ILLINOIS POLLUTION CONTROL BOARD
    November 4,
    1993
    IN THE MATTER OF:
    )
    )
    STAGE II VAPOR RECOVERY IN
    )
    R93-28
    THE METRO-EAST AREA:
    REPEAL
    )
    (Rulemaking)
    OF 35 ILL.
    ADM.
    219.586
    )
    Protosed Rule.
    First Notice.
    OPINION
    AND ORDER
    OF THE BOARD
    (by R.C.
    Flemal):
    On October 21,
    1993 the Illinois Environmental Protection
    Agency
    (Agency) filed a rulemaking petition in which it proposes
    that the Board repeal the Stage II vapor recovery controls
    applicable in the Metro-East area (Madison, Monroe, and St. Clair
    ,
    Illinois).
    By order of the same day the Board accepted
    the Agency’s petition.
    Repeal of the Stage II regulations is predicated upon
    promulgation by the .United States Environmental Protection Agency
    (USEPA)
    of rules that govern on-board vapor recovery (OBVR)
    systems
    (see discussion following).
    The Board believes that it
    is in the public interest that Illinois be poised to react to the
    Metro-East Stage II situation immediately upon USEPA promulgation
    of the OBVR rules, which is now expected to occur no later than
    January 1994.
    Pursuant thereto, the Board today sends the repeal
    proposal to first notice.
    The Board believes that beginning
    the
    dialogue on this matter immediately will provide the best
    opportunity for both full consideration and expeditious
    resolution of this matter.
    The Board notes that it today takes no position on the
    substantive merits of the proposal.
    The decision as to whether
    this proposal will proceed or not, and an opinion in support
    thereof, will be rendered by the Board only after public hearing
    and upon closure of the public comment period in this matter.
    Given that the Metro—East area consists of three contiguous
    counties, the Board construes Section 28 of the Environmental
    Protection Act (415 ILCS 5/1 et seq.)
    (Act)
    as requiring one
    hearing in the affected area.
    Therefore, the Board will hold one
    hearing in one of the subject counties.
    The Board also invites written public comment.
    The public
    comment period will remain open to a date following the hearing,
    the date to be specified by the hearing officer.

    —2—
    BACKGROUND
    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 vehicle tank by dispensed liquid gasoline as the tank is
    filled.
    The Stage II system captures these vapors as they
    exit
    the vehicle’s fuel fillpipe, thereby preventing escape of the
    vapors into the atmosphere.
    Vapor capture is accomplished by one
    of several types of devices attached to or part of the nozzle of
    the fuel dispensing system.
    The Stage II regulations at issue occur at 35 Ill. Adm. Code
    219.586.
    They were adopted by the Board in August 1992’ in
    response to requirements of both the federal Clean Air
    Act and
    the Illinois Environmental Protection Act.
    In particular,
    the
    Clean Air Act requires that areas classified as “moderate ozone
    nonattainment areas” have Stage II regulations in place
    and
    submitted for approval to the USEPA by November 15,
    1992.
    (42
    USC 7511a (b) (3).)
    The Metro-East area is classified by the USEPA
    as a moderate ozone nonattainment area.
    The Clean Air Act, however, does provide for a circumstance
    under which Stage II regulations are fl~t~
    required in moderate
    ozone nonattainment areas.
    That circumstance is that the USEPA
    promulgate regulations for OBVR2.
    The Clean Air Act specifies
    that USEPA is to promulgate OBVR regulations by November 15,
    1991.
    Nevertheless, USEPA had not promulgated OBVR regulations
    by November 15,
    1992, and still has not promulgated them.
    The
    nexus between the Stage II regulations required as of November
    15,. 1992 and the USEPA’s action on the OBVR regulations has also
    been recognized by the state legislature in its directive to the
    Board to address Stage II:
    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 7511a).
    These
    In the Matter of:
    Staae II Gasoline Vaoor Recovery Rules:
    Amendments to 35 Ill.
    Adju.
    Code Parts 215. 218 and 219, R91—30,
    August 13,
    1992.
    In addition to the Metro—East Stage II
    regulations, Stage II regulations for the Chicago ozone
    nonattainment area were also adopted in R91—30.
    The Chicago area
    regulations are not at issue today.
    The effective date of the
    R91—30 regulations was August 24,
    1992.
    2
    OBVR systems accomplish vapor recovery through devices
    built into the vehicle rather than into the fuel pump.

