Attachment 32

Joint Committee on Administrative Rules 

Certification of No Objection 

and Second Notice Changes 

dated December 17, 2013

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Attachment 33

Adopted Rule, Final Order

Opinion and Order of the Board

By J.D. O’Leary 

dated December 19, 2013

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ILLINOIS POLLUTION CONTROL BOARD

December 19, 2013 

IN THE MATTER OF: 

VAPOR RECOVERY RULES: 

AMENDMENTS TO 35 ILL. ADM. CODE 

PARTS 201, 218, and 219

)

)

)

)

)

 R13-18 

 (Rulemaking - Air)

Adopted Rule. Final Order. 

 

OPINION AND ORDER OF THE BOARD (by J.D. O’Leary):

Today the Board adopts final amendments to its air pollution rules at 35 Ill. Adm. Code 

201, 218, and 219. With this final adoption, the Board makes only several minor changes to the 

rule amendments proposed at second notice. The Board now files the adopted amendments with 

the Secretary of State, ensuring that they will have a calendar year 2013 effective date. See 5 

ILCS 100/5-40(d) (2012). 

The amendments include the phase-out of Stage II vapor recovery systems at the pump 

nozzles of gasoline dispensing facilities (GDFs) in the Chicago ozone nonattainment area 

(NAA). The phase-out is based upon the determination of the United States Environmental 

Protection Agency (USEPA), pursuant to the federal Clean Air Act (CAA) Amendments of 1990 

(42 U.S.C. § 7511a(b)(3)), that there is widespread use of on-board refueling vapor recovery 

(ORVR) throughout the national motor vehicle fleet. The phase-out is further based upon 

decreased emission reductions resulting from simultaneously using ORVR and incompatible 

Stage II systems. 

This rulemaking was initiated on March 18, 2013, when the Illinois Environmental 

Protection Agency (IEPA) filed a rulemaking proposal under Sections 10, 27, and 28 of the 

Environmental Protection Act (Act) (415 ILCS 5/10, 27, 28 (2012)). The Board issued an order 

on April 4, 2013, accepting IEPA’s proposal for hearing and granting IEPA’s motion for 

expedited review, which accompanied the proposal. To allow the State of Illinois to begin 

realizing additional emission reduction benefits, IEPA asked the Board to adopt final

amendments by the end of the 2013 calendar year. Along with further reducing emissions, the 

amendments will (1) allow existing GDFs to begin decommissioning Stage II systems and (2) 

eliminate the requirement for new GDFs to install and operate Stage II systems. 

 

In granting IEPA’s motion for expedited review, the Board stated that it would, subject to 

available resources, “endeavor to adopt final rules by the end of this calendar year.” Vapor 

Recovery Rules: Amendments to 35 Ill. Adm. Code Parts 201, 218, and 219, R13-18, slip op. at 

3 (Apr. 4, 2013) (First Notice). The Board’s April 4, 2013 order accordingly adopted the 

proposed amendments for first notice without commenting on their merits. 

First-notice publication of the amendments appeared in the Illinois Register on May 10, 

2013 (37 Ill. Reg. 6028 (Part 201); 37 Ill. Reg. 6054 (Part 218); 37 Ill. Reg. 6083 (Part 219)). 

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Section 5-40(b) of the Illinois Administrative Procedure Act (IAPA) (5 ILCS 100/5-40(b) 

(2012)) requires the Board to receive any public comments for at least 45 days from the date of 

first-notice publication. The Board received public comments from IEPA; the Illinois Petroleum 

Marketers Association and the Illinois Association of Convenience Stores (collectively, IPMA); 

and ARID Technologies, Inc. (ARID). The Board also conducted two public hearings during 

this rulemaking. 

On November 7, 2013, the Board adopted second-notice amendments for review by the 

Joint Committee on Administrative Rules (JCAR). The Board at second notice made only minor 

changes to the first-notice rule language. At its December 17, 2013 meeting, JCAR issued a 

certification of no objection concerning the amendments. As noted, the final rules reflect only 

minor revisions to the second-notice rule language. 

 

In this opinion, the Board first provides the procedural history of the rulemaking. This is 

followed by a table of acronyms used in this opinion. The Board then discusses the adopted 

amendments and its findings. The final rule language is set forth in the order following this 

opinion. 

PROCEDURAL HISTORY

 

IEPA Proposal and Motions; First Notice

On March 18, 2013, IEPA filed its rulemaking proposal, which included a Statement of 

Reasons (SR) and a Technical Support Document (TSD). IEPA’s proposal was accompanied by 

a motion for expedited review and a motion for waiver of copy requirements. On April 4, 2013, 

the Board accepted the Agency’s proposal for hearing and granted IEPA’s motion for expedited 

review. The Board found that “the emission reduction benefits for the State and economic 

savings for affected [GDFs], as described by IEPA, justify establishing a January 1, 2014 starting 

date to phase-out the Chicago NAA Stage II program.” First Notice at 3. In accord with 

expedited review, the Board adopted the proposed amendments for first notice without 

commenting on their merits. 

In its April 4, 2013 order, the Board reserved ruling upon IEPA’s motion for waiver of 

copy requirements and directed IEPA to provide, by May 6, 2013, further information in support 

of that motion. On May 2, IEPA filed its response to the Board’s order. The Board granted

IEPA’s waiver motion on November 7, 2013. 

The first-notice amendments were published in the Illinois Register on May 10, 2013. 

See 37 Ill. Reg. 6028, 6054, 6083 (May 10, 2013). 

 

Public Hearings

The Board held two public hearings in this rulemaking. The first hearing took place in 

Springfield on May 8, 2013, and the second hearing took place in Chicago on June 5, 2013. The 

transcripts of the Springfield hearing (Tr.1) and the Chicago hearing (Tr.2) were received by the 

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Board on May 13 and June 12, 2013, respectively, and promptly placed in the Clerk’s Office OnLine (COOL) on the Board’s Web site at www.ipcb.state.il.us. 

On April 24, 2013, IEPA timely filed its pre-filed testimony for the first hearing. To 

expedite the hearing process, four pages of Board staff questions for IEPA’s witnesses were 

attached to a hearing officer order of May 6, 2013. Two persons testified on behalf of IEPA at 

the first hearing: Darwin Burkhart, Manager of the Clean Air Programs of the Division of 

Mobile Source Programs within IEPA’s Bureau of Air; and Ross Cooper, Permit Engineer in the 

Permit Section of the Division of Air Pollution Control within IEPA’s Bureau of Air. Also 

appearing on behalf of IEPA were the following: Chuck Gebhardt, Manager of the Technical 

Services Section of IEPA’s Division of Mobile Source Programs; and Michael Rogers of IEPA’s

Technical Services Section. 

One person testified on behalf of the Office of the State Fire Marshal (OSFM) at the first 

hearing: Fred Schneller, Division Manager for OSFM’s Petroleum Chemical Safety Division. 

Also appearing on behalf of OSFM was Scott Johnson. One person testified on behalf of the 

Illinois Department of Agriculture (IDOA) at the first hearing: Doug Rathbun, Bureau Chief for 

IDOA’s Weights and Measures Bureau. 

The hearing officer entered three exhibits into the record at the first hearing:

• Pre-filed Testimony of IEPA’s Darwin Burkhart for First Hearing (Exh.1 or Burkhart 

PFT1); 

• Pre-filed Testimony of IEPA’s Ross Cooper for First Hearing (Exh. 2 or Cooper PFT1); 

and

• “Motor Vehicle Emission Simulator (MOVES),” User Guide for MOVES2010b, USEPA, 

Assessment and Standards Division, Office of Transportation and Air Quality, EPA-420-

B-12-00lb (June 2012) (Exh. 3 or MOVES User Guide).

IEPA timely filed its pre-filed testimony for the second hearing on May 28, 2013. To 

expedite the hearing process, two pages of Board staff questions for IEPA’s witnesses were 

attached to a hearing officer order of May 31, 2013. Two persons testified on behalf of IEPA at 

the second hearing: Mr. Burkhart and Mr. Gebhardt. Also appearing on behalf of IEPA were the 

following: Mr. Cooper, Mr. Rogers, and Jerry Clark, Clean Air Programs of IEPA’s Division of 

Mobile Source Programs. Also testifying at the second hearing was Jeff Dzierzanowski with 

Source North America Corporation. 

The hearing officer entered three exhibits into the record at the second hearing: 

• Pre-filed Testimony of IEPA’s Darwin Burkhart for Second Hearing (Exh. 4 or Burkhart 

PFT2)

• Pre-filed Testimony of IEPA’s Chuck Gebhardt for Second Hearing (Exh. 5 or Gebhardt 

PFT2); and 

• Links to Two Websites for “Selected Gasoline Dispenser Training and Certification 

Courses” (Exh. 6). 

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By order of June 13, 2013, the hearing officer entered two additional exhibits into the record: 

• Screen Shots for the Two Websites Identified in Exhibit 6 (Exh. 7); and 

• Run Specifications, Cook County, Years 2007, 2014, and 2020, Motor Vehicle Emission 

Simulator (MOVES2O lob), Printed through MOVES2OI Ob from Attachment B 

(Compact Disc) to IEPA’s Technical Support Document filed on March 18, 2013 (Exh. 

8).

 

Public Comments

IEPA (PC1) and IPMA (PC2) 

At the end of the second hearing, the hearing officer established a deadline of July 8, 

2013, for filing public comments. The deadline was reiterated in the hearing officer’s order of 

June 13, 2013. That order also posed questions for IEPA to address in public comment. IEPA 

filed a public comment on June 27, 2013 (PC1). 

On the final day for public comments, July 8, 2013, IPMA filed a comment (PC2)

through its Executive Vice President, William J. Fleischli. IPMA had not previously participated 

actively in the rulemaking. In its public comment, IPMA proposed that the requirement for new 

gasoline stations in the Chicago NAA to install Stage II vapor recovery equipment be eliminated 

immediately upon the effective date of the rule amendments, rather than eliminating the 

requirement only for new stations that commence operating on or after January 1, 2014, as 

proposed at first notice. PC2 at 1. IPMA likewise proposed that existing gasoline stations in the 

Chicago NAA be allowed to decommission Stage II vapor recovery equipment immediately upon 

the effective date of the rules, instead of having to wait until January 1, 2014, as proposed at first 

notice. PC2 at 1-2. IPMA primarily asserted that an earlier effective date to eliminate Stage II 

requirements would have a positive economic effect for Illinois. According to IPMA, during the 

last five months of calendar year 2013, petroleum marketers faced with maintaining existing or 

installing new Stage II equipment in Illinois would either not invest in Illinois stations or simply 

invest elsewhere. Id. 

 

IEPA (PC3) in Response to IPMA (PC2) 

By order of July 16, 2013, the hearing officer directed IEPA file a public comment by 

July 31, 2013, in response to IPMA’s public comment. IEPA did so on July 31, 2013 (PC3). 

IEPA explains that it spoke with IPMA about the latter’s comment and 

understands that IPMA’s concerns have been addressed. [IEPA] has committed 

to IPMA that it will continue working with IPMA should any compliance issues 

arise in a way that will be understanding of this situation and will seek to 

expeditiously and amicably resolve any such issues. As a result, [IEPA]

understands that an immediate effective date is no longer a request of or desired

by IPMA and that IPMA is in agreement with this statement. PC3 at 1. 

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Attached to IEPA’s PC3 is a July 31, 2013 letter from IPMA in which IPMA’s Executive Vice 

President, Mr. Fleischli, confirms these representations of IEPA. PC3, Exh. 1 at 1. 

ARID (PC4, PC5) and Responsive Comments of IPMA (PC6) and IEPA (PC7) 

On September 9, 2013, ARID Technologies, Inc. (ARID), a Wheaton, Illinois designer 

and manufacturer of vapor processors, sent an email message with attachments to the Board’s 

Clerk (PC4), accompanied by ARID’s request to accept the late submission. On September 10, 

2013, ARID sent another email message with an attachment to the Board’s Clerk as an 

addendum to PC4. ARID had not previously participated in this rulemaking. On September 16, 

2013, IEPA filed a motion to strike ARID’s PC4, including the addendum. On September 18, 

2013, IPMA filed a response opposing ARID’s request that PC4 be accepted into the record. 

ARID submitted an email message to the Clerk on September 20, 2013, opposing IEPA’s motion 

to strike. On September 23, 2013, ARID sent an email message with attachments to the Clerk 

(PC5). 

In an order of September 30, 2013, the hearing officer first construed both ARID’s 

motion to add and IEPA’s motion to strike as encompassing not only PC4, but also PC5, to 

promote administrative efficiency and avoid undue delay. The hearing officer then denied 

IEPA’s motion to strike and granted ARID’s motion to allow ARID’s PC 4 and PC5 into the 

record for the Board’s consideration. On his own motion, however, the hearing officer struck a 

video file attachment that ARID submitted (as part of PC4 on September 9, 2013) because the 

video was not readily viewable. PC4 is 87 pages long and PC5 is 26 pages long. 

In addition, the hearing officer’s order directed IEPA to file a public comment in 

response to ARID’s PC 4 and PC5 by October 11, 2013. The order also allowed any other 

participant to file a public comment responsive to PC4 and PC5 by the same deadline. The order 

added: “In so ruling, the hearing officer does not contemplate granting any further extensions of 

the public comment period.” Hearing Officer Order, R13-18 at 1 (Sept. 30, 2013). 

On October 11, 2013, pursuant to the hearing officer’s order, IPMA filed a public 

comment (PC6) and IEPA filed a public comment (PC7). 

Other Late Submissions from ARID 

On September 30, 2013, ARID submitted an email twice to the Board’s Clerk, each with 

different attachments. On October 1, 2013, ARID submitted another email to the Clerk, 

referencing the hearing officer’s September 30, 2013 order and purporting to provide a link for 

the video file stricken by the hearing officer. On October 16, 2013, ARID submitted an 

additional email to the Clerk with attachments, purportedly responding to either or both IPMA’s 

PC6 and IEPA’s PC7. Finally, on November 6, 2013, ARID submitted three more emails to the 

Clerk, including another attachment and purported link for a video (. For the reasons detailed in 

the Board’s second-notice opinion of November 7, 2013, the Board declined to consider these 

additional late submissions from ARID and, on its own motion, struck them. 

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Second Notice and Additional Late Submissions

On November 7, 2013, the Board issued a second-notice opinion and order, proposing 

amendments for JCAR’s review. By letters of November 8, 2013, one for each of Parts 201, 

218, and 219, JCAR informed the Board of the following: (1) JCAR accepted the Board’s 

second notice submittal; (2) the second-notice period began on November 7, 2013, and would 

end no later than December 21, 2013; and (3) the rulemaking would be considered at JCAR’s 

December 17, 2013 meeting. 

On November 14, 15, and 20, 2013, the Board received a total of 28 letters from Metea 

Valley High School students. Each letter opposes the decommissioning of Stage II vapor 

recovery systems. The Board appreciates the students’ participation but cannot consider the 

letters at this late stage of the rulemaking. The IAPA provides that once the second-notice 

period has begun, “no substantive change may be made to a proposed rulemaking unless it is 

made in response to an objection or suggestion of [JCAR].” 5 ILCS 100/5-40(c) (2012). As 

noted, the second-notice period for this rulemaking began on November 7, 2013. Further, during 

the second-notice period, the Board can accept comments “only from JCAR.” 35 Ill. Adm. Code 

102.606(a). 

The only changes suggested by JCAR to the second-notice rule language have been nonsubstantive in nature. Those several revisions appear in the final rules. On December 17, 2013, 

JCAR issued a certification of no objection concerning the amendments. 

Economic Impact Study

As required by Section 27(b) of the Act (415 ILCS 5/27(b) (2012)), the Board requested 

that the Department of Commerce and Economic Opportunity (DCEO) conduct an economic 

impact study (EcIS) on the proposed rules. The Board’s EcIS request was hand-delivered to 

DCEO on April 8, 2013. On April 10, 2013, the Board received DCEO’s response. DCEO 

states that based upon its review of the Board’s request and in light of continuing fiscal 

constraints, DCEO would not conduct an EcIS. At the first hearing, the hearing officer noted the 

Board’s EcIS request and DCEO’s response, affording anyone the opportunity to testify. No one 

testified about DCEO’s response. Tr.1 at 71-72. 

ACRONYMS USED IN THIS OPINION

 Acronyms used by the Board in this opinion include the following: 

CAA = Clean Air Act

CAAPP = Clean Air Act Permit Program

CARB = California Air Resources Board

GDFs = gasoline dispensing facilities

MOVES = MOtor Vehicle Emission Simulator 

NAA = nonattainment area

NAAQS = National Ambient Air Quality Standards

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NESHAP = National Emission Standards for Hazardous Air Pollutants

ORVR = on-board refueling vapor recovery 

RFP = Reasonable Further Progress

ROP = Rate of Progress

SIP = State Implementation Plan

STBL = storage tank breathing losses

UST = underground storage tank

VRS = vapor recovery systems

 

DISCUSSION

 The Board’s second-notice findings remain unchanged and are adopted at final notice. In 

this section of the opinion, the Board discusses the adopted amendments, the evidence and 

comments in the record, and the Board’s findings. The Board’s discussion proceeds as follows: 

 

• Overview of adopted amendments (pp. 7-8) 

• Applicable air quality standards (pp. 8-9) 

• Stage II SIP revision (p. 9) 

• ORVR (pp. 9-10) 

• Vapor recovery systems (pp. 10-11) 

• Incompatibility of Stage II vacuum assist and ORVR (pp. 11-12) 

• Stage II waiver and widespread use of ORVR (p. 12) 

• MOVES modeling (p. 13) 

• Timing of implementation—“Phase-Out” of Stage II (p. 14) 

• CAA “anti-backsliding” provision (p. 15) 

• Contested issues—retaining Stage II and/or requiring UST vapor processors (pp. 15-26) 

• State and CAAPP permitting exemptions for GDFs (pp. 26-28) 

• Part-by-Part analysis (pp. 28-34) 

• Technical feasibility and economic reasonableness (pp. 34-38). 

Overview of Adopted Amendments

The Board adopts final amendments to 35 Ill. Adm. Code Part 201 (applicable Statewide), Part 218 (applicable to the Chicago NAA), and Part 219 (applicable to the Metro-East 

NAA). 

Most significantly, the amendments phase out the Board’s requirements (35 Ill. Adm. 

Code 218.586) for installing and maintaining vapor recovery equipment at GDFs (i.e., Stage II 

requirements) in the Chicago ozone NAA. SR at 1, 3. Stage I refers to “the entire gasoline 

distribution system that includes all facilities from and including the refinery to the end user, 

except for vehicle refueling (so-called Stage II).” 73 Fed. Reg. 35940 (June 25, 2008). 

The phase-out of Stage II vapor recovery systems (VRS) is based upon USEPA’s 

determination that ORVR is widely used across the country and USEPA’s resulting waiver of the 

Stage II requirement of Section 182(b)(3) of the CAA (42 U.S.C. § 7511a(b)(3)). SR at 1. 

Phasing out the Stage II requirement affects those GDFs in the Chicago ozone NAA that are 

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subject to Section 218.586 (35 Ill. Adm. Code 218.586), including retail gas stations, and private 

and commercial fuel facilities. PFT1 Burkhart at 1. Section 218.586 applies to any GDF that 

“dispenses an average monthly volume of more than 10,000 gallons of motor vehicle fuel per 

month.” 35 Ill. Adm. Code 218.586(b). The adopted rules phase out existing Stage II systems in 

the Chicago ozone NAA over a three-year period, requiring that decommissioning be complete 

by December 31, 2016. SR at 7, 15. 

Phasing out Stage II requirements in the Chicago ozone NAA (1) allows the State of 

Illinois to realize additional emission reduction benefits, (2) allows existing GDFs in the Chicago 

ozone NAA to decommission Stage II systems starting on January 1, 2014, and (3) allows new 

GDFs locating in the Chicago ozone NAA on or after January 1, 2014, to avoid having to install 

and operate Stage II systems. SR at 1-2. 

This final order also amends State and federal Title V permitting regulations relating to 

fuel dispensing, including the repeal of the Stage I registration requirements. Finally, the 

amendments include clarifications to Parts 201, 218, and 219. Id. 

The Board’s Stage I regulations apply in the Chicago NAA (35 Ill. Adm. Code 218.583) 

and the Metro-East NAA (35 Ill. Adm. Code 219.583). The Board’s Stage II regulations apply 

in the Chicago NAA (35 Ill. Adm. Code 218.586). SR at 26. 

IEPA’s TSD includes three lists of sources potentially affected by the adopted 

amendments. TSD, Atts. A, F, G. Attachment A to the TSD is a list of the thousands of GDFs 

in the Chicago NAA, including those subject to the Stage I registration requirement or the Stage 

II maintenance requirement. SR at 26; TSD at 5, 17, Att. A. Attachment F is a list of over 600 

sources State-wide subject to Part 201 that may be eligible for the expanded 

exemption/insignificant activity provisions. SR at 26; TSD at 29, Att. F. Attachment G to the 

TSD lists the retail GDFs in the Metro-East NAA subject to the Stage I requirements that would 

be affected by the repeal of the registration requirement. SR at 26; TSD Att. G.

Applicable Air Quality Standards

 Under the 1990 one-hour National Ambient Air Quality Standards (NAAQS) for ozone, 

the Chicago NAA (Cook, DuPage, Kane, Lake, McHenry, and Will Counties, as well as Aux 

Sable and Goose Island Townships in Grundy County and Oswego Township in Kendall 

County) was classified as “severe” non-attainment and Metro-East (Madison, Monroe, and St. 

Clair Counties) was classified as “moderate” non-attainment. SR 12. The Metro-East NAA was 

later designated to attainment of the 1990 1-hour ozone standard, and this ozone standard was 

revoked June 15, 2005. See 40 C.F.R. § 81.314. 

Under the 1997 eight-hour ozone standard, which took effect on June 15, 2004, the 

Chicago NAA and Metro-East NAA (including Jersey County) were originally classified as 

moderate non-attainment. SR at 12. Both the Chicago and Metro-East NAAs were thereafter reclassified to attainment of the 1997 eight-hour ozone standard. Id. Under the 2008 eight-hour 

ozone standard, effective July 20, 2012, both NAAs have been classified as “marginal” nonattainment. SR at 12. 

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Stage II SIP Revision 

Section 182(b)(3) of the CAA (42 U.S.C. § 7511a(b)(3)) required that each state submit a 

revision to its state implementation plan (SIP) for ozone. The SIP revision had to require that 

owners and operators of certain types of GDFs install and operate Stage II equipment designed to 

capture emissions from refueling motor vehicles. Specifically, this requirement applied in 

moderate, severe, serious, and extreme ozone NAAs to GDFs that dispense more than 10,000 

gallons of gasoline per month. See 42 U.S.C. § 7511a(b)(3), (c), (d), (e). For Illinois, the 

Chicago ozone NAA and the Metro-East ozone NAA were implicated because they were 

classified, respectively, as severe and moderate non-attainment for the one-hour ozone NAAQS. 

See 40 C.F.R. § 81.314; SR at 3.

To enable the State of Illinois to comply with the CAA Section 182(b)(3) Stage II 

requirement, the General Assembly amended the Act, mandating that the Board adopt Stage II 

regulations. See 415 ILCS 5/10(D) (2012). In turn, the Board adopted the Stage II gasoline 

vapor recovery rules in 1992. See Stage II Gasoline Vapor Recovery Rules: Amendments to 35 

Ill. Adm. Code Parts 215, 218, and 219, R91-30 (Aug. 13, 1992) (final order). The rules are set 

forth in Parts 218 and 219 of Title 35 of the Illinois Administrative Code (35 Ill. Adm. Code 218, 

219). The Board’s Stage II rules were approved by USEPA as an ozone SIP revision in 1993. 

See 58 Fed. Reg. 3841 (Jan. 12, 1993); SR at 4.

The Chicago ozone NAA Stage II rule (35 Ill. Adm. Code 218.586) has required 

“gasoline dispensing operations that dispense an average monthly volume of more than 10,000 

gallons of motor vehicle fuel per month to install, operate, and maintain Stage II systems that are 

certified by the California Air Resources Board (‘CARB’) as having a vapor recovery and 

removal efficiency of at least 95 percent by weight.” SR at 4-5, citing 35 Ill. Adm. Code 

218.586(b), (c); PFT1 Burkhart at 3. As discussed below, the Metro-East NAA was only 

required to maintain a Stage II program until USEPA promulgated standards for ORVR, which 

occurred in 1994. 

ORVR

The CAA required USEPA to promulgate standards for vehicle-based (“onboard”) 

systems to control refueling emissions, which became known as “onboard refueling vapor 

recovery” or “ORVR” systems. See 42 U.S.C. § 7521(a)(6). CAA Section 202(a)(6) required 

auto manufactures to phase in ORVR systems on new vehicles based upon a percentage of each 

manufacturer’s fleet of vehicles, beginning with the fourth model year after the model year in 

which the standards were promulgated. See 42 U.S.C. § 7521(a)(6). 

USEPA promulgated ORVR standards on April 6, 1994.1

 SR at 3. Auto manufacturers 

were required to install ORVR systems, progressing from model year 1998 with light-duty cars 

1

 USEPA promulgated ORVR standards for light-duty vehicles and trucks on April 6, 1994 (59 

Fed. Reg. 16262 (Apr. 6, 1994)), codified at 40 C.F.R. Parts 86 (including § 86.098-8), 88, and 

600. 

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through model year 2006 for heavier light-duty gasoline trucks. Since model year 2000, all new 

passenger cars have been equipped with ORVR systems, and starting with model year 2006, all 

new vehicles less than a 14,000 pounds Gross Vehicle Weight Rating (GVWR) sold in the U.S. 

are required to have ORVR systems. See 77 Fed. Reg. at 28774; TSD at 4; PFT1 Burkhart at 4. 

Although Section 202(a)(6) of the CAA (42 U.S.C. § 7521(a)(6)) requires ORVR 

systems to provide a minimum evaporative emission capture efficiency of 95%, USEPA has 

found, based upon recent research, that the average in-use efficiency of ORVR is actually 98%. 

TSD at 4; PFT1 Burkhart at 4; Tr.1 at 15-16; 42 U.S.C. § 7521(a)(6); 77 Fed. Reg. 28775 (May 

16, 2012). Section 202(a)(6) provided that once USEPA promulgated standards for ORVR: (1) 

the Stage II requirement would no longer apply in moderate NAA; and (2) the USEPA 

Administrator could “revise or waive the Stage II requirement for serious, severe, or extreme 

ozone NAAs after a determination is made by the Administrator that ORVR is in widespread use 

through the motor vehicle fleet.” SR at 4. 

The Metro-East ozone NAA Stage II rule contained the same Stage II requirements as the 

Chicago ozone NAA rule, but the former was repealed in 1994 after USEPA signed the ORVR

final rule.2

 See Stage II Vapor in the Metro-East Area: Repeal of 35 Ill. Adm. Code 219.586, 

R93-28; 59 Fed. Reg. 16262 (Apr. 6, 1994). Section 202(a)(6) of the CAA provided that Stage II 

would no longer apply in moderate NAAs once USEPA promulgated ORVR standards. SR at 4-

5. 

Vapor Recovery Systems

Vapors 

During the dispensing of gasoline to fill a tank, the gasoline volatilizes in the tank and the 

vapors are displaced by the incoming liquid fuel. TSD at 2-3; PFT1 Burkhart at 3. As a result, 

the vapors are forced out of the tank. If the vapors are not captured, they are released into the 

atmosphere. Once in the atmosphere, gasoline vapors, which contain volatile organic 

compounds (VOCs), can react with other pollutants and sunlight to contribute to the formation of 

ground-level ozone pollution. TSD at 2-3. 

2 At the time, ORVR systems were referred to as “on-board vapor recovery” or “OBVR” 

systems. See Stage II Vapor in the Metro-East Area: Repeal of 35 Ill. Adm. Code 219.586, R93-

28; 59 Fed. Reg. 16262 (Apr. 6, 1994).

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Stage II Systems

The purpose of the Stage II program has been to capture gasoline vapors displaced during 

vehicle refueling. The Stage II rules have required GDFs to install equipment certified by CARB 

to capture, with at least 95% efficiency, gasoline vapors displaced during vehicle refueling. TSD 

at 2-3. Using Stage II equipment has been “credited with capturing harmful, ozone precursor 

emissions that would otherwise be released during vehicle refueling, thereby improving air 

quality and human health in the Chicago NAA.” Id. 

Stage II systems come in two basic types: vacuum-assist and balance. TSD at 3; PFT1 

Burkhart at 3-4. With a vacuum-assist system, during refueling, a vacuum pump on the vapor 

return line of the gasoline dispensing nozzle draws vapors from the vehicle fill pipe through the 

nozzle back into the GDF’s storage tank. Id. With the balance system, during refueling, a 

rubber boot on the nozzle provides a seal around the vehicle’s fill pipe, allowing a natural 

positive pressure differential to build between the vehicle’s fuel tank and the GDF’s storage tank. 

Id. This pressure differential draws gasoline vapors from the vehicle’s tank through the rubber 

boot into the GDF’s storage tank. Id. Unlike the vacuum-assist system, the balance system does 

not use a mechanical pump, but the balance systems are not popular with retail GDFs because 

customers dislike the bulky rubber boots. Id. 

 

ORVR Systems

 Unlike Stage II systems, which function through the gasoline dispensing nozzle, ORVR 

systems are integrated into the vehicle’s fueling system. TSD at 4; PFT1 Burkhart at 4. With 

ORVR, vapors in the vehicle’s fuel tank that are displaced during refueling are routed into a 

canister of activated carbon located onboard the vehicle. When the engine is started, these 

vapors are purged from the canister into the engine where they are burned as fuel. Id. 

Incompatibility of Stage II Vacuum-Assist and ORVR

Both vacuum-assist Stage II and ORVR systems are effective in capturing gasoline 

vapors and reducing VOC emissions. The two systems are generally incompatible, however, 

when operated simultaneously on the same vehicle. 77 Fed. Reg. at 28775; SR at 6; TSD at 4-5; 

PFT1 Burkhart at 4-5. When an ORVR-equipped vehicle is refueled using an ORVRincompatible vacuum-assist Stage II system, the ORVR captures the gasoline vapors first before 

they reach the Stage II system. Instead of capturing displaced vapors, the Stage II vacuum draws 

in fresh air and routes it into the GDF’s storage tank. Id. The fresh air causes the gasoline in the 

GDF’s storage tank to evaporate and increases the pressure within the storage tank. As a result, 

the gasoline vapors are pushed out of the storage tank through the vent pipe and released into the 

ambient air. Id. USEPA stated that this incompatibility can result in a 1% to 10% efficiency 

decrease in controlling vehicle fuel tank emissions, as compared to either the Stage II system or 

ORVR system operating alone. Id. 

Some Stage II vacuum-assist systems are compatible with ORVR systems. Such Stage II 

vacuum-assist systems shut off the pump when they detect the presence of an ORVR-equipped 

vehicle. In this way, less fresh air is drawn into the GDFs storage tank. SR at 6-7; TSD at 5; 

Illinois Ozone SIP Revision - Vehicle Refuleing Vapor Recovery Program: Attachments Page - 1139
TSD Att. A; PFT1 Burkhart at 5. Stage II balance systems are also compatible with ORVR 

systems. Id. Compatible Stage II systems could be used to comply with 35 Ill. Adm. Code 

218.586, but the vast majority of Stage II systems already in the Chicago NAA are incompatible 

with ORVR systems. Id. In the Chicago NAA, 2,420 GDFs have Stage II equipment. Of these, 

2,320 have the consumer-friendly vacuum-assist Stage II systems, 2,005 of which are 

incompatible with ORVR systems. The other 100 facilities use the balance type Stage II systems 

and are all for private fleets. Id. 

 

Stage II Waiver and Widespread Use of ORVR

CAA Section 202(a)(6) provides that USEPA may waive the Stage II requirement for 

serious, severe, or extreme ozone NAAs once USEPA determines that ORVR is in widespread 

use. SR at 2-3. USEPA defined “widespread use” as when at least 75% of gasoline is dispensed 

into ORVR-equipped vehicles. See 77 Fed. Reg. 28776 (May 16, 2012); Tr.1 at 15. Effective 

May 16, 2012, USEPA determined the following: 

[ORVR] technology is in widespread use throughout the motor vehicle fleet for 

purposes of controlling motor vehicle refueling emissions, and, therefore, . . . the 

[US]EPA is waiving the [CAA Section 182(b)(3)] requirement for states to 

implement Stage II gasoline vapor recovery systems at gasoline dispensing 

facilities in nonattainment areas classified as Serious and above for the ozone 

national ambient air quality standards (NAAQS). 77 Fed. Reg. at 28772. 

*** 

States now have the option of removing Stage II programs from their Ozone SIPs, 

by submitting a SIP revision requesting the USEPA to approve the removal. Id. at 

28779. The state must also provide, as appropriate, a demonstration that such 

revision is consistent with CAA section 110(1) (42 U.S.C. § 7410(1)) and that it 

would not result in an emissions increase or that the increase is offset by other 

changes in the SIP. Id. 

USEPA used the “MOtor Vehicle Emission Simulator” (MOVES) modeling program in 

determining the national widespread use date and expects states to include the MOVES model in 

their CAA Section 110(1) SIP demonstrations. See 77 Fed. Reg. at 28777; SR at 7. IEPA’s use 

of MOVES modeling, which includes state-specific program inputs, was able to identify areawide emissions impacts associated with maintaining and removing a Stage II program. SR at 7.

In August 2012, USEPA issued a guidance document entitled “Guidance on Removing 

Stage II Gasoline Vapor Control Programs from State Implementation Plans and Assessing 

Comparable Measures.” SR at 8. The Board is phasing out the Chicago ozone NAA’s Stage II 

program and requiring the decommissioning of existing Stage II equipment due to the following: 

(1) USEPA’s determination of the widespread use of ORVR; (2) the CAA Section 182(b)(3) (42 

U.S.C. § 7511a(b)(3)) Stage II waiver; and (3) IEPA’s assessment of the air quality impacts 

associated with retaining and removing the Stage II program. Id. 

