INDUSTRIES; ASPHALT MATERIALS
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
(Repealed)
Section
219.480
219 .481
SUBPART
S:
RUBBER AND MISCELLANEOUS PLASTIC PRODUCTS
Manufacture of Pneumatic Rubber Tires
Green Tire Spraying Operations
Alternative Emission Reduction Systems
Emission Testing
Compliance Dates
(Repealed)
Compliance Plan
(Repealed)
SUBPART T:
PHARMACEUTICAL MANUFACTURING
Applicability
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 Units
Testing
Monitoring for Air Pollution Control Equipment
Recordkeeping for Air Pollution Control Equipment
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
219.489
9
SUBPART V:
BATCH OPERATIONS AND AIR OXIDATION PROCESSES
Section
219.521
219.525
219.526
219.527
Section
219.541
Section
219.581
219.582
219.583
219. 584
219.585
EMERGENCY
219.586
Definitions
(Repealed)
Emission Limitations for Air Oxidation Processes
Testing and Monitoring
Compliance Date (Repealed)
SUBPART W:
AGRICULTURE
Pesticide Exception
SUBPART
X:
CONSTRUCTION
Architectural Coatings
Paving Operations
Cutback Asphalt
Bulk Gasoline Plants
Bulk Gasoline Terminals
Gasoline Dispensing Operations
-
Storage Tank Filling
Operations
Gasoline Delivery Vessels
Gasoline Volatility Standards
Gasoline Dispensing Operations
-
Motor Vehicle Fueling
Operations
(Repealed)
SUBPART
Z:
DRY CLEANERS
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
Perchloroethylene Dry Cleaners
Applicability
Leaks
Compliance Dates
(Repealed)
Compliance Plan (Repealed)
Exception to Compliance Plan
(Repealed)
Standards for Petroleum Solvent Dry Cleaners
Operating Practices for Petroleum Solvent Dry Cleaners
Program for Inspection and Repair of Leaks
Testing and Monitoring
Applicablity for Petroleum Solvent Dry Cleaners
Compliance Dates
(Repealed)
Compliance Plan
(Repealed)
Section
219.561
219.562
219. 563
SUBPART Y:
GASOLINE DISTRIBUTION
SUBPART AA:
PAINT AND INK MANUFACTURING
10
Section
219.620
219.621
219.623
219.624
219. 625
219.626
219.628
219. 630
219. 636
219. 637
Section
219.640
219.642
219.644
Applicability
Exemption for Waterbase Material and Heatset—Offset Ink
Permit Conditions
(Repealed)
Open Top Mills, Tanks, Vats or Vessels
Grinding Mills
Storage Tanks
Leaks
Clean Up
Compliance Schedule
Recordkeeping and Reporting
SUBPART BB:
POLYSTYRENE PLANTS
Applicability
Emissions Limitation at Polystyrene Plants
Emissions Testing
SUBPART CC: POLYESTER RESIN PRODUCT MANUFACTURING PROCESS
Section
219.660
219.666
219.667
219.668
219.670
219.672
Section
219.680
219.686
219.688
219.690
219.692
Section
219.760
219.762
219.764
219.766
219.768
219.770
219.875
219.877
219.879
219.881
219.883
Applicability
Control Requirements
Compliance Schedule
Testing
Recordkeeping and Reporting for Exempt Emission Units
Recordkeeping and Reporting for Subject Emission Units
SUBPART DD: AEROSOL CAN FILLING
Applicability
Control Requirements
Testing
Recordkeeping and Reporting for Exempt Emission Units
Recordkeeping and Reporting for Subject Emission Units
SUBPART GG:
MARINE TERMINALS
Applicability
Control Requirements
Compliance Certification
Leaks
Testing and Monitoring
Recordkeeping and Reporting
Applicability of Subpart BB
(Renumbered)
Emissions Limitation at Polystyrene Plants
(Renumbered)
Compliance Date
(Repealed)
Compliance Plan
(Repealed)
Special Requirements for Compliance Plan (Repealed)
11
219.886
Emissions Testing
(Renumbered)
SUBPART PP:
MISCELLANEOUS FABRICATED PRODUCT MANUFACTURING
PROCESSES
Section
219.920
219.923
219.926
219.927
219.928
Applicability
Permit Conditions
(Repealed)
Control Requirements
Compliance Schedule
Testing
SUBPART
QQ:
MISCELLANEOUS FORMULATION MANUFACTURING PROCESSES
Section
219.940
219.943
219.946
219.947
219.948
Applicability
Permit Conditions
(Repealed)
Control Requirements
Compliance Schedule
Testing
SUBPART RR:
MISCELLANEOUS ORGANIC CHEMICAL MANUFACTURING
PROCESSES
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
(Repealed)
Control Requirements
Compliance Schedule
Testing
SUBPART TT:
OTHER EMISSION UNITS
Applicability
Permit Conditions
(Repealed)
Control Requirements
Compliance Schedule
Testing
SUBPART UU:
RECORDKEEPING AND REPORTING
Exempt Emission Units
Subject Emission Units
Section 219.Appendix A:
List of Chemicals Defining Synthetic
Organic Chemical and Polymer
Manufacturing
Section 219.Appendix B:
VON Measurement Techniques for Capture
Efficiency
Section
219.990
219
.
991
12
Section 219.Appendix C:
Reference Test Methods for Air Oxidation
Processes
Section 2l9.Appendix D:
Coefficients for the Total Resource
Effectiveness Index
(TRE)
Equation
Section 219.Appendix E:
List of Affected Marine Terminals
AUTHORITY:
Implementing Section 10 and authorized by Section
28.5 of the Environmental Protection Act
(Ill. Rev.
Stat.
1991,
ch.
111½,
par.
1010)
(P.A.
87—1213, effective September 26,
1992)
415
ILCS 5/10 and 28.5.
SOURCE:
Adopted at R91-7 at 15
Ill.
Reg.
12231, effective August
16,
1991;
amended in R91—23 at 16
Ill. Reg.
13564, effective
August 24,
1992; amended in R91-28 and R91—30 at 16
Ill. Reg.
13864,
effective August 24,
1992; amended in R93—9 at
17 Ill.
Reg.
16636, effective September 27,
1993; amended in R93-l4 at 18
Ill.
Reg. at 1945,
effective January
24,
1994; amended in R94-l2
at 18 Ill.
Reg.
14973, effective September 21,
1994; amended in
R94—15 at 18 Ill.
Reg.
16379, effective October 25,
1994; amended
in R94-16 at 18
Ill.
Reg.
16950,
effective November 15,
1994;
emergency amendment in R95-10 at
______
Ill. Reg.
________
effective _______________________ for a maximum of 150 days.
SUBPART Y:
GASOLINE DISTRIBUTION
Section 219.585
Gasoline Volatility Standards
EMERGENCY
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 for retail outleto and
wholcoalo purchascr—conmimcr facilitic~, and from
Nay
1
to September 15 for all other faciliticc~.
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
13
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
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.
Adin.
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 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)
of 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
14
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
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;
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
Ill. Reg.
effective ___________________________________ for a maximum of 150
days)
IT IS SO ORDERED.
J.
T. Meyer dissented.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify th~tthe above op’
ion and order was
adopted on the
‘~-
day of
________________,
1995,
by a
vote of
~‘/
.
/‘
/~
(2
~
,~
Dorothy
M.
9~.nn, Clerk
Illinois Po~,/lutionControl Board
