ILLINOIS POLLUTION CONTROL BOARD

February 6, 1992

IN THE MATTER OF:

)

)

STAGE II GASOLINE VAPOR RECOVERY

)

R91-30

RULES:

AMENDMENTS TO 35 ILL.

)

(Rulemaking)

ADM. CODE PARTS 215,

218,

AND

219

)

ORDER

OI~

THE BOARD

(by R.

C.

Flemal):

On January 22,

1992,

the Illinois Environmental Protection

Agency

(Agency)

filed this proposal for rulemaking.

The proposal

is intended to regulate the installation and operation of systems

for gasoline vapor recovery of emissions from the fueling of

motor vehicles.

Pursuant to Section 182(b) (3)

of the Clean Air

Act, as amended in 1990,

Illinois is to submit these regulations

as a revision to its state implementation plan

(SIP)

by November

15,

1992.

This proposal is directed at both Illinois non-attainment

areas.

These include the Chicago area counties of Cook,

DuPage,

Kane,

Lake, McHenry, and Will,

as well as Oswego township in

Kendall County and Aux Sable and Goose Lake Townships in Grundy

County; and the Metro—East area,

consisting of Madison, Monroe,

and St. Clair Counties.

After a review of the proposal, the Board finds that the

proposal substantially meets the requirements of the

Environmental Protection Act

(Act)

(Ill.Rev.Stat.

1989,

ch.

ill

1/2,

par. 1001 et.

seq) and the Board’s procedural rules.

The

hearing officer is authorized and directed to require the Agency

to provide any additional information which may be necessary.

The proposal is accepted for hearing.

This order starts the

timeclock for the Board’s economic impact study

(EcIS)

determination and for first notice publication pursuant to

Sections

27 and 28.2 of the Act.

(See 35 Ill.Adm.Code

102. 160 (b)

.)

The Agency has filed several motions with the proposal.

The

Agency asks that the Board waive several requirements which

govern the filing of a regulatory proposal.

Specifically, the

Agency asks:

1) that it be allowed to submit four complete copies

of the proposal and six partial copies of the proposal, rather

than the original and nine complete copies;

2) that it need not

supply the Attorney General with a complete copy of the proposal;

and;

3) that it need not provide copies of material to be

incorporated by reference.

The Board grants the Agency’s

motions.

The Agency need not submit ten complete copies of the

proposal,

and, because the Attorney General has agreed to accept

a partial copy of the proposal, the Agency need not serve a

-

130—179

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2

complete copy on the Attorney General.

Because the documents

which are proposed to be added to the incorporation by reference

provisions are Parts of the Code of Federal Regulations, the

Agency need not supply the Board with copies of those documents.

The Agency has also submitted a request for expedited

hearing, based upon its statement that the 1990 Clean Air Act

Amendments require Illinois to submit this revision to USEPA by

November 15,

1992.

The Board assures the Agency, and all other

interested persons, that the Board places a high priority on the

quick resolution of this proposal, and will proceed as quickly as

possible, within the constraints of notice, publication, and

hearing requirements imposed by several statutes.

The Board also notes that the Agency has certified, pursuant

to Section 28.2 of the Act, that this rule is federally required.

The Board accepts that certification,

and will reference the

certification in its first notice publication.

IT IS SO ORDERED.

I, Dorothy N.

Gunn,

Clerk of the Illinois Pollution Control

‘3o~,

hereby cert~ythat the above Order was adopted ~n the

‘-h--

day of

~

,

1992, by a vote of

—

~

~~-!~orothy

N. ,~inn,Clerk

Illinois Pc~lutionControl Board

130—180