Illinois Ozone SIP Revision - Vehicle Refuleing Vapor Recovery Program: Attachments Page - 1140
MOVES Modeling

 Following USEPA’s directive, IEPA used the MOVES model to evaluate refueling 

emissions and determine when the Stage II requirement should be repealed in the Chicago ozone 

NAA. TSD at 6-7; PFT1 Burkhart at 5. IEPA used the modeling to minimize the loss of 

effectiveness anticipated when ORVR and incompatible Stage II systems operate 

simultaneously. Id. IEPA’s modeling considered when requirements to install Stage II 

equipment should be discontinued and when existing Stage II equipment should be 

decommissioned. Id. 

 Specifically, IEPA used MOVES Version 2010b to estimate refueling emissions in the 

Chicago ozone NAA for the scenarios of “ORVR Only” and “ORVR + Stage II.” TSD at 7-8. 

IEPA ran the MOVES model for the entire Chicago ozone NAA. Resp. to June 17, 2013 

Hearing Officer Order at 2. IEPA described key input data for the modeling. TSD at 7. 

Parameters included data on annual vehicle miles traveled by type of vehicle (from the Illinois 

Department of Transportation), average meteorological data (from the National Weather Service 

at O’Hare International Airport), MOVES default data on fuel supply and fuel formation, and onboard diagnostics for idle and gas cap tests. TSD at 7; Tr.1 at 67-68. 

IEPA submitted a compact disc that includes the input and output files used with the 

MOVES model in the format required for SIP revisions. PFT2 Gebhardt at 3. IEPA indicated 

that providing a written summary of the compact disc’s voluminous data would be infeasible. 

PFT2 Gebhardt at 3; Tr.2 at 21-22. The MOVES2010b run specifications from the compact disc 

for the years 2007, 2014, and 2020 were entered into the record as Exhibit 8. Hearing Officer 

Order, R13-18, Att. C (June 17, 2013). 

IEPA ran the MOVES model for calendar years 2007 through 2020 as ORVR-equipped 

vehicles represent an increasing portion of the vehicle fleet. TSD at 7. For each year, IEPA 

modeled weekday emissions in the month of July to reflect the worst-case scenario for refueling 

emissions. More vehicle miles are traveled during the week than on weekends and USEPA 

considers July to be the peak of the ozone season. PC1 at 3. IEPA presented the modeling 

results for the entire Chicago ozone NAA in Figure 1 of the TSD and a table. Figure 1 

graphically displays a trend in total refueling emissions from GDFs in tons per day (tpd) by 

calendar year based upon an “ORVR Only” scenario superimposed onto a trend based upon 

“ORVR + Stage II.” TSD at 7-8; PFT1 Burkhart at 6; PFT2 Gebhardt at 4; Tr.1 at 62-63; PC1 at 

2. 

The “ORVR + Stage II” trend represents the projections under the Stage II program and 

reflects the incompatibility issue. From 2007 through 2020, Figure 1 depicts a trend of 

decreasing refueling emissions under the “ORVR Only” scenario, from more than 14 tpd in 2007 

to less than 2 tpd in 2020. Under the “ORVR + Stage II” scenario, Figure 1 depicts a trend of 

more gradually decreasing refueling emissions, from slightly more than 4 tpd to slightly less than 

4 tpd over the same time period. The “ORVR + Stage II” scenario still reflects an emissions 

decrease because, over time, older vehicles are being replaced by newer vehicles. Newer 

vehicles have better gas mileage and therefore spend less time at the pump. TSD at 8-10; PFT1 

Burkhart at 6; PFT2 Gebhardt at 5; Tr.1 at 16-17; Tr.2 at 20-21. 

Illinois Ozone SIP Revision - Vehicle Refuleing Vapor Recovery Program: Attachments Page - 1141
Timing of Implementation—“Phase-Out” of Stage II 

There is a “cross-over point” between July 2013 and July 2014 where the “ORVR-only” 

line in Figure 1 of the TSD crosses over the “ORVR + Stage II” line. TSD at 10. After the 

cross-over point, the simultaneous use of ORVR and incompatible Stage II systems would begin 

to result in an “emissions disbenefit,” i.e., smaller emission reductions through “ORVR + Stage 

II” than with “ORVR-only.” SR at 14; TSD at 8. 

The Board finds the MOVES modeling has demonstrated that beginning in 2014, ORVR 

alone would start providing greater reductions in refueling emissions than the simultaneous use 

of ORVR and Stage II in the Chicago ozone NAA. The disparity between the emission 

reductions by leaving the Stage II program in place versus removing it and relying solely upon 

ORVR will increase over time. TSD at 6-8, 10; PFT1 Burkhart at 6. Based upon this analysis, 

the Board adopts January 1, 2014, as the date to allow existing GDFs to begin decommissioning 

their Stage II equipment and to no longer require new GDFs to install Stage II equipment. PFT1 

Burkhart at 6; Tr.1 at 17, 20. The Stage II program will not cease operating on January 1, 2014. 

GDFs must continue to operate their Stage II equipment until the date they arrange to have the 

system decommissioned. Tr.2 at 20. 

Based upon this record, the Board finds that 0.07 fewer tpd would be emitted in 2014 

with ORVR-only versus Stage II + ORVR. In 2020, the difference becomes 2.54 fewer tpd, 

when 98% of the vehicle fleet is estimated to be ORVR-equipped. SR at 14; TSD at 8; PFT2 

Gebhardt at 5. The Board further finds that beginning in 2014, Stage II would no longer be 

necessary and, worse, its continued use would result in the release of more refueling vapors than 

with ORVR alone (due to the incompatibility of the two systems and the widespread use of 

ORVR). TSD at 6-7. IEPA’s MOVES analysis shows that Stage II + ORVR is currently 

providing emission reductions beyond what ORVR alone would achieve, but only until 2014. 

Tr.1 at 18. 

Figure 1 of the TSD also depicts the expected trend in refueling emissions over the threeyear decommissioning period. The refueling emissions trend starts at the cross-over point in 

January 2014 and decreases at a rate representing the shift in Stage II and ORVR use, meeting 

back up with the “ORVR-only” trend in 2017. TSD at 8, 10. The trend assumes 

decommissioning will proceed uniformly over the three-year period, though it cannot be 

specifically predicted when GDFs will decommission their Stage II systems. TSD at 8. 

The Board finds that these amendments should become effective by the end of this 

calendar year for three reasons: (1) to begin realizing additional emission reduction benefits as 

of January 1, 2014; (2) to allow existing GDFs to begin decommissioning Stage II equipment as 

of January 1, 2014, and (3) to ensure that new GDFs on and after January 1, 2014, are not 

required to install and operate Stage II systems. TSD at 34. 

Illinois Ozone SIP Revision - Vehicle Refuleing Vapor Recovery Program: Attachments Page - 1142
CAA “Anti-Backsliding” Provision 

The Board finds that choosing January 2014 to begin decommissioning Stage II systems 

enables the State to comply with the CAA Section 110(1) “anti-backsliding” provision (42 

U.S.C. § 7410(1)). A SIP revision must comply with CAA Section 110(l) to prevent the loss of 

emission reductions from removing an existing clean air program. Although Illinois could have 

phased out the Stage II program before January 2014, the CAA anti-backsliding provision would 

require substitute measures to compensate for the resulting loss of emission reductions. By 

keeping the Stage II program in place until the January 2014 cross-over point, there will be no 

loss in emission reductions. The Board finds that the adopted rule will therefore not interfere 

with attainment of the applicable NAAQS, Reasonable Further Progress (RFP), Rate of Progress 

(ROP), or any other applicable CAA requirement. TSD at 8-9; PFT1 Burkhart at 2, 6; Tr.1 at 16-

18. 

Contested Issues—Retaining Stage II and/or Requiring UST Vapor Processors

ARID

 

ARID urges the Board to reconsider requiring the decommissioning of Stage II vapor 

recovery systems. PC4 at 2. ARID contends that removing Stage II equipment and relying 

solely on ORVR technology “will increase refueling emissions.” Id. ARID argues that ORVR 

and the MOVES model do not address emissions from the GDF’s storage tanks. Some of the 

increased emissions, ARID adds, will result from refueling gas cans, motorcycles, and non-road 

vehicles, such as boats and snowmobiles, because none of these have ORVR technology. Id.

ARID refers to efforts in other states (Pennsylvania, Maryland, Rhode Island, Texas, 

Connecticut, and Massachusetts) to evaluate controls for storage tank emissions and enhancing 

or eliminating Stage II. PC4 at 1. ARID represents that Pennsylvania is considering field testing 

of storage tanks emissions under various scenarios with and without Stage II and storage tank 

vapor processors. Id. For Maryland, ARID includes an analysis of potential impacts associated 

with eliminating Stage II, considering emissions from gasoline vapor displacement and spillage 

associated with on-road and non-road equipment and vehicles. Id. For Rhode Island, ARID 

highlights a shared savings program using ARID’s vapor processor that generated money for the 

GDF owner/operator with no outlay costs for the vapor processor. Id. For Texas, ARID 

summarizes information on a GDF that voluntarily installed Stage II with the ARID vapor 

processor to maximize fuel savings and reduce emissions. Id. 

ARID submitted the calculations it prepared for the States of Massachusetts and 

Connecticut. PC4 at 2. According to ARID, emissions from ORVR vehicles and non-ORVR 

vehicles refueling at non-Stage II GDFs over a period of 2013-2022 exceed emissions from 

ORVR vehicles and non-ORVR vehicles refueling at Stage II GDFs. Id. ARID asserts that 

when GDF storage tank emissions are added, the emissions from the non-Stage II scenario are 

even greater. The calculations demonstrate, ARID continues, that the decision to decommission 

Stage II would result in a large net increase in emissions, which can negatively impact human 

health and the environment. Id. ARID asserts that such a decision would also impact areas in 

Illinois Ozone SIP Revision - Vehicle Refuleing Vapor Recovery Program: Attachments Page - 1143
which environmental justice is of concern, particularly where a disproportionate share of older 

vehicles are still in use. Id.

ARID provided its December 18, 2012 “White Paper” entitled “Stage II & ORVR and 

Associated Emissions of Gasoline Vapor, State of Connecticut Gasoline Dispensing Facilities.” 

PC4, White Paper. The White Paper’s Chart 3 on refueling emissions with “incompatibility 

excess emissions” depicts Connecticut data. PC4, White Paper at 7. Chart 3 shows a point 

where the “ORVR Only” line crosses the “Stage II plus ORVR (No Processor)” line. Id. 

According to ARID, the relative slopes of the lines in Chart 3 closely approximate the depiction 

of Chicago NAA data resulting from IEPA’s use of the MOVES model. PC4, White Paper at 7; 

PC5 at 1, 25, 26; see also TSD, Fig. 1. 

ARID asserts that the “key point” is made by the White Paper’s Chart 4, which, unlike 

Chart 3, accounts for storage tank breathing losses (STBL) in the emissions inventory and has 

“no crossover,” i.e., “the lines do not intersect.” PC5 at 1; PC4, White Paper at 7-8. According 

to ARID, if STBL are considered, the “ORVR + Stage II (with [incompatibility excess 

emissions]) emissions are less than the ORVR Only emissions throughout the entire time frame – 

up to and including 2022.” PC5 at 1. ARID notes that in Chart 3, STBL for the “ORVR Only” 

line are “strangely” set to zero. PC5 at 1; PC4, White Paper at 7-8. ARID maintains that “[t]he 

assumption of zero STBL is totally unrealistic and not supportable by actual measured data.” 

PC4, White Paper at 7. “It’s clear that the MOVES model,” continues ARID, “does not 

incorporate the impact of [STBL]; and this oversight is a very significant error.” PC5 at 1. 

To show the impact of non-road, non-ORVR vehicles, ARID also provides an analysis of 

Maryland’s Stage II requirements using USEPA’s NONROAD2008a model. PC4, Att. Entitled 

“Stage II Emission Reduction Benefits,” Meszler Engineering Services (Aug. 22, 2012). 

Instead of decommissioning Stage II vapor recovery systems, ARID recommends that 

“enhancing” Stage II systems “for minimizing emissions while at the same time yielding a 

favorable economic payback for the GDF owner.” PC4 at 2. ARID explains that enhanced 

Stage II uses “vapor processors with continuous pressure monitoring and remote data 

acquisition” for “managing storage tank pressure and significantly reducing incompatibility 

excess emissions and [STBL].” PC4, White Paper at 16. Among the benefits of enhanced Stage 

II, ARID lists:

• Control of VOC’s and HAP’s 

• Reduction of Toxic Exposure Risk to motorists, GDF employees and 

members of Community 

• Energy Recovery from saved gasoline

• Automatic monitoring and inspection through data logging and remote data 

acquisition system

• Continuous monitoring to reduce leaks in UST and Stage II piping system 

• Leverage valuable existing hardware already installed at GDF

• Improve operating efficiency and associated profitability for GDF 

• Allow both large capacity and small capacity GDF to earn benefits

PC4, White Paper at 17. 

Illinois Ozone SIP Revision - Vehicle Refuleing Vapor Recovery Program: Attachments Page - 1144
ARID asserts that a vapor processor can be “[c]ost neutral (or cash flow positive) to GDF 

using shared savings program.” PC4, Howard/Tiberi PowerPoint at 17. In an evaluation for 

Connecticut, ARID provided a range of cost effectiveness figures for the combination of Stage II 

+ ORVR + ARID’s vapor processor. For GDFs with a throughput of 700,001 to more than 

3,900,001 gallons per year, and STBL of 1.0 lbs/1,000 gallons of fuel, ARID calculated a cost

per ton of emissions reduced of $9,336 (for lower throughput) but a revenue per ton of emissions 

reduced of $145 (for higher throughput). When higher STBL of 2.5 lbs/1,000 gal are considered, 

the range is from a cost $6,910 per ton to a revenue of $852 per ton. PC4, White Paper at 13-15. 

Lastly, if the Board proceeds to require the decommissioning of Stage II vapor recovery 

systems, ARID alternatively recommends that the Board consider requiring the control of 

emissions from GDF storage tanks with a “vapor processor.” PC4 at 2. ARID also urges IEPA 

“to either make direct measurements of storage tank emissions or seek to participate with 

measurement efforts underway in the state of PA” to obtain field data upon which to make an 

objective decision based upon science. Id. 

IPMA Response to ARID

IPMA notes that ARID is one of several manufacturers that have emission control 

systems to make an existing Stage II equipment compatible with ORVR. PC6 at 1. IPMA 

contends that such Stage II “upgrading” had already been considered when IEPA drafted the 

revised SIP. Id. Further, IPMA states that upgrading existing Stage II systems would entail 

additional capital and maintenance costs. Id. IPMA also asserts that because Stage II systems 

are “only certified and compatible for up to E10 fuel,” continuing to use Stage II would limit 

Illinois marketers from offering biofuel options higher than E10 fuel. Id. 

Finally, according to IPMA, “Illinois marketers are delaying investment in building new 

sites or upgrading existing ones until the new rules are in place.” PC6 at 1. IPMA maintains that 

delaying the rulemaking beyond the planned implementation date of January 1, 2014, “to review 

ARID’s product” would be “unproductive and a disservice to the citizens of Illinois.” Id. 

IEPA Response to ARID

According to IEPA, ARID’s position that removing the Stage II program will increase 

emissions is “misplaced” and based upon “false assumptions.” PC7 at 3. IEPA maintains that 

while the regulation is intended to address the “emissions disbenefit” from incompatibility 

between Stage II vacuum-assist pumps and ORVR-equipped vehicles, ARID’s technology 

addresses Stage I storage tank vent emissions. Id. IEPA notes that storage tank emissions in the 

Chicago NAA are addressed through the Stage I program (35 Ill. Adm. Code 218.583) and the 

requirement to install pressure/vacuum (p/v) relief valves (35 Ill. Adm. Code 218.583(a)(3)).3 

Id. 

3 USEPA describes a p/v relief valve or “pressure vacuum vent valve” as “[a] device, usually 

referred to as a “P/V vent valve,” installed at the discharge end of a vent pipe connected to a 

gasoline storage tank, to regulate the pressure at which vapor is allowed to escape from the tank, 

Illinois Ozone SIP Revision - Vehicle Refuleing Vapor Recovery Program: Attachments Page - 1145
 

IEPA characterizes ARID’s “primary argument” as being that “removal of Stage II vapor 

recovery systems with sole reliance on ORVR will increase refueling emissions.” PC7 at 4. 

IEPA states that in the ORVR widespread rulemaking, USEPA studied whether removing Stage 

II would increase UST breathing/emptying loss emissions as compared to continuing Stage II 

with ORVR: 

According to USEPA, for non-Stage II gasoline dispensing operations, ORVR 

does not increase breathing losses relative to vehicles without ORVR. [Id., citing 

and attaching USEPA Office of Transportation and Air Quality Memorandum, 

“Onboard Refueling Vapor Recovery Widespread Use Assessment” at 10, docket 

EPA-HQ-OAR-2010-1076 (June 9, 2011) (OTAQ 2011 Memo).] For balance 

type Stage II systems, USEPA indicates that if the p/v relief valve is retained, 

these emissions will be similar for refueling of ORVR and non-ORVR vehicles 

after the balance system is removed. Id. For vacuum-assist Stage II systems, 

USEPA indicates breathing/emptying loss emissions will likely decrease with 

removal of these systems. Id. Further, USEPA indicates that retaining Stage II

provides no additional breathing loss emission reductions and the incompatibility 

excess emissions factor arguably reduces overall efficiency. Id. at 10-11. 

IEPA notes that during the ORVR widespread rulemaking, USEPA responded to ARID’s 

primary argument. PC7 at 4. USEPA found that ARID was not targeting refueling emissions 

but rather Stage I storage tank emissions, which were beyond the scope of that rulemaking. Id., 

citing USEPA “Determination of Widespread Use of Onboard Refueling Vapor Recovery 

(ORVR) and Waiver of Stage II Vapor Recovery Requirements,” Summary of Public Comments 

and Responses at 27-28, OAR-2010-1076 (May 8, 2012) (USEPA PC Responses). Further, 

IEPA states that ARID’s calculations rely upon emissions data from other states and assumptions 

not applicable in Illinois. PC7 at 4-5. IEPA also asserts that ARID’s methodology for 

calculating emissions impacts is unexplained and appears to give no credit for (1) emissions 

reductions from Stage I and p/v relief valve requirements or (2) correcting the incompatibility 

issue through Stage II decommissioning. PC7 at 5. IEPA reiterates its position that removing 

the Stage II program addresses the incompatibility issue and results in additional emission 

reduction benefits beginning in January 2014. Id. 

Next, according to IEPA, despite ARID’s claim that the MOVES model is inappropriate 

for evaluating refueling emissions, MOVES is USEPA’s official model for estimating emissions 

from all on-road mobile sources, including refueling emissions. PC7 at 5, citing 75 Fed. Reg. 

9411, 9412 (Mar. 2, 2010). USEPA used MOVES in the ORVR widespread use rulemaking and 

expected states to use the model in SIP revision demonstrations for removing Stage II. PC7 at 5-

and the vacuum at which outside air is allowed to enter the tank. The inflow/outflow of air 

through the vent pipe is controlled at specified pressures. These vent valves generally inhibit 

vapor release and are used to ensure the proper operation of Stage II balance systems. These P/V 

vent valves are now widely required as a result of EPA’s GDF ‘Stage I’ NESHAP regulation (40 

CFR 63 CCCCCC).” TSD, Att. C at 9. 

Illinois Ozone SIP Revision - Vehicle Refuleing Vapor Recovery Program: Attachments Page - 1146
6. Further, IEPA contends that using MOVES is appropriate because it allows for the use of 

state-specific data, including vehicle miles traveled, fuel Reid vapor pressure, meteorological 

data, and vehicle population. Id. On the other hand, continues IEPA, “ARID’s methodology is 

not approved by USEPA for SIP demonstration purposes.” PC7 at 6. 

 

 Regarding ARID’s complaint that non-road refueling emissions are not considered in 

IEPA’s modeling, IEPA notes that Stage II was required by the CAA to recover motor vehicle 

refueling emissions (42 U.S.C. § 182(b)(3)). PC7 at 6. Moreover, “non-road equipment is not 

typically refueled at gasoline dispensing operations covered by Stage II requirements.” Id. Also, 

IEPA maintains that emission losses from refueling non-road equipment are very small because 

the percentage of gasoline used for such refueling is insignificant at GDFs. Id. 

Noting ARID’s argument that removing Stage II will increase in emissions due to nonORVR vehicles refueling at non-Stage II facilities, IEPA responds as follows:

As USEPA has stated, “[t]his is not to suggest that there would not be additional 

reductions available from non-ORVR vehicles at Stage II GDFs [] after the 

crossover date if Stage II was retained or that there would not be uncontrolled 

emissions (non-ORVR vehicles at non-Stage II GDFs), but these would be 

relatively small and decreasing each year” as the percentage of ORVR-equipped 

vehicles grows. PC7 at 6, citing USEPA PC Responses at 28. 

IEPA adds that Stage II was required by Section 182(b)(3) of the CAA to reduce ozone precursor 

emissions, and this record shows that phasing out Stage II will reduce ozone-forming emissions 

by eliminating incompatibility emissions. PC7 at 6.

IEPA emphasizes that states with Stage II programs can determine whether it would 

benefit ozone air quality to maintain, modify, or remove Stage II. PC7 at 7.4

 IEPA evaluated 

various options, held stakeholder outreach meetings, and determined that “due to the 

demonstrated emissions ‘disbenefit’ that would ensue from maintaining our Stage II program in 

its current form after Illinois’ widespread use crossover date of January 2014, modifications to, 

or elimination of, the program would need to take place.” Id. IEPA determined that phasing out 

Stage II would be “environmentally beneficial, technically feasible, and economically 

reasonable.” Id. IEPA maintains that it is unknown, and irrelevant to this rulemaking, whether 

“ARID, or anyone else, may have a system that is capable of achieving greater emissions 

reductions” at GDFs, “whether or not they are equipped with Stage I, p/v relief valves, Stage II, 

or something else.” PC7 at 7-8. IEPA observes that from time to time, it is “offered advice from 

vendors, legislators, advocacy groups, and the general public as to specific requirements or 

measures that should be taken,” but IEPA ultimately, within legal requirements, must “choose 

the best course of action available,” which IEPA believes it has done here. PC7 at 8. 

4 USEPA explained that the ORVR widespread use determination “does not compel any state to 

take action to remove Stage II or prevent a state from enhancing its GDF emission control 

requirements.” USEPA PC Responses at 27. 

Illinois Ozone SIP Revision - Vehicle Refuleing Vapor Recovery Program: Attachments Page - 1147
Lastly, IEPA addresses a question posed by the September 30, 2013 hearing officer order 

concerning the repeal of the registration requirements (35 Ill. Adm. Code 218.583(e), 

219.583(e)) as redundant. PC7 at 8. Those requirements call for information regarding, among 

other things, p/v relief valves for tank vent pipes. Id. IEPA states that repealing the registration 

requirements is based in part upon overlapping notification requirements under the National 

Emission Standards for Hazardous Air Pollutants (NESHAP) for gasoline dispensing (40 C.F.R. 

§ 63.11124), which IEPA administers. Id. Additionally, IEPA notes that OSFM receives GDF 

information under the Gasoline Storage Act (430 ILCS 15/2-4 (2012)) and implementing 

regulations (41 Ill. Adm. Code 175.200, 175.300, 176.400), as does IDOA under the Motor Fuel 

and Petroleum Standards Act (815 ILCS 370 (2012)) and the Weights and Measures Act (225 

ILCS 470 (2012)). PC7 at 8-9. 

IEPA concedes that the NESHAP notifications do not require information on p/v relief 

valves. PC7 at 8-9. IEPA argues, however, that information on p/v relief valves was required in 

the registration when the requirement for p/v relief valves was new in 1995. PC7 at 9-10. Upon 

re-evaluation after the passage of some nearly 20 years, IEPA maintains that the only 

information necessary to administer and enforce the Stage I program is the name and address of 

the GDF owner/operator. Id. IEPA states that it already has access to the necessary information 

through the NESHAP notifications and OSFM and IDOA tracking systems. PC7 at 10. 

Board Analysis of Issues Raised by ARID

USEPA describes “storage tank breathing loss” or STBL as being “attributable to 

gasoline evaporation into fresh air which enters the UST due to diurnal changes in barometric 

pressure and air temperature.” OTAQ 2011 Memo at 5. “[E]mptying losses,” on the other hand, 

are “caused by the evaporation of gasoline into fresh air drawn into the UST to replace gasoline 

volume dispensed to the vehicles.” Id. Distinguishing between STBL and emptying losses is 

difficult, continues USEPA, but the evaporation of gasoline due to either can lead to UST 

emissions being vented to the atmosphere. Id. at 6.5 

USEPA states that “incompatibility excess emissions”: 

can occur when ORVR-equipped vehicles are refueled with vacuum assist type 

Stage II VRS nozzles. By definition, these emissions are incremental to the 

breathing/emptying loss emissions from [USTs] which normally occur at [GDFs]. 

*** Incompatibility emissions are in excess of those normally expected from 

breathing/emptying losses. USEPA Office of Transporation and Air Quality 

Memorandum, “Calculating Vacuum-Assist Stage II VRS and ORVR Excess 

5 In the OTAQ 2011 Memo, USEPA notes that breathing and emptying losses “are often 

measured and considered together as one source of emissions and addressed in that manner from 

a technology perspective.” OTAQ 2011 Memo at 6. For convenience, the OTAQ Memo 

ultimately refers to the two types of UST emissions simply as “breathing losses.” Id. 

Illinois Ozone SIP Revision - Vehicle Refuleing Vapor Recovery Program: Attachments Page - 1148
Emissions” at 1, 3, docket EPA-HQ-OAR-2010-1076 (May 7, 2012) (OTAQ 

2012 Memo).6

To reiterate the mechanics of incompatibility excess emissions for this discussion, the Board 

quotes USEPA: 

When an ORVR vehicle is fueled at a service station equipped with a vacuum 

assist Stage II vapor recovery system, a lack of compatibility between the two 

controls may actually cause the emission reduction of the two systems together to 

be less than the emission reduction achieved by either system alone. The problem 

arises when the ORVR canister captures the gasoline emissions from the motor 

vehicle fuel tank. Instead of drawing vapor-laden air from the vehicle fuel tank

into the underground storage tank, the vacuum pump of the Stage II system draws 

fresh air into the underground storage tank. The fresh air causes gasoline in the 

underground tank to evaporate inside the underground tank and thus creates an 

increase in pressure in the underground storage tank. As a result, gasoline vapors 

may be forced out of the underground storage tank vent pipe into the ambient air. 

This incompatibility can result in a 1 to 10 percent decrease in control efficiency 

over what would be achieved by either Stage II or ORVR alone. 76 Fed. Reg. 

41731 (July 15, 2011). 

ARID supports continuing to use Stage II systems but with vapor processors on GDF 

gasoline USTs to control breathing/emptying losses and incompatibility excess emissions or, if 

Stage II is phased out, using the UST vapor processors to control breathing/emptying losses. 

ARID stresses that breathing/emptying losses must be taken into account in calculating refueling 

emissions. According to ARID, the “crossover” point at which Stage II + ORVR will reduce 

emissions less than ORVR alone would likely not occur if UST breathing/emptying losses are

considered in the calculations. ARID adds that even with more ORVR-equipped vehicles, there 

will continue to be the filling of non-ORVR fuel tanks, such as gas cans, motor cycles, and nonroad equipment (e.g., boats, snowmobiles), and such filling would benefit from retaining Stage 

II. PC4 at 1. 

 

During the federal “Stage II waiver” or “ORVR widespread use” rulemaking, USEPA 

addressed comments concerning several technologies, including vapor processors that may be 

used to “extend the utility of Stage II to further minimize the overall control of gasoline vapor 

emissions at GDF.” 77 Fed. Reg. at 28775 (May 16, 2012). Among these comments, ARID

expressed concern about breathing/emptying losses and incompatibility excess emissions, and 

encouraged retaining Stage II systems and adding UST vapor processors. USEPA PC Responses 

at 25-27.7

6 http://www.regulations.gov/#!documentDetail;D=EPA-HQ-OAR-2010-1076-0082

 

7

 Comment dated September 13, 2011, filed in USEPA rulemaking docket EPA-HQ-OAR-2010-

1076. USEPA PC Responses at 25-26, referring to Commenter EPA-HQ-OAR-2010-1076-

0059, Ted Tiberi, President and founder, ARID, “the manufacturer of a vapor processor which 

enhances the reduction of overall gasoline vapor emissions at the GDF.” 

Illinois Ozone SIP Revision - Vehicle Refuleing Vapor Recovery Program: Attachments Page - 1149
USEPA noted that ARID is “a manufacturer of a vapor processor which enhances the 

reduction of overall gasoline vapor emissions at the GDF.” PC7, USEPA PC Responses at 25. 

USEPA has also described ARID’s vapor processor as an add-on air pollution control device 

(APCD) for UST vents:

[ARID’s] APCD is a membrane technology (called PERMEATOR) that prevents 

UST venting of gasoline vapors. ARID claims the technology can be used with 

balance Stage II VRS and vacuum assist VRS. ARID believes the technology 

allows for improved UST vapor recovery efficiency during UST breathing and 

emptying; the technology has the potential to recover gasoline product that would 

otherwise be emitted to the atmosphere as vapor. USEPA Office of Air Quality 

Planning and Standards, Emissions Monitoring and Analysis Division, Emissions 

Factors and Policy Applications Group (C339-02), “Stage II Vapor Recovery 

Systems – Options Paper, Draft” at 22, docket EPA-HQ-OAR-2010-1076-0013 

(Feb. 7, 2006).8

 

Responding to ARID’s comments, USEPA noted that GDF emissions are generally 

comprised of emissions from refueling and from storage tanks, as well as from spillage during 

refueling. In its assessment for the final widespread use rule, USEPA included emission rates 

from these three sources, comparing “ORVR only” with “Stage II only.” USEPA PC Responses 

at 27. USEPA determined that “the only significant difference was in the emissions which occur 

from the vehicle fuel tank during the refueling event and the incompatibility emissions when 

ORVR vehicles are refueled by a vacuum assist type Stage II system.” Id. Accordingly, USEPA 

found that UST breathing/emptying loss emissions would be “about the same with ORVR alone 

or with Stage II alone.” USEPA PC Responses at 27. 

USEPA observed there are technologies that: 

address these UST vent-stack emissions and can extend the utility of Stage II to 

further minimize the overall control of gasoline vapor emissions at the GDF . . . 

[such as] the addition of processors on the UST vent pipe that capture or destroy 

the gasoline vapor emissions from the vent pipe. A number of these systems were 

presented in comments on the proposed rule. While they may have merit, 

installing these technologies adds to the expense of the control systems. 77 Fed. 

Reg. at 28775 (May 16, 2012). 

USEPA’s final rule neither required retention of Stage II nor required add-on controls for UST 

vent pipes. 

ARID asserts that adding vapor processor controls to USTs could provide a favorable 

“economic payback” for the GDF owner and gasoline fuel savings. PC4 at 2, White Paper at 17. 

However, ARID provided the Board with no cost information comparable to USEPA’s financial 

 

8 http://federal.eregulations.us/rulemaking/document/EPA-HQ-OAR-2010-1076-0013

Illinois Ozone SIP Revision - Vehicle Refuleing Vapor Recovery Program: Attachments Page - 1150
analysis for the average GDF. USEPA found that the average GDF would save $1,230 per year 

in vapor recovery (i.e., fuel) savings if Stage II were kept in place, but the GDF (1) would need 

to pay $1,844 annually to operate and maintain the Stage II equipment and (2) would not realize 

the recurring cost savings of switching to conventional, non-Stage II equipment of $2,977 total 

per year. TSD, Att. H at 7-9. The Board finds that the technological add-on favored by ARID 

could place an unspecified cost burden on the regulated community. 

For non-Stage II GDFs, USEPA found that ORVR does not increase UST 

breathing/emptying loss emissions relative to non-ORVR vehicles. OTAQ 2011 Memo at 10. 

For GDFs with balance-type Stage II, USEPA found that if the p/v relief valve is retained after 

the balance system is removed, UST breathing/emptying loss emissions will be similar for 

refueling ORVR and non-ORVR vehicles. Id. USEPA found that removing vacuum-assist 

Stage II systems will likely decrease UST breathing/emptying loss emissions in most states. Id. 

Further, USEPA found that “retaining Stage II provides no additional [UST breathing/emptying] 

loss emission reductions and the incompatibility factor arguably reduces overall efficiency.” Id. 

at 10-11. 

When USEPA approved Illinois’ October 25, 1994 SIP revision, USEPA found that 

Illinois’ rule (35 Ill. Adm. Code Part 218, Subpart Y) addresses storage tank emissions. See 60 

Fed. Reg. at 5318-5320 (Jan. 27, 1995). Sections 218.583(a)(3) and (a)(4) (35 Ill. Adm. Code 

218.583(a)(3), (a)(4)) require GDFs located in the Chicago NAA with a storage tank capacity of 

at least 575 gallons to install and maintain a p/v relief valve.9

 These requirements are not being 

repealed or phased out by this rulemaking. Only the registration requirements (35 Ill. Adm. 

Code 218.583(e)) for p/v relief valves are being repealed. 

When the p/v relief valve regulations were adopted, IEPA stated that the average cost to 

install a p/v relief valve was between $67 and $82, with no routine maintenance, and a life 

expectancy of 10-15 years. IEPA estimated the cost effectiveness of the p/v relief valve as a 

control measure to be $139 per ton of VOC emissions reduced. See 15% ROP Plan Control 

Measures for VOM Emissions – Part I: Pressure/Vacuum Relief Valves and 7.2 RVP 

(Amendments to 35 Ill. Adm. Code 201,211,218, and 219), R94-12, slip op. at 2-4 (Sept. 15, 

1994). 

 

USEPA also explained that its analysis did account for non-ORVR vehicles at non-Stage 

II GDFs, as well as non-ORVR vehicles at Stage II GDFs, ORVR vehicles at non-Stage II GDFs, 

and ORVR vehicles at Stage II GDFs. USEPA acknowledged that retaining Stage II might

provide additional emission reductions from non-ORVR vehicles refueling at a Stage II GDF 

after the crossover date, and that there could be “uncontrolled emissions (non-ORVR vehicles at 

non-Stage II GDFs), but these would be relatively small and decreasing each year.” USEPA PC 

Responses at 28. In its widespread-use determination, USEPA stated: 

9

 Tanks installed before January 1, 1979, are exempt from the rule if they have a capacity of less 

than 2,000 gallons, as are tanks equipped with floating roofs or equivalent control devices 

approved by IEPA and USEPA. See 35 Ill. Adm. Code 218.583(a)(3), (b). 

