ILLINOIS POLLUTION CONTROL BOARD

January 20,

1994

IN THE MATTER

OF:

)

STAGE II VAPOR RECOVERY IN

)

 R93-28

THE METRO-EAST AREA: REPEAL

)

 (Rulemaking)

OF 35 ILL.

 ADM. 219.586

)

Proposed Rule.

 Second Notice.

OPINION AND ORDER OF THE BOARD

 (by R.C.

 Flenial):

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

Counties, Illinois).

 By today’s action the Board adopts the

repeal proposal for second notice.

The Board’s responsibility in this matter arises from the

Illinois Environmental Protection Act

 (Act)

 (415 ILCS 5/1 et

seq.).

 The Board is charged under the Act to “determine, define

and implement the environmental control standards applicable in

the State of Illinois”

 (Act at Section 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, whereas the Agency is responsible for

 carrying out the principal administrative duties.

PROCEDURAL HISTORY

On November 4,

 1993 the Board adopted the repeal proposal

for first notice.

 Publication occurred at 17 Ill. Reg.

 20203,

November 29,

 1993.

Hearing was held on December 7,

 1993 in Collinsville,

Illinois.

 Testimony was presented by representatives of the

Agency, the Illinois Petroleum Marketers Association

 (IPMA), the

Illinois Association of Convenience Stores,

 Piasa Motor Fuels,

Inc.

 (Piasa), Clinton County Oil Company,

 Inc.,

 and the Illinois

Petroleum Council.

The 45-day first-notice comment period closed on January 14,

1994.

 Comments were filed by the Department of Commerce and

Community Affairs

 (DCCA)

 (PC #1), IPMA

 (PC #2), Administrative

Code Division

 (PC #3)

 and the Agency

 (PC #4).

 Administrative

Code Division recommended one non—substantive change which the

Board accepts.

 DCCA has determined that the proposed rule will

not “significantly impact small businesses”.

 (PC #1.)

—2—

Repeal of the Stage II regulations is predicated upon

adoption by the United States Environmental Protection Agency

(USEPA)

 of rules that govern on-board vapor recovery

 (OBVR)

systems

 (see discussion following).

 The OBVR rules are scheduled

for signing on January 22,

 1994.

 (PC #4 at ¶2.)

 The Board

believes that it is in the public interest that Illinois respond

to adoption of the OBVR rules expeditiously.

 Pursuant thereto,

the Board today adopts repeal of the Stage II controls for second

notice.

RATIONALE

Stage II vapor recovery systems are designed to control and

capture hydrocarbon vapors during the fueling of motor 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 19921 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 rionattainment area.

The Clean Air Act, however, does provide for

 a circumstance

under which Stage II regulations are ~

 required in moderate

ozone nonattainment areas.

 That circumstance is that the USEPA

promulgate regulations for OBVR2.

The Clean Air Act specifies that USEPA was to promulgate the

OBVR regulations by November 15,

 1991.

 However,

 tJSEPA had still

not promulgated the OBVR regulations by November 15,

 1992, the

date on which the Clean Air Act required the State to implement

 In the Matter of:

 Stage II Gasoline Vapor Recovery Rules:

Amendments to 35

 Ill.

 Adm. 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.

 OBVR systems accomplish vapor recovery through devices

built into the vehicle rather than into the fuel pump.

—3—

Stage II in the absence of OBVR regulations.

 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

regulations shall apply only in areas of the State that

are classified as moderate, serious, severe or extreme

nonattainment areas for ozone pursuant to Section 181

of the federal Clean Air Act

 (42 USC 7511),

 but shall

not ap~lvto areas classified as moderate nonattainment

areas for ozone if the Administrator of the U.S.

Environmental Protection Agency ~romu1~ates 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.

 Cir. 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.

 (See Exh.

1.)

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

—4—

•.. 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)

COSTS

In the interest of assuring a full record in this matter,

the Board asked 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.

Information presented at hearing included some answers to

these questions.

 The Agency witness testified that under the

current regulations,

 377 facilities would be subject to the

current Stage II control requirements in the Metro-East area

absent the repeal as follows:

Madison County

188

Monroe County

—

19

St.

