ILLINOIS POLLUTION CONTROL BOARD
March
9,
1989
IN THE MATTER OF:
LIMITS TO VOLATILITY OF
)
R88-30
GASOLIN~E
ORDER OF THE BOARD
(by J.D.
Dumelle):
Statement
Of
Intent
To Proceed
On January
5,
1989
the Board adopted
an Order requesting
written public comment on the issue
of regulating
the volatility
of gasoline
in Illinois.
To date,
the Board has received
twenty—
six public comments
responding
to this issue.
The Board
finds
that the quality and quantity of information submitted will
require careful
review.
However, the Board has determined
that
it will proceed
to hearing
in this matter.
The Board
intends
to
adopt shortly an Opinion and Order
proposing
a regulation which
will serve as
a focal
point
for
the purpose of public hearings.
The Board is well aware that the United States Environmental
Protection Agency (USEPA) has proposed
a rule
to limit gasoline
volatility nationwide.
However, uncertainties exist regarding
the
federal proposal which persuade the Board
that
it
is
in
the
best interests of public health and the environment
to proceed
at
this time.
First,
the federal proposal has been awaiting review
by the Office
of Management
and Budget
(0MB).
None of the public
comments has stated with certainty when,
if ever, 0MB will act on
the proposal.
Nor can anyone state with certainty what the
substance
of the
federal
rule will
be.
Second,
Public Comment
No.
23,
from the Illinois Environmental Protection Agency
(Agency)
,
suggested
that the
Board delay action until
the federal
government
acts; provided, however,
that
if
the
federal
government
fails
to act by August,
1989,
the Board
can then
proceed
so as
to adopt
a rule for the 1990 ozone season.
Although the
Board appreciates
the Agency’s position,
the Board
believes that,
to have
a rule
in place by the
1990 ozone season,
the rulemaking process,
including public hearings,
review by the
Joint Committee on Administrative
Rules, etc, must begin without
delay.
The Board would not likely be making
further
determinations
until summer
in any event.
If the
tJSEPA
promulgates
a regulation,
the Board will
consider the
advisability of proceeding with its own rulemaking
at that time.
Thus,
the Board
intends
to propose
a
rule
and initiate
the
hearing process.
All
interested
persons will have
an opportunity
to further present their views at hearing and
as provided
thereafter.
As the hearing
process will
require
some time
to
97—163
—2—
complete,
the Board does not envision adopting
a rule
to govern
the 1989 ozone season.
The Clerk is directed
to send this Order
to all persons on
the notice list.
Moreover,
a copy of this Order
shall appear
in
the next issue
of the Environmental Register.
IT
IS SO ORDERED.
I,
Dorothy M.
Gunn, Clerk of
the Illinois Pollution Control
Board,
her~.bycertify that the above Order was adopted on
the
_______________
day of
~—t_~-2~
,
1989 by a vote
of
7—o
.
0
Illmo
lution Control Board
97—164