Illinois Ozone SIP Revision - Vehicle Refuleing Vapor Recovery Program: Attachments Page - 1151
ORVR does not apply to all vehicles, but those not covered by the ORVR 

requirement comprise a small percentage of gasoline-powered highway vehicle 

fleet (approximately 1.5 percent of gasoline consumption) . . . . [M]otorcyles and 

heavy-duty gasoline vehicles not manufactured as a complete chassis are not 

required to install ORVR, so it is likely that there will be some very small 

percentage of gasoline refueling emissions not captured by ORVR controls. 77 

Fed. Reg. at 28774 (May 16, 2012); see also Exh. 3 at 29, 66, 79 (MOVES model 

includes motorcycles in the types of sources analyzed). 

Acknowledging that Stage II would not be “redundant” for “[a] small fraction of the onroad vehicle fleet” not covered by ORVR, USEPA cautioned:

Even though Stage II controls are capable of achieving some small level of areawide benefit for non-ORVR refueling events, they may become a less costeffective method than other alternatives for addressing area-wide VOC emissions 

and . . . may ultimately result in a disbenefit to air quality in the areas. Stage II 

Removal Guidance at 2.

There may come a point where retaining Stage II controls is otherwise 

unattractive for cost and cost-effectiveness reasons and . . . the foregone emission 

reductions are small enough that the loss of control would not affect compliance 

with the NAAQS. Id. at 22. 

IEPA adds that in Illinois, non-road equipment is not typically refueled at GDFs with Stage II, 

and even for those that are, the emission losses are very small because the amount of gasoline 

used to refuel such equipment is considered insignificant. PC7 at 6. 

In its widespread use determination, USEPA discussed the “compatibility factor” for 

vacuum assist Stage II systems:

The magnitude of the compatibility factor for any given area varies depending on 

ORVR penetration, fraction of vacuum assist nozzles relative to balance nozzles, 

and excess A/L for vacuum assist nozzles.10 Two states have adopted measures to 

reduce this effect through the use of ORVR-compatible nozzles and one state 

prohibits vacuum assist nozzles completely. Due to these significant variables, 

the EPA is electing not to include the compatibility factor in the widespread use 

date determination analysis, but will provide the guidance requested by the 

commenters for use in making future SIP revisions. To the extent that 

compatibility emissions across all existing Stage II programs as a whole are 

significant, the EPA’s final analysis overestimates the length of time required for 

emissions reductions from ORVR alone to eclipse the reductions that can be 

achieved by Stage II alone. 77 Fed. Reg. at 28777 (May 16, 2012). 

10 “A/L” refers to “the ratio of volume of air drawn into the UST compared to the volume of 

gasoline dispensed.” 77 Fed. Reg. at 28775 (May 16, 2012). 

Illinois Ozone SIP Revision - Vehicle Refuleing Vapor Recovery Program: Attachments Page - 1152
In turn, USEPA provided guidance to the states on how the compatibility factor should be 

incorporated into SIP revisions for Stage II programs. Specifically, USEPA issued both the 

OTAQ 2012 Memo and a document entitled “Guidance on Removing Stage II Gasoline Vapor 

Control Programs from State Implementation Plans and Assessing Comparable Measures,” EPA457/B-12-001 (Aug. 7, 2012) (Stage II Removal Guidance), which is Attachment C to the TSD. 

The User Guide for MOVES2010b states that “MOVES does not account for any effects 

on the emissions from refueling station gasoline storage tanks when Stage II is used in 

combination with vehicles equipped with ORVR systems.” Exh. 3 at F-1. Accordingly, the 

MOVES model itself does not account for incompatibility excess emissions. However, while 

USEPA’s Stage II Removal Guidance uses the same core elements of the MOVES model, it also 

includes equations for the compatibility factor not included in MOVES. Stage II Removal 

Guidance at 11-12 (compatibility factor is “an increase in UST vent pipe emissions over the 

normal breathing/emptying loss emissions”). USEPA explains: 

The compatibility factor is an especially important consideration in calculating the 

emissions impacts of Stage II controls. Even if a state/local area wishes to keep 

Stage II controls to address non-ORVR equipped vehicles being refueled at Stage 

II GDFs, for non-ORVR compatible Stage II vacuum assist systems there will 

come a point where the emissions impact of the compatibility factor surpasses any 

gain from controlling non-ORVR vehicles. After that point, Stage II would lead 

to a net area-wide loss in emissions control. The point in time when this occurs 

depends on the nature of the Stage II program and the rate of ORVR penetration 

into the fleet. Id. at 10. 

IEPA’s calculations took the compatibility factor into account. The values used to graph Figure 

1 include the incompatibility excess emissions. TSD at 7-10. This rulemaking requires the 

decommissioning of Stage II, including vacuum-assist systems, which will necessarily eliminate 

incompatibility excess emissions. 

After considering ARID’s concerns, the Board finds that this rulemaking record supports 

phasing out Stage II vapor recovery systems. Further, the second-notice amendments comply 

with the CAA Section 110(1) “anti-backsliding” provision (42 U.S.C. § 7410(1)) and 

accordingly do not interfere with attaining the applicable NAAQS, RFP, ROP, or any other 

applicable CAA requirement. The record does not demonstrate, however, that retaining Stage II 

would meet these requirements or that augmenting current Board regulations on UST 

breathing/emptying loss emissions is warranted. 

Based upon this record, the Board finds that emissions from non-ORVR sources are 

relatively small and that without Stage II, whether a vehicle is ORVR or non-ORVR has no 

bearing on UST breathing/emptying loss emissions. The Board further finds that after removal 

of Stage II, GDFs compliant with p/v relief valve requirements will on the whole likely decrease 

UST breathing/emptying loss emissions. 

This record shows that the second-notice amendments will take full advantage of the 

emission reductions derived from the widespread use of ORVR. Synchronizing the January 

Illinois Ozone SIP Revision - Vehicle Refuleing Vapor Recovery Program: Attachments Page - 1153
2014 crossover point with the commencement of the Stage II phase-out, and requiring Stage II 

decommissioning within three years, minimizes the excess emissions from ORVR/Stage II 

incompatibility while eliminating long-term Stage II cost burdens on GDFs.

The Board recognizes that nothing in USEPA’s widespread use determination “prevent[s]

a state from enhancing its GDF emission control requirements.” USEPA PC Responses at 27. 

The Board appreciates ARID’s contributions to this record on the potential for add-on 

technology to better control UST breathing/emptying losses. If, after the removal of Stage II, 

USEPA or IEPA were to identify the need for additional emission reductions to attain and 

maintain the ozone NAAQS, then vapor processor technology would be one of the methods the 

Board could consider. Any such consideration would need to take place in a rulemaking 

addressing Stage I. Finally, today’s decision does not preclude GDFs from considering 

additional UST vent pipe controls for breathing/emptying losses. 

State and CAAPP Permitting Exemptions for GDFs

State Permitting Exemptions for GDFs 

Under the Act and Board regulations, State construction and operating permits are 

required for emission sources and air pollution control equipment, unless otherwise exempt from 

permitting. See 415 ILCS 5/9 (2012); 35 Ill. Adm. Code 201.142, 201.143, 201.144. A 

permitting exemption applies to GDFs that register with IEPA in accordance with 35 Ill. Adm. 

Code 218.586(h). See 35 Ill. Adm. Code Section 201.146(kk). A corollary permitting 

exemption based upon registering with IEPA applies to storage tanks with a volume of more than 

10,000 gallons for gasoline dispensing. See 35 Ill. Adm. Code 218.586(h). 

 

Another permitting exemption applies to the storage tanks for retail dispensing other than 

those subject to the Stage I control requirements of 35 Ill. Adm. Code. 215.583(a)(2), 

218.583(a)(2), and 219.583(a)(2). See 35 Ill. Adm. Code 201.146(c). Stage I control 

requirements “seek to control vapors displaced from storage tanks during the filling of such tanks 

by product delivery vessels.” SR at 9. The Stage I regulations for the Chicago and Metro-East 

NAAs also contain a permitting exemption for storage tank filling operations that register with 

IEPA. See 35 Ill. Adm. Code 218.583(e), 219.583(e). 

The Board revises and clarifies these State permitting provisions. SR at 9. Specifically, 

the Board repeals the registration requirement for GDFs subject to Stage I under Section 

218.583(e) for the Chicago NAA or Section 219.583(e) for the Metro-East NAA. For GDFs in 

the Chicago NAA subject to Stage II under Section 218.586(h), the registration requirement 

would cease when the decommissioning process begins. The Board finds that OSFM and IDOA 

already have programs that track GDFs subject to Stages I and II. There are also overlapping 

federal notification requirements at 40 C.F.R. 63, subpart CCCCCC, which the IEPA administers 

and enforces. The federal notification requirements under the NESHAP rules apply to GDFs that 

dispense 10,000 gallons of gasoline or more per month—IEPA already has information on GDFs 

from this requirement. Ending the registration requirement will streamline the rules. SR at 25; 

TSD at 17-18; PFT1 Burkhart at 11-13; Tr. 1 at 21-22. 

Illinois Ozone SIP Revision - Vehicle Refuleing Vapor Recovery Program: Attachments Page - 1154
The Board finds, however, that simply ending the registration requirement would have 

the unintended consequence of requiring GDFs to obtain State construction or operating air 

permits under Section 201.142, 201.143, or 201.144. GDFs eligible to register with IEPA have 

been provided with exemptions from State air permitting under Sections 201.146(l), 

201.146(kk), 218.583(e), 218.586(h), and 219.583(e). TSD at 18-19; PFT1 Burkhart at 12. The 

Board sees no reason to now begin requiring State air permitting of these insignificant sources, 

and believes that doing so would merely add to the administrative burden and cost associated 

with permitting. 

For the above reasons, the Board finds that registration should no longer be required to 

obtain an exemption from permitting. The Board adopts a single permit exemption not tied to 

registration. The new exemption from permitting would apply to storage tanks and fueldispensing equipment used for dispensing fuel to mobile sources for use in those sources, and 

would cover all fuels used in mobile sources, such as ethanol blends. The new exemption would 

not apply to the filling or dispensing of distribution vessels, such as tanker trucks, rail tanks, and 

barge sources. PFT Cooper at 2. 

The Board therefore repeals the permit exemption tied to registration (Sections 

201.146(kk), 218.583(e), and 219.583(e)) as no longer necessary. Larger sources, such as bulk 

gasoline plants and bulk gasoline terminals, would still require a permit. TSD at 17-21; PFT 

Cooper at 3; Tr.1 at 26. IEPA provided a 69-page list of GDFs in the Chicago NAA that would 

be affected by ending the registration program. TSD Att. A. 

CAAAP Permitting Exemptions for GDFs 

Section 39.5 of the Act (415 ILCS 5/39.5 (2012)) establishes the Clean Air Act Permit 

Program (CAAPP), also known as the Title V operating permit program, which requires permits 

for major stationary sources of air pollution. SR at 9. Section 39.5 provides an exemption from 

CAAPP permitting by allowing for the designation of insignificant activities or emission levels 

that are proposed by IEPA and adopted by the Board. See 415 ILCS 5/39.5(5)(w) (2012); SR at 

9-10. 

When a CAAPP permit application is submitted to IEPA, insignificant activities or 

emission levels must be individually listed or denoted as present in the CAAPP application. See

415 ILCS 5/39.5(5)(w) (2012); 35 Ill. Adm. Code 201.210, 201.211; SR at 10. After permit 

issuance, the CAAPP source owner or operator may, without a permit modification, make 

changes to its operations that are not addressed or prohibited by its CAAPP permit and that are 

deemed by regulation as insignificant activities or emission levels. See 415 ILCS 5/39.5(12) 

(2012); SR at 10. 

Without these categorical exemptions, a source would, under Section 201.211, have to 

seek an IEPA “insignificant activity” determination through an application to modify the CAAPP 

permit, a laborious and time-consuming process for both the source and IEPA. TSD at 23-24. 

IEPA admits that such requests for insignificant status are often not approved in a timely manner 

because other CAAPP renewals take priority. TSD at 25. Categorical exemptions allow the 

Illinois Ozone SIP Revision - Vehicle Refuleing Vapor Recovery Program: Attachments Page - 1155
CAAPP source to add the insignificant activities or emission levels to its operations without the 

delay that would occur if the source was required to modify its CAAPP permit. SR at 10. 

Presently, Section 201.210 does not list fuel dispensing or small gasoline storage tanks as 

insignificant activities, even though these activities “will eventually be found to be insignificant” 

through the permitting process, according to IEPA. SR at 10. This lack of regulatory listing 

significantly delays a source’s ability to engage in these activities. SR at 10. The Board revises

Section 201.210(a)(10) to include storage tanks of gasoline, including gasoline/ethanol blend 

fuels, with less than 2,000 gallons of capacity. The 2,000 gallon cutoff is consistent with 

USEPA’s NESHAP for gasoline dispensing (40 C.F.R Part 63, Subpart CCCCCC) and existing 

Board rules (Sections 218.583(b)(2) and 219.583(b)(2)) and provides a reasonably usable 

amount for the source. TSD at 25-26; PFT Cooper at 3; Tr.1 at 27. 

The Board also adds Section 201.210(a)(19), addressing fuel dispensing operations and 

equipment for mobile sources for use in those sources, such as fleet vehicles, bulldozers, and 

landfill compactors, but not distribution vessels, such as tanker trucks. SR at 10; TSD at 23 25-

26; Tr. 1 at 27. This insignificant activity applies to gasoline, including gasoline/ethanol blend 

fuels, if the annual average throughput of such fuel dispensed is less than 120,000 gallons on a 

rolling 12 month total basis. The threshold is consistent with the NESHAP (40 C.F.R. Part 63, 

Subpart CCCCCC), which applies control requirements once a subject source meets or exceeds 

the 10,000 gallon/month threshold (rolling 12 month total). 40 C.F.R. § 63.11117; SR at 21; 

TSD at 26-27; PFT Cooper at 3-4; Tr.1 at 25-28. 

The Board agrees with IEPA’s assessment that expanding the list of insignificant 

activities would not result in an adverse environmental impact because such sources are small 

and would still be bound by any applicable rules regardless of whether they have a permit. PFT 

Cooper at 6; Tr.1 at 30. 

Part-By-Part Analysis 

Amendments to Part 218, Subpart Y—Chicago NAA Stage II Vapor Recovery Rule 

The majority of the amendments are in Part 218, Subpart Y, the gasoline distribution 

regulations for the Chicago NAA, particularly Section 218.586 on motor vehicle fueling 

operations. Revisions to Section 218.586 allow owners/operators of “existing” GDFs (i.e., 

operating at any time prior to January 1, 2014) to begin decommissioning Stage II systems on 

January 1, 2014, but require compliance with Stage II requirements until decommissioning is 

commenced. The amendments also remove the requirement for Stage II systems at “new” GDFs 

(i.e., commence operating for the first time on or after January 1, 2014). SR at 13-14; TSD at 12. 

The timeframes to install Stage II systems under Section 218.586(d)(1)-(5) are being 

deleted. The new Stage II decommissioning timeframes and procedures are set forth in Section 

218.586(i). In considering the decommissioning timeframes, IEPA held outreach meetings with 

members of the petroleum marketing industry and contractors likely to be involved in 

decommissioning work. Contractors stated that the average amount of time to decommission a 

Stage II system would be one day or less. Industry representatives believed that a three-year 

Illinois Ozone SIP Revision - Vehicle Refuleing Vapor Recovery Program: Attachments Page - 1156
timeframe to decommission all Stage II systems seemed reasonable. IEPA also contacted several 

other states and found timeframes for decommissioning Stage II systems ranged from two to four 

years. Of the states surveyed, IEPA learned that Texas has a Stage II program similar in size to 

the Illinois program, with 2,800 affected GDFs, and is contemplating a three-year 

decommissioning process. TSD at 12-13; Tr. 1 at 18-19. 

The Board adopts a three-year timeframe for phasing out the Stage II program under 

Section 218.586(i)(1)(B) based upon “the number of gasoline dispensing operations subject to 

the Chicago NAA Stage II rule, the time involved in decommissioning Stage II equipment, the 

number of contractors available to perform decommissioning work, and [IEPA’s] analysis of the 

decommissioning period of other similarly situated states.” SR at 15; TSD at 13. The Board 

therefore requires that decommissioning of all Stage II equipment be completed no later than 

December 31, 2016. PFT1 Burkhart at 8. 

The new decommissioning procedures and standards are contained in Section 

218.586(i)(2). USEPA recommended that “currently available industry association codes and 

standards be followed (where applicable) to ensure that Stage II systems are properly . . . 

dismantled or decommissioned.” TSD at 13-14, Att. C, quoting Stage II Removal Guidance. 

The Board requires that the decommissioning be performed in accordance with the Petroleum 

Equipment Institute’s (PEI’s) “Recommended Practices for Installation and Testing of VaporRecovery Systems at Vehicle-Fueling Sites,” PEI/RP300-09 (2009). The PEI document contains 

the steps involved in dismantling Stage II hardware for both balance and vacuum-assist type 

systems. TSD, Att. D; Tr.1 at 19. 

IEPA is unaware of any other industry codes or standards for Stage II decommissioning. 

TSD at 14; Tr.1 at 19. USEPA does not require the use of any particular industry codes or 

standards but has indicated that the PEI document is particularly instructive because it was 

developed by industry experts concentrating on regulatory compliance and safety. SR at 14; 

TSD, Att. H at 4. During the outreach meetings, IEPA found support for using the PEI 

requirements from members of the petroleum marketing and petroleum equipment industries, as 

well as officials from OSFM and other states with Stage II programs. TSD at 14-15. 

The Board finds that appropriate decommissioning procedures are necessary (1) to ensure 

that potential liquid and vapor leak issues associated with decommissioning are consistently 

addressed and (2) to realize additional emission reductions achievable through the use of only 

ORVR systems. SR at 27-28. Under Section 218.112, the Board incorporates by reference the 

PEI document and requires the decommissioning steps listed in Section 14.6 of the PEI 

document, except Section 14.6.14, which is a decommissioning checklist. IEPA will develop its 

own checklist, which will be posted on IEPA’s website and call for contractor registration or 

license information under OSFM and IDOA programs. SR at 15; TSD at 14; PFT1 Burkhart at 

8-9; Tr.1 at 45-47. 

To ensure the PEI decommissioning procedures are properly implemented, the Board 

requires that contractors be registered or licensed by the State. Although the PEI document 

indicates that contractors should have equipment manufacturer and state certifications, IEPA is 

not aware of any Illinois-specific Stage II decommissioning codes or standards, other than 

Illinois Ozone SIP Revision - Vehicle Refuleing Vapor Recovery Program: Attachments Page - 1157
independently enforceable local and industry-specific standards and codes that may relate 

indirectly to Stage II equipment decommissioning, such as safety and electrical codes. SR at 16; 

Tr.1 at 19-20. 

OSFM and IDOA have contractor licensing and registration requirements to perform 

work on gasoline station dispensers, UST piping, and tank testing. IEPA, OSFM, and IDOA all 

agree that contractors doing Stage II decommissioning work should be licensed by both IDOA 

and OSFM, as well as carry certification from the specific dispensing equipment manufacturer to 

work on the equipment. TSD at 15; PFT1 Burkhart at 9-10; Tr.1 at 20-21. The Board therefore 

requires under Section 218.586(i)(2)(B)(i) that decommissioning procedures be performed by a 

contractor that meets the following: 

• Registered with IDOA, Bureau of Weights and Measures, in the 3-A Gasoline Pump 

Meters Code pursuant to Section 8.1 of the Weights and Measures Act (225 ILCS 470/8.1 

(2012)); 

• Licensed by OSFM in the storage tank installation/retrofit module pursuant to the 

Petroleum Equipment Contractors Licensing Act (225 ILCS 729 (2012)) and 

implementing regulations at 41 Ill. Adm. Code 172; and

 

• Has the appropriate dispenser-manufacturer certification and training, if any. 

SR at 16; TSD at 15-16. 

Depending upon the extent of decommissioning or other issues revealed during the 

decommissioning process, other State laws or regulations may become applicable, such as 

OSFM UST regulations, but any such requirements are independently enforceable. SR at 16. 

For example, Section 218.586(i)(2)(B)(i) requires that if product piping is disconnected during 

decommissioning and an OSFM permit is required for any part of the work, the contractor must 

ensure that the OSFM-permitted work is performed by the appropriate licensed contractor and 

personnel. PFT1 Burkhart at 10. 

Mr. Schellner of OSFM explained that one OSFM licensure module is the installed 

retrofit license, which covers anything related to repairing or installing components of a system. 

The other module is the tank tightness testing license, which is used at the end of the 

decommissioning effort to ensure that piping is tight and pipes are manifolded pursuant to the 

PEI standard. Tr.1 at 48-49. Mr. Rathbun of IDOA explained that the 3-A designation 

referenced in Section 218.586(i)(2)(B)(i) for the 3-A Gasoline Pump Meters Code is a 

designation IDOA uses to indicate persons and companies qualified to work on motor fuel 

dispensers. Mr. Rathbun stated that IDOA maintains a list of repair persons certified and 

registered to work on motor fuel dispensers. Mr. Rathbun explained that IDOA’s Bureau of 

Weights and Measures registers any individual who sells or works on anything used for 

commercial purposes, such as a motor fuel dispenser. Tr.1 at 50. 

For decommissioning procedures related solely to testing, the Board requiresunder 

Section 218.586(i)(2)(B)(ii) that contractors performing the tests be licensed by OSFM in the 

tank tightness module (225 ILCS 729 (2012); 41 Ill. Adm. Code 172). SR at 16; TSD at 15-16. 

Illinois Ozone SIP Revision - Vehicle Refuleing Vapor Recovery Program: Attachments Page - 1158
The pressure decay test required by Section 14.6 of the PEI must be passed in accordance with 

Appendix A of the PEI document and the tie-tank test must be conducted and passed in 

accordance with CARB TP 201.3C to ensure all tanks are properly vented under Section 

218.586(i)(2)(B)(iii). The results of the tests must be reported to IEPA. SR at 15-16; TSD at 16; 

Tr.1 at 50-54, 57 

Mr. Schneller explained that the pressure decay test is done on an annual basis at Stage II 

facilities by contractors licensed through OSFM: 

[The pressure decay test] is done to verify that all fittings are tight and they seal 

off sections of the pipe, apply meter gauges, and in certain amount of time based 

on certain formulas that are built into the testing equipment, they are able to 

determine whether the tank and the piping is tight to accepted standards or not 

based on how the pressure drops. So it’s called static test because the pressure is 

applied and then let sit and see what happens. Tr.1 at 54-55. 

Once decommissioning is complete and the piping is recombined, the tie-tank test is done to 

ensure that the piping/system vents properly. The tie-tank test would also be performed by 

contractors licensed through OSFM. Tr.1 at 55. 

As to the availability of contractors to meet the above licensing, registration, and 

certification requirements, IEPA, OSFM, and IDOA all believe that there is a sufficient number 

to enable all GDFs in the Chicago NAA to complete the decommissioning work within the threeyear timeframe. IEPA provided a list of contractors meeting the above requirements in its 

proposal, showing 41 contractors for Stage II decommissioning work and 23 contractors for tank 

testing. TSD Att. E. Based upon information from OSFM and IDOA, IEPA also provided 

website links to two of the primary dispenser manufacturers that provide training and 

certification for technicians working on their dispensers: Gilbarco; and Wayne. Tr.2 at 24-25; 

Exh. 6, 7.11 For interested contractors that do not already have the above licensing, registration, 

and certification requirements, both OSFM and IDOA believe that the contractors could obtain 

them within a reasonable amount of time. PFT1 Burkhart at 10-11. 

The Board also requires owners/operators of GDFs to submit a 10-day notice of the intent 

to decommission under Section 218.586(i)(2)(A). The notice of intent would need to be on a 

form to be provided by IEPA. The notice must be submitted to IEPA at least 10 days prior to 

commencing decommissioning. This notice would give IEPA the ability to schedule an 

inspector to be present for the decommissioning. TSD at 16-17; PFT1 Burkhart at 11; Tr.1 at 21-

22. The Board agrees with IEPA’s view that the owner or operator could comply with the 10-

day requirement by having the notice, for example, postmarked, sent by Fed Ex, emailed, handdelivered, faxed, or submitted through other conventional electronic means to IEPA on or before 

the 10th day before the date on which decommissioning commences. The 10-day notice does not 

11 IEPA’s Exh. 6 provides the following website links:

http://www.gilbarco.com/us/content/north-american-technical-training

http://www.wayne.com/index.cfm/go/product-detail/product/Technical-Training/ 

Illinois Ozone SIP Revision - Vehicle Refuleing Vapor Recovery Program: Attachments Page - 1159
have to be in IEPA’s possession 10 days beforehand to comply. Tr.2 at 14-15, 18. IEPA 

provided a draft form of the 10-day “Notice of Intent to Decommission Stage II Vapor Recovery 

Equipment” and stated that the final form would be available on the IEPA’s website. PFT2 

Burkhart Exhibit 1; Tr.2 at 44-45. 

Under Section 218.586(i)(2)(C), within 30 days of completing the decommissioning, the 

owner or operator of the GDF must submit to IEPA a completed checklist and certification, 

developed and provided by IEPA, and test results, documenting the decommissioning procedures 

performed. SR at 17; TSD at 17. These documents will enable IEPA to effectively track and 

monitor decommissioning activities. Id. Consistent with the timing discussion above, the Board 

agrees with IEPA’s view that an owner or operator could comply with the 30-day requirement by 

having the checklist, for example, postmarked, sent by Fed Ex, emailed, hand delivered, faxed, 

or submitted through other conventional electronic means to IEPA on the 30th day after the date 

on which decommissioning was completed. Tr.2 at 18. IEPA provided a draft form of the 

“Stage II Decommissioning Checklist.” PFT2 Burkhart, Att. 2. 

The Board also requires under Section 218.586(g)(4) that owners/operators maintain 

records relating to decommissioning for a period of five years, and provide any decommissioning 

records to IEPA within 30 minutes of IEPA’s request. This will enable IEPA to inspect and 

review the documents for compliance with the rule. TSD at 16-17; PFT Burkhart at 11. The 30-

minute timeframe was requested by IPMA for consistency with OSFM requirements. Tr.1 at 42-

44. 

Clarifying Amendments to Part 201—Statewide

The Board clarifies Section 201.146(n), which provides, among other things, an 

exemption from State construction and operating permit requirements for storage tanks of 

organic liquid with a capacity of less than 10,000 gallons, provided the storage tank is not used 

to store material listed as a hazardous air pollutant (HAP) pursuant to Section 112(b) of the CAA 

and is not subject to Stage I requirements. IEPA believes “the qualifications relating to Stage I 

requirements [were] intended to address the fact that gasoline itself is not listed as a HAP, 

although it is made up of a mixture of HAPs.” TSD at 21; PFT Cooper at 2; Tr.1 at 25-26. IEPA 

proposed to “remove the reference to Stage I rules and address this prohibition against exempting 

gasoline storage tanks through clarifying that the subject storage tanks may not be used to store 

any amount of material or mixture of any material listed as a HAP.” SR at 22-23; TSD at 21. 

The Board agrees and adopts the clarifying amendments, with no change to the meaning or scope 

of this exemption, i.e., Stage I (gasoline) storage tanks are not exempt. SR at 22; TSD at 21-22; 

PFT Cooper at 2-3. 

The Board clarifies Section 201.146(nn), which provides a State permitting exemption 

for general vehicle maintenance and servicing activities conducted at a source, motor vehicle 

repair shop, or motor vehicle body shop, but does not include motor vehicle refinishing or 

gasoline fuel handling. SR at 23; TSD at 22. Because Section 201.146(l) exempts storage tanks 

and dispensing equipment used to dispense fuel to mobile sources for use in such mobile sources, 

the Board repeals the gasoline fuel handling language in Section 201.146(nn). SR at 23; TSD at 

22; PFT Cooper at 3; Tr.1 at 26. 

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 At Section 201.210(a)(10), the Board includes storage tanks of gasoline (including 

gasoline/ethanol blend fuels) with a capacity of less than 2,000 gallons as insignificant activities 

to be listed in a CAAPP application. At Section 201.210(a)(19), the Board adds, as insignificant 

activities to be listed in a CAAPP application, operations and equipment used to dispense the 

following fuels to mobile sources for use in such mobile sources: gasoline, if the annual 

throughput of the fuel dispensed is less than 120,000 gallons (rolling 12 month total); and 

distillate oil (including kerosene and diesel fuel), biodiesel, and biodiesel/distillate oil blends. 

The Board also clarifies Section 201.210(b)(4), which provides that general vehicle 

maintenance and services activities at a source, other than “gasoline fuel handling,” are 

insignificant activities not required to be individually listed in a CAAPP application but rather 

merely denoted as present. Fuel handling and dispensing of gasoline, distillate oil, biodiesel, and

biodiesel/distillate oil blends falls within the exception to Section 201.210(b)(4)’s insignificant 

activities. 

The Board adopts two clarifications with respect to Section 201.302. That provision was 

intended to require the submission of annual emissions reports (AERs) to IEPA when the 

owner/operator of an emission source or air pollution control equipment is required to obtain a 

permit. SR at 23-24; PFT Cooper at 5; Tr.1 at 29. Section 201.302(a) has required all sources to 

submit an AER unless specifically exempt in that section. SR at 24. Since Section 201.302 was 

adopted, the number of exemptions has increased and different types of sources have been added 

to the permitting process, such as Registration of Smaller Sources (ROSS). The Board’s intent 

behind Section 201.302 of requiring AERs only from permitted sources is reflected in the

applicability criteria of IEPA’s rule 35 Ill. Adm. Code 254.102. The Board amends Section 

201.302(a) to tie the requirement for AER submittal to the applicability criteria in Section 

254.102. TSD at 28-29; PFT Cooper at 6. 

Additionally, Section 201.302(d) specifies that retail gasoline dispensing operations are 

exempt from the AER requirements unless the source has failed to obtain a permit, if applicable, 

or comply with the registration provision contained in the Stage II rule. Because Section 

254.102 refers to sources required to have permits and the Stage II program is being phased out, 

the Board repeals Section 201.302(d) as unnecessary. SR at 24; PFT Cooper at 6; Tr.1 at 29. 

IEPA provides a list of over 600 sources potentially affected by amendments to Part 201 

that would be eligible to use the expanded exemption/insignificant activity provisions. SR at 26; 

TSD at 29, Att. F. 

Clarifying Amendments to Part 218—Chicago NAA

 For Section 218.586, the Board removes the definition of “constructed” as the term will 

no longer be used, updating ASTM D 323 to its current version (i.e., ASTM D 323-08), and 

removing 40 C.F.R. Part 80, Appendix E as it no longer exists. SR at 25, 32-33. The Board also 

repeals the Stage I registration provision (35 Ill. Adm. Code 218.583(e)) due to overlapping 

federal notification requirements and State tracking systems for GDFs. Those exemptions from 

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permitting that have been conditioned upon Stage I registration or Stage II registration (35 Ill. 

Adm. Code 218.586(h)) are relocated to Part 201 and do not require registration. 

Clarifying Amendments to Part 219—Metro-East NAA

Because the Stage II program was repealed in the Metro-East NAA, the Board removes 

the Stage II testing methods at 35 Ill. Adm. Code 219.105(j) and a Stage II incorporation by 

reference at 35 Ill. Adm. Code Section 219.112(v). TSD at 29; PFT1 Burkhart at 12-13. In 

addition, the Board repeals the Stage I registration provision (35 Ill. Adm. Code 219.583(e)) due 

to overlapping federal notification requirements and other State tracking systems for GDFs. The 

exemption from permitting that has been conditioned upon Stage I registration is relocated to 

Part 201 and does not require registration. 

 

Technical Feasibility and Economic Reasonableness 

Section 27(a) of the Act directs the Board to take into account the “technical feasibility 

and economic reasonableness of measuring or reducing the particular type of pollution” when 

conducting a substantive rulemaking. 415 ILCS 5/27(a) (2012). Section 27(b) of the Act 

requires the Board to determine whether a proposed substantive regulation “has any adverse 

economic impact on the people of the State of Illinois.” 415 ILCS 5/27(b) (2012). For the 

reasons below, the Board finds that the amendments adopted today as final rules are technically 

feasible and economically reasonable and will not have an adverse economic impact on the 

People of Illinois. See 415 ILCS 5/27(a), (b) (2012).

Initially, the Board notes that IEPA engaged in outreach regarding the proposal by 

contacting and meeting with numerous interested stakeholders from industry, government, and 

advocacy groups. Participants included representatives of individual petroleum refining and 

marketing companies, petroleum service companies, contractors likely to be involved in Stage II 

decommissioning work, the Illinois Petroleum Council, the Illinois Petroleum Marketers 

Associations, Illinois Corn Growers Association, the American Lung Association, the 

Respiratory Health Association of Metropolitan Chicago, the Illinois Corn Growers Association, 

the Illinois Environmental Regulatory Group, DCEO, OSFM, IDOA, and USEPA. SR at 29; 

TSD at 13, 32-33. In general, the outreach group supported the proposed modifications. TSD at 

33. 

IEPA sought input on the PEI decommissioning procedures, the availability of 

contractors trained in the PEI procedures, and the timeframe for decommissioning. Based upon 

these meetings, IEPA revised its initial decommissioning timeframe to three years. After 

learning about IDOA and OSFM certification/registration requirements for contractors involved 

in work on gasoline dispensers, piping, and UST testing, IEPA decided to propose that 

decommissioning work must be performed by OSFM- and IDOA-registered contractors. TSD at 

33. 

At hearing, Jeff Dzierzanowski with Source North America Corporation also testified, 

providing positive feedback on the outreach process for this rule proposal. Mr. Dzierzanowski 

explained that Source North America Corporation is the largest petroleum equipment distributor 

Illinois Ozone SIP Revision - Vehicle Refuleing Vapor Recovery Program: Attachments Page - 1162
in the country and works with contractors and marketers doing Stage II decommissioning. He

stated that he is involved in legislative matters along with compatibility issues and equipment 

specialties, and has been involved in the Stage II decommissioning process in other states. Mr. 

Dzierzanowski thanked IEPA, OSFM, and IDOA for allowing him to be part of the outreach 

before the proposal was filed: “I deal with a lot of states that deal with the federal government. 

