ILLINOIS POLLUTION CONTROL BOARD
    January
    8,
    1987
    IN THE MATTER OF:
    )
    PROPOSED AMENDMENTS
    )
    R85—21
    TC
    35 ILL.
    ADM.
    )
    DOCKET A
    CODE 211 AND
    215
    ORDER OF THE BOARD
    (by R.C.
    Flemal):
    This matter comes before
    the Board upon
    a motion of the
    Illinois Environmental Protection Agency
    (“Agency’t)
    filed
    on
    December
    17,
    1986.
    The Board published the Second Notice Opinion and Order
    in
    this docket on November
    20,
    1986.
    The Board
    has not as of yet,
    however, forwarded
    the Cpinion and Crder
    and related materials to
    the Joint Committee on Administrative Rules
    (“Joint
    Committee”).
    The
    Second Notice period for
    this proceeding has
    not, therefore,
    officially begun
    to run.
    The Agency’s December
    17 motion suggests that there
    is
    a
    significant omission
    in
    35
    Ill.
    Adm.
    Code 215.584(b)
    and
    (d), as
    proposed by the
    Board.
    Those subsections,
    as adopted
    at Second
    Notice, do not contain compliance dates specifying the time by
    which gasoline delivery vessels
    in Illinois must display the
    required
    sticker(s)
    indicating that the vessel
    has passed
    a leak
    test.
    Proposed Subpart
    Y requires such display as prerequisite
    to the loading
    of gasoline delivery vessels.
    The Agency states
    that without
    inclusion of
    a compliance date, the effective date
    will be
    the date of publication
    in the Illinois Register.
    That
    development, contends the Agency, would
    cause delivery vessels
    to
    be denied loading privileges at
    terminals
    in the Chicago and East
    St.
    Louis urbanized areas.
    The Agency proposes that December
    31,
    1987,
    be
    adopted
    as
    the date for compliance with the sticker display requirement.
    The Illinois Petroleum Council filed
    a
    couin’ent on December
    18,
    1986,
    in support of both the necessity of
    inclusion of
    a
    compliance deadline, as well
    as the selection of December
    31,
    1987,
    as the date
    itself.
    The Board
    finds
    that inclusion of
    a compliance deadline
    in
    section
    215.584(b)
    and
    (d)
    is necessary,
    and that the December
    31,
    1987, date
    is technically feasible and economically
    reasonable.
    The Board will therefore add that date
    to both
    subsections,
    in the manner
    suggested by the Agency.
    The Board
    also takes this opportunity to make additional
    changes
    to proposed
    section 215.584(d).
    These
    alterations, which
    are made
    for
    the sole purpose of clarifying the requirements of
    subsection
    (d)
    and
    do not substantively modify
    it
    in
    any way,
    consist of the
    following.
    The word “that”
    has been deleted from
    74-521
    —2—
    the fourth line of subsection
    (d)
    and
    “(a)”
    has been added
    immediately after the word “Subsection”
    in that same line.
    Also,
    the words
    “acceptable
    to”
    in line five have been deleted and
    replaced
    by the words “approved by”.
    Section 215.584(b)
    and
    Cd), as adopted
    at
    Second Notice and
    forwarded to the Joint Committee,
    shall therefore read as
    follows:
    b).
    Any delivery vessel meeting the requirements of
    Subsection
    (a)
    shall have
    a sticker
    affixed
    to the
    tank
    adjacent
    to the tank manufacturer’s data plate which
    contains the tester’s name, the tank identificatio~
    number
    and the date
    of the test.
    The sticker shill
    be
    in
    a form prescribed by the Agency and shall E~9
    disp1a~yed no later
    then December
    31,
    1987.
    d).
    Any delivery vessel which has undergone and passed
    a
    test
    in another
    state which has
    a USEPA—ap~rovedleak
    testing and certification program will satisfy the
    requirements of Subsection
    (a).
    Delivery vessels must
    display
    a sticker, decal
    or
    stencil
    approved by the
    state where
    tested or comply with the Le9ui~ementsof
    Subsection
    (b).
    All
    such stickers, decals
    or
    stencils
    shall
    be disp1a~yedno later
    then December
    31,
    1987.
    Finally, the Agency’s December
    17 motion also ccrrectl~’~’
    notes that there
    is
    a
    typographical error
    in 35
    Ill.
    Adm. Code
    215.249,
    as pr9posed
    by the Board
    at
    Second Notice.
    That section
    refers to Subpart “N”, when
    it should
    in fact refer
    to Subpart
    “H”
    Correction
    of this error
    is hereby made.
    IT
    IS SO ORDERED.
    I,
    Dorothy
    N.
    Cunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the ab~pveOpinion and Order was
    adopted on
    the
    ~‘~i—
    day of
    ~
    ,
    1987, by a vote
    )77~
    ~
    Dorothy
    M. Ø~nn,Clerk
    Illinois Pollution Control Board
    74-522

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