    —3—
    regulations shall apply only in areas of the State that
    are classified as moderate, serious, severe or extreme
    nonattairiment areas for ozone pursuant to Section 181
    of the federal Clean Air Act
    (42 USC 7511), but shall
    not a~rnlyto areas classified as moderate nonattainment
    areas for ozone if the Administrator of the U.S.
    Environmental Protection Agency promulaates standards
    for vehicle-based (onboard) systems for the control of
    vehicle refueling emissions pursuant to Section
    202(a) (6)
    of the federal Clean Air Act
    (42 USC
    7521(a) (6)
    by November 15.
    1992.
    (415 ILCS 5/10,
    emphasis added)
    Now, however,
    it appears’that federal promulgation of OBVR
    regulations will in fact occur.
    The National Resources Defense
    Council
    (NRDC)
    and others have successfully brought suit against
    USEPA for failure to promulgate the OBVR regulations.
    (NRDC v.
    Reilly,
    No.
    92-1137, D.C. dr.
    Jan. 22,
    1993.)
    The court has
    found that USEPA did not have the discretion to forego
    promulgation of the OBVR regulations, and accordingly ordered
    USEPA to proceed with the regulations.
    Additionally, a consent
    decree has been entered that requires that USEPA promulgate the
    OBVR regulations by January 22,
    1994.
    In recognition of these OBVR developments, the Agency on May
    3
    1993 filed a motion with the Board requesting that the Board
    adopt an emergency rule that would extend the deadline upon which
    affected facilities in the Metro—East area were required under
    Section 219.586 to come into compliance with the Stage II
    requirements.
    By order of May 20,
    1993 the Board granted the
    Agency’s motion and adopted an emergency rule, the net effect of
    which was to temporarily move out the compliance date to October
    15,
    1993.
    That date is now past,
    and, absent further regulatory
    amendment,
    the affected facilities are again required to be in
    compliance with Stage II requirements.
    It is the Agency’s observation that absent repeal of the
    Stage II rules
    the specter is raised of a very large capital
    outlay in an economically depressed area of the State
    to satisfy a Clean Air Act requirement for only a very
    short period of time.
    Specifically, the Agency
    estimated that the capital outlay for installation of
    Stage II at the 400 area station would be approximately
    $14 million.
    In January when the OBVR rules are
    promulgated, there is no longer a federal requirement
    for Stage II systems to be in place.
    (Agency Statement of Reasons at p.2)

    —4—
    ADDITIONAL INFORMATION
    In the interest of assuring a full record in this matter,
    the Board asks the Agency and interested persons to present the
    following particular information:
    (1) the number of facilities
    that have already installed some Stage II equipment,
    including
    those who may have done installation in conjunction with
    installing new tanks;
    (2) the remaining equipment or
    modifications necessary to operate Stage II vapor recovery in
    accordance with the in—place rule; and
    (3) cost estimates to
    complete installation that has
    begun,
    and estimated costs to
    operate a Stage II program in accordance with the in—place rule.
    As a final matter, the Board observes that the Act at
    Section 10 specifies that Stage II
    “...
    regulations
    ...
    shall not
    apply
    ...
    if
    USEPA)
    ...
    promulgates OBVR)
    standards
    ...
    by
    November 15,
    1992”
    (see full quotation above).
    In light of this
    language, the Board particularly asks interested persons to
    Comment on whether USEPA’s failure to promulgate OBVR regulations
    by November 15,
    1992 constitutes an impediment to the Board’s
    moving forward with repeal of the Metro-East Stage II
    regulations.
    ORDER
    The Board hereby adopts for first notice the following
    amendments to 35 Ill. Adm. Code 219 effectuating the repeal of
    Section 219.586.
    The Clerk of the Board is directed to file this
    proposal with the Secretary of State for publication in the
    Illinois RecUster.
    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
    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

    —5—
    219.108
    Exemptions, Variations,
    and Alternative Means of
    Control or Compliance Determinations
    Vapor Pressure of Volatile Organic Liquids
    Vapor Pressure of Organic Material or Solvent
    Vapor Pressure of Volatile Organic Material
    Incorporations
    by
    Reference
    Monitoring for Negligibly-Reactive Compounds
    SUBPART B:
    ORGANIC EMISSIONS FROM STORAGE AND LOADING OPERATIONS
    Section
    219. 121
    219.122
    219.123
    219.124
    219.125
    219.126
    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
    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
    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
    219.109
    219.110
    219.111
    219.
    112
    219.
    113
    Section
    219.3 01
    219.
    3 02