It is a great thing and it was reassuring and refreshing to be able to sit down with [IEPA, OSFM, 

and IDOA] and you respected our opinion and thought process on doing this whole thing and it 

greatly impacts our control community.” Tr.2 at 26-29. 

Technical Feasibility

Nothing in this rulemaking record indicates that the amendments are technically 

infeasible. The amendments do not involve any new technology and generally impose no new 

requirements other than decommissioning Stage II equipment. 

The requirement to operate Stage II equipment at GDFs in the Chicago ozone NAA will 

be phased out over a three-year period. SR at 27. Three years is chosen due to the number of 

GDFs subject to the Chicago NAA Stage II rule, the time involved in decommissioning Stage II 

equipment, the number of contractors available to perform decommissioning work, and IEPA’s 

analysis of the decommissioning phase-out period of other similarly situated states. Id. 

Feedback received by IEPA from Stage II contractors and members of industry indicate that this 

time period is reasonable. Id. For interested contractors lacking the necessary licensing, 

registration, and certifications, both OSFM and IDOA indicated that contractors could obtain 

these within a reasonable amount of time. PFT1 Burkhart at 10-11. 

 The rule requires decommissioning of existing Stage II equipment by following the 

decommissioning procedures established by PEI, the only industry-service publication. PEI 

decommissioning procedures were established by industry experts and are considered by USEPA 

as instructive. IEPA is aware of no other industry standards for Stage II equipment 

decommissioning. SR at 27. IEPA, OSFM, and IDOA learned from members of industry and 

Stage II contractors in Illinois that the PEI decommissioning procedures are feasible and 

appropriate. SR 27; TSD at 17; PFT1 Burkhart at 11. 

Repealing the Stage I registration program at Sections 218.583(e) and 219.583(e) is 

technically feasible due to the ability of IEPA to monitor GDFs through administering and 

enforcing 40 C.F.R. Part 63, Subpart CCCCCC, and through the tracking systems of OSFM and 

IDOA. SR at 28. 

The permitting amendments add and clarify permit exemptions and insignificant 

activities, which will reduce the burden associated with permitting and may result in reduced 

costs to affected sources. SR at 28-29; TSD at 27-28; Tr.1 at 30. 

Based upon this record, the Board finds that the amendments adopted in the order below 

are technically feasible.

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Economic Reasonableness

With the final adoption of the amendments, existing GDFs in the Chicago ozone NAA 

will be required to incur costs to decommission existing Stage II equipment, but will realize 

recurring annual cost savings. SR 28. GDFs that operate for the first time on or after January 1, 

2014, will not be required to install Stage II equipment, which will result in significant capital 

investment savings as well as recurring annual cost savings. Id. 

In support of the final rule waiving the CAA Section 182(b)(3) Stage II requirement, 

USEPA issued a document entitled “Decommissioning Stage II Vapor Recovery Financial 

Benefits and Costs,” dated May 8, 2012, which examined the short- and long-term costs and 

financial benefits of decommissioning. TSD at 30; TSD Att. H; PFT1 Burkhart at 13-14; Tr.1 at 

22. 

USEPA expects that after states remove the Stage II requirement, each GDF owner will 

decide the best time to begin the decommissioning process within the regulatory timeframes. 

The owner will likely select a date that will minimize total costs and business disruption, 

typically when standard maintenance is scheduled for GDF pump hanging hardware. TSD Att. 

H at 3-4. USEPA expects that not all GDFs will begin decommissioning at the same time. For 

the purposes of the cost analysis, USEPA stated that an average GDF with Stage II would pump 

about 1.2 million gallons per year, or about 100,000 gallons of fuel per month. Id. The average 

GDF has 5 dispenser cabinets with 10 fueling nozzles connected to four USTs. Id. USEPA 

estimated that on a national basis, about 70% of Stage II systems are vacuum-assist types and 

30% are balance types, although this would vary from state to state. Id. 

 USEPA estimated decommissioning at the average GDF would take about 10 hours. 

Looking at the costs for labor associated with the decommissioning process, USEPA considered 

the direct labor costs for modifying the hardware and electronics to disable or remove the Stage 

II system and administrative labor costs related to reporting and updating labels or registrations. 

TSD Att. H at 6-7. USEPA also considered lost revenue associated with the decommissioning 

process that would put at least part of the GDF out of service for at least part of the day. USEPA 

estimated total labor and lost revenue costs would total about $1,980. Id. 

As to the hardware components of a Stage II system, such as the nozzles, hoses, swivels, 

and check valves, USEPA estimated that the switch from Stage II to conventional dispensing 

hardware would be about $3,580 less than the cost of replacing the Stage II hardware during 

regular maintenance. TSD Att. H at 5-6. 

For the financial benefit of decommissioning, USEPA considered cost savings that would 

result from reduced operating and maintenance costs for dispensers along with the elimination of 

annual costs related to Stage II system testing, inspections, fees, training, and recordkeeping. 

USEPA also factored in lost revenue associated with the loss of vapor recovery savings that was 

provided by the Stage II systems of $1,230. TSD Att. H at 7-8. The savings in annual operating 

and maintenance costs of $1,844 together with the lost savings in vapor recovery of $1,230 

resulted in a net savings of $614. Id. 

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After the decommissioning process and going forward on an annual basis, USEPA 

estimated that the average GDF will see a $997 savings in the initial year and $2,977 to as much 

as $6,000 in following years. TSD Att. H at 9; Tr.1 at 23, 57-61. Extrapolating these savings, 

USEPA estimated the nationwide savings for the first 12-month period would be $10,200,000 in 

2013 and $91,100,000 by the end of 2016, not counting California. TSD Att. H at 10. 

Further, USEPA estimated the costs savings of not installing Stage II systems at the 

average newly-established GDFs on or after January 1, 2014, to be in the range of $20,000 to 

$60,000, with a recurring annual savings from avoided operating costs of about $3,000. TSD at 

32; TSD Att. C; TSD Att. H at 12; PFT1 Burkhart at 15, Tr. 1 at 23. 

IEPA requested cost estimates from a few major licensed contractors that perform

gasoline dispenser and fuel infrastructure work in the Chicago area. Looking at a range of GDFs 

with 2 to 6 nozzles and various dispenser manufactures, cost estimates ranged from $2,000 to 

$7,000 per GDF to decommission. The least expensive of these would be the balance-type 

systems at $2000, of which there are an estimated 100 in the Chicago NAA. For the vacuumassist Stage II systems with 2 nozzles, IEPA found estimates around $4,400. For all 2,420 GDFs 

in the Chicago NAA to decommission their Stage II equipment, IEPA estimated a total cost of 

about $10.6 million. TSD at 31-32; PFT1 Burkhart at 14, Tr. 1 at 22-23. 

IPMA, which consists of “300 members who own or supply 3500 gasoline stations and 

convenience stores in Illinois,” made economic arguments for the timely adoption of the 

amendments. PC2 at 1; see also PC6 at 1. IPMA emphasized that “Illinois marketers are 

delaying investment in building new sites or upgrading existing ones until the new rules are in 

place.” PC6 at 1. IPMA argued that delaying final adoption of the amendments would have an 

economic ripple effect: 

There are several marketers with stations in Illinois that market in multiple states. 

Many of them are electing to invest money in developing new stations in other 

states. By doing this they can enjoy a savings of about 50k per site. This is the 

typical average cost when stage II vapor recovery systems do not need to be 

installed. Each station built outside of Illinois is a loss of about 2.5 to 3 million 

dollars spent in Illinois. That is the average cost of construction per site in the 

impacted counties. This is a loss of jobs and revenue to the state and its citizens. 

PC2 at 1. 

ARID suggests that adding vapor processor controls to USTs would provide a favorable 

payback to the GDF owner and fuel savings. PC4 at 2; White Paper at 17. IPMA opposes these

add-on controls, arguing that “it would be an expensive investment for the site to make this 

change” and after installation, would impose additional maintenance costs both for the ARID 

system and the retained Stage II “ORVR compatible” system. PC6 at 1. The Board reiterates 

that ARID provided no cost information comparable to USEPA’s analysis for the average GDF 

for the Board to draw comparisons. USEPA’s financial analysis found the average GDF would 

save $1,230 per year in vapor recovery (i.e., fuel) savings if Stage II were kept in place, but 

would still need to pay $1,844 in annual Stage II operating and maintenance costs and not realize 

Illinois Ozone SIP Revision - Vehicle Refuleing Vapor Recovery Program: Attachments Page - 1165
the cost savings of switching to conventional, non-Stage II equipment of $2,977 total per year. 

TSD Att. H at 7-8. 

 

The permit exemptions and insignificant activity amendments do not place additional 

financial obligations on affected sources, but rather should reduce the burden associated with 

permitting and may result in reduced costs to sources. SR at 28-29; TSD at 27-28; Tr.1 at 30. 

Based upon the record, the Board finds that these amendments are economically 

reasonable and will not have an adverse economic impact on the People of Illinois. 

CONCLUSION

The Board adopts final amendments to Parts 201, 218, and 219. No substantive changes, 

and only minor revisions, are made to the second-notice rule language. The Board now files the 

final rules with the Secretary of State to provide an effective date for these amendments during 

this calendar year. A 2013 calendar-year effective date will allow the State of Illinois to timely 

realize additional emission reduction benefits achievable by using only ORVR systems. 

This proceeding’s most substantial rule change is the phasing out of the Stage II 

requirements for GDFs in the Chicago ozone NAA. The proposed removal of Stage II vapor 

recovery systems is possible due to USEPA’s waiver of the Stage II requirement, which is based 

upon USEPA’s determination that there is widespread use of ORVR nationwide. In turn, IEPA 

has demonstrated that beginning in January 2014, ORVR operating simultaneously with 

incompatible Stage II systems will not achieve as many emission reductions as could be achieved 

through the use of ORVR alone. 

Owners and operators of existing GDFs (i.e., operating at any time before January 1, 

2014) in the Chicago ozone NAA may begin decommissioning Stage II systems on January 1, 

2014, but must comply with Stage II requirements until decommissioning begins. 

Decommissioning must be completed by December 31, 2016. Additionally, the amendments 

remove the requirement for installing Stage II systems at new GDFs in the Chicago ozone NAA 

(i.e., operating for the first time on or after January 1, 2014). 

As proposed at first and second notice, the final amendments also reflect the repeal of 

overlapping Stage I registration requirements in the Chicago and Metro-East ozone NAAs. 

Finally, applicable throughout the State are clarifications to State air permitting exemptions and

amendments for Title V or CAAPP “insignificant activities.” 

ORDER

The Board adopts the following amendments to 35 Ill. Adm. Code 201, 218, and 219 and 

directs the Clerk to submit the amendments to the Secretary of State for publication in the Illinois 

Register as final rules. Adopted additions to the rules are underlined; adopted deletions to the 

rules appear stricken.

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TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE B: AIR POLLUTION

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS

PART 201 

PERMITS AND GENERAL PROVISIONS

SUBPART A: DEFINITIONS

Section 

201.101 Other Definitions

201.102 Definitions 

201.103 Abbreviations and Units 

201.104 Incorporations by Reference 

SUBPART B: GENERAL PROVISIONS

Section 

201.121 Existence of Permit No Defense 

201.122 Proof of Emissions 

201.123 Burden of Persuasion Regarding Exceptions 

201.124 Annual Report 

201.125 Severability

201.126 Repealer

SUBPART C: PROHIBITIONS 

Section 

201.141 Prohibition of Air Pollution 

201.142 Construction Permit Required 

201.143 Operating Permits for New Sources 

201.144 Operating Permits for Existing Sources 

201.146 Exemptions from State Permit Requirements 

201.147 Former Permits 

201.148 Operation Without Compliance Program and Project Completion Schedule 

201.149 Operation During Malfunction, Breakdown or Startups 

201.150 Circumvention 

201.151 Design of Effluent Exhaust Systems 

SUBPART D: PERMIT APPLICATIONS AND REVIEW PROCESS

Section 

201.152 Contents of Application for Construction Permit 

201.153 Incomplete Applications (Repealed)

201.154 Signatures (Repealed)

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201.155 Standards for Issuance (Repealed)

201.156 Conditions 

201.157 Contents of Application for Operating Permit 

201.158 Incomplete Applications 

201.159 Signatures

201.160 Standards for Issuance 

201.161 Conditions 

201.162 Duration 

201.163 Joint Construction and Operating Permits 

201.164 Design Criteria

201.165 Hearings

201.166 Revocation

201.167 Revisions to Permits 

201.168 Appeals from Conditions 

201.169 Special Provisions for Certain Operating Permits

201.170 Portable Emission Units

201.175 Registration of Smaller Sources (ROSS)

SUBPART E: SPECIAL PROVISIONS FOR OPERATING PERMITS FOR CERTAIN 

SMALLER SOURCES

Section 

201.180 Applicability (Repealed)

201.181 Expiration and Renewal (Repealed)

201.187 Requirement for a Revised Permit (Repealed)

SUBPART F: CAAPP PERMITS

Section 

201.207 Applicability

201.208 Supplemental Information 

201.209 Emissions of Hazardous Air Pollutants 

201.210 Categories of Insignificant Activities or Emission Levels 

201.211 Application for Classification as an Insignificant Activity 

201.212 Revisions to Lists of Insignificant Activities or Emission Levels 

SUBPART G: EXPERIMENTAL PERMITS

(Reserved)

SUBPART H: COMPLIANCE PROGRAMS AND PROJECT COMPLETION SCHEDULES

Section 

201.241 Contents of Compliance Program 

201.242 Contents of Project Completion Schedule 

201.243 Standards for Approval 

201.244 Revisions 

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201.245 Effects of Approval 

201.246 Records and Reports 

201.247 Submission and Approval Dates 

SUBPART I: MALFUNCTIONS, BREAKDOWNS OR STARTUPS

Section 

201.261 Contents of Request for Permission to Operate During a Malfunction, Breakdown 

or Startup 

201.262 Standards for Granting Permission to Operate During a Malfunction, Breakdown 

or Startup 

201.263 Records and Reports 

201.264 Continued Operation or Startup Prior to Granting of Operating Permit 

201.265 Effect of Granting of Permission to Operate During a Malfunction, Breakdown or 

Startup 

SUBPART J: MONITORING AND TESTING

Section 

201.281 Permit Monitoring Equipment Requirements 

201.282 Testing

201.283 Records and Reports 

SUBPART K: RECORDS AND REPORTS

Section 

201.301 Records

201.302 Reports 

SUBPART L: CONTINUOUS MONITORING

Section 

201.401 Continuous Monitoring Requirements 

201.402 Alternative Monitoring 

201.403 Exempt Sources

201.404 Monitoring System Malfunction 

201.405 Excess Emission Reporting 

201.406 Data Reduction

201.407 Retention of Information 

201.408 Compliance Schedules 

201.APPENDIX A Rule into Section Table 

201.APPENDIX B Section into Rule Table 

201.APPENDIX C Past Compliance Dates 

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AUTHORITY: Implementing Sections 10, 39 and 39.5 and authorized by Section 27 of the 

Environmental Protection Act [415 ILCS 5/10, 27, 39 and 39.5]. 

SOURCE: Adopted as Chapter 2: Air Pollution, Part I: General Provisions, in R71-23, 4 PCB 

191, filed and effective April 14, 1972; amended in R78-3 and 4, 35 PCB 75 and 243, at 3 Ill. 

Reg.30, p. 124, effective July 28, 1979; amended in R80-5, at 7 Ill. Reg. 1244, effective January 

21, 1983; codified at 7 Ill. Reg. 13579; amended in R82-1 (Docket A) at 10 Ill. Reg. 12628, 

effective July 7, 1986; amended in R87-38 at 13 Ill. Reg. 2066, effective February 3, 1989; 

amended in R89-7(A) at 13 Ill. Reg. 19444, effective December 5, 1989; amended in R89-7(B) 

at 15 Ill. Reg. 17710, effective November 26, 1991; amended in R93-11 at 17 Ill. Reg. 21483, 

effective December 7, 1993; amended in R94-12 at 18 Ill. Reg. 15002, effective September 21, 

1994; amended in R94-14 at 18 Ill. Reg. 15760, effective October 17, 1994; amended in R96-17 

at 21 Ill. Reg. 7878, effective June 17, 1997; amended in R98-13 at 22 Ill. Reg. 11451, effective 

June 23, 1998; amended in R98-28 at 22 Ill. Reg. 11823, effective July 31, 1998; amended in 

R02-10 at 27 Ill. Reg. 5820, effective March 21, 2003; amended in R05-19 and R05-20 at 30 Ill. 

Reg. 4901, effective March 3, 2006; amended in R07-19 at 33 Ill. Reg. 11965, effective August 

6, 2009; amended in R10-21 at 34 Ill. Reg.19575, effective December 1, 2010; amended in R12-

10 at 35 Ill. Reg. 19790, effective December 5, 2011; amended in R13-18 at 38 Ill. Reg. 

__________, effective ____________. 

SUBPART C: PROHIBITIONS

Section 201.146 Exemptions from State Permit Requirements 

Construction or operating permits, pursuant to Sections 201.142, 201.143 and 201.144 of this 

Part, are not required for the classes of equipment and activities listed below in this Section. The 

permitting exemptions in this Section do not relieve the owner or operator of any source from 

any obligation to comply with any other applicable requirements, including the obligation to 

obtain a permit pursuant to Sections 9.1(d) and 39.5 of the Act, sections 165, 173 and 502 of the 

Clean Air Act or any other applicable permit or registration requirements. 

a) Air contaminant detectors or recorders, combustion controllers or combustion 

shutoffs; 

b) Air conditioning or ventilating equipment not designed to remove air 

contaminants generated by or released from associated equipment; 

c) Each fuel burning emission unit for indirect systems and for heating and reheating 

furnace systems used exclusively for residential, or commercial establishments 

using gas and/or fuel oil exclusively with a design heat input capacity of less than 

14.6 MW (50 mmbtu/hr), except that a permit shall be required for any such 

emission unit with a design heat input capacity of at least 10 mmbtu/hr that was 

constructed, reconstructed or modified after June 9, 1989 and that is subject to 40 

CFR 60, subpart D; 

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d) Each fuel burning emission unit other than those listed in subsection (c) of this 

Section for direct systems used for comfort heating purposes and indirect heating 

systems with a design heat input capacity of less than 2930 kW (10 mmbtu/hr); 

e) Internal combustion engines or boilers (including the fuel system) of motor 

vehicles, locomotives, air craft, watercraft, lifttrucks and other vehicles powered 

by nonroad engines; 

f) Bench scale laboratory equipment and laboratory equipment used exclusively for 

chemical and physical analysis, including associated laboratory fume hoods, 

vacuum producing devices and control devices installed primarily to address 

potential accidental releases; 

g) Coating operations located at a source using not in excess of 18,925 1 (5,000 gal) 

of coating (including thinner) per year; 

h) Any emission unit acquired exclusively for domestic use, except that a permit 

shall be required for any incinerator and for any fuel combustion emission unit 

using solid fuel with a design heat input capacity of 14.6 MW (50 mmbtu/hr) or 

more; 

i) Any stationary internal combustion engine with a rated power output of less than 

1118 kW (1500 bhp) or stationary turbine, except that a permit shall be required 

for the following: 

1) Any internal combustion engine with a rating at equal to or greater than 

500 bhp output that is subject to the control requirements of 35 Ill. Adm. 

Code 217.388(a) or (b); or 

2) Any stationary gas turbine engine with a rated heat input at peak load of 

10.7 gigajoules/hr (10 mmbtu/hr) or more that is constructed, 

reconstructed or modified after October 3, 1977 and that is subject to 

requirements of 40 CFR 60, subpart GG; 

j) Rest room facilities and associated cleanup operations, and stacks or vents used to 

prevent the escape of sewer gases through plumbing traps; 

k) Safety devices designed to protect life and limb, provided that a permit is not 

otherwise required for the emission unit with which the safety device is 

associated; 

l) Storage tanks and fuel dispensing equipment that are both used for the dispensing 

of fuel to mobile sources, including on-road and off-road vehicles, for use in such 

mobile sourcesStorage tanks for liquids for retail dispensing except for storage 

tanks that are subject to the requirements of 35 Ill. Adm. Code 215.583(a)(2), 

218.583(a)(2) or 219.583(a)(2); 

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m) Printing operations with aggregate organic solvent usage that never exceeds 2,839 

l (750 gal) per year from all printing lines at the source, including organic solvent 

from inks, dilutents, fountain solutions and cleaning materials; 

n) Storage tanks of: 

1) Organic liquids with a capacity of less than 37,850 l (10,000 gal), 

provided the storage tank is not used to store any amount of material or 

mixture of any material listed as a hazardous air pollutant pursuant to 

section 112(b) of the Clean Air Act, and provided the storage tank is not 

subject to the requirements of 35 Ill. Adm. Code 215.583(a)(2), 

218.583(a)(2) or 219.583(a)(2); 

2) Any size containing exclusively soaps, detergents, surfactants, waxes, 

glycerin, vegetable oils, greases, animal fats, sweetener, corn syrup, 

aqueous salt solutions or aqueous caustic solutions, provided an organic 

solvent has not been mixed with such materials; or 

3) Any size containing virgin or re-refined distillate oil (including kerosene 

and diesel fuel), hydrocarbon condensate from natural gas pipeline or 

storage systems, lubricating oil or residual fuel oils; 

o) Threaded pipe connections, vessel manways, flanges, valves, pump seals, pressure 

relief valves, pressure relief devices and pumps; 

p) Sampling connections used exclusively to withdraw materials for testing and 

analyses; 

q) All storage tanks of Illinois crude oil with capacity of less than 151,400 1 (40,000 

gal) located on oil field sites; 

r) All organic material-water single or multiple compartment effluent water 

separator facilities for Illinois crude oil of vapor pressure of less than 34.5 kPa 

absolute (5 psia); 

s) Grain-handling operations, exclusive of grain-drying operations, with an annual 

grain through-put not exceeding 300,000 bushels; 

t) Grain-drying operations with a total grain-drying capacity not exceeding 750 

bushels per hour for 5% moisture extraction at manufacturer's rated capacity, 

using the American Society of Agricultural Engineers Standard 248.2, Section 9, 

Basis for Stating Drying Capacity of Batch and Continuous-Flow Grain Dryers; 

u) Portable grain-handling equipment and one-turn storage space; 

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v) Cold cleaning degreasers that are not in-line cleaning machines, where the vapor 

pressure of the solvents used never exceeds 2 kPa (15 mmHg or 0.3 psi) measured 

at 38°C (100°F) or 0.7 kPa (5 mmHg or 0.1 psi) at 20°C (68°F); 

w) Coin-operated dry cleaning operations; 

x) Dry cleaning operations at a source that consume less than 30 gallons per month 

of perchloroethylene; 

y) Brazing, soldering, wave soldering or welding equipment, including associated 

ventilation hoods; 

z) Cafeterias, kitchens, and other similar facilities, including smokehouses, used for 

preparing food or beverages, but not including facilities used in the manufacturing 

and wholesale distribution of food, beverages, food or beverage products, or food 

or beverage components; 

aa) Equipment for carving, cutting, routing, turning, drilling, machining, sawing, 

surface grinding, sanding, planing, buffing, sand blast cleaning, shot blasting, shot 

peening, or polishing ceramic artwork, leather, metals (other than beryllium), 

plastics, concrete, rubber, paper stock, wood or wood products, where such 

equipment is either: 

1) Used for maintenance activity; 

2) Manually operated; 

3) Exhausted inside a building; or 

4) Vented externally with emissions controlled by an appropriately operated 

cyclonic inertial separator (cyclone), filter, electro-static precipitor or a 

scrubber; 

bb) Feed mills that produce no more than 10,000 tons of feed per calendar year, 

provided that a permit is not otherwise required for the source pursuant to Section 

201.142, 201.143 or 201.144; 

cc) Extruders used for the extrusion of metals, minerals, plastics, rubber or wood, 

excluding: 

1) Extruders used in the manufacture of polymers; 

2) Extruders using foaming agents or release agents that contain volatile 

organic materials or Class I or II substances subject to the requirements of 

Title VI of the Clean Air Act; and 

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3) Extruders processing scrap material that was produced using foaming 

agents containing volatile organic materials or Class I or II substances 

subject to the requirements of Title VI of the Clean Air Act; 

dd) Furnaces used for melting metals, other than beryllium, with a brim full capacity 

of less than 450 cubic inches by volume; 

ee) Equipment used for the melting or application of less than 22,767 kg/yr (50,000 

lbs/yr) of wax to which no organic solvent has been added; 

ff) Equipment used for filling drums, pails or other packaging containers, excluding 

aerosol cans, with soaps, detergents, surfactants, lubricating oils, waxes, vegetable 

oils, greases, animal fats, glycerin, sweeteners, corn syrup, aqueous salt solutions 

or aqueous caustic solutions, provided an organic solvent has not been mixed with 

such materials; 

gg) Loading and unloading systems for railcars, tank trucks, or watercraft that handle 

only the following liquid materials: soaps, detergents, surfactants, lubricating 

oils, waxes, glycerin, vegetable oils, greases, animal fats, sweetener, corn syrup, 

aqueous salt solutions or aqueous caustic solutions, provided an organic solvent 

has not been mixed with such materials; 

hh) Equipment used for the mixing and blending of materials at ambient temperatures 

to make water based adhesives, provided each material mixed or blended contains 

less than 5% organic solvent by weight; 

ii) Die casting machines where a metal or plastic is formed under pressure in a die 

located at a source with a through-put of less than 2,000,000 lbs of metal or 

plastic per year, in the aggregate, from all die casting machines; 

jj) Air pollution control devices used exclusively with other equipment that is 

exempt from permitting, as provided in this Section; 

kk) (Reserved)An emission unit for which a registration system designed to identify 

sources and emission units subject to emission control requirements is in place, 

such as the registration system found at 35 Ill. Adm. Code 218.586 (Gasoline 

Dispensing Operations – Motor Vehicle Fueling Operations) and 35 Ill. Adm. 

Code 218, Subpart HH (Motor Vehicle Refinishing); 

ll) Photographic process equipment by which an image is reproduced upon material 

sensitized to radiant energy; 

mm) Equipment used for hydraulic or hydrostatic testing; 

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nn) General vehicle maintenance and servicing activities conducted at a source, motor 

vehicle repair shops, and motor vehicle body shops, but not including motor 

vehicle refinishing;: 

1) Gasoline fuel handling; and 

2) Motor vehicle refinishing; 

oo) Equipment using water, water and soap or detergent, or a suspension of abrasives 

in water for purposes of cleaning or finishing, provided no organic solvent has 

been added to the water; 

pp) Administrative activities including, but not limited to, paper shredding, copying, 

photographic activities and blueprinting machines. This does not include 

incinerators; 

qq) Laundry dryers, extractors, and tumblers processing that have been cleaned with 

water solutions of bleach or detergents that are: 

1) Located at a source and process clothing, bedding and other fabric items 

used at the source, provided that any organic solvent present in such items 

before processing that is retained from cleanup operations shall be 

addressed as part of the VOM emissions from use of cleaning materials; 

2) Located at a commercial laundry; or 

3) Coin operated; 

rr) Housekeeping activities for cleaning purposes, including collecting spilled and 

accumulated materials, including operation of fixed vacuum cleaning systems 

specifically for such purposes, but not including use of cleaning materials that 

contain organic solvent; 

ss) Refrigeration systems, including storage tanks used in refrigeration systems, but 

excluding any combustion equipment associated with such systems; 

tt) Activities associated with the construction, on-site repair, maintenance or 

dismantlement of buildings, utility lines, pipelines, wells, excavations, earthworks 

and other structures that do not constitute emission units; 

uu) Piping and storage systems for natural gas, propane and liquefied petroleum gas; 

vv) Water treatment or storage systems, as follows: 

1) Systems for potable water or boiler feedwater; 

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2) Systems, including cooling towers, for process water, provided that such 

water has not been in direct or indirect contact with process streams that 

contain volatile organic material or materials listed as hazardous air 

pollutants pursuant to section 112(b) of the Clean Air Act; 

ww) Lawn care, landscape maintenance and grounds keeping activities; 

xx) Containers, reservoirs or tanks used exclusively in dipping operations to coat 

objects with oils, waxes or greases, provided no organic solvent has been mixed 

with such materials; 

yy) Use of consumer products, including hazardous substances as that term is defined 

in the Federal Hazardous Substances Act (15 USC 1261 et seq.), where the 

product is used at a source in the same manner as normal consumer use; 

zz) Activities directly used in the diagnosis and treatment of disease, injury or other 

medical condition; 

aaa) Activities associated with the construction, repair or maintenance of roads or 

other paved or open areas, including operation of street sweepers, vacuum trucks, 

spray trucks and other vehicles related to the control of fugitive emissions of such 

roads or other areas; 

bbb) Storage and handling of drums or other transportable containers, where the 

containers are sealed during storage and handling; 

ccc) Activities at a source associated with the maintenance, repair or dismantlement of 

an emission unit or other equipment installed at the source, not including the 

shutdown of the unit or equipment, including preparation for maintenance, repair 

or dismantlement, and preparation for subsequent startup, including preparation of 

a shutdown vessel for entry, replacement of insulation, welding and cutting, and 

steam purging of a vessel prior to startup; 

ddd) Equipment used for corona arc discharge surface treatment of plastic with a power 

rating of 5 kW or less or equipped with an ozone destruction device; 

eee) Equipment used to seal or cut plastic bags for commercial, industrial or domestic 

use; 

fff) Each direct-fired gas dryer used for a washing, cleaning, coating or printing line, 

excluding: 

1) Dryers with a rated heat input capacity of 2930 kW (10 mmbtu/hr) or 

more; and 

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2) Dryers for which emissions other than those attributable to combustion of 

fuel in the dryer, including emissions attributable to use or application of 

cleaning agents, washing materials, coatings or inks or other process 

materials that contain volatile organic material are not addressed as part of 

the permitting of such line, if a permit is otherwise required for the line; 

ggg) Municipal solid waste landfills with a maximum total design capacity of less than 

2.5 million Mg or 2.5 million m3

 that are not required to install a gas collection 

and control system pursuant to 35 Ill. Adm. Code 220 or 800 through 849 or 

Section 9.1 of the Act; 

hhh) Replacement or addition of air pollution control equipment for existing emission 

units in circumstances where:

1) The existing emission unit is permitted and has operated in compliance for 

the past year;

2) The new control equipment will provide equal or better control of the 

target pollutants;

3) The new control device will not be accompanied by a net increase in 

emissions of any non-targeted criteria air pollutant;

4) Different State or federal regulatory requirements or newly proposed 

regulatory requirements will not apply to the unit; and 

BOARD NOTE: All sources must comply with underlying federal 

regulations and future State regulations. 

5) Where the existing air pollution control equipment had required 

monitoring equipment, the new air pollution control equipment will be 

equipped with the instrumentation and monitoring devices that are 

typically installed on the new equipment of that type. 

BOARD NOTE: For major sources subject to Section 39.5 of the Act, 

where the new air pollution control equipment will require a different 

compliance determination method in the facility's CAAPP permit, the 

facility may need a permit modification to address the changed 

compliance determination method; 

iii) Replacement, addition, or modification of emission units at facilities with 

federally enforceable State operating permits limiting their potential to emit in 

circumstances where:

1) The potential to emit any regulated air pollutant in the absence of air 

pollution control equipment from the new emission unit, or the increase in 

the potential to emit resulting from the modification of any existing 

emission unit, is less than 0.1 pound per hour or 0.44 tons per year; 

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2) The raw materials and fuels used or present in the emission unit that cause 

or contribute to emissions, based on the information contained in Material 

Safety Data Sheets for those materials, do not contain equal to or greater 

than 0.01 percent by weight of any hazardous air pollutant as defined 

under section 112(b) of the federal Clean Air Act; 

3) The emission unit or modification is not subject to an emission standard or 

other regulatory requirement pursuant to section 111 of the federal Clean 

Air Act;

4) Potential emissions of regulated air pollutants from the emission unit or 

modification will not, in combination with emissions from existing units 

or other proposed units, trigger permitting requirements under Section 

39.5, permitting requirements under section 165 or 173 of the federal 

Clean Air Act, or the requirement to obtain a revised federally enforceable 

State operating permit limiting the source's potential to emit; and

5) The source is not currently the subject of a Non-compliance Advisory, 

Clean Air Act Section 114 Request, Violation Notice, Notice of Violation, 

Compliance Commitment Agreement, Administrative Order, or civil or 

criminal enforcement action, related to the air emissions of the source;

jjj) Replacement, addition, or modification of emission units at permitted sources that 

are not major sources subject to Section 39.5 of the Act and that do not have a 

federally enforceable State operating permit limiting their potential to emit, in 

circumstances where:

1) The potential to emit of any regulated air pollutant in the absence of air 

pollution control equipment from the new emission unit, or the increase in 

the potential to emit resulting from the modification of any existing 

emission unit is either:

A) Less than 0.1 pound per hour or 0.44 tons per year; or 

B) Less than 0.5 pound per hour, and the permittee provides prior 

notification to the Agency of the intent to construct or install the 

unit. The unit may be constructed, installed or modified 

immediately after the notification is filed;

2) The emission unit or modification is not subject to an emission standard or 

other regulatory requirement under section 111 or 112 of the federal Clean 

Air Act;

3) Potential emissions of regulated air pollutants from the emission unit or 

modification will not, in combination with the emissions from existing 

Illinois Ozone SIP Revision - Vehicle Refuleing Vapor Recovery Program: Attachments Page - 1178
units or other proposed units, trigger permitting requirements under 

Section 39.5 of the Act or the requirement to obtain a federally 

enforceable permit limiting the source's potential to emit; and

4) The source is not currently the subject of a Non-compliance Advisory, 

Clean Air Act Section 114 Request, Violation Notice, Notice of Violation, 

Compliance Commitment Agreement, Administrative Order, or civil or 

criminal enforcement action, related to the air emissions of the source; 

kkk) The owner or operator of a CAAPP source is not required to obtain an air 

pollution control construction permit for the construction or modification of an 

emission unit or activity that is an insignificant activity as addressed by Section 

201.210 or 201.211 of this Part. Section 201.212 of this Part must still be 

followed, as applicable. Other than excusing the owner or operator of a CAAPP 

source from the requirement to obtain an air pollution control construction permit 

for the emission units or activities, nothing in this subsection shall alter or affect 

the liability of the CAAPP source for compliance with emission standards and 

other requirements that apply to the emission units or activities, either 

individually or in conjunction with other emission units or activities constructed, 

modified or located at the source; 

lll) Plastic injection molding equipment with an annual through-put not exceeding 

5,000 tons of plastic resin in the aggregate from all plastic injection molding 

equipment at the source, and all associated plastic resin loading, unloading, 

conveying, mixing, storage, grinding, and drying equipment and associated mold 

release and mold cleaning agents.

