ILLINOIS

POLLUTION

CONTROL

BOARD

December 20,

1984

IN THE

MhTTER OF~

)

STAGE

II VAPOR RECOVERY

)

R83~i7

CONTROLS AT GASOLINE

)

DISPENSING STATIONS

)

ORDER OF THE

BOARD

(by

B.

Forcade):

On September

~,

1983, the

Board

opened

this docket,

on its

own motion,

to authorize preliminary inquiry hearings into the

concept of Stage

II Vapor Recovery systems.

To add focus to the

inquiry

hearings,

the Board included

a preliminary draft

regula-

tory

proposal

based on a California regulation.

The Board also

solicited

comments

on

six questions pertaining

to Stage

II systems

and encouraged alternative draft proposed regu:iations from all

participants0

While this docket was pending the 83rd General Assembly

adopted SB 1945, which would provide

a new paragraph 22.9

to the

Environmental Protection Act VAct~):

The Board

shall not adopt any

regulation

requiring the use of

a Phase—Il Vapor

Recovery System at gasoline dispensing

facilities

until

the U.S.

Environmental

Protection Agency has determined that

the use

of

such

system

is required for

compliance

with

the federal

Clean Air

Act.

On

September

16,

1984,

the

Governor

vetoed

SB

:1945.

On

November

28,

1984,

the

Senate

passed

an

override motion of the

veto

by

a

vote

of

40

to

2.

On

December

11,

1984,

the

House

override

motion

passed

by

a

vote

of

88

to

6.

Consequently,

SB

1945

is

now

Public Act

83~1494,

effective

as

Section

22.9

of

the

Act

on

December

11,

19840

U.S.

EPA

has

stated,

in

a

letter

dated

April

24,

1984,

that

its

final

approval

of

the

Illinois

1982

Ozone

and

Carbon.

Monoxide

SIP

is

contingent

upon

adherence

to

Illinois~

commitment

to

adopt

Stage

II

Vapor

Recovery

regulations

if

additional

hydrocarbon

emission

reductions

are

found

to

be

necessary.

The

SIP provision

involved

contains

a

commitment by

the Illinois Environmental

Protection

Agency

to

propose

Stage

II Vapor Recovery regulations

to

the

Board

and a

commitment

by

the Board

to

consider

such

a

proposal

if

necessary

to

bring

the

Chicago

and

East

St.

Louis

metropolitan

areas

into

compliance

with

the

ozone

and

carbon

---

2

monoxide

air

q.iality

standards.

The

Board

finds that this

U.S.

EPA statements

which

was

known

to

the

General Assembly

at the time that P~ 83~l484was enacted,

is insufficient

as

a

US.

EPA

“determination’s

that Stage

II Vapor Recovery per

se

is

necessary

for compliance with the Clean Air Acts

Based on the action

of the General

Assembly, the Board

hereby

dismisses the Board preliminary draft proposal

and

closes

the

docket.

IT

IS

SO

ORDERED.

I,

Dorothy M, Gunn, Clerk of the Illinois Pollution Control

Board,

hereby certify ~thatthe above Order was adopted on the

~

day of

______________,

1984 by a vote of

-_________

i5~rothyM.

~unn,

Clerk

Illinois Pollution Control Board

62-42