 Clair County

—

170

 (Tr. at 13)

Additionally, the Agency provided other documentation that

includes costs estimates for Stage II vapor recovery

requirements.

 Using the cost information presented, the Agency

calculates Metro—East area figures as follows

 (Tr.

 at 13):

Throughput

 Number of

 Capital Cost

 Total Cost

(gal. /inonth)

 Facilities

 Per Facility

 By Size

10,000

—

 24,999

62

 9,760

 605,120

25,000

—

 49,999

97

 27,480

 1,695,560

50,000

—

 99,999

133

 24,120

 3,207,960

100,000 or more

 36,710

 3,120,990

Totals

377

 $8,361,990

—5—

Piasa presents the following cost estimate to install Stage

II vapor recovery at an existing location:

COST ESTIMATE TO INSTALL STAGE II VAPOR RECOVERY

AT AN EXISTING LOCATION

4—6 Hose MPD

 6—6 Hose MPD

24 Hoses

 36 Hoses

Nozzles, hoses, etc.

OPW Nozzle $155

Dayco Hose

105

Whip Hose

44

Breakaway

~

$400

 9,600

 $14,400

Labor to Retrofit Dispenses

 4,000

 6,000

Underground Piping

 Materials

labor, excavation,

 paving

 20,000

 25,000

Vacuum Assist Kits $3480/each

 13,920

 20,880

$47,520

 $66,280

Annual maintenance cost,

 for hoses, nozzles, and bellows is

$l50—$200 per hose plus labor

(Estimates prepared by Piasa Motor Fuels with help from

Superior Equipment)

 (Exh.

3.)

Piasa states that estimating costs for retrofitting Stage II

is difficult for a “typical” location, because every location and

situation is different.

 (Id.)

No facilities to date have registered Stage II systems with

the Agency or have applied for any associated construction and

operating permits.

 Ten to 15 percent of the area retail stations

have probably installed the underground vapor recovery lines

during station upgrades

 in the past few years.

 (Tr. at 17.)

The

Agency estimates that the average cost to install Stage II vapor

recovery at a “typical” service station is approximately

$40,000.00.

 For the effected facilities in the Metro—East area,

the Agency estimates $8,000,000.00 in capital costs for all

facilities, and an ongoing annual operational cost of $7,000 per

station.

(u.)

ADDITIONAL INFORMATION

As a final matter, the Board observed at first notice that

the Act at Section 10 specifies that Stage II

“...

 regulations

shall not apply

...

if

 USEPA)

...

 promulgates OBVR

—6—

standards

...

 by November 15,

 1992”

 (see full quotation above).

In light of this language, the Board at first notice asked

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.

At hearing, the Agency observed that in promulgating the

Stage II regulations in 1992 the State was acting in accord with

the requirements of the Clean Air Act.

 The Agency further

observes that in now proposing to repeal Stage II in the Metro-

East moderate nonattainment area the State would be continuing to

act not only in accord with the Clean Air Act, but also the

Court’s order and the consent decree in NRDC v. Reilly and the

clear legislative intent of implementing Stage II only if OBVR

regulations were not in place.

 (Pr. at 37.)

 (See also PC #4 at

¶1.)

 Other participants at hearing agreed that the timeframes in

the state legislation were intended to be consistent with the

federal requirements.

 (Tr. at 35,

36,

 20.)

 IPMA also stated

that it believes that the current language in the statute is not

 an impediment to the current action to repeal the Stage II

requirements

 (Tr. at 35.)

 IPMA

further states that the

legislative history of SB 1241

 (see full quotation of 415 ILCS

5/10,

 above) which changed the requirements for Stage II vapor

recovery was intended to bring the State into conformance with,

but to be no more stringent than the requirements of the federal

CAA.

 (PC #2 at 9.)

Based on the information in the record, the Board believes

that it is prudent to move forward with the repeal of the Stage

II vapor recovery rules for moderate nonattainment areas in

Illinois.

 The rules requiring Stage II vapor recovery in

moderate nonattainment areas appear to no longer be economically

reasonable.

 There

 is further no indication in the record that

the VOM reductions accomplished through use of Stage II are

necessary to meet

CAA

objectives in addition to

OBVR.