(Source: Amended at 38 Ill. Reg. ______________, effective___________) 

SUBPART F: CAAPP PERMITS

Section 201.210 Categories of Insignificant Activities or Emission Levels 

a) The owner or operator of a CAAPP source, pursuant to 35 Ill. Adm. Code 270, 

shall submit to the Agency within its CAAPP application a list of the following 

activities or emission levels:

1) Any emission unit determined to be an insignificant activity by the 

Agency pursuant to Section 201.211 of this Part; 

2) Emission units with emissions that never exceed 0.1 lbs/hr of any 

regulated air pollutant in the absence of air pollution control equipment 

and that do not emit any air pollutant listed as hazardous pursuant to 

sectionSection 112(b) of the Clean Air Act; 

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3) Emission units with emissions that never exceed 0.44 tons/year of any 

regulated air pollutant in the absence of air pollution control equipment 

and that do not emit any air pollutant listed as hazardous pursuant to 

sectionSection 112(b) of the Clean Air Act; 

4) Direct combustion units designed and used for comfort heating purposes 

and fuel combustion emission units as follows: 

A) Units with a rated heat input capacity of less than 2.5 mmbtu/hr 

that fire only natural gas, propane or liquefied petroleum gas; 

B) Units with a rated heat input capacity of less than 1.0 mmbtu/hr 

that fire only oil or oil in combination with only natural gas, 

propane, or liquefied petroleum gas; 

C) Units with a rated capacity of less than 200,000 btu/hr which never 

burn refuse or treated or chemically contaminated wood; 

5) Extruders used for the extrusion of metals, minerals, plastics, rubber, or 

wood, excluding extruders used in the manufacture of polymers, provided 

that volatile organic materials or class I or II substances subject to the 

requirements of Title VI of the Clean Air Act are not used as foaming 

agents or release agents or were not used as foaming agents in the case of 

extruders processing scrap material;

6) Furnaces used for melting metals other than beryllium with a brim full 

capacity of less than 450 cubic inches by volume; 

7) Equipment used for the melting or application of less than 50,000 lbs/yr of 

wax to which no organic solvent has been added; 

8) Equipment used for filling drums, pails or other packaging containers, 

excluding aerosol cans, with soaps, detergents, surfactants, lubricating 

oils, waxes, vegetable oils, greases, animal fats, glycerin, sweeteners, corn 

syrup, aqueous salt solutions, or aqueous caustic solutions; 

9) Equipment used for the mixing and blending of materials at ambient 

temperature to make water based adhesives provided each material 

contains less than 5% organic solvent by weight; 

10) Storage tanks, as follows: 

A) Storage tanks of organic liquids with a capacity of less than 10,000 

gallons and an annual throughput of less than 100,000 gallons 

provided the tank is not used for the storage of any amount of 

gasoline, including gasoline/ethanol blend fuels, or any amount of 

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material or mixture of any material listed as a hazardous air 

pollutant pursuant to sectionSection 112(b) of the Clean Air Act;

B) Storage tanks of gasoline, including gasoline/ethanol blend fuels, 

with a capacity of less than 2000 gallons; 

11) Storage tanks of virgin or rerefined distillate oil (including kerosene and 

diesel fuel), hydrocarbon condensate from natural gas pipeline or storage 

systems, lubricating oil, or residual fuel oils;

12) Die casting machines where a metal or plastic is formed under pressure in 

a die;

13) Coating operations (excluding powder, architectural and industrial 

maintenance coating) with aggregate VOM usage that never exceeds 15 

lbs/day from all coating lines at the source, including VOM from coating, 

dilutents, and cleaning materials;

14) Printing operations with aggregate organic solvent usage that never 

exceeds 750 gallons per year from all printing lines at the source, 

including organic solvent from inks, dilutents, fountain solutions, and 

cleaning materials;

15) Gas turbines and stationary reciprocating internal combustion engines of 

less than 112 kW (150 horsepower) power output; 

16) Gas turbines and stationary reciprocating internal combustion engines of 

between 1118 and 112 kW (1500 and 150 horsepower) power output that 

are emergency or standby units;

17) Storage tanks of any size containing exclusively soaps, detergents, 

surfactants, waxes, glycerin, vegetable oils, greases, animal fats, 

sweetener, corn syrup, aqueous salt solutions, or aqueous caustic solutions 

provided an organic solvent has not been mixed with such materials; and

18) Loading and unloading systems for railcars, tank trucks, or watercraft that 

handle only the following liquid materials provided an organic solvent has 

not been mixed with such materials: soaps, detergents, surfactants, 

lubricating oils, waxes, glycerin, vegetable oils, greases, animal fats, 

sweetener, corn syrup, aqueous salt solutions, or aqueous caustic 

solutions; and. 

19) Fuel dispensing operations and fuel dispensing equipment for the fuels 

specified in subsections (a)(19)(A) and (B), for mobile sources, including 

on-road and off-road vehicles, for use in those mobile sources. For 

purposes of this subsection (a)(19), fuel dispensing equipment means 

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equipment for transferring fuel to a mobile source, including nozzles, 

hoses, swivels, breakaways, hose retractors, vapor valves, dispensers, 

vacuum-assist devices, vapor-return piping, and liquid collection points. 

Storage tanks and storage tank equipment are not included in fuel 

dispensing operations or fuel dispensing equipment and are addressed 

separately.

A) Gasoline, including gasoline/ethanol blend fuels, if the annual 

throughput of the fuel dispensed is less than 120,000 gallons 

(rolling 12 month total). 

B) Distillate oil (including kerosene and diesel fuel), biodiesel, and 

biodiesel/distillate oil blends.

b) The owner or operator of a CAAPP source is not required to individually list the 

following activities in a CAAPP application pursuant to 35 Ill. Adm. Code 270. 

The applicant shall denote whether any of the following activities are present at 

the source in its CAAPP application: 

1) Air conditioning or ventilating equipment not designed to remove air 

contaminants generated by or released from associated equipment;

2) Photographic process equipment by which an image is reproduced upon 

material sensitized to radiant energy;

3) Equipment used for hydraulic or hydrostatic testing; 

4) General vehicle maintenance and servicing activities at the source, other 

than fuel handling or dispensing of gasoline (including gasoline/ethanol 

blend fuels), distillate oil (including kerosene and diesel fuel), biodiesel, 

or biodiesel/distillate oil blends fuel handling; 

5) Cafeterias, kitchens, and other facilities used for preparing food or 

beverages primarily for consumption at the source; 

6) Equipment using water, water and soap or detergent, or a suspension of 

abrasives in water for purposes of cleaning or finishing provided no 

organic solvent has been added to the water; 

7) Administrative activities including, but not limited to, paper shredding, 

copying, photographic activities, and blueprinting machines. This does 

not include incinerators; 

8) Laundry dryers, extractors, and tumblers processing clothing, bedding, and 

other fabric items used at the source that have been cleaned with water 

solutions of bleach or detergents provided that any organic solvent present 

Illinois Ozone SIP Revision - Vehicle Refuleing Vapor Recovery Program: Attachments Page - 1182
in such items before processing that is retained from clean-up operations 

shall be addressed as part of the VOM emissions from use of cleaning 

materials;

9) Housekeeping activities for cleaning purposes, including collecting spilled 

and accumulated materials at the source, including operation of fixed 

vacuum cleaning systems specifically for such purposes, but not including 

use of cleaning materials that contain organic solvent;

10) Refrigeration systems, including storage tanks used in refrigeration 

systems, but excluding any combustion equipment associated with such 

systems;

11) Bench scale laboratory equipment and laboratory equipment used 

exclusively for chemical and physical analysis, including associated 

laboratory fume hoods, vacuum producing devices and control devices 

installed primarily to address potential accidental releases;

12) Restroom facilities and associated clean-up operations, and stacks or vents 

used to prevent the escape of sewer gases through plumbing traps; 

13) Activities associated with the construction, on-site repair, maintenance or 

dismantlement of buildings, utility lines, pipelines, wells, excavations, 

earthworks and other structures that do not constitute emission units; 

14) Storage tanks of organic liquids with a capacity of less than 500 gallons, 

provided the tank is not used for storage of any amount of material or 

mixture of any material listed as a hazardous air pollutant pursuant to 

sectionSection 112(b) of the Clean Air Act; 

15) Piping and storage systems for natural gas, propane, and liquefied 

petroleum gas; 

16) Water treatment or storage systems, as follows:

A) Systems for potable water or boiler feedwater;

B) Systems, including cooling towers, for process water provided that 

such water has not been in direct or indirect contact with process 

streams that contain volatile organic material or materials listed as 

hazardous air pollutants pursuant to sectionSection 112(b) of the 

Clean Air Act;

17) Lawn care, landscape maintenance, and groundskeeping activities; 

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18) Containers, reservoirs, or tanks used exclusively in dipping operations to 

coat objects with oils, waxes, or greases, provided no organic solvent has 

been mixed with such materials;

19) Cold cleaning degreasers that are not in-line cleaning machines, where the 

vapor pressure of the solvents used never exceed 2kPa (15 mmHg or 0.3 

psi) measured at 38oC (100oF) or 0.7 kPa (5 mmHg or 0.1 psi) at 20oC 

(68o

F);

20) Manually operated equipment used for buffing, polishing, carving, cutting, 

drilling, machining, routing, sanding, sawing, scarfing, surface grinding or 

turning; 

21) Use of consumer products, including hazardous substances as that term is 

defined in the Federal Hazardous Substances Act (15 USCU.S.C. 1261 et 

seq.), where the product is used at a source in the same manner as normal 

consumer use; 

22) Activities directly used in the diagnosis and treatment of disease, injury or 

other medical condition; 

23) Firefighting activities and training in preparation for fighting fires 

conducted at the source; 

BOARD NOTE(Note: Open burning permits may be required for certain 

training activities.);

24) Internal combustion engine or boiler (including the fuel system) of motor 

vehicles, locomotives, aircraft, watercraft, lifttrucks, and other vehicles 

powered by nonroad engines; 

25) Activities associated with the construction, repair or maintenance of roads 

or other paved or open areas, including operation of street sweepers, 

vacuum trucks, spray trucks and other vehicles related to the control of 

fugitive emissions of such roads or other areas; 

26) Storage and handling of drums or other transportable containers where the 

containers are sealed during storage and handling; 

27) Individual points of emission or activities as follows: 

A) Individual flanges, valves, pump seals, pressure relief valves and 

other individual components that have the potential for leaks;

B) Individual sampling points, analyzers, and process instrumentation, 

whose operation may result in emissions; 

Illinois Ozone SIP Revision - Vehicle Refuleing Vapor Recovery Program: Attachments Page - 1184
C) Individual features of an emission unit such as each burner and 

sootblowers in a boiler or each use of cleaning materials on a 

coating or printing line;

D) Individual equipment that is transportable or activities within a 

facility established for testing units prior to sale or distribution or 

for purposes of research; and 

E) Individual equipment or activities within a pilot plant facility that 

is used for research or training; 

BOARD NOTE(Note: Notwithstanding the foregoing, such points of 

emissions or activities shall be addressed in a CAAPP application in 

sufficient detail to identify applicable requirements and demonstrate 

compliance with such requirements. Emission data for such activities 

shall be addressed in the aggregate for each emission unit or group of 

related emission units). 

28) Activities at a source associated with the modification only or construction 

only of a facility, an emission unit or other equipment at the source; and 

BOARD NOTE(Note: Notwithstanding the status of this activity as 

insignificant, a particular activity that entails modification or construction 

of an emission unit or construction of air pollution control equipment may 

require a construction permit pursuant to Section 201.142 of this Part and 

may subsequently require a revised CAAPP permit. A revised CAAPP 

permit may also be necessary for operation of an emission unit after 

completion of a particular activity if the existing CAAPP permit does not 

accommodate the new state of the emission unit.) 

29) Activities at a source associated with the maintenance, repair, or 

dismantlement of an emission unit or other equipment installed at the 

source, not including the shutdown of the unit or equipment, including 

preparation for maintenance, repair or dismantlement, and preparation for 

subsequent startup, including preparation of a shutdown vessel for entry, 

replacement of insulation, welding and cutting, and steam purging of a 

vessel prior to startup. 

(Source: Amended at 38 Ill. Reg.___________, effective _____________) 

SUBPART K: RECORDS AND REPORTS

Section 201.302 Reports 

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a) The owner or operator of any emission unit or air pollution control equipment 

meeting the applicability criteria contained in 35 Ill. Adm. Code 254.102, unless 

specifically exempted in this Section, shall submit to the Agency as a minimum, 

annual reports detailing the nature, specific emission units and total annual 

quantities of all specified air contaminant emissions; provided, however, that the 

Agency may require more frequent reports whenwhere necessary to accomplish 

the purposes of the Act and this Chapter. 

b) The Agency may adopt procedures which require that additional reports be 

submitted, and which set forth the format in which all reports shall be submitted. 

Such procedures and formats, and revisions thereto, shall not become effective 

until filed with the Secretary of State as required by the Illinois Administrative 

Procedure ActAPA. 

c) All emission data received by the Agency, shall be available for public inspection 

at reasonable times and upon reasonable notice. 

d) Retail gasoline dispensing operations are exempt from the requirements of 

subsection (a) above unless the source has failed to comply with 35 Ill. Adm. 

Code 218.586(h) or to obtain a permit under this Part if applicable. 

(Source: Amended at 38 Ill. Reg. ____________, effective ___________) 

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE B: AIR POLLUTION

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER c: EMISSIONS STANDARDS AND

LIMITATIONS FOR STATIONARY SOURCES

PART 218 

ORGANIC MATERIAL EMISSION STANDARDS AND

LIMITATIONS FOR THE CHICAGO AREA

SUBPART A: GENERAL PROVISIONS

Section

218.100 Introduction 

218.101 Savings Clause 

218.102 Abbreviations and Conversion Factors 

218.103 Applicability 

218.104 Definitions 

218.105 Test Methods and Procedures 

218.106 Compliance Dates 

218.107 Operation of Afterburners 

218.108 Exemptions, Variations, and Alternative Means of Control or Compliance 

Determinations 

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218.109 Vapor Pressure of Volatile Organic Liquids 

218.110 Vapor Pressure of Organic Material or Solvent 

218.111 Vapor Pressure of Volatile Organic Material 

218.112 Incorporations by Reference 

218.113 Monitoring for Negligibly-Reactive Compounds 

218.114 Compliance with Permit Conditions 

SUBPART B: ORGANIC EMISSIONS FROM STORAGE 

AND LOADING OPERATIONS

Section 

218.119 Applicability for VOL 

218.120 Control Requirements for Storage Containers of VOL 

218.121 Storage Containers of VPL 

218.122 Loading Operations 

218.123 Petroleum Liquid Storage Tanks 

218.124 External Floating Roofs 

218.125 Compliance Dates 

218.126 Compliance Plan (Repealed) 

218.127 Testing VOL Operations 

218.128 Monitoring VOL Operations 

218.129 Recordkeeping and Reporting for VOL Operations 

SUBPART C: ORGANIC EMISSIONS FROM MISCELLANEOUS EQUIPMENT

Section 

218.141 Separation Operations 

218.142 Pumps and Compressors 

218.143 Vapor Blowdown 

218.144 Safety Relief Valves 

SUBPART E: SOLVENT CLEANING

Section 

218.181 Solvent Cleaning Degreasing Operations 

218.182 Cold Cleaning 

218.183 Open Top Vapor Degreasing 

218.184 Conveyorized Degreasing 

218.185 Compliance Schedule (Repealed) 

218.186 Test Methods 

218.187 Other Industrial Solvent Cleaning Operations 

SUBPART F: COATING OPERATIONS

Section 

218.204 Emission Limitations 

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218.205 Daily-Weighted Average Limitations 

218.206 Solids Basis Calculation 

218.207 Alternative Emission Limitations 

218.208 Exemptions from Emission Limitations 

218.209 Exemption from General Rule on Use of Organic Material 

218.210 Compliance Schedule 

218.211 Recordkeeping and Reporting 

218.212 Cross-Line Averaging to Establish Compliance for Coating Lines 

218.213 Recordkeeping and Reporting for Cross-Line Averaging Participating Coating 

Lines 

218.214 Changing Compliance Methods 

218.215 Wood Furniture Coating Averaging Approach 

218.216 Wood Furniture Coating Add-On Control Use 

218.217 Wood Furniture Coating and Flat Wood Paneling Coating Work Practice 

Standards 

218.218 Work Practice Standards for Paper Coatings, Metal Furniture Coatings, and Large 

Appliance Coatings

218.219 Work Practice Standards for Automobile and Light-Duty Truck Assembly 

Coatings and Miscellaneous Metal and Plastic Parts Coatings

SUBPART G: USE OF ORGANIC MATERIAL

Section 

218.301 Use of Organic Material 

218.302 Alternative Standard 

218.303 Fuel Combustion Emission Units 

218.304 Operations with Compliance Program 

SUBPART H: PRINTING AND PUBLISHING

Section 

218.401 Flexographic and Rotogravure Printing 

218.402 Applicability 

218.403 Compliance Schedule 

218.404 Recordkeeping and Reporting 

218.405 Lithographic Printing: Applicability 

218.406 Provisions Applying to Heatset Web Offset Lithographic Printing Prior to March 

15, 1996 (Repealed) 

218.407 Emission Limitations and Control Requirements for Lithographic Printing Lines 

218.408 Compliance Schedule for Lithographic Printing On and After March 15, 1996 

(Repealed)

218.409 Testing for Lithographic Printing 

218.410 Monitoring Requirements for Lithographic Printing 

218.411 Recordkeeping and Reporting for Lithographic Printing 

218.412 Letterpress Printing Lines: Applicability

218.413 Emission Limitations and Control Requirements for Letterpress Printing Lines

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218.415 Testing for Letterpress Printing Lines

218.416 Monitoring Requirements for Letterpress Printing Lines

218.417 Recordkeeping and Reporting for Letterpress Printing Lines 

SUBPART Q: SYNTHETIC ORGANIC CHEMICAL

AND POLYMER MANUFACTURING PLANT

Section 

218.421 General Requirements 

218.422 Inspection Program Plan for Leaks 

218.423 Inspection Program for Leaks 

218.424 Repairing Leaks 

218.425 Recordkeeping for Leaks 

218.426 Report for Leaks 

218.427 Alternative Program for Leaks 

218.428 Open-Ended Valves 

218.429 Standards for Control Devices 

218.430 Compliance Date (Repealed) 

218.431 Applicability 

218.432 Control Requirements 

218.433 Performance and Testing Requirements 

218.434 Monitoring Requirements 

218.435 Recordkeeping and Reporting Requirements 

218.436 Compliance Date 

SUBPART R: PETROLEUM REFINING AND

RELATED INDUSTRIES; ASPHALT MATERIALS

Section 

218.441 Petroleum Refinery Waste Gas Disposal 

218.442 Vacuum Producing Systems 

218.443 Wastewater (Oil/Water) Separator 

218.444 Process Unit Turnarounds 

218.445 Leaks: General Requirements 

218.446 Monitoring Program Plan for Leaks 

218.447 Monitoring Program for Leaks 

218.448 Recordkeeping for Leaks 

218.449 Reporting for Leaks 

218.450 Alternative Program for Leaks 

218.451 Sealing Device Requirements 

218.452 Compliance Schedule for Leaks 

218.453 Compliance Dates (Repealed) 

SUBPART S: RUBBER AND MISCELLANEOUS PLASTIC PRODUCTS

Section 

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218.461 Manufacture of Pneumatic Rubber Tires 

218.462 Green Tire Spraying Operations 

218.463 Alternative Emission Reduction Systems 

218.464 Emission Testing 

218.465 Compliance Dates (Repealed) 

218.466 Compliance Plan (Repealed) 

SUBPART T: PHARMACEUTICAL MANUFACTURING

Section 

218.480 Applicability 

218.481 Control of Reactors, Distillation Units, Crystallizers, Centrifuges and Vacuum 

Dryers 

218.482 Control of Air Dryers, Production Equipment Exhaust Systems and Filters 

218.483 Material Storage and Transfer 

218.484 In-Process Tanks 

218.485 Leaks 

218.486 Other Emission Units 

218.487 Testing 

218.488 Monitoring for Air Pollution Control Equipment 

218.489 Recordkeeping for Air Pollution Control Equipment 

SUBPART V: BATCH OPERATIONS AND AIR OXIDATION PROCESSES

Section 

218.500 Applicability for Batch Operations 

218.501 Control Requirements for Batch Operations 

218.502 Determination of Uncontrolled Total Annual Mass Emissions and Average Flow 

Rate Values for Batch Operations 

218.503 Performance and Testing Requirements for Batch Operations 

218.504 Monitoring Requirements for Batch Operations 

218.505 Reporting and Recordkeeping for Batch Operations 

218.506 Compliance Date 

218.520 Emission Limitations for Air Oxidation Processes 

218.521 Definitions (Repealed) 

218.522 Savings Clause 

218.523 Compliance 

218.524 Determination of Applicability 

218.525 Emission Limitations for Air Oxidation Processes 

218.526 Testing and Monitoring 

218.527 Compliance Date (Repealed)

 

SUBPART W: AGRICULTURE

Section 

218.541 Pesticide Exception 

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SUBPART X: CONSTRUCTION

Section 

218.561 Architectural Coatings 

218.562 Paving Operations 

218.563 Cutback Asphalt 

SUBPART Y: GASOLINE DISTRIBUTION

Section 

218.581 Bulk Gasoline Plants 

218.582 Bulk Gasoline Terminals 

218.583 Gasoline Dispensing Operations – Storage Tank Filling Operations 

218.584 Gasoline Delivery Vessels 

218.585 Gasoline Volatility Standards (Repealed) 

218.586 Gasoline Dispensing Operations – Motor Vehicle Fueling Operations 

SUBPART Z: DRY CLEANERS

Section 

218.601 Perchloroethylene Dry Cleaners (Repealed)

218.602 Applicability (Repealed)

218.603 Leaks (Repealed)

218.604 Compliance Dates (Repealed) 

218.605 Compliance Plan (Repealed) 

218.606 Exception to Compliance Plan (Repealed) 

218.607 Standards for Petroleum Solvent Dry Cleaners 

218.608 Operating Practices for Petroleum Solvent Dry Cleaners 

218.609 Program for Inspection and Repair of Leaks 

218.610 Testing and Monitoring 

218.611 Applicability for Petroleum Solvent Dry Cleaners 

218.612 Compliance Dates (Repealed) 

218.613 Compliance Plan (Repealed) 

SUBPART AA: PAINT AND INK MANUFACTURING

Section 

218.620 Applicability 

218.621 Exemption for Waterbase Material and Heatset-Offset Ink 

218.623 Permit Conditions (Repealed) 

218.624 Open-Top Mills, Tanks, Vats or Vessels 

218.625 Grinding Mills 

218.626 Storage Tanks 

218.628 Leaks 

218.630 Clean Up 

218.636 Compliance Schedule 

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218.637 Recordkeeping and Reporting 

SUBPART BB: POLYSTYRENE PLANTS

Section 

218.640 Applicability 

218.642 Emissions Limitation at Polystyrene Plants 

218.644 Emissions Testing 

SUBPART CC: POLYESTER RESIN PRODUCT MANUFACTURING PROCESS

Section 

218.660 Applicability 

218.666 Control Requirements 

218.667 Compliance Schedule 

218.668 Testing 

218.670 Recordkeeping and Reporting for Exempt Emission Units 

218.672 Recordkeeping and Reporting for Subject Emission Units 

SUBPART DD: AEROSOL CAN FILLING

Section 

218.680 Applicability 

218.686 Control Requirements 

218.688 Testing 

218.690 Recordkeeping and Reporting for Exempt Emission Units 

218.692 Recordkeeping and Reporting for Subject Emission Units 

SUBPART FF: BAKERY OVENS (REPEALED)

Section 

218.720 Applicability (Repealed) 

218.722 Control Requirements (Repealed) 

218.726 Testing (Repealed) 

218.727 Monitoring (Repealed) 

218.728 Recordkeeping and Reporting (Repealed) 

218.729 Compliance Date (Repealed) 

218.730 Certification (Repealed) 

SUBPART GG: MARINE TERMINALS

Section 

218.760 Applicability 

218.762 Control Requirements 

218.764 Compliance Certification 

218.766 Leaks 

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218.768 Testing and Monitoring 

218.770 Recordkeeping and Reporting 

SUBPART HH: MOTOR VEHICLE REFINISHING

Section 

218.780 Emission Limitations 

218.782 Alternative Control Requirements 

218.784 Equipment Specifications 

218.786 Surface Preparation Materials 

218.787 Work Practices 

218.788 Testing 

218.789 Monitoring and Recordkeeping for Control Devices 

218.790 General Recordkeeping and Reporting (Repealed)

218.791 Compliance Date 

218.792 Registration (Repealed)

218.875 Applicability of Subpart BB (Renumbered) 

218.877 Emissions Limitation at Polystyrene Plants (Renumbered) 

218.879 Compliance Date (Repealed) 

218.881 Compliance Plan (Repealed) 

218.883 Special Requirements for Compliance Plan (Repealed) 

218.886 Emissions Testing (Renumbered) 

SUBPART II: FIBERGLASS BOAT MANUFACTURING MATERIALS

Section

218.890 Applicability

218.891 Emission Limitations and Control Requirements

218.892 Testing Requirements

218.894 Recordkeeping and Reporting Requirements 

SUBPART JJ: MISCELLANEOUS INDUSTRIAL ADHESIVES

Section

218.900 Applicability

218.901 Emission Limitations and Control Requirements

218.902 Testing Requirements

218.903 Monitoring Requirements 

218.904 Recordkeeping and Reporting Requirements 

SUBPART PP: MISCELLANEOUS FABRICATED PRODUCT

MANUFACTURING PROCESSES

Section 

218.920 Applicability 

218.923 Permit Conditions (Repealed) 

218.926 Control Requirements 

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218.927 Compliance Schedule 

218.928 Testing 

218.929 Cementable and Dress or Performance Shoe Leather

SUBPART QQ: MISCELLANEOUS FORMULATION 

MANUFACTURING PROCESSES

Section 

218.940 Applicability 

218.943 Permit Conditions (Repealed) 

218.946 Control Requirements 

218.947 Compliance Schedule 

218.948 Testing 

SUBPART RR: MISCELLANEOUS ORGANIC CHEMICAL

MANUFACTURING PROCESSES

Section 

218.960 Applicability 

218.963 Permit Conditions (Repealed) 

218.966 Control Requirements 

218.967 Compliance Schedule 

218.968 Testing 

SUBPART TT: OTHER EMISSION UNITS

Section 

218.980 Applicability 

218.983 Permit Conditions (Repealed) 

218.986 Control Requirements 

218.987 Compliance Schedule 

218.988 Testing 

SUBPART UU: RECORDKEEPING AND REPORTING

Section 

218.990 Exempt Emission Units 

218.991 Subject Emission Units 

218.APPENDIX A List of Chemicals Defining Synthetic Organic Chemical and Polymer 

Manufacturing 

218.APPENDIX B VOM Measurement Techniques for Capture Efficiency (Repealed) 

218.APPENDIX C Reference Methods and Procedures 

218.APPENDIX D Coefficients for the Total Resource Effectiveness Index (TRE) Equation 

218.APPENDIX E List of Affected Marine Terminals 

218.APPENDIX G TRE Index Measurements for SOCMI Reactors and Distillation Units 

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218.APPENDIX H Baseline VOM Content Limitations for Subpart F, Section 218.212 

Cross-Line Averaging 

AUTHORITY: Implementing Section 10 and authorized by Sections 27, 28, and 28.5 of the 

Environmental Protection Act [415 ILCS 5/10, 27, 28, and 28.5]. 

SOURCE: Adopted at R91-7 at 15 Ill. Reg. 12231, effective August 16, 1991; amended in R91-

24 at 16 Ill. Reg. 13564, effective August 24, 1992; amended in R91-28 and R91-30 at 16 Ill. 

Reg. 13864, effective August 24, 1992; amended in R93-9 at 17 Ill. Reg. 16636, effective 

September 27, 1993; amended in R93-14 at 18 Ill. Reg. 1945, effective January 24, 1994; 

amended in R94-12 at 18 Ill. Reg. 14973, effective September 21, 1994; amended in R94-15 at 

18 Ill. Reg. 16392, effective October 25, 1994; amended in R94-16 at 18 Ill. Reg. 16950, 

effective November 15, 1994; amended in R94-21, R94-31 and R94-32 at 19 Ill. Reg. 6848, 

effective May 9, 1995; amended in R94-33 at 19 Ill. Reg. 7359, effective May 22, 1995; 

amended in R96-13 at 20 Ill. Reg. 14428, effective October 17, 1996; amended in R97-24 at 21 

Ill. Reg. 7708, effective June 9, 1997; amended in R97-31 at 22 Ill. Reg. 3556, effective 

February 2, 1998; amended in R98-16 at 22 Ill. Reg. 14282, effective July 16, 1998; amended in 

R02-20 at 27 Ill. Reg. 7283, effective April 8, 2003; amended in R04-12/20 at 30 Ill. Reg. 9684, 

effective May 15, 2006; amended in R06-21 at 31 Ill. Reg. 7086, effective April 30, 2007; 

amended in R08-8 at 32 Ill. Reg. 14874, effective August 26, 2008; amended in R10-10 at 34 Ill. 

Reg. 5330, effective March 23, 2010; amended in R10-8 at 34 Ill. Reg. 9096, effective June 25, 

2010; amended in R10-20 at 34 Ill. Reg. 14174, effective September 14, 2010; amended in R10-

8(A) at 35 Ill. Reg. 469, effective December 21, 2010; amended in R11-23 at 35 Ill. Reg. 13473, 

effective July 27, 2011; amended in R11-23(A) at 35 Ill. Reg. 18813, effective October 25, 2011; 

amended in R12-24 at 37 Ill. Reg. 1699, effective January 28, 2013; amended in R13-18 at 38 Ill. 

Reg.___________, effective _______________. 

SUBPART A: GENERAL PROVISIONS

Section 218.112 Incorporations by Reference 

The following materials are incorporated by reference and do not contain any subsequent 

additions or amendments. 

a) American Society for Testing and Materials, 100 Barr Harbor Drive, West 

Conshohocken PA 19428-9555: 

1) ASTM D 2879-86 

2) ASTM D 323-08 

3) ASTM D 86-82 

4) ASTM D 369-69 (1971) 

5) ASTM D 396-69 

Illinois Ozone SIP Revision - Vehicle Refuleing Vapor Recovery Program: Attachments Page - 1195
6) ASTM D 2880-71 

7) ASTM D 975-68 

8) ASTM D 3925-81 (1985) 

9) ASTM E 300-86 

10) ASTM D 1475-85 

11) ASTM D 2369-87 

12) ASTM D 3792-86 

13) ASTM D 4017-81 (1987) 

14) ASTM D 4457-85 

15) ASTM D 2697-86 

16) ASTM D 3980-87 

17) ASTM E 180-85 

18) ASTM D 2372-85 

19) ASTM D 97-66 

20) ASTM E 168-67 (1977) 

21) ASTM E 169-87 

22) ASTM E 260-91 

23) ASTM D 2504-83 

24) ASTM D 2382-83 

25) ASTM D 2099-00 

b) Standard Industrial Classification Manual, published by Executive Office of the 

President, Office of Management and Budget, Washington, D.C., 1987. 

c) American Petroleum Institute Bulletin 2517, "Evaporation Loss From Floating 

Roof Tanks", Second ed., February 1980. 

Illinois Ozone SIP Revision - Vehicle Refuleing Vapor Recovery Program: Attachments Page - 1196
d) 40 CFR 60 (July 1, 1991) and 40 CFR 60, appendixAppendix A, Method 24 (57 

FR 30654, July 10, 1992). 

e) 40 CFR 61 (July 1, 1991). 

f) 40 CFR 50 (July 1, 1991). 

g) 40 CFR 51 (July 1, 1991) and 40 CFR 51, appendix M, Methods 204-204F (July 1, 

1999). 

h) 40 CFR 52 (July 1, 1991). 

i) "A Guide for Surface Coating Calculation", July 1986, United States 

Environmental Protection Agency, Washington, D.C., EPA-340/1-86-016. 

j) "Procedures for Certifying Quantity of Volatile Organic Compounds Emitted by 

Paint, Ink and Other Coating" (revised June 1986), United States Environmental 

Protection Agency, Washington, D.C., EPA-450/3-84-019. 

k) "A Guide for Graphic Arts Calculations", August 1988, United States 

Environmental Protection Agency, Washington, D.C., EPA-340/1-88-003. 

l) "Protocol for Determining the Daily Volatile Organic Compound Emission Rate of 

Automobile and Light-Duty Truck Topcoat Operations", December 1988, United 

States Environmental Protection Agency, Washington, D.C., EPA-450/3-88-018. 

m) "Control of Volatile Organic Emissions from Manufacturing of Synthesized 

Pharmaceutical Products", December 1978, United States Environmental 

Protection Agency, Washington, D.C., EPA-450/2-78-029. 

n) "Control of Volatile Organic Compound Leaks from Gasoline Tank Trucks and 

Vapor Collection Systems", December 1978, Appendix B, United States 

Environmental Protection Agency, Washington, D.C., EPA-450/2-78-051. 

o) "Control of Volatile Organic Compound Emissions from Large Petroleum Dry 

Cleaners", September 1982, United States Environmental Protection Agency, 

Washington, D.C., EPA-450/3-82-009. 

p) "APTI Course SI417 Controlling Volatile Organic Compound Emissions from 

Leaking Process Equipment", 1982, United States Environmental Protection 

Agency, Washington, D.C., EPA-450/2-82-015. 

q) "Portable Instrument User's Manual for Monitoring VOC Sources", June 1986, 

United States Environmental Protection Agency, Washington, D.C., EPA-340/1-

86-015. 

