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. CODE 219.586

)

CONCURRING OPINION

 (by J. Theodore Meyer):

I concur with the majority’s decision to proceed to second

notice of the repeal of

 35 Ill. Adm. Code 219.586.

 I do so

because

 I believe that the Illinois General Assembly intended the

state’s requirements for Stage II vapor recovery to be no more

stringent than required by the federal Clean Air Act.

 (415 ILCS

5/10.)

 However,

 in the absence of that provision,

 I would prefer

that the Stage II requirement apply to the Metro—East area.

I

believe that Stage II is an important complement to on—board

vapor recovery (OBVR)

 systems, since Stage II would have an

immediate impact.

I believe that a number of gasoline stations in the Metro-

East area have already retrofitted their facilities to include

some Stage II equipment.

 In many of those cases,

 the owner of

the station is capitializing the expense, while charging the

tenant an increased rent to cover the costs of those upgrades.

urge the owners and operators of those stations to demonstrate

 leadership in the environmental area, and to operate Stage II

vapor recovery equipment voluntarily.

 Given the relatively

modest operational costs, and the fact that the majority of the

equipment has been paid for and installed, this is an opportunity

to gain accolades for voluntary steps to reduce air pollution in

the St. Louis airshed.

For these reasons,

 I concur.

L~T’-~---~1

/L—\

Theodore(~Meyer

Bo’~rdMember

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify

th,a~t

the above concurring opinion was filed

on the

~/-‘~-~

 day of

 1994.

Control Board