 As the

Agency has observed:

These Stage II systems would provide redundant control

when onboard canisters are present, and would provide

little additional vapor recovery at great cost.

 (Tr.

at 14.)

ORDER

The Board hereby adopts for second notice the following

amendments to 35

 Ill.

 Adin.

 Code 219 effectuating the repeal of

Section 219.586.

 The Clerk of the Board is directed to submit

this proposal with the Joint Committee on Administrative Rules.

TITLE 35:

 ENVIRONMENTAL

PROTECTION

SUBTITLE B:

 AIR POLLUTION

—7—

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

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 Solvent

Vapor Pressure of Volatile Organic Material

Incorporations by Reference

Monitoring for Negligibly-Reactive Compounds

Separation Operations

Pumps and Compressors

Vapor Blowdown

Safety Relief Valves

SUBPART B:

 ORGANIC EMISSIONS FROM STORAGE

AND

LOADING OPERATIONS

Section

219.121

 Storage Containers

219.122

 Loading Operations

219.123

 Petroleum Liquid Storage Tanks

219.124

 External Floating Roofs

219.125

 Compliance Dates

 (Repealed)

219.126

 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

SUBPART E:

 SOLVENT CLEANING

Solvent Cleaning in General

Cold Cleaning

Open Top Vapor Degreasing

Conveyorized Degreasing

Compliance Schedule (Repealed)

—8—

Emission Limitations

Daily-Weighted

Average

Limitations

Solids

Basis

Calculation

Alternative

 Emission

Limitations

Exemptions

From

 Emission Limitations

Exemption

From

General

Rule

Use

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

SUBPART H:

 PRINTING

AND

PUBLISHING

Flexographic

and

Rotogravure

Printing

Applicability

Compliance

Schedule

Recordkeeping

and

Reporting

Heatset-Web-Offset Lithographic Printing

SUBPART

Q:

 LEAKS FROM SYNTHETIC ORGANIC CHEMICAL AND POLYMER

MANUFACTURING

PLANT

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)

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

219.186

Test

Methods

SUBPART F:

 COATING OPERATIONS

Section

219.204

219.205

219.206

219.2 07

219.

2 08

219.209

219.2 10

219

211

Section

219.301

2 19.302

219.303

219.304

Section

219.401

219.402

219.403

219.404

219.405

Section

219.421

219.422

219.423

219.424

219.425

219.426

219.427

219.428

219.429

219.430

—9—

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

RUBBER

AND

MISCELLANEOUS

PLASTIC

PRODUCTS

Section

219.461

Manufacture

 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

Section

219.480

 Applicability

219.481

 Control of Reactors, Distillation Units, Crystallizers,

Centrifuges

and

Vacuum

Dryers

219.482

Control

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:

 AIR OXIDATION PROCESSES

Section

219.521

 Definitions

 (Repealed)

219.525

Emission

Limitations

for

Air

Oxidation

Processes

219.526

Testing

and

 Monitoring

219.527

Compliance

Date

(Repealed)

SUBPART

AGRICULTURE

Section

219.541

 Pesticide Exception

SUBPART X:

 CONSTRUCTION

Section

—10—

219.561

2 19.562

219.563

Section

219.581

219.582

219.583

219.

584

219.585

219.586

Architectural

Coatings

Paving

Operations

Cutback

Asphalt

SUBPART Y:

 GASOLINE DISTRIBUTION

Bulk

Gasoline

Plants

Bulk Gasoline Terminals

Gasoline

Dispensing

Facilities

Storage

Tank

Filling

Operations

Gasoline

Delivery

Vessels

Gasoline

Volatility

Standards

Gasoline

Dispensing

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

Exemptions

Leaks

Compliance

Dates

Repealed

Compliance

Plan

(Repealed)

Exception

 Compliance Plan

 (Repealed)

Standards

for

 Petroleum Solvent Dry Cleaners

Operating

Practices

for

Petroleum

Solvent

Dry

Program

for

Inspection

and

Repair

 of Leaks

Testing

and

Monitoring

Exemption

for

Petroleum

Solvent

Dry

Cleaners

Compliance

Dates

(Repealed)