Illinois Ozone SIP Revision - Vehicle Refuleing Vapor Recovery Program: Attachments Page - 1197
r) "Protocols for Generating Unit-Specific Emission Estimates for Equipment Leaks 

of VOC and VHAP", October 1988, United States Environmental Protection 

Agency, Washington, D.C., EPA-450/3-88-010. 

s) "Petroleum Refinery Enforcement Manual", March 1980, United States 

Environmental Protection Agency, Washington, D.C., EPA-340/1-80-008. 

t) "Inspection Manual for Control of Volatile Organic Emissions from Gasoline 

Marketing Operations: Appendix D", 1980, United States Environmental 

Protection Agency, Washington, D.C., EPA-340/1-80-012. 

u) "Control of Hydrocarbons from Tank Truck Gasoline Loading Terminals: 

Appendix A", December 1977, United States Environmental Protection Agency, 

Washington, D.C., EPA-450/2-77-026. 

v) "Technical Guidance – Stage II Vapor Recovery Systems for Control of Vehicle 

Refueling Emissions at Gasoline Dispensing Facilities", November 1991, United 

States Environmental Protection Agency, Washington, D.C., EPA-450/3-91-022b. 

w) California Air Resources Board, Compliance Division. Compliance Assistance 

Program: Gasoline Marketing and Distribution: Gasoline Facilities Phase I & II 

(October 1988, rev. November 1993) (CARB Manual). 

x) South Coast Air Quality Management District (SCAQMD), Applied Science & 

Technology Division, Laboratory Services Branch, SCAQMD Method 309-91, 

Determination of Static Volatile Emissions (February 1993). 

y) South Coast Air Quality Management District (SCAQMD), Applied Science & 

Technology Division, Laboratory Services Branch, SCAQMD Method 312-91, 

Determination of Percent Monomer in Polyester Resins (April 1996). 

z) "Guidelines for Determining Capture Efficiency", January 1995, Office of Air 

Quality Planning and Standards, United States Environmental Protection Agency, 

Research Triangle Park NC.

aa) Memorandum "Revised Capture Efficiency Guidance for Control of Volatile 

Organic Compound Emissions", February 1995, John S. Seitz, Director, Office of 

Air Quality Planning and Standards, United States Environmental Protection 

Agency. 

bb) "Protocol for Determining the Daily Volatile Organic Compound Emission Rate 

of Automobile and Light-Duty Truck Primer-Surfacer and Topcoat Operations", 

September 2008, United States Environmental Protection Agency, Washington, 

D.C., EPA-453/R-08-002. 

Illinois Ozone SIP Revision - Vehicle Refuleing Vapor Recovery Program: Attachments Page - 1198
cc) 40 CFR 63, subpart PPPP, appendix A (2008). 

dd) 46 CFR subchapter Q (2007). 

ee) 46 CFR subchapter T (2008). 

ff) Petroleum Equipment Institute, "Recommended Practices for Installation and 

Testing of Vapor-Recovery Systems at Vehicle-Fueling Sites", PEI/RP300-09 

(2009). 

(Source: Amended at 38 Ill. Reg. __________, effective ______________) 

SUBPART Y: GASOLINE DISTRIBUTION

Section 218.583 Gasoline Dispensing Operations – Storage Tank Filling Operations

a) Subject to subsection (b) below, no person shall cause or allow the transfer of 

gasoline from any delivery vessel into any stationary storage tank at a gasoline 

dispensing operation unless: 

1) The tank is equipped with a submerged loading pipe; and 

2) The vapors displaced from the storage tank during filling are processed by 

a vapor control system that includes one or more of the following: 

A) A vapor collection system that meets the requirements of 

subsection (d)(4) below; or

B) A refrigeration-condensation system or any other system approved 

by the Agency and approved by the USEPA as a SIP revision, that 

recovers at least 90 percent by weight of all vaporized organic 

material from the equipment being controlled; and

C) The delivery vessel displays the appropriate sticker pursuant to the 

requirements of Section 218.584(b) or (d) of this Part; and 

3) By March 15, 1995, all tank vent pipes are equipped with 

pressure/vacuum relief valves with the following design specifications: 

A) The pressure/vacuum relief valve shall be set to resist a pressure of 

at least 3.5 inches water column and to resist a vacuum of no less 

than 6.0 inches water column; or 

B) The pressure/vacuum relief valve shall meet the requirements of 

Section 218.586(c) of this Part; and 

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4) The owner or operator of a gasoline dispensing operation demonstrates 

compliance with subsection (a)(3) of this Section, by March 15, 1995 or 

30 days after installation of each pressure/vacuum relief valve, whichever 

is later, and at least annually thereafter, by measuring and recording the 

pressure indicated by a pressure/vacuum gauge at each tank vent pipe. 

The test shall be performed on each tank vent pipe within two hours after 

product delivery into the respective storage tank. For manifold tank vent 

systems, observations at any point within the system shall be adequate. 

The owner or operator shall maintain any records required by this 

subsection for a period of three years. 

b) The requirements of subsections (a)(2) and (a)(3) above shall not apply to 

transfers of gasoline to a stationary storage tank at a gasoline dispensing operation 

if:

1) The tank is equipped with a floating roof, or other system of equal or 

better emission control approved by the Agency and approved by the 

USEPA as a SIP revision;

2) The tank has a capacity of less than 2000 gallons and was in place and 

operating before January 1, 1979; or 

3) The tank has a capacity of less than 575 gallons. 

c) Subject to subsection (b) above, each owner of a gasoline dispensing operation 

shall:

1) Install all control systems and make all process modifications required by 

subsection (a) above; 

2) Provide instructions to the operator of the gasoline dispensing operation 

describing necessary maintenance operations and procedures for prompt 

notification of the owner in case of any malfunction of a vapor control 

system; and

3) Repair, replace or modify any worn out or malfunctioning component or 

element of design.

d) Subject to subsection (b) above, each operator of a gasoline dispensing operation 

shall:

1) Maintain and operate each vapor control system in accordance with the 

owner's instructions; 

Illinois Ozone SIP Revision - Vehicle Refuleing Vapor Recovery Program: Attachments Page - 1200
2) Promptly notify the owner of any scheduled maintenance or malfunction 

requiring replacement or repair of a major component of a vapor control 

system;

3) Maintain gauges, meters or other specified testing devices in proper 

working order; 

4) Operate the vapor collection system and delivery vessel unloading points 

in a manner that prevents: 

A) A reading equal to or greater than 100 percent of the lower 

explosive limit (LEL measured as propane) when tested in 

accordance with the procedure described in EPA 450/2-78-051 

appendixAppendix B incorporated by reference in Section 218.112 

of this Part-; and

B) Avoidable leaks of liquid during the filling of storage tanks; and 

5) Within 15 business days after discovery of the leak by the owner, operator, 

or the Agency, repair and retest a vapor collection system which exceeds 

the limits of subsection (d)(4)(A) above. 

e) Any retail gasoline dispensing operation subject to subsection (a) above, unless 

subject to Section 218.586 of this Part, shall be exempt from the permit 

requirements specified under 35 Ill. Adm. Code 201.142, 201.143, and 201.144 

provided that: 

1) The owner or operator of the gasoline dispensing operation submits to the 

Agency a registration which provides, at a minimum, the operation name 

and address, signature of the owner or operator, the location (including 

contact person's name, address and telephone number) of records and 

reports required by this Section, the number of underground tanks, the 

number of tank pipe vents, and the date of completion of installation of the 

vapor control system and pressure/vacuum relief valve. 

2) The registration is submitted to the Agency by March 15, 1995 or 30 days 

after installation of a vapor control system or pressure/vacuum relief 

valve, whichever is later.

3) The registration certification is displayed at the gasoline dispensing 

operation. 

4) Upon modification of an existing vapor control system or 

pressure/vacuum relief valve, the owner or operator of the gasoline 

dispensing operation submits to the Agency a registration that details the 

changes to the information provided in the previous registration and which 

Illinois Ozone SIP Revision - Vehicle Refuleing Vapor Recovery Program: Attachments Page - 1201
includes the signature of the owner or operator. The registration must be 

submitted to the Agency within 30 days after completion of such 

modification.

(Source: Amended at 38 Ill. Reg. _____________, effective ____________) 

Section 218.586 Gasoline Dispensing Operations - Motor Vehicle Fueling Operations

a) Definitions. For the purposes of this Section, the following definitions apply. 

1) Average monthly volume means the amount of motor vehicle fuel 

dispensed per month from a gasoline dispensing operation based upon a 

monthly average for the 2-year period of November, 1990 through 

October, 1992 or, if not available, the monthly average for the most recent 

twelve calendar months. Monthly averages are to include only those 

months when the operation was operating. 

2) Certified means any vapor collection and control system which has been 

tested and approved by CARB as having a vapor recovery and removal 

efficiency of at least 95% (by weight) shall constitute a certified vapor 

collection and control system. CARB testing and approval is pursuant to 

the CARB manual, incorporated by reference at Section 218.112 of this 

Part. 

3) Completion of installation means the successful passing of one or more of 

the following tests applicable to the installed vapor collection and control 

system: Dynamic Backpressure Test, Pressure Decay/Leak Test, and 

Liquid Blockage Test, incorporated by reference at Section 218.112 of this 

Part.

4) Constructed means fabricated, erected or installed; refers to any facility, 

emission source or air pollution control equipment. 

45) CARB means California Air Resources Board, P.O. Box 2815, 

Sacramento, CA 95812. 

56) Employee means any person who performs work for an employer. 

67) Operation means any building, structure, installation, operation or 

combination thereof located on contiguous properties and under common 

ownership that provides for the dispensing of motor vehicle fuel. 

78) Gasoline dispensing operation means any operation where motor vehicle 

fuel is dispensed into motor vehicle fuel tanks or portable containers from 

a storage tank with a capacity of 2176 liters (575 gallons) or more. 

Illinois Ozone SIP Revision - Vehicle Refuleing Vapor Recovery Program: Attachments Page - 1202
89) Modification means any change, removal or addition, other than an 

identical replacement, of any component contained within the vapor 

collection and control system. 

910) Motor vehicle means any self-propelled vehicle powered by an internal 

combustion engine including, but not limited to, automobiles and trucks. 

Specifically excluded from this definition are watercraft and aircraft.

1011) Motor vehicle fuel means any petroleum distillate having a Reid vapor 

pressure of more than 27.6 kilopascals (kPa) (four pounds per square inch) 

and which is used to power motor vehicles. 

1112) Owner or operator means any person who owns, leases, operates, 

manages, supervises or controls (directly or indirectly) a gasoline 

dispensing operation. 

1213) Reid vapor pressure for gasoline shall be measured in accordance with 

either the method ASTM D323-08 or a modification of ASTM D323 

known as the "dry method" as set forth in 40 CFR 80, Appendix E, 

incorporated by references in 35 Ill. Adm. Code Section 218.112 of this 

Part.

1314) Vapor collection and control system means any system certified by CARB 

which limits the discharge to the atmosphere of motor vehicle fuel vapors 

displaced during the dispensing of motor vehicle fuel into motor vehicle 

fuel tanks.

b) Applicability. The provisions of subsection (c) below shall apply to any gasoline 

dispensing operation which dispenses an average monthly volume of more than 

10,000 gallons of motor vehicle fuel per month. Compliance shall be required 

and demonstrated in accordance with the schedule provided in subsection (d) 

below. 

c) Vapor Collection and Control Systems. No owner or operator of a gasoline 

dispensing operation subject to the requirements of subsection (b) above shall 

cause or allow the dispensing of motor vehicle fuel at any time from a motor fuel 

dispenser unless the dispenser is equipped with and utilizes a vapor collection and 

control system which is properly installed and operated as provided belowin this 

subsection (c): 

1) Any vapor collection and control system installed, used or maintained has 

been CARB certified.

2) Any vapor collection and control system utilized is maintained in 

accordance with the manufacturer's specifications and the certification.

Illinois Ozone SIP Revision - Vehicle Refuleing Vapor Recovery Program: Attachments Page - 1203
3) No elements or components of a vapor collection and control system are 

modified, removed, replaced or otherwise rendered inoperative in a 

manner which prevents the system from performing in accordance with its 

certification and design specifications.

4) A vapor collection and control system has no defective, malfunctioning or 

missing components. 

5) Operators and employees of the gasoline dispensing operation are trained 

and instructed in the proper operation and maintenance of a vapor 

collection and control system. 

6) Instructions are posted in a conspicuous and visible place within the motor 

fuel dispensing area and describe the proper method of dispensing motor 

vehicle fuel with the use of the vapor collection and control system. 

d) Compliance. In conjunction with the compliance provisions of Section 218.105 

of this Part, gasoline dispensing operations subject to the requirements of 

subsection (c) above shall comply and demonstrate compliance according to the 

following: 

1) Gasoline dispensing operations that operate at any time prior to January 1, 

2014 shall comply with subsection (c) until decommissioning is allowed 

and commenced in accordance with subsections (i)(l) and (i)(2)(B). 

2) The provisions of subsection (c) shall not apply to any new gasoline 

dispensing operation that commences operating for the first time on or 

after January 1, 2014. 

1) Operations that commenced construction after November 1, 1990, must 

comply by May 1, 1993. 

2) Operations that commenced construction before November 1, 1990, and 

dispense an average monthly volume of more than 100,000 gallons of 

motor fuel per month must comply by November 1, 1993. 

3) Operations that commenced construction before November 1, 1990, and 

dispense an average monthly volume of less than 100,000 gallons of motor 

fuel per month must comply by November 1, 1994. 

4) New operations constructed after the adoption of this Section shall comply 

with the requirements of subsection (c) above upon startup of the 

operation. 

5) Existing operations previously exempted from but which become subject 

to the requirements of subsection (c) above after May 1, 1993 shall 

Illinois Ozone SIP Revision - Vehicle Refuleing Vapor Recovery Program: Attachments Page - 1204
comply with the requirements of subsection (c) above within six calendar 

months of the date from which the operation becomes subject. 

e) Except as provided in subsection (d), anyAny gasoline dispensing operation that 

becomes subject to the provisions of subsection (c) above at any time shall remain 

subject to the provisions of subsection (c) above at all times.

f) Upon request by the Agency, the owner or operator of a gasoline dispensing 

operation which claims to be exempt from the requirements of subsection (c) this 

Section shall submit records to the Agency within 30 calendar days from the date 

of the request which demonstrate that the gasoline dispensing operation is in fact 

exempt.

g) Recordkeeping and Reportingreporting: 

1) Any gasoline dispensing operation subject to subsection (c) above shall 

retain at the operation copies of the registration information required at 

subsection (h) below. 

2) Except as provided in subsection (g)(4), recordsRecords and reports 

required pursuant to this subsection (g) shall be made available to the 

Agency upon request. 

3) Records and reports, which shall be maintained by the owner or operator 

of a the gasoline dispensing operation subject to subsection (c), shall 

clearly demonstrate:

A) That a certified vapor collection and control system has been 

installed and tested to verify its performance according to its 

specifications.

B) That proper maintenance has been conducted in accordance with 

the manufacturer's specifications and requirements.

C) The time period and duration of all malfunctions of the vapor 

collection and control system. 

D) The motor vehicle fuel throughput of the operation for each 

calendar month of the previous year.

E) That operators and employees are trained and instructed in the 

proper operation and maintenance of the vapor collection and 

control system and informed as to the potential penalties associated 

with the violation of any provision of this Section.

Illinois Ozone SIP Revision - Vehicle Refuleing Vapor Recovery Program: Attachments Page - 1205
4) Any and all records relating to decommissioning shall be maintained by 

the owner or operator of a gasoline dispensing operation for a period of 5 

years after completion of decommissioning in accordance with subsection 

(i). For purposes of this subsection (g)(4), “records” include, but are not 

limited to, any documents, papers, reports, test results, logs, invoices, 

forms, certifications and receipts that relate to decommissioning. Records 

relating to decommissioning shall be made available to the Agency or its 

designee within 30 minutes after the Agency’s, or its designee’s, request. 

h) Any gasoline dispensing operation subject to subsection (c) above shall comply 

with the following registration requirementsbe exempt from the permit 

requirements specified under 35 Ill. Adm. Code 201.142, 201.143 and 201.144 

for its vapor collection and control systems, provided that: 

1) Upon the installation of a vapor collection and control system, the owner 

or operator of the gasoline dispensing operation shall submitsubmits to the 

Agency a registration which provides at minimum the operation name and 

address, signature of the owner or operator, the CARB Executive Order 

Number for the vapor collection and control system to be utilized, the 

number of nozzles (excluding diesel or kerosene) used for motor vehicle 

refueling, the monthly average volume of motor vehicle fuel dispensed, 

the location (including contact person's name, address, and telephone 

number) of records and reports required by this Section, and the date of 

completion of installation of the vapor collection and control system. 

2) The registration shall beis submitted to the Agency within 30 days afterof 

completion of thesuch installation.

3) A copy of the registration information shall beis maintained at the gasoline 

dispensing operation. 

4) Upon the modification of an existing vapor collection and control system, 

the owner or operator of the gasoline dispensing operation shall 

submitsubmits to the Agency a registration that details the changes to the 

information provided in the previous registration of the vapor collection 

and control system and which includes the signature of the owner or 

operator. The registration must be submitted to the Agency within 30 

days afterof completion of thesuch modification.

i) Decommissioning. The owner or operator of a gasoline dispensing operation 

subject at any time to subsection (c) shall decommission vapor collection and 

control systems in accordance with the provisions of this subsection (i). 

 1) Compliance 

Illinois Ozone SIP Revision - Vehicle Refuleing Vapor Recovery Program: Attachments Page - 1206
A) Beginning January 1, 2014, an owner or operator of a gasoline 

dispensing operation may commence decommissioning of vapor 

collection and control systems. The decommissioning of vapor 

collection and control systems must be conducted in accordance 

with all of the provisions specified in subsection (i)(2). 

B) No later than December 31, 2016, an owner or operator of a 

gasoline dispensing operation shall complete the decommissioning 

of all vapor collection and control systems in accordance with all 

of the provisions specified in subsection (i)(2). 

2) Decommissioning Procedures and Standards. The decommissioning of 

vapor collection and control systems shall be conducted as follows: 

A) The owner or operator of a gasoline dispensing operation shall 

complete and submit a notice of intent form, provided by the 

Agency, notifying the Agency of its intent to decommission. The 

completed notice of intent form shall be submitted to the Agency 

at least 10 days prior to commencing decommissioning in 

accordance with subsection (i)(2)(B); 

B) The owner or operator of a gasoline dispensing operation shall 

decommission vapor collection and control systems in accordance 

with all of the procedures specified in Section 14.6, except Section 

14.6.14, of the Petroleum Equipment Institute’s “Recommended 

Practices for Installation and Testing of Vapor-Recovery Systems 

at Vehicle-Fueling Sites”, PEI/RP 300-09 (PEI), incorporated by 

reference at Section 218.112 of this Part. In addition to Section 

14.6 of the PEI, the following requirements apply to 

decommissioning: 

i) All decommissioning procedures, except testing, shall be 

performed only by a contractor who is both registered with 

the Illinois Department of Agriculture, Bureau of Weights 

and Measures, in the 3-A Gasoline Pump Meters Code 

pursuant to Section 8.1 of the Weights and Measures Act 

[225 ILCS 470/8.1] and licensed by the Office of the State 

Fire Marshal (OSFM) in the installation/retrofitting 

licensure module pursuant to the Petroleum Equipment 

Contractors Licensing Act [225 ILCS 729] and 

implementing regulations at 41 Ill. Adm. Code 172. Any 

such contractor shall also have the appropriate dispensermanufacturer certification and training, if any. In the event 

that product piping must be broken or an OSFM permit is 

otherwise required for any component of the work, the 

contractor shall ensure that the OSFM-permitted work is 

Illinois Ozone SIP Revision - Vehicle Refuleing Vapor Recovery Program: Attachments Page - 1207
performed by the appropriate OSFM-licensed contractor 

and personnel; 

ii) Decommissioning procedures related to testing shall be 

performed only by a contractor who is licensed by OSFM 

in the tank tightness testing licensure module pursuant to 

the Petroleum Equipment Contractors Licensing Act and 

implementing regulations at 41 Ill. Adm. Code 172; and 

iii) The pressure decay test required by the PEI shall be passed 

in accordance with Appendix A of the PEI. The tie-tank 

test required by the PEI shall be conducted and passed in 

accordance with CARB TP201.3C to ensure that all tanks 

are properly vented; and

C) The owner or operator of a gasoline dispensing operation and the 

contractors that performed the decommissioning shall complete 

and sign a decommissioning checklist and certification, provided 

by the Agency, documenting the decommissioning procedures 

performed. Within 30 days after completion of the 

decommissioning procedures specified by subsection (i)(2)(B), the 

owner or operator shall provide the completed checklist and 

certification and the test results to the Agency.

(Source: Amended at 38 Ill. Reg. ________, effective __________) 

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE B: AIR POLLUTION

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER c: EMISSIONS STANDARDS AND

LIMITATIONS FOR STATIONARY SOURCES

PART 219 

ORGANIC MATERIAL EMISSION STANDARDS AND LIMITATIONS 

FOR THE METRO EAST AREA

SUBPART A: GENERAL PROVISIONS

Section

219.100 Introduction 

219.101 Savings Clause 

219.102 Abbreviations and Conversion Factors 

219.103 Applicability 

219.104 Definitions 

219.105 Test Methods and Procedures 

219.106 Compliance Dates 

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219.107 Operation of Afterburners 

219.108 Exemptions, Variations, and Alternative Means of Control or Compliance 

Determinations 

219.109 Vapor Pressure of Volatile Organic Liquids 

219.110 Vapor Pressure of Organic Material or Solvent 

219.111 Vapor Pressure of Volatile Organic Material 

219.112 Incorporations by Reference 

219.113 Monitoring for Negligibly-Reactive Compounds 

SUBPART B: ORGANIC EMISSIONS FROM STORAGE AND LOADING OPERATIONS 

Section 

219.119 Applicability for VOL 

219.120 Control Requirements for Storage Containers of VOL 

219.121 Storage Containers of VPL 

219.122 Loading Operations 

219.123 Petroleum Liquid Storage Tanks 

219.124 External Floating Roofs 

219.125 Compliance Dates 

219.126 Compliance Plan (Repealed) 

219.127 Testing VOL Operations 

219.128 Monitoring VOL Operations 

219.129 Recordkeeping and Reporting for VOL Operations 

SUBPART C: ORGANIC EMISSIONS FROM MISCELLANEOUS EQUIPMENT 

Section 

219.141 Separation Operations 

219.142 Pumps and Compressors 

219.143 Vapor Blowdown 

219.144 Safety Relief Valves 

SUBPART E: SOLVENT CLEANING

Section 

219.181 Solvent Cleaning Degreasing Operations 

219.182 Cold Cleaning 

219.183 Open Top Vapor Degreasing 

219.184 Conveyorized Degreasing 

219.185 Compliance Schedule (Repealed) 

219.186 Test Methods 

219.187 Other Industrial Solvent Cleaning Operations 

SUBPART F: COATING OPERATIONS

Section 

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219.204 Emission Limitations 

219.205 Daily-Weighted Average Limitations 

219.206 Solids Basis Calculation 

219.207 Alternative Emission Limitations 

219.208 Exemptions From Emission Limitations 

219.209 Exemption From General Rule on Use of Organic Material 

219.210 Compliance Schedule 

219.211 Recordkeeping and Reporting 

219.212 Cross-Line Averaging to Establish Compliance for Coating Lines 

219.213 Recordkeeping and Reporting for Cross-Line Averaging Participating Coating 

Lines 

219.214 Changing Compliance Methods 

219.215 Wood Furniture Coating Averaging Approach 

219.216 Wood Furniture Coating Add-On Control Use 

219.217 Wood Furniture Coating and Flat Wood Paneling Coating Work Practice 

Standards 

219.218 Work Practice Standards for Paper Coatings, Metal Furniture Coatings, and Large 

Appliance Coatings

219.219 Work Practice Standards for Automobile and Light-Duty Truck Assembly 

Coatings and Miscellaneous Metal and Plastic Parts Coatings

SUBPART G: USE OF ORGANIC MATERIAL

Section 

219.301 Use of Organic Material 

219.302 Alternative Standard 

219.303 Fuel Combustion Emission Units 

219.304 Operations with Compliance Program 

SUBPART H: PRINTING AND PUBLISHING

Section 

219.401 Flexographic and Rotogravure Printing 

219.402 Applicability 

219.403 Compliance Schedule 

219.404 Recordkeeping and Reporting 

219.405 Lithographic Printing: Applicability 

219.406 Provisions Applying to Heatset Web Offset Lithographic Printing Prior to March 

15, 1996 (Repealed)

219.407 Emission Limitations and Control Requirements for Lithographic Printing Lines 

219.408 Compliance Schedule for Lithographic Printing On and After March 15, 1996 

(Repealed)

219.409 Testing for Lithographic Printing 

219.410 Monitoring Requirements for Lithographic Printing 

219.411 Recordkeeping and Reporting for Lithographic Printing 

219.412 Letterpress Printing Lines: Applicability

Illinois Ozone SIP Revision - Vehicle Refuleing Vapor Recovery Program: Attachments Page - 1210
219.413 Emission Limitations and Control Requirements for Letterpress Printing Lines

219.415 Testing for Letterpress Printing Lines

219.416 Monitoring Requirements for Letterpress Printing Lines

219.417 Recordkeeping and Reporting for Letterpress Printing Lines 

SUBPART Q: SYNTHETIC ORGANIC CHEMICAL AND 

POLYMER MANUFACTURING PLANT

Section 

219.421 General Requirements 

219.422 Inspection Program Plan for Leaks 

219.423 Inspection Program for Leaks 

219.424 Repairing Leaks 

219.425 Recordkeeping for Leaks 

219.426 Report for Leaks 

219.427 Alternative Program for Leaks 

219.428 Open-Ended Valves 

219.429 Standards for Control Devices 

219.430 Compliance Date (Repealed) 

219.431 Applicability 

219.432 Control Requirements 

219.433 Performance and Testing Requirements 

219.434 Monitoring Requirements 

219.435 Recordkeeping and Reporting Requirements 

219.436 Compliance Date 

SUBPART R: PETROLEUM REFINING AND 

RELATED INDUSTRIES; ASPHALT MATERIALS

Section 

219.441 Petroleum Refinery Waste Gas Disposal 

219.442 Vacuum Producing Systems 

219.443 Wastewater (Oil/Water) Separator 

219.444 Process Unit Turnarounds 

219.445 Leaks: General Requirements 

219.446 Monitoring Program Plan for Leaks 

219.447 Monitoring Program for Leaks 

219.448 Recordkeeping for Leaks 

219.449 Reporting for Leaks 

219.450 Alternative Program for Leaks 

219.451 Sealing Device Requirements 

219.452 Compliance Schedule for Leaks 

219.453 Compliance Dates (Repealed) 

SUBPART S: RUBBER AND MISCELLANEOUS PLASTIC PRODUCTS

Illinois Ozone SIP Revision - Vehicle Refuleing Vapor Recovery Program: Attachments Page - 1211
Section 

219.461 Manufacture of Pneumatic Rubber Tires 

219.462 Green Tire Spraying Operations 

219.463 Alternative Emission Reduction Systems 

219.464 Emission Testing 

219.465 Compliance Dates (Repealed) 

219.466 Compliance Plan (Repealed) 

SUBPART T: PHARMACEUTICAL MANUFACTURING

Section 

219.480 Applicability 

219.481 Control of Reactors, Distillation Units, Crystallizers, Centrifuges and Vacuum 

Dryers 

219.482 Control of Air Dryers, Production Equipment Exhaust Systems and Filters 

219.483 Material Storage and Transfer 

219.484 In-Process Tanks 

219.485 Leaks 

219.486 Other Emission Units 

219.487 Testing 

219.488 Monitoring for Air Pollution Control Equipment 

219.489 Recordkeeping for Air Pollution Control Equipment 

SUBPART V: BATCH OPERATIONS AND AIR OXIDATION PROCESSES

Section 

219.500 Applicability for Batch Operations 

219.501 Control Requirements for Batch Operations 

219.502 Determination of Uncontrolled Total Annual Mass Emissions and Actual 

Weighted Average Flow Rate Values for Batch Operations 

219.503 Performance and Testing Requirements for Batch Operations 

219.504 Monitoring Requirements for Batch Operations 

219.505 Reporting and Recordkeeping for Batch Operations 

219.506 Compliance Date 

219.520 Emission Limitations for Air Oxidation Processes 

219.521 Definitions (Repealed) 

219.522 Savings Clause 

219.523 Compliance 

219.524 Determination of Applicability 

219.525 Emission Limitations for Air Oxidation Processes (Renumbered) 

219.526 Testing and Monitoring 

219.527 Compliance Date (Repealed) 

SUBPART W: AGRICULTURE

Section 

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219.541 Pesticide Exception 

SUBPART X: CONSTRUCTION

Section 

219.561 Architectural Coatings 

219.562 Paving Operations 

219.563 Cutback Asphalt 

SUBPART Y: GASOLINE DISTRIBUTION

Section 

219.581 Bulk Gasoline Plants 

219.582 Bulk Gasoline Terminals 

219.583 Gasoline Dispensing Operations – Storage Tank Filling Operations 

219.584 Gasoline Delivery Vessels 

219.585 Gasoline Volatility Standards (Repealed)

219.586 Gasoline Dispensing Operations – Motor Vehicle Fueling Operations (Repealed) 

SUBPART Z: DRY CLEANERS

Section 

219.601 Perchloroethylene Dry Cleaners (Repealed)

219.602 Exemptions (Repealed)

219.603 Leaks (Repealed)

219.604 Compliance Dates (Repealed) 

219.605 Compliance Plan (Repealed) 

219.606 Exception to Compliance Plan (Repealed) 

219.607 Standards for Petroleum Solvent Dry Cleaners 

219.608 Operating Practices for Petroleum Solvent Dry Cleaners 

219.609 Program for Inspection and Repair of Leaks 

219.610 Testing and Monitoring 

219.611 Exemption for Petroleum Solvent Dry Cleaners 

219.612 Compliance Dates (Repealed) 

219.613 Compliance Plan (Repealed) 

SUBPART AA: PAINT AND INK MANUFACTURING

Section 

219.620 Applicability 

219.621 Exemption for Waterbase Material and Heatset-Offset Ink 

219.623 Permit Conditions 

219.624 Open-Top Mills, Tanks, Vats or Vessels 

219.625 Grinding Mills 

219.626 Storage Tanks 

219.628 Leaks 

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219.630 Clean Up 

219.636 Compliance Schedule 

219.637 Recordkeeping and Reporting 

SUBPART BB: POLYSTYRENE PLANTS

Section 

219.640 Applicability 

219.642 Emissions Limitation at Polystyrene Plants 

219.644 Emissions Testing 

SUBPART FF: BAKERY OVENS

Section 

219.720 Applicability (Repealed) 

219.722 Control Requirements (Repealed) 

219.726 Testing (Repealed) 

219.727 Monitoring (Repealed) 

219.728 Recordkeeping and Reporting (Repealed) 

219.729 Compliance Date (Repealed) 

219.730 Certification (Repealed) 

SUBPART GG: MARINE TERMINALS

Section 

219.760 Applicability 

219.762 Control Requirements 

219.764 Compliance Certification 

219.766 Leaks 

219.768 Testing and Monitoring 

219.770 Recordkeeping and Reporting 

SUBPART HH: MOTOR VEHICLE REFINISHING

Section 

219.780 Emission Limitations 

219.782 Alternative Control Requirements 

219.784 Equipment Specifications 

219.786 Surface Preparation Materials 

219.787 Work Practices 

219.788 Testing 

219.789 Monitoring and Recordkeeping for Control Devices 

219.790 General Recordkeeping and Reporting (Repealed)

219.791 Compliance Date 

219.792 Registration (Repealed)

219.875 Applicability of Subpart BB (Renumbered) 

Illinois Ozone SIP Revision - Vehicle Refuleing Vapor Recovery Program: Attachments Page - 1214
219.877 Emissions Limitation at Polystyrene Plants (Renumbered) 

219.879 Compliance Date (Repealed) 

219.881 Compliance Plan (Repealed) 

219.883 Special Requirements for Compliance Plan (Repealed) 

219.886 Emissions Testing (Renumbered) 

SUBPART II: FIBERGLASS BOAT MANUFACTURING MATERIALS

Section 

219.890 Applicability

219.891 Emission Limitations and Control Requirements

219.892 Testing and Monitoring Requirements 

219.894 Recordkeeping and Reporting Requirements 

SUBPART JJ: MISCELLANEOUS INDUSTRIAL ADHESIVES

Section

219.900 Applicability

219.901 Emission Limitations and Control Requirements

219.902 Testing Requirements

219.903 Monitoring Requirements 

219.904 Recordkeeping and Reporting Requirements 

SUBPART PP: MISCELLANEOUS FABRICATED PRODUCT 

MANUFACTURING PROCESSES

Section 

219.920 Applicability 

219.923 Permit Conditions 

219.926 Control Requirements 

219.927 Compliance Schedule 

219.928 Testing 

SUBPART QQ: MISCELLANEOUS FORMULATION 

MANUFACTURING PROCESSES

Section 

219.940 Applicability 

219.943 Permit Conditions 

219.946 Control Requirements 

219.947 Compliance Schedule 

219.948 Testing 

SUBPART RR: MISCELLANEOUS ORGANIC CHEMICAL 

MANUFACTURING PROCESSES

Illinois Ozone SIP Revision - Vehicle Refuleing Vapor Recovery Program: Attachments Page - 1215
Section 

219.960 Applicability 

219.963 Permit Conditions 

219.966 Control Requirements 

219.967 Compliance Schedule 

219.968 Testing 

SUBPART TT: OTHER EMISSION UNITS

Section 

219.980 Applicability 

219.983 Permit Conditions 

219.986 Control Requirements 

219.987 Compliance Schedule 

219.988 Testing 

SUBPART UU: RECORDKEEPING AND REPORTING

Section 

219.990 Exempt Emission Units 

219.991 Subject Emission Units 

219.APPENDIX A List of Chemicals Defining Synthetic Organic Chemical and Polymer 

Manufacturing 

219.APPENDIX B VOM Measurement Techniques for Capture Efficiency (Repealed) 

219.APPENDIX C Reference Methods and Procedures 

219.APPENDIX D Coefficients for the Total Resource Effectiveness Index (TRE) Equation 

219.APPENDIX E List of Affected Marine Terminals 

219.APPENDIX G TRE Index Measurements for SOCMI Reactors and Distillation Units 

219.APPENDIX H Baseline VOM Content Limitations for Subpart F, Section 219.212 CrossLine Averaging 

AUTHORITY: Implementing Section 10 and authorized by Sections 27, 28 and 28.5 of the 

Environmental Protection Act [415 ILCS 5/10, 27, 28 and 28.5]. 