    —6—
    219.303
    Fuel Combustion Emission Units
    219.304
    Operations
    with
    Compliance Program
    SUBPART
    H:
    PRINTING
    AND
    PUBLISHING
    Section
    219.401
    219.402
    219.403
    219
    404
    219.405
    Flexographic and Rotogravure Printing
    Applicability
    Compliance Schedule
    Recordkeeping and Reporting
    Heatset-Web-Offeet Lithographic Printing
    SUBPART
    Q:
    LEAKS
    FROM
    SYNTHETIC
    ORGANIC
    CHEMICAL AND POLYMER
    MANUFACTURING
    PLANT
    SUBPART
    R:
    PETROLEUM
    REFINING
    AND
    RELATED
    INDUSTRIES;
    ASPHALT
    MATERIALS
    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
    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)
    SUBPART
    S:
    RUBBER
    AND
    MISCELLANEOUS
    PLASTIC
    PRODUCTS
    Section
    219. 461
    219.
    4 62
    219.463
    219.464
    219.465
    Manufacture of Pneumatic Rubber Tires
    Green
    Tire
    Spraying
    Operations
    Alternative Emission Reduction Systems
    Emission Testing
    Compliance Dates
    (Repealed)
    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 (Repealed)

    —7—
    219.466
    Compliance Plan
    (Repealed)
    SUBPART
    T:
    PHARMACEUTICAL
    MANUFACTURING
    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
    Material Storage and Transfer
    In-Process Tanks
    Leaks
    Other Emission Units
    Testing
    Monitoring
    for Air Pollution Control Equipment
    Recordkeeping for Air Pollution Control Equipment
    SUBPART V:
    AIR OXIDATION PROCESSES
    Definitions
    (Repealed)
    Emission Limitations for Air Oxidation Processes
    Testing and Monitoring
    Compliance
    Date
    (Repealed)
    SUBPART
    W:
    AGRICULTURE
    Section
    219.541
    Pesticide Exception
    Bulk Gasoline Plants
    Bulk Gasoline Terminals
    Gasoline Dispensing Facilities
    Storage Tank Filling
    Operations
    Gasoline Delivery Vessels
    Gasoline Volatility Standards
    Gasoline
    Dispensing
    Operations
    Motor Vehicle Fueling
    Operations
    (ReDea led)
    SUBPART
    Z:
    DRY
    CLEANERS
    219.483
    219.484
    219.485
    219.486
    219.487
    219.488
    219.489
    Section
    219.521
    219.525
    219.526
    2 19.527
    SUBPART
    X:
    CONSTRUCTION
    Architectural Coatings
    Paving Operations
    Cutback
    Asphalt
    SUBPART Y:
    GASOLINE DISTRIBUTION
    Section
    219.561
    219.562
    219.563
    Section
    219.
    581
    219.582
    219.583
    219.584
    219.
    585
    219.586
    Section

    —8—
    2 19.601
    219.602
    219.603
    219.604
    219.605
    219.606
    219.607
    219.
    608
    219.609
    219.610
    219.611
    2 19.612
    219.613
    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
    219.875
    219. 877
    219.879
    219.881
    219.883
    219. 886
    Section
    219.920
    219.923
    219.926
    219.
    927
    219.
    928
    Perchloroethylene
    Dry
    Cleaners
    Exemptions
    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
    Exemption for Petroleum Solvent Dry Cleaners
    Compliance Dates
    (Repealed)
    Compliance Plan (Repealed)
    SUBPART AA:
    PAINT AND
    INK
    MANUFACTURING
    Applicability
    Exemption for Waterbase Material and Heatset-Offset
    Ink
    Permit Conditions
    Open-iop
    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
    Applicability of Subpart BB (Renumbered)
    Emissions Limitation at Polystyrene Plants(Renumbered)
    Compliance Date (Repealed)
    Compliance Plan (Repealed)
    Special Requirements for Compliance Plan (Repealed)
    Emissions Testing
    (Renumbered)
    SUBPART
    PP:
    MISCELLANEOUS
    FABRICATED
    PRODUCT
    MANUFACTURING PROCESSES
    Applicability
    Permit Conditions
    Control
    Requirements
    Compliance Schedule
    Testing
    SUBPART
    QQ:
    MISCELLANEOUS
    FORMULATION
    MANUFACTURING
    PROCESSES