Compliance

Plan

(Repealed)

Cleaners

SUBPART

AA:

 PAINT AND INK

MANUFACTURING

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

Open-iop Mills, Tanks, Vats or Vessels

Grinding

Mills

Storage Tanks

Leaks

Clean

Compliance

Schedule

Recordkeeping and Reporting

SUBPART

BB:

POLYSTYRENE

PLANTS

Applicability

Emissions

Limitation

Polystyrene

Plants

Emissions

Testing

—11—

219.875

219.877

219.879

219.881

219.883

219.886

Section

219.920

219.923

219.926

219.927

219.928

Applicability

Subpart

(Renumbered)

Emissions

Limitation

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

Section

219 .940

219

943

219.946

219.947

219.948

Section

219.960

219.963

219.966

219.967

219.968

Section

219.980

219.983

219.986

219.987

219.988

Applicability

Permit

Conditions

Control Requirements

Compliance Schedule

Testing

SUBPART PR:

 MISCELLANEOUS ORGANIC CHEMICAL

MANUFACTURING PROCESSES

Applicability

Permit

Conditions

Control

Requirements

Compliance Schedule

Testing

SUBPART TT:

 OTHER EMISSION

 UNITS

Applicability

Permit Conditions

Control

Requirements

Compliance Schedule

Testing

SUBPART UU:

 RECORDKEEPING AND REPORTING

Exempt

Emission

Units

Subject

Emission

Units

Section

219.990

219. 991

—12—

Section 219.Appendix A:

 List of Chemicals Defining Synthetic

Organic

Chemical

and

Polymer

Manufacturing

Section

2l9.Appendix

VOM

Measurement

Techniques

for

Capture

Efficiency

Section

219.Appendix

Reference

Test

Methods

For

Air

Oxidation

Processes

Section

219.Appendix

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

5/10

and

28.5.

SOURCE:

Adopted

R91-8

Ill.

Reg.

12491,

effective

August

16,

1991;

amended

R91—24

Ill.

Reg.

13597,

effective

August

24,

1992;

amended

R91—30

Ill.

Reg.

13883,

effective

August

24,

1992;

 emergency amendment in R93-12 at Ill.

Reg.

8295,

effective

May

24,

1993,

for

maximum

150

days,

amended

R93—9

Ill.

Peg.

16918,

 effective September 27,

1993

and

October

21,

1993;

amended

P93—28

Ill.

Req.

___________

effective

__________________________

SUBPART

Y:

 GASOLINE DISTRIBUTION

Section

219.586

 Gasoline Dispensing Operations

Motor

Vehicle Fueling Operations

 (Repealed)

a)

 For the purposes of this Section, the following

definitions apply.

1)

 Average monthly volume means the amount of motor

vehicle

fuel

dispensed

per

 month from a gasoline

dispensing

operation

based

upon

 monthly average

for

the

2-year

period

 November,

1990

through

October,

1992

or,

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.

Certified

means

any

vapor

 collection and control

system

which

has

been

tested

and

 approved by CARB

having

vapor

recovery

and

removal

 efficiency

least

(by

weight)

shall

 constitute a

certified

vapor

 collection and control system.

CARB

testing

and

approval

pursuant

the

CARB

manual,

 incorporated by reference at 219.112

this

Part.

Completion

 installation means the successful

passing

one

 more of the following tests

applicable

the

 installed vapor collection and

—13—

control

system:

Dynamic

Backpressure

 Test,

Pressure

Decay/Leak

Test,

and

Liquid

Blockage

Test,

incorporated

reference

219.112

this

Part.

4)

 Constructed means fabricated,

 erected or

installed;

refers

any

facility,

emission

 source

air

pollution

control

equipment.

CARB

means

California

Air

Resources

Board,

P.O.

Box

2815,

Sacramento,

95812.

6)

 Employee means any person who performs work for an

employer.

7)

 Operation means any building,

 structure,

installation,

operation

 or combination thereof

located

contiguous

 properties and under common

ownership

that

provides

for

the

 dispensing of

motor

vehicle

fuel.