SOURCE: Adopted in R91-8 at 15 Ill. Reg. 12491, effective August 16, 1991; amended in R91-

24 at 16 Ill. Reg. 13597, effective August 24, 1992; amended in R91-30 at 16 Ill. Reg. 13883, 

effective August 24, 1992; emergency amendment in R93-12 at 17 Ill. Reg. 8295, effective May 

24, 1993, for a maximum of 150 days; amended in R93-9 at 17 Ill. Reg. 16918, effective 

September 27, 1993 and October 21, 1993; amended in R93-28 at 18 Ill. Reg. 4242, effective 

March 3, 1994; amended in R94-12 at 18 Ill. Reg. 14987, effective September 21, 1994; 

amended in R94-15 at 18 Ill. Reg. 16415, effective October 25, 1994; amended in R94-16 at 18 

Ill. Reg. 16980, effective November 15, 1994; emergency amendment in R95-10 at 19 Ill. Reg. 

3059, effective February 28, 1995, for a maximum of 150 days; amended in R94-21, R94-31 and 

R94-32 at 19 Ill. Reg. 6958, effective May 9, 1995; amended in R94-33 at 19 Ill. Reg. 7385, 

effective May 22, 1995; amended in R96-2 at 20 Ill. Reg. 3848, effective February 15, 1996; 

Illinois Ozone SIP Revision - Vehicle Refuleing Vapor Recovery Program: Attachments Page - 1216
amended in R96-13 at 20 Ill. Reg. 14462, effective October 28, 1996; amended in R97-24 at 21 

Ill. Reg. 7721, effective June 9, 1997; amended in R97-31 at 22 Ill. Reg. 3517, effective 

February 2, 1998; amended in R04-12/20 at 30 Ill. Reg. 9799, effective May 15, 2006; amended 

in R06-21 at 31 Ill. Reg. 7110, effective April 30, 2007; amended in R10-10 at 34 Ill. Reg. 5392, 

effective March 23, 2010; amended in R10-8 at 34 Ill. Reg. 9253, effective June 25, 2010; 

amended in R10-20 at 34 Ill. Reg. 14326, effective September 14, 2010; amended in R10-8(A) at 

35 Ill. Reg. 496, effective December 21, 2010; amended in R11-23 at 35 Ill. Reg. 13676, 

effective July 27, 2011; amended in R11-23(A), at 35 Ill. Reg. 18830, effective October 25, 

2011); amended in R12-24 at 37 Ill. Reg. 1722, effective January 28, 2013; amended in R13-18 

at 38 Ill. Reg. ___________, effective ____________. 

SUBPART A: GENERAL PROVISIONS

Section 219.105 Test Methods and Procedures 

a) Coatings, Inks and Fountain Solutions 

The following test methods and procedures shall be used to determine compliance 

of as applied coatings, inks, and fountain solutions with the limitations set forth in 

this Part. 

1) Sampling: Samples collected for analyses shall be one-liter taken into a

one-liter container at a location and time such that the sample will be 

representative of the coating as applied (i.e., the sample shall include any 

dilution solvent or other VOM added during the manufacturing process). 

The container must be tightly sealed immediately after the sample is taken. 

Any solvent or other VOM added after the sample is taken must be 

measured and accounted for in the calculations in subsection (a)(3) of this 

Section. For multiple package coatings, separate samples of each 

component shall be obtained. A mixed sample shall not be obtained as it 

will cure in the container. Sampling procedures shall follow the 

guidelines presented in: 

A) ASTM D 3925-81 (1985) standard practice for sampling liquid 

paints and related pigment coating. This practice is incorporated 

by reference in Section 219.112 of this Part. 

B) ASTM E 300-86 standard practice for sampling industrial 

chemicals. This practice is incorporated by reference in Section 

219.112 of this Part. 

2) Analyses: The applicable analytical methods specified below shall be 

used to determine the composition of coatings, inks, or fountain solutions 

as applied. 

A) Method 24 of 40 CFR 60, appendix A, incorporated by reference 

in Section 219.112 of this Part, shall be used to determine the 

VOM content and density of coatings. If it is demonstrated to the 

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satisfaction of the Agency and the USEPA that plant coating 

formulation data are equivalent to Method 24 results, formulation 

data may be used. In the event of any inconsistency between a 

Method 24 test and a facility's formulation data, the Method 24 test 

will govern. 

B) Method 24A of 40 CFR 60, appendix Appendix A, incorporated by 

reference in Section 219.112, shall be used to determine the VOM 

content and density of rotogravure printing inks and related 

coatings. If it is demonstrated to the satisfaction of the Agency 

and USEPA that the plant coating formulation data are equivalent 

to Method 24A results, formulation data may be used. In the event 

of any inconsistency between a Method 24A test and formulation 

data, the Method 24A test will govern. 

C) The following ASTM methods are the analytical procedures for 

determining VOM: 

i) ASTM D 1475-85: Standard test method for density of 

paint, varnish, lacquer and related products. This test 

method is incorporated by reference in Section 219.112 of 

this Part. 

ii) ASTM D 2369-87: Standard test method for volatile 

content of a coating. This test method is incorporated by 

reference in Section 219.112 of this Part. 

iii) ASTM D 3792-86: Standard test method for water content 

of water-reducible paints by direct injection into a gas 

chromatograph. This test method is incorporated by 

reference in Section 219.112 of this Part. 

iv) ASTM D 4017-81 (1987): Standard test method for water 

content in paints and paint materials by the Karl Fischer 

method. This test method is incorporated by reference in 

Section 219.112 of this Part. 

v) ASTM D 4457-85: Standard test method for determination 

of dichloromethane and 1,1,1, trichloroethane in paints and 

coatings by direct injection into a gas chromatograph. (The 

procedure delineated above can be used to develop 

protocols for any compounds specifically exempted from 

the definition of VOM.) This test method is incorporated by 

reference in Section 219.112 of this Part. 

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vi) ASTM D 2697-86: Standard test method for volume nonvolatile matter in clear or pigmented coatings. This test 

method is incorporated by reference in Section 219.112 of 

this Part. 

vii) ASTM D 3980-87: Standard practice for interlaboratory 

testing of paint and related materials. This practice is 

incorporated by reference in Section 219.112 of this Part. 

viii) ASTM E 180-85: Standard practice for determining the 

precision of ASTM methods for analysis of and testing of 

industrial chemicals. This practice is incorporated by 

reference in Section 219.112 of this Part. 

ix) ASTM D 2372-85: Standard method of separation of 

vehicle from solvent-reducible paints. This method is 

incorporated by reference in Section 219.112 of this Part. 

D) Use of an adaptation to any of the analytical methods specified in 

subsections (a)(2)(A), (B), and (C) of this Section may not be used 

unless approved by the Agency and USEPA. An owner or 

operator must submit sufficient documentation for the Agency and 

USEPA to find that the analytical methods specified in subsections 

(a)(2)(A), (B), and (C) of this Section will yield inaccurate results 

and that the proposed adaptation is appropriate. 

3) Calculations: Calculations for determining the VOM content, water 

content and the content of any compounds which are specifically 

exempted from the definition of VOM of coatings, inks and fountain 

solutions as applied shall follow the guidance provided in the following 

documents: 

A) "A Guide for Surface Coating Calculation", EPA-340/1-86-016, 

incorporated by reference in Section 219.112 of this Part. 

B) "Procedures for Certifying Quantity of Volatile Organic 

Compounds Emitted by Paint, Ink and Other Coatings" (revised 

June 1986), EPA-450/3-84-019, incorporated by reference in 

Section 219.112 of this Part. 

C) "A Guide for Graphic Arts Calculations", August 1988, EPA340/1-88-003, incorporated by reference in Section 219.112 of this 

Part. 

b) Automobile or Light-Duty Truck Test Protocol 

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1) The protocol for testing, including determining the transfer efficiency of 

coating applicators, at primer surfacer operations and topcoat operations at 

an automobile or light-duty truck assembly source shall follow the 

procedures in the following: 

A) Prior to May 1, 2012: "Protocol for Determining the Daily 

Volatile Organic Compound Emission Rate of Automobile and 

Light-Duty Truck Topcoat Operations" ("topcoat protocol"), 

December 1988, EPA-450/3-88-018, incorporated by reference in 

Section 219.112 of this Part. 

B) On and after May 1, 2012: "Protocol for Determining the Daily 

Volatile Organic Compound Emission Rate of Automobile and 

Light-Duty Truck Primer-Surfacer and Topcoat Operations" 

(topcoat protocol), September 2008, EPA-453/R-08-002, 

incorporated by reference in Section 219.112 of this Part. 

2) Prior to testing pursuant to the applicable topcoat protocol, the owner or 

operator of a coating operation subject to the topcoat or primer surfacer 

limit in Section 219.204(a)(1)(B), (a)(1)(C), (a)(2)(B), (a)(2)(C), or 

(a)(2)(E) shall submit a detailed testing proposal specifying the method by 

which testing will be conducted and how compliance will be demonstrated 

consistent with the applicable topcoat protocol. The proposal shall 

include, at a minimum, a comprehensive plan (including a rationale) for 

determining the transfer efficiency at each booth through the use of inplant or pilot testing, the selection of coatings to be tested (for the purpose 

of determining transfer efficiency) including the rationale for coating 

groupings, the method for determining the analytic VOM content of as 

applied coatings and the formulation solvent content of as applied 

coatings, and a description of the records of coating VOM content as 

applied and coating's usage that will be kept to demonstrate compliance. 

Upon approval of the proposal by the Agency and USEPA, the compliance 

demonstration for a coating line may proceed. 

c) Capture System Efficiency Test Protocols 

1) Applicability 

The requirements of subsection (c)(2) of this Section shall apply to all 

VOM emitting process emission units employing capture equipment (e.g., 

hoods, ducts), except those cases noted in this subsection (c)(1). 

A) If an emission unit is equipped with (or uses) a permanent total 

enclosure (PTE) that meets Agency and USEPA specifications, 

and which directs all VOM to a control device, then the emission 

unit is exempted from the requirements described in subsection 

(c)(2) of this Section. The Agency and USEPA specifications to 

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determine whether a structure is considered a PTE are given in 

Method 204 of appendix M of 40 CFR 51, incorporated by 

reference in Section 219.112 of this Part. In this instance, the 

capture efficiency is assumed to be 100 percent and the emission 

unit is still required to measure control efficiency using appropriate 

test methods as specified in subsection (d) of this Section. 

B) If an emission unit is equipped with (or uses) a control device 

designed to collect and recover VOM (e.g., carbon adsorber), an 

explicit measurement of capture efficiency is not necessary 

provided that the conditions given below are met. The overall 

control of the system can be determined by directly comparing the 

input liquid VOM to the recovered liquid VOM. The general 

procedure for use in this situation is given in 40 CFR 60.433, 

incorporated by reference in Section 219.112 of this Part, with the 

following additional restrictions: 

i) The source owner or operator shall obtain data each 

operating day for the solvent usage and solvent recovery to 

permit the determination of the solvent recovery efficiency 

of the system each operating day using a 7-day rolling 

period. The recovery efficiency for each operating day is 

computed as the ratio of the total recovered solvent for that 

day and the most recent prior 6 operating days to the total 

solvent usage for the same 7-day period used for the 

recovered solvent, rather than a 30-day weighted average as 

given in 40 CFR 60.433 incorporated by reference in 

Section 219.112 of this Part. This ratio shall be expressed 

as a percentage. The ratio shall be computed within 72 

hours following each 7-day period. A source that believes 

that the 7-day rolling period is not appropriate may use an 

alternative multi-day rolling period not to exceed 30 days, 

with the approval of the Agency and USEPA. In addition, 

the criteria in subsection (c)(1)(B)(ii) or subsection 

(c)(1)(B)(iii) below must be met. 

ii) The solvent recovery system (i.e., capture and control 

system) must be dedicated to a single coating line, printing 

line, or other discrete activity that by itself is subject to an 

applicable VOM emission standard., or 

iii) However, if If the solvent recovery system controls more 

than one coating line, printing line or other discrete activity 

that by itself is subject to an applicable VOM emission 

standard, the overall control (i.e., the total recovered VOM 

divided by the sum of liquid VOM input from all lines and 

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other activities venting to the control system) must meet or 

exceed the most stringent standard applicable to any line or 

other discrete activity venting to the control system. 

2) Capture Efficiency Protocols 

The capture efficiency of an emission unit shall be measured using one of 

the protocols given below. Appropriate test methods to be utilized in each 

of the capture efficiency protocols are described in appendix M of 40 CFR 

51, incorporated by reference in Section 219.112 of this Part. Any error 

margin associated with a test method or protocol may not be incorporated 

into the results of a capture efficiency test. If these techniques are not 

suitable for a particular process, then an alternative capture efficiency 

protocol may be used, pursuant to the provisions of Section 219.108(b) of 

this Part. 

A) Gas/gas method using temporary total enclosure (TTE). The 

Agency and USEPA specifications to determine whether a 

temporary enclosure is considered a TTE are given in Method 204 

of appendix M of 40 CFR 51, incorporated by reference in Section 

219.112 of this Part. The capture efficiency equation to be used 

for this protocol is: 

ww

w

FG

G CE

+ =

where:

CE = capture efficiency, decimal fraction;

Gw = mass of VOM captured and delivered to control 

device using a TTE;

Fw = mass of uncaptured VOM that escapes from a TTE.

Method 204B or 204C contained in appendix M of 40 CFR 51, 

incorporated by reference in Section 219.112 of this Part, is used to 

obtain Gw. Method 204D in appendix M of 40 CFR 51, 

incorporated by reference in Section 219.112 of this Part, is used to 

obtain Fw. 

B) Liquid/gas method using TTE. The Agency and USEPA 

specifications to determine whether a temporary enclosure is 

considered a TTE are given in Method 204 of appendix M of 40 

CFR 51, incorporated by reference in Section 219.112 of this Part. 

The capture efficiency equation to be used for this protocol is: 

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L

FL CE − W =

where:

CE = capture efficiency, decimal fraction;

L = mass of liquid VOM input to process emission unit;

Fw = mass of uncaptured VOM that escapes from a TTE.

Method 204A or 204F contained in appendix M of 40 CFR 51, 

incorporated by reference in Section 219.112 of this Part, is used to 

obtain L. Method 204in appendix M of 40 CFR 51, incorporated 

by reference in Section 219.112 of this Part, is used to obtain Fw. 

C) Gas/gas method using the building or room (building or room 

enclosure), in which the affected coating line, printing line or other 

emission unit is located, as the enclosure, as determined by Method 

204 of appendix M of 40 CFR 51, incorporated by reference in 

Section 219.112 of this Part, and in which "FB" and "G" are 

measured while operating only the affected line or emission unit. 

All fans and blowers in the building or room must be operated as 

they would under normal production. The capture efficiency 

equation to be used for this protocol is: 

FG B

G CE

+ =

where:

CE = capture efficiency, decimal fraction;

G = mass of VOM captured and delivered to control device;

FB = mass of uncaptured VOM that escapes from building 

enclosure.

Method 204B or 204C contained in appendix M of 40 CFR 51, 

incorporated by reference in Section 219.112 of this Part, is used to 

obtain G. Method 204E in appendix M of 40 CFR 51, incorporated 

by reference in Section 219.112 of this Part, is used to obtain FB. 

D) Liquid/gas method using the building or room (building or room 

enclosure), in which the affected coating line, printing line or other 

emission unit is located, as the enclosure as determined by Method 

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204 of appendix M of 40 CFR 51, incorporated by reference in 

Section 219.112 of this Part, and in which "FB" and "L" are 

measured while operating only the affected line emission unit. All 

fans and blowers in the building or room must be operated as they 

would under normal production. The capture efficiency equation 

to be used for this protocol is: 

L

FL CE − B =

where:

CE = capture efficiency, decimal fraction;

L = mass of liquid VOM input to process emission unit;

FB = mass of uncaptured VOM that escapes from building 

enclosure.

Method 204A or 204F contained in appendix M of 40 CFR 51, 

incorporated by reference in Section 219.112 of this Part, is used to 

obtain L. Method 204E in appendix M of 40 CFR 51, incorporated 

by reference in Section 219.112 of this Part, is used to obtain FB. 

E) Mass balance using Data Quality Objective (DQO) or Lower 

Confidence Limit (LCL) protocol. For a liquid/gas input where an 

owner or operator is using the DQO/LCL protocol and not using an 

enclosure as described in Method 204 of appendix M of 40 CFR 

51, incorporated by reference in Section 219.112 of this Part, the 

VOM content of the liquid input (L) must be determined using 

Method 204A or 204F in appendix M of 40 CFR 51, incorporated 

by reference in Section 219.112 of this Part. The VOM content of 

the captured gas stream (G) to the control device must be 

determined using Method 204B or 204C in appendix M of 40 CFR 

51, incorporated by reference in Section 219.112 of this Part. The 

results of capture efficiency calculations (G/L) must satisfy the 

DQO or LCL statistical analysis methodology as described in 

Section 3 of USEPA's "Guidelines for Determining Capture 

Efficiency,", incorporated by reference at Section 219.112 of this 

Part. Where capture efficiency testing is done to determine 

emission reductions for the purpose of establishing emission 

credits for offsets, shutdowns, and trading, the LCL protocol 

cannot be used for these applications. In enforcement cases, the 

LCL protocol cannot confirm non-compliance; capture efficiency 

must be determined using a protocol under subsection (c)(2)(A), 

(B), (C) or (D) of this Section, the DQO protocol of this subsection 

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(c)(2)(E), or an alternative protocol pursuant to Section 219.108(b) 

of this Part.

BOARD NOTE: Where LCL was used in testing emission units 

that are the subject of later requests for establishing emission 

credits for offsets, shutdowns, and trading, prior LCL results may 

not be relied upon to determine the appropriate amount of credits. 

Instead, to establish the appropriate amount of credits, additional 

testing may be required that would satisfy the protocol of Section 

219.105(c)(2)(A), (B), (C) or (D), the DQO protocol of Section 

219.105(c)(2)(E), or an alternative protocol pursuant to Section 

219.108(b) of this Part. 

3) Simultaneous testing of multiple lines or emission units with a common 

control device. If an owner or operator has multiple lines sharing a 

common control device, the capture efficiency of the lines may be tested 

simultaneously, subject to the following provisions: 

A) Multiple line testing must meet the criteria of Section 4 of 

USEPA's "Guidelines for Determining Capture Efficiency,", 

incorporated by reference at Section 219.112 of this Part; 

B) The most stringent capture efficiency required for any individual 

line or unit must be met by the aggregate of lines or units; and 

C) Testing of all the lines of emission units must be performed with 

the same capture efficiency test protocol.

4) Recordkeeping and Reporting 

A) All owners or operators affected by this subsection must maintain a 

copy of the capture efficiency protocol submitted to the Agency 

and the USEPA on file. All results of the appropriate test methods 

and capture efficiency protocols must be reported to the Agency 

within 60 days after the test date. A copy of the results must be 

kept on file with the source for a period of 3 years. 

B) If any changes are made to capture or control equipment, then the 

source is required to notify the Agency and the USEPA of these 

changes and a new test may be required by the Agency or the 

USEPA. 

C) The source must notify the Agency 30 days prior to performing 

any capture efficiency or control test. At that time, the source must 

notify the Agency which capture efficiency protocol and control 

device test methods will be used. Notification of the actual date 

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and expected time of testing must be submitted a minimum of 5 

working days prior to the actual date of the test. The Agency may 

at its discretion accept notification with shorter advance notice 

provided that such arrangements do not interfere with the Agency's 

ability to review the protocol and/or observe testing.

D) Sources utilizing a PTE must demonstrate that this enclosure meets 

the requirement given in Method 204 in appendix M of 40 CFR 51, 

incorporated by reference in Section 219.112 of this Part, for a 

PTE during any testing of their control device.

E) Sources utilizing a TTE must demonstrate that their TTE meets the 

requirements given in Method 204 in appendix M or 40 CFR 51, 

incorporated by reference in Section 219.112 of this Part, for a 

TTE during any testing of their control device. The source must 

also provide documentation that the quality assurance criteria for a 

TTE have been achieved. 

F) Any source utilizing the DQO or LCL protocol must submit the 

following information to the Agency with each test report: 

i) A copy of all test methods, Quality Assurance/Quality 

Control procedures, and calibration procedures to be used 

from those described in appendix M of 40 CFR 51, 

incorporated by reference in Section 219.112 of this Part; 

ii) A table with information on each sample taken, including 

the sample identification and the VOM content of the 

sample;

iii) The quantity of material used for each test run; 

iv) The quantity of captured VOM for each test run; 

v) The capture efficiency calculations and results for each test 

run; 

vi) The DQO and/or LCL calculations and results; and 

vii) The Quality Assurance/Quality Control results, including 

how often the instruments were calibrated, the calibration 

results, and the calibration gases used. 

d) Control Device Efficiency Testing and Monitoring 

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1) The control device efficiency shall be determined by simultaneously 

measuring the inlet and outlet gas phase VOM concentrations and gas 

volumetric flow rates in accordance with the gas phase test methods 

specified in subsection (f) of this Section. 

2) An owner or operator: 

A) That uses an afterburner or carbon adsorber to comply with any 

Section of this Part 219 shall use Agency and USEPA approved 

continuous monitoring equipment which is installed, calibrated, 

maintained, and operated according to vendor specifications at all 

times the control device is in use except as provided in subsection 

(d)(3) of this Section. The continuous monitoring equipment must 

monitor the following parameters: 

i) For each afterburner which does not have a catalyst bed, 

the combustion chamber temperature of each afterburner. 

ii) For each afterburner which has a catalyst bed, commonly 

known as a catalytic afterburner, the temperature rise 

across each catalytic afterburner bed or VOM concentration 

of exhaust. 

iii) For each carbon adsorber, the VOM concentration of each 

carbon adsorption bed exhaust or the exhaust of the bed 

next in sequence to be desorbed. 

B) Must install, calibrate, operate and maintain, in accordance with 

manufacturer's specifications, a continuous recorder on the 

temperature monitoring device, such as a strip chart, recorder or 

computer, having an accuracy of ± 1 percent of the temperature 

measured, expressed in degrees Celsius or ± 0.5° C, whichever is 

greater.

C) Of an automobile or light-duty truck primer surfacer operation or 

topcoat operation subject to subsection (d)(2)(A), shall keep a 

separate record of the following data for the control devices, unless 

alternative provisions are set forth in a permit pursuant to Title V 

of the Clean Air Act: 

i) For thermal afterburners for which combustion chamber 

temperature is monitored, all 3-hour periods of operation in 

which the average combustion temperature was more than 

28° C (50° F) below the average combustion temperature 

measured during the most recent performance test that 

demonstrated that the operation was in compliance. 

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ii) For catalytic afterburners for which temperature rise is 

monitored, all 3-hour periods of operation in which the 

average gas temperature before the catalyst bed is more 

than 28° C (50° F) below the average gas temperature 

immediately before the catalyst bed measured during the 

most recent performance test that demonstrated that the 

operation was in compliance. 

iii) For catalytic afterburners and carbon adsorbers for which 

VOM concentration is monitored, all 3-hour periods of 

operation during which the average VOM concentration or 

the reading of organics in the exhaust gases is more than 20 

percent greater than the average exhaust gas concentration 

or reading measured by the organic monitoring device 

during the most recent determination of the recovery 

efficiency of a carbon adsorber or performance test for a 

catalytic afterburner, which determination or test that 

demonstrated that the operation was in compliance. 

3) An owner or operator that uses a carbon adsorber to comply with Section 

219.401 of this Part may operate the adsorber during periods of 

monitoring equipment malfunction, provided that: 

A) The owner or operator notifies in writing the Agency and USEPA, 

within 10 days after the conclusion of any 72 hour period during 

which the adsorber is operated and the associated monitoring 

equipment is not operational, of such monitoring equipment failure 

and provides the duration of the malfunction, a description of the 

repairs made to the equipment, and the total to date of all hours in 

the calendar year during which the adsorber was operated and the 

associated monitoring equipment was not operational; 

B) During such period of malfunction the adsorber is operated using 

timed sequences as the basis for periodic regeneration of the 

adsorber; 

C) The period of such adsorber operation does not exceed 360 hours 

in any calendar year without the approval of the Agency and 

USEPA; and 

D) The total of all hours in the calendar year during which the 

adsorber was operated and the associated monitoring equipment 

was not operational shall be reported, in writing, to the Agency and 

USEPA by January 31 of the following calendar year. 

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e) Overall Efficiency 

1) The overall efficiency of the emission control system shall be determined 

as the product of the capture system efficiency and the control device 

efficiency or by the liquid/liquid test protocol as specified in 40 CFR 

60.433, incorporated by reference in Section 219.112 of this Part, (and 

revised by subsection (c)(1)(B) of this Section) for each solvent recovery 

system. In those cases in which the overall efficiency is being determined 

for an entire line, the capture efficiency used to calculate the product of 

the capture and control efficiency is the total capture efficiency over the 

entire line. 

2) For coating lines which are both chosen by the owner or operator to 

comply with Section 219.207(a), (d), (e), (f), (g), (l), or (m) of this Part by 

the alternative in Section 219.207(b)(2) of this Part and meet the criteria 

allowing them to comply with Section 219.207 instead of Section 219.204 

of this Part, the overall efficiency of the capture system and control 

device, as determined by the test methods and procedures specified in 

subsections (c), (d) and (e)(1) of this Section, shall be no less than the 

equivalent overall efficiency which shall be calculated by the following 

equation: 

 

×100 − =

a

a l

VOM

VOM VOM E

where:

E = Equivalent overall efficiency of the capture system 

and control device as a percentage;

VOMa = Actual VOM content of a coating, or the dailyweighted average VOM content of two or more 

coatings (if more than one coating is used), as 

applied to the subject coating line as determined by 

the applicable test methods and procedures specified 

in subsection (a)(4)(i) of this Part in units of kg 

VOM/1 (lb VOM/gal) of coating solids as applied;

VOM1 = The VOM emission limit specified in Sections 

219.204 or 219.205 of this Part in units of kg 

VOM/1 (lb VOM/gal) of coating solids as applied.

f) Volatile Organic Material Gas Phase Source Test Methods 

The methods in 40 CFR 60, appendix A, incorporated by reference in Section 

219.112 of this Part delineated below shall be used to determine control device 

efficiencies. 

Illinois Ozone SIP Revision - Vehicle Refuleing Vapor Recovery Program: Attachments Page - 1229
1) 40 CFR 60, appendix A, Method 18, 25 or 25A, incorporated by reference 

in Section 219.112 of this Part as appropriate to the conditions at the site, 

shall be used to determine VOM concentration. Method selection shall be 

based on consideration of the diversity of organic species present and their 

total concentration and on consideration of the potential presence of 

interfering gases. Except as indicated in subsections (f)(1)(A) and (B) 

below, the test shall consist of three separate runs, each lasting a minimum 

of 60 min, unless the Agency and the USEPA determine that process 

variables dictate shorter sampling times. 

A) When the method is to be used to determine the efficiency of a 

carbon adsorption system with a common exhaust stack for all the 

individual adsorber vessels, the test shall consist of three separate 

runs, each coinciding with one or more complete sequences 

through the adsorption cycles of all the individual adsorber vessels. 

B) When the method is to be used to determine the efficiency of a 

carbon adsorption system with individual exhaust stacks for each 

adsorber vessel, each adsorber vessel shall be tested individually. 

The test for each adsorber vessel shall consist of three separate 

runs. Each run shall coincide with one or more complete 

adsorption cycles. 

2) 40 CFR 60, appendix A, Method 1 or 1A, incorporated by reference in 

Section 219.112 of this Part, shall be used for sample and velocity 

traverses. 

3) 40 CFR 60, appendix A, Method 2, 2A, 2C or 2D, incorporated by 

reference in Section 219.112 of this Part, shall be used for velocity and 

volumetric flow rates. 

4) 40 CFR 60, appendix A, Method 3, incorporated by reference in Section 

219.112 of this Part, shall be used for gas analysis. 

5) 40 CFR 60, appendix A, Method 4, incorporated by reference in Section 

219.112 of this Part, shall be used for stack gas moisture. 

6) 40 CFR 60, appendix A, Methods 2, 2A, 2C, 2D, 3 and 4, incorporated by 

reference in Section 219.112 of this Part, shall be performed, as 

applicable, at least twice during each test run. 

7) Use of an adaptation to any of the test methods specified in subsections 

(f)(1), (2), (3), (4), (5) and (6) of this Section may not be used unless 

approved by the Agency and the USEPA on a case by case basis. An 

owner or operator must submit sufficient documentation for the Agency 

Illinois Ozone SIP Revision - Vehicle Refuleing Vapor Recovery Program: Attachments Page - 1230
and the USEPA to find that the test methods specified in subsections 

(f)(1), (2), (3), (4), (5) and (6) of this Section will yield inaccurate results 

and that the proposed adaptation is appropriate. 

g) Leak Detection Methods for Volatile Organic Material 

Owners or operators required by this Part to carry out a leak detection monitoring 

program shall comply with the following requirements: 

1) Leak Detection Monitoring 

A) Monitoring shall comply with 40 CFR 60, appendix A, Method 21, 

incorporated by reference in Section 219.112 of this Part. 

B) The detection instrument shall meet the performance criteria of 

Method 21. 

C) The instrument shall be calibrated before use on each day of its use 

by the methods specified in Method 21. 

D) Calibration gases shall be: 

i) Zero air (less than 10 ppm of hydrocarbon in air); and 

ii) A mixture of methane or n-hexane and air at a 

concentration of approximately, but no less than, 10,000 

ppm methane or n-hexane. 

E) The instrument probe shall be traversed around all potential leak 

interfaces as close to the interface as possible as described in 

Method 21. 

2) When equipment is tested for compliance with no detectable emissions as 

required, the test shall comply with the following requirements: 

A) The requirements of subsections (g)(1)(A) through (g)(1)(E) of this 

Section shall apply. 

B) The background level shall be determined as set forth in Method 

21. 

3) Leak detection tests shall be performed consistent with: 

A) "APTI Course SI 417 controlling Volatile Organic Compound 

Emissions from Leaking Process Equipment", EPA-450/2-82-015, 

incorporated by reference in Section 219.112 of this Part. 

Illinois Ozone SIP Revision - Vehicle Refuleing Vapor Recovery Program: Attachments Page - 1231
B) "Portable Instrument User's Manual for Monitoring VOM 

Sources", EPA-340/1-86-015, incorporated by reference in Section 

219.112 of this Part. 

C) "Protocols for Generating Unit-Specific Emission Estimates for 

Equipment Leaks of VOM and VHAP", EPA-450/3-88-010, 

incorporated by reference in Section 219.112 of this Part. 

D) "Petroleum Refinery Enforcement Manual", EPA-340/1-80-008, 

incorporated by reference in Section 219.112 of this Part. 

h) Bulk Gasoline Delivery System Test Protocol 

1) The method for determining the emissions of gasoline from a vapor 

recovery system are delineated in 40 CFR 60, Subpartsubpart XX, section 

60.503, incorporated by reference in Section 219.112 of this Part. 

2) Other tests shall be performed consistent with: 

A) "Inspection Manual for Control of Volatile Organic Emissions 

from Gasoline Marketing Operations: Appendix D", EPA-340/1-

80-012, incorporated by reference in Section 219.112 of this Part. 

B) "Control of Hydrocarbons from Tank Truck Gasoline Loading 

Terminals: Appendix A", EPA-450/2-77-026, incorporated by 

reference in Section 219.112 of this Part. 

i) Notwithstanding other requirements of this Part, upon request of the Agency 

where it is necessary to demonstrate compliance, an owner or operator of an 

emission unit which is subject to this Part shall, at his own expense, conduct tests 

in accordance with the applicable test methods and procedures specific in this 

Part. Nothing in this Section shall limit the authority of the USEPA pursuant to 

the Clean Air Act, as amended, to require testing. 

j) Stage II Gasoline Vapor Recovery Test Methods 

The methods for determining the acceptable performance of Stage II Gasoline 

Vapor Recovery System are delineated in "Technical Guidance-Stage II Vapor 

Recovery Systems for Control of Vehicle Refueling Emissions at Gasoline 

Dispensing Facilities," found at EPA 450/3-91-022b and incorporated by 

reference in Section 219.112 of this Part. Specifically, the test methods are as 

follows: 

1) Dynamic Backpressure Test is a test procedure used to determine the 

pressure drop (flow resistance) through balance vapor collection and 

control systems (including nozzles, vapor hoses, swivels, dispenser piping 

and underground piping) at prescribed flow rates. 

Illinois Ozone SIP Revision - Vehicle Refuleing Vapor Recovery Program: Attachments Page - 1232
2) Pressure Decay/Leak Test is a test procedure used to quantify the vapor 

tightness of a vapor collection and control system installed at gasoline 

dispensing facilities. 

3) Liquid Blockage Test is a test procedure used to detect low points in any 

vapor collection and control system where condensate may accumulate. 

(Source: Amended at 38 Ill. Reg. ________, effective ___________) 

Section 219.112 Incorporations by Reference 

The following materials are incorporated by reference and do not contain any subsequent 

additions or amendments: 

a) American Society for Testing and Materials, 100 Barr Harbor Drive, West 

Conshohocken PA 19428-9555 

1) ASTM D 2879-86 

2) ASTM D 323-08 

3) ASTM D 86-82 

4) ASTM D 369-69 (1971) 

5) ASTM D 396-69 

6) ASTM D 2880-71 

7) ASTM D 975-68 

8) ASTM D 3925-81 (1985) 

9) ASTM E 300-86 

10) ASTM D 1475-85 

11) ASTM D 2369-87 

12) ASTM D 3792-86 

13) ASTM D 4017-81 (1987) 

14) ASTM D 4457-85 

Illinois Ozone SIP Revision - Vehicle Refuleing Vapor Recovery Program: Attachments Page - 1233
15) ASTM D 2697-86 

16) ASTM D 3980-87 

17) ASTM E 180-85 

18) ASTM D 2372-85 

19) ASTM D 97-66 

20) ASTM E 168-87 (1977) 

21) ASTM E 169-87 

22) ASTM E 260-91 

23) ASTM D 2504-83 

24) ASTM D 2382-83 

b) Standard Industrial Classification Manual, published by Executive Office of the 

President, Office of Management and Budget, Washington, D.C., 1987. 

c) American Petroleum Institute Bulletin 2517, "Evaporation Loss From Floating 

Roof Tanks", Second ed., February 1980. 

d) 40 CFR 60 (July 1, 1991). 

e) 40 CFR 61 (July 1, 1991). 

f) 40 CFR 50 (July 1, 1991). 

g) 40 CFR 51 (July 1, 1991) and 40 CFR 51, appendix M, Methods 204-204F (July 

1, 1999). 

h) 40 CFR 52 (July 1, 1991). 

i) "A Guide for Surface Coating Calculation", July 1986, United States 

Environmental Protection Agency, Washington, D.C., EPA-340/1-86-016. 

j) "Procedures for Certifying Quantity of Volatile Organic Compounds Emitted by 

Paint, Ink and Other Coating" (revised June 1986), United States Environmental 

Protection Agency, Washington D.C., EPA-450/3-84-019. 

k) "A Guide for Graphic Arts Calculations", August 1988, United States 

Environmental Protection Agency, Washington D.C., EPA-340/1-88-003. 