    —9—
    Section
    219.940
    Applicability
    219.943
    Permit
    Conditions
    219.946
    Control
    Requirements
    219.947
    Compliance
    Schedule
    219.948
    Testing
    SUBPART
    RR:
    MISCELLANEOUS
    ORGANIC
    CHEMICAL
    MANUFACTURING
    PROCESSES
    Section
    219.960
    Applicability
    219.963
    Permit
    Conditions
    219.966
    Control
    Requirements
    219.967
    Compliance
    Schedule
    219.968
    Testing
    SUBPART
    TT:
    OTHER
    EMISSION
    UNITS
    Section
    219.980
    Applicability
    219.983
    Permit
    Conditions
    219.986
    Control
    Requirements
    219.987
    Compliance
    Schedule
    219.988
    Testing
    SUBPART
    UU:
    RECORDKEEPING
    AND
    REPORTING
    Section
    219.990
    Exempt
    Emission
    Units
    219.991
    Subject Emission Units
    Section 219.Appendix A:
    List of Chemicals Defining Synthetic
    Organic Chemical and Polymer
    Manufacturing
    Section 219.Appendix B:
    VOM Measurement Techniques for Capture
    Efficiency
    Section 219.Appendix
    C:
    Reference Test Methods For Air Oxidation
    Processes
    Section 219.Appendix D:
    Coefficients for the Total Resource
    Effectiveness Index
    (TRE)
    Equation
    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
    5f10
    and
    28.53.
    SOURCE:
    Adopted
    at
    R91-8
    at
    15
    Ill.
    Reg.
    12491,
    effective
    August
    16,
    1991;
    amended
    in
    R91-24
    at
    16
    Ill.
    Reg.
    13597,
    effective
    August
    24,
    1992;
    amended
    in
    R91—30
    at
    16
    Ill.
    Reg.
    13883,
    effective
    August
    24,
    1992; emergency amendment in R93-12 at 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,

    —10—
    1993 and October 21,
    1993; amended in R93-28 at
    Ill. Reg.
    ,
    effective __________________________
    SUBPART Y:
    GASOLINE DISTRIBUTION
    Section 219.586
    Gasoline Dispensing Operations
    -
    Motor
    Vehicle Fueling Operations
    (Reosaled)
    a)
    For the purposes of this Section, the following
    definitions apply.
    1)
    Average mcnthly volume means the amount of motor
    vehicle fuel dispensed per month from a gasoline
    dispensing operation 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
    operation was operating.
    2)
    Certified means 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 CARE
    manual,
    incorporated
    by reference at 219.112 of
    this Part.
    3)
    Completion of installation means 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,
    incorporated by reference at 219.112 of this
    Part.
    4)
    Constructed means fabricated,
    erected or
    installed; refers to any facility, emission source
    or air pollution control equipment.
    5)
    CARE
    means California Air Resources Board, P.O.
    Box 2815,
    Sacramento,
    CA 95812.
    6)
    Employee means any person who performs work for an
    employer.
    7)
    Operation means 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.

    —11—
    8)
    Gasoline
    dispensing
    operation
    means
    any
    operation
    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 means any change, removal or
    addition, other than an identical replacement, of
    any component contained within the vapor
    collection and control system..
    10)
    Motor vehicle means any self—propelled vehicle
    powered by an internal combustion engine
    including, but not limited to, automobiles and
    trucks.
    Specifically excluded from this
    definition are watercraft and aircraft.
    11)
    Motor vehicle fuel means 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 means any person who owns,
    leases,
    operates,
    manages,
    supervises or controls
    (directly
    or
    indirectly)
    a
    gasoline
    dispensing
    operation.
    13)
    Reid vapor pressure for gasoline,
    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
    219.112 of this Part.
    14)
    Vapor collection and control system means any
    system certified by CARE 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.
    b)
    The provisions of subsection
    (c) below shall apply to
    any gasoline dispensing .operation 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.
    c)
    No owner or operator of a gasoline dispensing
    operation subject to the requirements of subsection
    (b)
    above shall cause or allow the dispensing of motor
    vehicle fuel at any time from a motor fuel dispenser
    unless the dispenser is equipped with and utilizes a