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

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

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

Reid

vapor

pressure

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

 accordance with either the method ASTM

D323

 modification of ASTM D323 known as the

“dry

method”

set

forth

CFR

80,

Appendix

—14—

E, incorporated by references

 in 35

 Ill. Adm.

 Code

219.112

this

Part.

14)

Vapor

collection

and

control

system

means

any

system

certified

CARB

which

limits

the

discharge

the

atmosphere

motor

vehicle

fuel

vapors

displaced

during

the

dispensing

motor

vehicle

fuel

into

motor

vehicle

fuel

tanks.

The

provisions

subsection

(c)

below

shall

apply

any

gasoline

dispensing

operation

which

dispenses

average

monthly

volume

than

10,000

gallons

motor

vehicle

fuel

per

month.

 Compliance shall be

demonstrated

accordance

with

the

schedule

provided

subsection

(d)

below.

owner

operator

gasoline

dispensing

operation

subject

the

requirements

subsection

(b)

above

shall

cause

allow

the

dispensing

motor

vehicle

fuel

any

time

from

motor

fuel

dispenser

unless

the

dispenser

equipped

with

and

utilizes

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 CARB certified.

Any

vapor

collection

and

control

system

utilized

maintained

 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.

vapor

collection

and

control

system

has

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

dispensing

motor

vehicle

fuel

with

the

use

the

vapor

collection

and

control

system.

—15—

conjunction

with

the

compliance

provisions

Section

219.105

this

Part,

operations

subject

the

requirements

subsection

(c)

above

shall

 demonstrate

compliance

according

the

following:

Operations

that

commenced

construction

after

November

1990,

must

comply

May

1993.

BOARD

NOTE:

The

Board

adopted

emergency

rule

R93-12,

extending

the

compliance

date

Section

219.586(d)

(1) from

May

1993

October

15,

1993.

This

emergency

rule

became

effective

May

24,

1993

and

will

expire

October

21,

1993.

Operations

that

commenced

construction

 before

November

1990,

and

dispense

average

monthly

volume

than

100,000

gallons

motor

fuel

per

month

must

 comply by November

1,

 1993.

Operations

that

commenced

construction

before

November

1990,

and

dispense

average

monthly

volume of less than

100,000

gallons

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

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.

Any

gasoline

 dispensing operation that becomes subject

the

 provisions of subsection

 (c) above at any time

shall

remain

subject

the

provisions

subsection

(c)

above

all

times.

Upon

request

the

Agency,

the

owner

operator

gasoline

dispensing

operation

which

claims

exempt

from

the

 requirements of this Section shall submit

records

the

Agency

within

calendar

days

from

the

date

the

request

which

demonstrate

that

the

gasoline

dispensing

operation

fact

exempt.

g)

 Recordkeeping and reporting:

Any

gasoline

dispensing

operation

subject

subsection

(c)

above

shall

 retain at the operation

—16—

copies

the

registration

information

required

subsection

(h)

below.

Records

and

reports

required

pursuant

this

subsection

shall

made

available

the

Agency

upon

request.

Records

and

reports

which

shall

maintained

the

owner

operator

the

gasoline

dispensing

operation

shall

clearly

demonstrate:

That

certified

vapor

collection

and

control

system

has

been

installed

and

tested

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.

D)

 The motor vehicle fuel throughput of the

operation

for

each

calendar

month

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

—17—

the

date

completion

installation

the

vapor

collection

and

control

system.

2)

 The registration is submitted to the Agency within

days

completion

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

operator

the

gasoline

dispensing

operation

submits

the

Agency

registration

that

details

the

changes

the

 information provided in the

registration

the

vapor

collection

and

control

system

and

 which includes the signature of

the

owner

operator.

The

registration

 must be

submitted to the Agency within 30 days of

completion of such modification.

(Source:

 Repealed at 18

 Ill. Peg.

___________,

 effective

_____________________________________________________________________

)

IT IS SO ORDERED.

Board Member J. Theodore Meyer concurred.

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

____________________,

 1994, by

avoteof

Dorothy M.

 Gunn,

 Clerk

Illinois Pollution Control Board

L—20—94

 01:lOp

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Current

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38,880

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3,013

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