    —12—
    vapor
    collection and control system which is properly
    installed and operated as provided below:
    1)
    Any
    vapor collection and control system installed,
    used or maintained has been CARE certified.
    2)
    Any
    vapor collection and control system utilized
    is maintained in accordance with the
    manufacturer’s specifications and the
    certification.
    3)
    No elements or components of a vapor collection
    and control system 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 has no
    defective, malfunctioning or missing components.
    5)
    Operators and employees of the gasoline dispensing
    operation are trained and instructed in the proper
    operation and maintenance of a vapor collection
    and control system.
    6)
    Instructions
    are
    posted
    in
    a
    conspicuous
    and
    visible
    place
    within
    the
    motor fuel dispensing
    area and describe the proper method of dispensing
    motor vehicle fuel with the use of the vapor
    collection and control system.
    d)
    In conjunction with the compliance provisions of
    Section 219.105 of this Part,
    operations subject to the
    requirements of subsection
    (c) above shall demonstrate
    compliance according to the following:
    1)
    Operations that commenced construction after
    November 1,
    1990, must comply by May 1,
    1993.
    (BOARD
    NOTE:
    The Board adopted an emergency rule
    in R93-l2, extending the compliance date in
    Section 219.586(d) (1)from May 1,
    1993 to October
    15,
    1993.
    This emergency rule became effective on
    May 24,
    1993 and will expire on October 21,
    1993.3
    2)
    Operations 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)
    Operations
    that commenced construction before
    November
    1,
    1990,
    and
    dispense
    an average monthly

    —13—
    volume of less than 100,000 gallons of motor fuel
    per month must comply by November 1,
    1994.
    4)
    New operations constructed after the adoption of
    this Section shall comply with the requirements of
    subsection
    (C)
    above upon startup of the
    operation.
    5)
    Existing
    operations
    previously
    exempted from but
    which
    become
    subject to the requirements of
    subsection
    (c)
    above
    after
    May
    1,
    1993
    shall
    comply with the requirements of subsection
    (c)
    above within six calendar months of the date from
    which
    the
    operation
    becomes
    subject.
    e)
    Any
    gasoline
    dispensing
    operation
    that
    becomes
    subject
    to
    the
    provisions
    of
    subsection
    (C)
    above
    at
    any
    time
    shall
    remain
    subject
    to
    the
    provisions
    of
    subsection
    (c)
    above
    at
    all
    times.
    f)
    Upon request by the Agency, the owner or operator of a
    gasoline dispensing operation 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
    operation
    is in fact exempt.
    g)
    Recordkeeping
    and
    reporting:
    1)
    Any gasoline dispensing operation subject to
    subsection
    (c) above shall retain at the operation
    copies of the registration information required at
    subsection
    (h)
    below.
    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
    operation
    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.
    B)
    That
    proper
    maintenance
    has
    been
    conducted
    in
    accordance
    with
    the
    manufacturer’s
    specifications
    and
    requirements.
    C)
    The
    time
    period
    and
    duration
    of
    all
    malfunctions
    of
    the
    vapor
    collection and
    control
    system.

    —14—
    D)
    The motor vehicle fuel throughput of the
    operation for each calendar month of the
    previous
    year.
    E)
    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 operation subject to subsection
    (C)
    above shall be exempt from the permit requirements
    specified
    under
    35
    Ill.
    Adm. Code 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
    operation
    submits
    to
    the
    Agency
    a
    registration
    which
    provides
    at
    minimum
    the
    operation
    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.
    2)
    The
    registration
    is
    submitted
    to
    the
    Agency
    within
    30
    days
    of
    completion
    of
    such
    installation.
    3)
    A
    copy
    of
    the
    registration
    information
    is
    maintained
    at
    the
    gasoline
    dispensing
    operation.
    4)
    Upon
    the
    modification
    of
    an
    existing
    vapor
    collection
    and
    control
    system,
    the
    owner
    or
    operator
    of
    the
    gasoline
    dispensing
    operation
    submits
    to
    the
    Agency
    a
    registration
    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:
    Repealed
    at
    ____
    Ill.
    Reg.
    ___________,
    effective
    ________
    ________
    .)

    —15—
    IT
    IS
    SO
    ORDERED.
    I,
    Dorothy
    M.
    Gunn,
    Clerk
    of
    the
    Illinois
    Pollution
    Control
    Board, hereby certify that the above opinion and order was
    adopted on the
    ~
    day
    of
    ___________________,
    1993,
    by
    avoteof
    ~—C
    .
    Control Board

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