Illinois Ozone SIP Revision - Vehicle Refuleing Vapor Recovery Program: Attachments Page - 1234
l) "Protocol for Determining the Daily Volatile Organic Compound Emission Rate 

of Automobile and Light-Duty Truck Topcoat Operations", December 1988, 

United States Environmental Protection Agency, Washington D.C., EPA-450/3-

88-018. 

m) "Control of Volatile Organic Emissions from Manufacturing of Synthesized 

Pharmaceutical Products", December 1978, United States Environmental 

Protection Agency, Washington, D.C., EPA-450/2-78-029. 

n) "Control of Volatile Organic Compound Leaks from Gasoline Tank Trucks and 

Vapor Collection Systems", December 1978, Appendix B, United States 

Environmental Protection Agency, Washington, D.C., EPA-450/2-78-051. 

o) "Control of Volatile Organic Compound Emissions from Large Petroleum Dry 

Cleaners", September 1982, United States Environmental Protection Agency, 

Washington, D.C., EPA-450/3-82-009. 

p) "APTI Course SI417 Controlling Volatile Organic Compound Emissions from 

Leaking Process Equipment", 1982, United States Environmental Protection 

Agency, Washington, D.C., EPA-450/2-82-015. 

q) "Portable Instrument User's Manual for Monitoring VOM Sources", June 1986, 

United States Environmental Protection Agency, Washington, D.C., EPA-340/1-

86-015. 

r) "Protocols for Generating Unit-Specific Emission Estimates for Equipment Leaks 

of VOM and VHAP", October 1988, United States Environmental Protection 

Agency, Washington, D.C., EPA-450/3-88-010. 

s) "Petroleum Refinery Enforcement Manual", March 1980, United States 

Environmental Protection Agency, Washington, D.C., EPA-340/1-80-008. 

t) "Inspection Manual for Control of Volatile Organic Emissions from Gasoline 

Marketing Operations: Appendix D", 1980, United States Environmental 

Protection Agency, Washington, D.C., EPA-340/1-80-012. 

u) "Control of Hydrocarbons from Tank Truck Gasoline Loading Terminals: 

Appendix A", December 1977, United States Environmental Protection Agency, 

Washington, D.C., EPA-450/2-77-026. 

v) "Technical Guidance-Stage II Vapor Recovery Systems for Control of Vehicle 

Refueling Emissions at Gasoline Dispensing Facilities", November 1991, United 

States Environmental Protection Agency, Washington, D.C., EPA-450/3-91-022b. 

Illinois Ozone SIP Revision - Vehicle Refuleing Vapor Recovery Program: Attachments Page - 1235
vw) California Air Resources Board, Compliance Division. Compliance Assistance 

Program: Gasoline Marketing and Distribution: Gasoline Facilities Phase I & II 

(October 1988, rev. November 1993) (CARB Manual). 

wx) "Guidelines for Determining Capture Efficiency", January 1995, Office of Air 

Quality Planning and Standards, United States Environmental Protection Agency, 

Research Triangle Park NC.

xy) Memorandum "Revised Capture Efficiency Guidance for Control of Volatile 

Organic Compound Emissions", February1995, John S. Seitz, Director, Office of 

Air Quality Planning and Standards, United States Environmental Protection 

Agency. 

yz) "Protocol for Determining the Daily Volatile Organic Compound Emission Rate 

of Automobile and Light-Duty Truck Primer-Surfacer and Topcoat Operations", 

September 2008, United States Environmental Protection Agency, Washington, 

D.C., EPA-453/R-08-002. 

zaa) 40 CFR 63 subpart PPPP, appendix A (2008). 

aabb) 46 CFR subchapter Q (2007). 

bbcc) 46 CFR subchapter T (2008). 

(Source: Amended at 38 Ill. Reg. ______, effective ____________) 

SUBPART Y: GASOLINE DISTRIBUTION

Section 219.583 Gasoline Dispensing Operations - Storage Tank Filling Operations 

a) Subject to subsection (b) below, no person shall cause or allow the transfer of 

gasoline from any delivery vessel into any stationary storage tank at a gasoline 

dispensing operation unless: 

1) The tank is equipped with a submerged loading pipe; and 

2) The vapors displaced from the storage tank during filling are processed by 

a vapor control system that includes one or more of the following: 

A) A vapor collection system that meets the requirements of 

subsection (d)(4) below; or 

B) A refrigeration-condensation system or any other system approved 

by the Agency and approved by the USEPA as a SIP revision, that 

recovers at least 90 percent by weight of all vaporized organic 

material from the equipment being controlled; and 

Illinois Ozone SIP Revision - Vehicle Refuleing Vapor Recovery Program: Attachments Page - 1236
C) The delivery vessel displays the appropriate sticker pursuant to the 

requirements of Section 219.584(b) or (d) of this Part; and 

3) By March 15, 1995, all tank vent pipes are equipped with 

pressure/vacuum relief valves with the following design specifications: 

A) The pressure/vacuum relief valve shall be set to resist a pressure of 

at least 3.5 inches water column and to resist a vacuum of no less 

than 6.0 inches water column; or 

B) The pressure/vacuum relief valve shall meet the requirements of 35 

Ill. Adm. Code 218.586(c); and 

4) The owner or operator of a gasoline dispensing operation demonstrates 

compliance with subsection (a)(3) of this Section, by March 15, 1995 or 

30 days after installation of each pressure/vacuum relief valve, whichever 

is later, and at least annually thereafter, by measuring and recording the 

pressure indicated by a pressure/vacuum gauge at each tank vent pipe. 

The test shall be performed on each tank vent pipe within two hours after 

product delivery into the respective storage tank. For manifolded tank 

vent systems, observations at any point within the system shall be 

adequate. The owner or operator shall maintain any records required by 

this subsection for a period of three years. 

b) The requirements of subsections (a)(2) and (a)(3) above shall not apply to 

transfers of gasoline to a stationary storage tank at a gasoline dispensing operation 

if:

1) The tank is equipped with a floating roof, or other system of equal or 

better emission control as approved by the Agency and approved by the 

USEPA as a SIP revision;

2) The tank has a capacity of less than 2000 gallons and was in place and 

operating before January 1, 1979; or 

3) The tank has a capacity of less than 575 gallons.

c) Subject to subsection (b) above, each owner of a gasoline dispensing operation 

shall:

1) Install all control systems and make all process modifications required by 

subsection (a) above; 

2) Provide instructions to the operator of the gasoline dispensing operation 

describing necessary maintenance operations and procedures for prompt 

Illinois Ozone SIP Revision - Vehicle Refuleing Vapor Recovery Program: Attachments Page - 1237
notification of the owner in case of any malfunction of a vapor control 

system; and

3) Repair, replace or modify any worn out or malfunctioning component or 

element of design.

d) Subject to subsection (b) above, each operator of a gasoline dispensing operation 

shall:

1) Maintain and operate each vapor control system in accordance with the 

owner's instructions; 

2) Promptly notify the owner of any scheduled maintenance or malfunction 

requiring replacement or repair of a major component of a vapor control 

system;

3) Maintain gauges, meters or other specified testing devices in proper 

working order; 

4) Operate the vapor collection system and delivery vessel unloading points 

in a manner that prevents:

A) A reading equal to or greater than 100 percent of the lower 

explosive limit (LEL measured as propane) when tested in 

accordance with the procedure described in EPA 450/2-78-051 

Appendix B incorporated by reference at Section 219.112 of this 

Part, and

B) Avoidable leaks of liquid during the filling of storage tanks; and 

5) Within 15 business days after discovery of the leak by the owner, operator, 

or the Agency, repair and retest a vapor collection system which exceeds 

the limits of subsection (d)(4)(A) above. 

e) Any retail gasoline dispensing operation subject to subsection (a) above shall be 

exempt from the permit requirements specified under 35 Ill. Adm. Code 

201.142, 201.143, and 201.144 provided that: 

1) The owner or operator of the gasoline dispensing operation submits to the 

Agency a registration which provides, at a minimum, the operation name 

and address, signature of the owner or operator, the location (including 

contact person's name, address and telephone number) of records and 

reports required by this Section, the number of underground tanks, the 

number of tank pipe vents, and the date of completion of installation of the 

vapor control system and pressure/vacuum relief valve. 

Illinois Ozone SIP Revision - Vehicle Refuleing Vapor Recovery Program: Attachments Page - 1238
2) The registration is submitted to the Agency by March 15, 1995 or 30 days 

after installation of a vapor control system or pressure/vacuum relief 

valve, whichever is later.

3) The registration certificate is displayed at the gasoline dispensing 

operation. 

4) Upon modification of an existing vapor control system or 

pressure/vacuum relief valve, the owner or operator of the gasoline 

dispensing operation submits to the Agency a registration that details the 

changes to the information provided in the previous registration and which 

includes the signature of the owner or operator. The registration must be 

submitted to the Agency within 30 days after completion of such 

modification.

 (Source: Amended at 38 Ill. Reg.__________, effective _____________) 

IT IS SO ORDERED.

Section 41(a) of the Environmental Protection Act provides that final Board orders may 

be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the 

order. 415 ILCS 5/41(a) (2010); see also 35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706. 

Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois 

Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The 

Board’s procedural rules provide that motions for the Board to reconsider or modify its final 

orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code 

101.520; see also 35 Ill. Adm. Code 101.902, 102.700, 102.702. 

 I, John T. Therriault, Clerk of the Illinois Pollution Control Board, certify that the Board 

adopted the above opinion and order on December 19, 2013, by a vote of 4-0 . 

___________________________________ 

John T. Therriault, Clerk 

 Illinois Pollution Control Board 

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Attachment 33

Joint Committee on Administrative Rules 

Certification of No Objection 

and Second Notice Changes 

dated December 20, 2013

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Attachment 34

Notice of Adopted Amendments

Illinois Register Publication

38 Ill. Reg. 1005, 1032 and 1061

January 10, 2014

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Illinois Ozone SIP Revision - Vehicle Refuleing Vapor Recovery Program: Attachments Page - 1252
ILLINOIS 

REGISTER RULES 

OF GOVERNMENTAL 

AGENCIES 

PUBLISHED BY JESSE WHITE • SECRETARY OF STATE 

Index Department

Administrative Code Division

111 E. Monroe St.

Springfield, IL 62756

217-782-7017

www.cyberdriveillinois.com

Printed on recycled paper 

Illinois Ozone SIP Revision - Vehicle Refuleing Vapor Recovery Program: Attachments Page - 1253
TABLE OF CONTENTS

January 10, 2014 Volume 38, Issue 2

PROPOSED RULES

CHILDREN AND FAMILY SERVICES, DEPARTMENT OF 

Reports of Child Abuse and Neglect 

89 Ill. Adm. Code 300......................................................................608 

Use of Department Facilities and Grounds 

89 Ill. Adm. Code 433......................................................................610 

COMMERCE COMMISSION, ILLINOIS 

The Preservation of Records of Telephone Utilities (General Order 188) 

83 Ill. Adm. Code 705.....................................................................614 

Tariff Filings 

83 Ill. Adm. Code 745.....................................................................671 

INSURANCE, DEPARTMENT OF 

IRS Qualification Status Requirements for Article 3 Police Pension 

Funds 

50 Ill. Adm. Code 4440...................................................................679 

IRS Qualification Status Requirements for Article 4 Firefighter Pension Funds 

50 Ill. Adm. Code 4445...................................................................686 

POLLUTION CONTROL BOARD 

Primary Drinking Water Standards 

35 Ill. Adm. Code 611.....................................................................693 

PROPERTY TAX APPEAL BOARD 

Practice and Procedure for Appeals Before the Property Tax Appeal 

Board 

86 Ill. Adm. Code 1910...................................................................788 

REVENUE, DEPARTMENT OF

Income Tax 

86 Ill. Adm. Code 100.....................................................................832 

ADOPTED RULES

GAMING BOARD, ILLINOIS 

Video Gaming (General) 

11 Ill. Adm. Code 1800...................................................................849 

HEALTHCARE AND FAMILY SERVICES, DEPARTMENT OF 

Medical Payment 

89 Ill. Adm. Code 140.....................................................................859 

Hospital Reimbursement Changes 

89 Ill. Adm. Code 152.....................................................................882 

NATURAL RESOURCES, DEPARTMENT OF 

Falconry and the Captive Propagation of Raptors 

17 Ill. Adm. Code 1590...................................................................895 

Construction in Floodways of Rivers, Lakes and Streams 

17 Ill. Adm. Code 3700...................................................................934 

Illinois Ozone SIP Revision - Vehicle Refuleing Vapor Recovery Program: Attachments Page - 1254
Construction and Maintenance of Dams 

17 Ill. Adm. Code 3702...................................................................949 

Regulation of Public Waters

17 Ill. Adm. Code 3704...................................................................966 

Floodway Construction in Northeastern Illinois 

17 Ill. Adm. Code 3708...................................................................983 

Rules Establishing Horizontal and Vertical Clearances for Bridges 

Over the Fox River 

17 Ill. Adm. Code 3720...................................................................1001 

POLLUTION CONTROL BOARD 

Permits and General Provisions 

35 Ill. Adm. Code 201.....................................................................1005 

Organic Material Emission Standards and Limitations for the 

Chicago Area 

35 Ill. Adm. Code 218.....................................................................1032 

Organic Material Emission Standards and Limitations for the Metro East Area 

35 Ill. Adm. Code 219.....................................................................1061 

EMERGENCY RULES

CHILDREN AND FAMILY SERVICES, DEPARTMENT OF 

Reports of Child Abuse and Neglect 

89 Ill. Adm. Code 300.....................................................................1100 

HEALTHCARE AND FAMILY SERVICES, DEPARTMENT OF 

Medical Assistance Programs 

89 Ill. Adm. Code 120.....................................................................1139 

Children's Health Insurance Program 

89 Ill. Adm. Code 125.....................................................................1153 

Medical Payment

89 Ill. Adm. Code 140.....................................................................1174 

Reimbursement for Nursing Costs for Geriatric Facilities 

89 Ill. Adm. Code 147.....................................................................1205 

OTHER INFORMATION REQUIRED BY LAW TO BE PUBLISHED IN THE ILLINOIS 

REGISTER

HEALTHCARE AND FAMILY SERVICES, DEPARTMENT OF 

Notice of Public Information..................................................................1380 

JOINT COMMITTEE ON ADMINISTRATIVE RULES AGENDA

JOINT COMMITTEE ON ADMINISTRATIVE RULES 

January Agenda......................................................................................1381 

SECOND NOTICES RECEIVED

JOINT COMMITTEE ON ADMINISTRATIVE RULES 

Second Notices Received.......................................................................1387 

EXECUTIVE ORDERS AND PROCLAMATIONS

PROCLAMATIONS 

Lynch Syndrome Hereditary Cancer Awareness Day 

2013-435..........................................................................................1388 

Mayor John Rednour Day 

Illinois Ozone SIP Revision - Vehicle Refuleing Vapor Recovery Program: Attachments Page - 1255
2013-436..........................................................................................1388 

Children's Vaccination Awareness Week 

2013-437..........................................................................................1389 

DCFS Latino Advisory Committee Family Institute Day 

2013-438.........................................................................................1391 

Don McLean Day 

2013-439.........................................................................................1391 

Judy Collins Day 

2013-440.........................................................................................1393 

Reverend Willie T. Barrow Day 

2013-441.........................................................................................1394 

Pearl Harbor Remembrance Day 

2013-442.........................................................................................1394 

Pedro Medina Day 

2013-443.........................................................................................1395 

Chicago Force Women's Tackle Football Team Day 

2013-444.........................................................................................1396 

Illinois Road & Transportation Builders Association Day 

2013-445.........................................................................................1398 

Mike Ditka Day 

2013-446.........................................................................................1399 

Crime Stoppers of Lake County Month 

2013-447.........................................................................................1400 

Sadd Shines Day 

2013-448.........................................................................................1401 

Financial Fitness Fridays 

2013-449.........................................................................................1401 

Brett Eldredge Day 

2013-450.........................................................................................1402 

Tobacco Free Kids Day 

2013-451.........................................................................................1404 

Illinois Society of Association Executives Day 

2013-452.........................................................................................1404 

The Universal Hour of Peace 

2013-453.........................................................................................1405 

Cervical Cancer Awareness Month 

2013-454.........................................................................................1406 

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 ILLINOIS REGISTER 1006

 13

POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

15) Summary and Purpose of Rulemaking: Part 201 (35 Ill. Adm. Code 201) needed various 

clarifying and streamlining amendments to requirements for permitting and annual 

emissions reporting. Permitting exemptions are maintained. Also, permitting exemptions 

and "insignificant activities" are added for certain affected sources, which removes the 

permitting requirement or removes or lessens permit application, reporting, or 

recordkeeping requirements. Over 600 facilities Statewide may be eligible for the 

expanded exemptions from permitting as a result of the amendments to Part 201. 

In this rulemaking, the Board phases out the Stage II vapor recovery (gasoline dispensing 

to motor vehicles at gasoline dispensing facilities (GDFs)) (35 Ill. Adm. Code 218.586) 

program, including the Stage II registration provision (35 Ill. Adm. Code 218.586(h)). In 

addition, the Board repeals the Stage I vapor recovery (storage tank filling at GDFs) (35 

Ill. Adm. Code 218.583(e) and 219.583(e)) registration provisions due to overlapping 

federal notification requirements and other State tracking systems for GDFs. The 

available permitting exemptions (currently conditioned upon registration) provided by 

these Stage I and II registration provisions are relocated to 35 Ill. Adm. Code 201.146(l). 

The new, combined Stage I and II permitting exemption at Section 201.146(l) does not 

require registration and expands the exemption to include non-retail Stage I operations 

not previously exempted. Additionally, the amendments clarify Sections 201.146(n) and 

(nn), and repeal Section 201.146(kk) as it is no longer necessary. Also, the amendments 

establish an "insignificant activity" for gasoline storage tanks with a capacity of less than 

2,000 gallons at Section 201.210(a)(10)(B). The amendments also establish an 

insignificant activity for fuel dispensing at Section 201.210(a)(19). The amendments 

clarify Section 201.210(b)(4). Further, the amendments clarify the requirement for 

annual emissions reports at Section 201.302. For further details, please see the Board's 

opinion and order of December 19, 2013, in the rulemaking captioned "Vapor Recovery 

Rules: Amendments to 35 Ill. Adm. Code Parts 201, 218, and 219," docket R13-18. 

16) Information and questions regarding this adopted rulemaking shall be directed to: 

 Richard McGill 

Illinois Pollution Control Board 

100 W. Randolph Street, Suite 11-500 

Chicago, IL 60601 

312/814-6983 

richard.mcgill@illinois.gov 

Illinois Ozone SIP Revision - Vehicle Refuleing Vapor Recovery Program: Attachments Page - 1258
 ILLINOIS REGISTER 1007

 13

POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

Copies of the Board's opinions and orders may be requested from the Clerk of the Board 

at the address listed in #8 above or by calling 312-814-3620. Please refer to the docket 

number, R13-18, in your request. The Board's opinions and orders are also available 

from the Board's website (www.ipcb.state.il.us). 

 

The full text of the Adopted Amendments begins on the next page: 

Illinois Ozone SIP Revision - Vehicle Refuleing Vapor Recovery Program: Attachments Page - 1259
 ILLINOIS REGISTER 1008

 13

POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

TITLE 35: ENVIRONMENTAL PROTECTION 

SUBTITLE B: AIR POLLUTION 

CHAPTER I: POLLUTION CONTROL BOARD 

SUBCHAPTER a: PERMITS AND GENERAL PROVISIONS 

PART 201 

PERMITS AND GENERAL PROVISIONS 

SUBPART A: DEFINITIONS 

Section 

201.101 Other Definitions 

201.102 Definitions 

201.103 Abbreviations and Units 

201.104 Incorporations by Reference 

SUBPART B: GENERAL PROVISIONS 

Section 

201.121 Existence of Permit No Defense 

201.122 Proof of Emissions 

201.123 Burden of Persuasion Regarding Exceptions 

201.124 Annual Report 

201.125 Severability 

201.126 Repealer 

SUBPART C: PROHIBITIONS 

Section 

201.141 Prohibition of Air Pollution 

201.142 Construction Permit Required 

201.143 Operating Permits for New Sources 

201.144 Operating Permits for Existing Sources 

201.146 Exemptions from State Permit Requirements 

201.147 Former Permits 

201.148 Operation Without Compliance Program and Project Completion Schedule 

201.149 Operation During Malfunction, Breakdown or Startups 

201.150 Circumvention 

Illinois Ozone SIP Revision - Vehicle Refuleing Vapor Recovery Program: Attachments Page - 1260
 ILLINOIS REGISTER 1009

 13

POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

201.151 Design of Effluent Exhaust Systems 

SUBPART D: PERMIT APPLICATIONS AND REVIEW PROCESS 

Section 

201.152 Contents of Application for Construction Permit 

201.153 Incomplete Applications (Repealed) 

201.154 Signatures (Repealed) 

201.155 Standards for Issuance (Repealed) 

201.156 Conditions 

201.157 Contents of Application for Operating Permit 

201.158 Incomplete Applications 

201.159 Signatures 

201.160 Standards for Issuance 

201.161 Conditions 

201.162 Duration 

201.163 Joint Construction and Operating Permits 

201.164 Design Criteria 

201.165 Hearings 

201.166 Revocation 

201.167 Revisions to Permits 

201.168 Appeals from Conditions 

201.169 Special Provisions for Certain Operating Permits 

201.170 Portable Emission Units 

201.175 Registration of Smaller Sources (ROSS) 

SUBPART E: SPECIAL PROVISIONS FOR OPERATING 

PERMITS FOR CERTAIN SMALLER SOURCES 

Section 

201.180 Applicability (Repealed) 

201.181 Expiration and Renewal (Repealed) 

201.187 Requirement for a Revised Permit (Repealed) 

SUBPART F: CAAPP PERMITS 

Section 

201.207 Applicability 

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201.208 Supplemental Information 

201.209 Emissions of Hazardous Air Pollutants 

201.210 Categories of Insignificant Activities or Emission Levels 

201.211 Application for Classification as an Insignificant Activity 

201.212 Revisions to Lists of Insignificant Activities or Emission Levels 

SUBPART G: EXPERIMENTAL PERMITS (Reserved) 

SUBPART H: COMPLIANCE PROGRAMS AND 

PROJECT COMPLETION SCHEDULES 

Section 

201.241 Contents of Compliance Program 

201.242 Contents of Project Completion Schedule 

201.243 Standards for Approval 

201.244 Revisions 

201.245 Effects of Approval 

201.246 Records and Reports 

201.247 Submission and Approval Dates 

SUBPART I: MALFUNCTIONS, BREAKDOWNS OR STARTUPS 

Section 

201.261 Contents of Request for Permission to Operate During a Malfunction, Breakdown 

or Startup 

201.262 Standards for Granting Permission to Operate During a Malfunction, Breakdown 

or Startup 

201.263 Records and Reports 

201.264 Continued Operation or Startup Prior to Granting of Operating Permit 

201.265 Effect of Granting of Permission to Operate During a Malfunction, Breakdown or 

Startup 

SUBPART J: MONITORING AND TESTING 

Section 

201.281 Permit Monitoring Equipment Requirements 

201.282 Testing 

201.283 Records and Reports 

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NOTICE OF ADOPTED AMENDMENTS 

SUBPART K: RECORDS AND REPORTS 

Section 

201.301 Records 

201.302 Reports 

SUBPART L: CONTINUOUS MONITORING 

Section 

201.401 Continuous Monitoring Requirements 

201.402 Alternative Monitoring 

201.403 Exempt Sources 

201.404 Monitoring System Malfunction 

201.405 Excess Emission Reporting 

201.406 Data Reduction 

201.407 Retention of Information 

201.408 Compliance Schedules 

201.APPENDIX A Rule into Section Table 

201.APPENDIX B Section into Rule Table 

201.APPENDIX C Past Compliance Dates 

AUTHORITY: Implementing Sections 10, 39 and 39.5 and authorized by Section 27 of the 

Environmental Protection Act [415 ILCS 5/10, 27, 39 and 39.5].

SOURCE: Adopted as Chapter 2: Air Pollution, Part I: General Provisions, in R71-23, 4 PCB 

191, filed and effective April 14, 1972; amended in R78-3 and 4, 35 PCB 75 and 243, at 3 Ill. 

Reg. 30, p. 124, effective July 28, 1979; amended in R80-5, at 7 Ill. Reg. 1244, effective January 

21, 1983; codified at 7 Ill. Reg. 13579; amended in R82-1 (Docket A) at 10 Ill. Reg. 12628, 

effective July 7, 1986; amended in R87-38 at 13 Ill. Reg. 2066, effective February 3, 1989; 

amended in R89-7(A) at 13 Ill. Reg. 19444, effective December 5, 1989; amended in R89-7(B) 

at 15 Ill. Reg. 17710, effective November 26, 1991; amended in R93-11 at 17 Ill. Reg. 21483, 

effective December 7, 1993; amended in R94-12 at 18 Ill. Reg. 15002, effective September 21, 

1994; amended in R94-14 at 18 Ill. Reg. 15760, effective October 17, 1994; amended in R96-17 

at 21 Ill. Reg. 7878, effective June 17, 1997; amended in R98-13 at 22 Ill. Reg. 11451, effective 

June 23, 1998; amended in R98-28 at 22 Ill. Reg. 11823, effective July 31, 1998; amended in 

R02-10 at 27 Ill. Reg. 5820, effective March 21, 2003; amended in R05-19 and R05-20 at 30 Ill. 

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NOTICE OF ADOPTED AMENDMENTS 

Reg. 4901, effective March 3, 2006; amended in R07-19 at 33 Ill. Reg. 11965, effective August 

6, 2009; amended in R10-21 at 34 Ill. Reg. 19575, effective December 1, 2010; amended in R12-

10 at 35 Ill. Reg. 19790, effective December 5, 2011; amended in R13-18 at 38 Ill. Reg. 1005, 

effective December 23, 2013. 

SUBPART C: PROHIBITIONS 

Section 201.146 Exemptions from State Permit Requirements 

Construction or operating permits, pursuant to Sections 201.142, 201.143 and 201.144 of this 

Part, are not required for the classes of equipment and activities listed below in this Section. The 

permitting exemptions in this Section do not relieve the owner or operator of any source from 

any obligation to comply with any other applicable requirements, including the obligation to 

obtain a permit pursuant to Sections 9.1(d) and 39.5 of the Act, sections 165, 173 and 502 of the 

Clean Air Act or any other applicable permit or registration requirements. 

a) Air contaminant detectors or recorders, combustion controllers or combustion 

shutoffs; 

b) Air conditioning or ventilating equipment not designed to remove air 

contaminants generated by or released from associated equipment; 

c) Each fuel burning emission unit for indirect systems and for heating and reheating 

furnace systems used exclusively for residential, or commercial establishments 

using gas and/or fuel oil exclusively with a design heat input capacity of less than 

14.6 MW (50 mmbtu/hr), except that a permit shall be required for any such 

emission unit with a design heat input capacity of at least 10 mmbtu/hr that was 

constructed, reconstructed or modified after June 9, 1989 and that is subject to 40 

CFR 60, subpart D; 

d) Each fuel burning emission unit other than those listed in subsection (c) of this 

Section for direct systems used for comfort heating purposes and indirect heating 

systems with a design heat input capacity of less than 2930 kW (10 mmbtu/hr); 

e) Internal combustion engines or boilers (including the fuel system) of motor 

vehicles, locomotives, air craft, watercraft, lifttrucks and other vehicles powered 

by nonroad engines; 

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f) Bench scale laboratory equipment and laboratory equipment used exclusively for 

chemical and physical analysis, including associated laboratory fume hoods, 

vacuum producing devices and control devices installed primarily to address 

potential accidental releases; 

g) Coating operations located at a source using not in excess of 18,925 1 (5,000 gal) 

of coating (including thinner) per year; 

h) Any emission unit acquired exclusively for domestic use, except that a permit 

shall be required for any incinerator and for any fuel combustion emission unit 

using solid fuel with a design heat input capacity of 14.6 MW (50 mmbtu/hr) or 

more; 

i) Any stationary internal combustion engine with a rated power output of less than 

1118 kW (1500 bhp) or stationary turbine, except that a permit shall be required 

for the following: 

1) Any internal combustion engine with a rating at equal to or greater than 

500 bhp output that is subject to the control requirements of 35 Ill. Adm. 

Code 217.388(a) or (b); or 

2) Any stationary gas turbine engine with a rated heat input at peak load of 

10.7 gigajoules/hr (10 mmbtu/hr) or more that is constructed, 

reconstructed or modified after October 3, 1977 and that is subject to 

requirements of 40 CFR 60, subpart GG; 

j) Rest room facilities and associated cleanup operations, and stacks or vents used to 

prevent the escape of sewer gases through plumbing traps; 

k) Safety devices designed to protect life and limb, provided that a permit is not 

otherwise required for the emission unit with which the safety device is 

associated; 

l) Storage tanks and fuel dispensing equipment that are both used for the dispensing 

of fuel to mobile sources, including on-road and off-road vehicles, for use in such 

mobile sourcesStorage tanks for liquids for retail dispensing except for storage 

tanks that are subject to the requirements of 35 Ill. Adm. Code 215.583(a)(2), 

218.583(a)(2) or 219.583(a)(2); 

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m) Printing operations with aggregate organic solvent usage that never exceeds 2,839 

l (750 gal) per year from all printing lines at the source, including organic solvent 

from inks, dilutents, fountain solutions and cleaning materials; 

n) Storage tanks of: 

1) Organic liquids with a capacity of less than 37,850 l (10,000 gal), 

provided the storage tank is not used to store any amount of material or 

mixture of any material listed as a hazardous air pollutant pursuant to 

section 112(b) of the Clean Air Act, and provided the storage tank is not 

subject to the requirements of 35 Ill. Adm. Code 215.583(a)(2), 

218.583(a)(2) or 219.583(a)(2); 

2) Any size containing exclusively soaps, detergents, surfactants, waxes, 

glycerin, vegetable oils, greases, animal fats, sweetener, corn syrup, 

aqueous salt solutions or aqueous caustic solutions, provided an organic 

solvent has not been mixed with such materials; or 

3) Any size containing virgin or re-refined distillate oil (including kerosene 

and diesel fuel), hydrocarbon condensate from natural gas pipeline or 

storage systems, lubricating oil or residual fuel oils; 

o) Threaded pipe connections, vessel manways, flanges, valves, pump seals, pressure 

relief valves, pressure relief devices and pumps; 

p) Sampling connections used exclusively to withdraw materials for testing and 

analyses; 

q) All storage tanks of Illinois crude oil with capacity of less than 151,400 1 (40,000 

gal) located on oil field sites; 

r) All organic material-water single or multiple compartment effluent water 

separator facilities for Illinois crude oil of vapor pressure of less than 34.5 kPa 

absolute (5 psia); 

s) Grain-handling operations, exclusive of grain-drying operations, with an annual 

grain through-put not exceeding 300,000 bushels; 

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t) Grain-drying operations with a total grain-drying capacity not exceeding 750 

bushels per hour for 5% moisture extraction at manufacturer's rated capacity, 

using the American Society of Agricultural Engineers Standard 248.2, Section 9, 

Basis for Stating Drying Capacity of Batch and Continuous-Flow Grain Dryers; 

u) Portable grain-handling equipment and one-turn storage space; 

v) Cold cleaning degreasers that are not in-line cleaning machines, where the vapor 

pressure of the solvents used never exceeds 2 kPa (15 mmHg or 0.3 psi) measured 

at 38°C (100°F) or 0.7 kPa (5 mmHg or 0.1 psi) at 20°C (68°F); 

w) Coin-operated dry cleaning operations; 

x) Dry cleaning operations at a source that consume less than 30 gallons per month 

of perchloroethylene; 

y) Brazing, soldering, wave soldering or welding equipment, including associated 

ventilation hoods; 

z) Cafeterias, kitchens, and other similar facilities, including smokehouses, used for 

preparing food or beverages, but not including facilities used in the manufacturing 

and wholesale distribution of food, beverages, food or beverage products, or food 

or beverage components; 

aa) Equipment for carving, cutting, routing, turning, drilling, machining, sawing, 

surface grinding, sanding, planing, buffing, sand blast cleaning, shot blasting, shot 

peening, or polishing ceramic artwork, leather, metals (other than beryllium), 

plastics, concrete, rubber, paper stock, wood or wood products, where such 

equipment is either: 

1) Used for maintenance activity; 

2) Manually operated; 

3) Exhausted inside a building; or 

4) Vented externally with emissions controlled by an appropriately operated 

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cyclonic inertial separator (cyclone), filter, electro-static precipitor or a 

scrubber; 

bb) Feed mills that produce no more than 10,000 tons of feed per calendar year, 

provided that a permit is not otherwise required for the source pursuant to Section 

201.142, 201.143 or 201.144; 

cc) Extruders used for the extrusion of metals, minerals, plastics, rubber or wood, 

excluding: 

1) Extruders used in the manufacture of polymers; 

2) Extruders using foaming agents or release agents that contain volatile 

organic materials or Class I or II substances subject to the requirements of 

Title VI of the Clean Air Act; and 

3) Extruders processing scrap material that was produced using foaming 

agents containing volatile organic materials or Class I or II substances 

subject to the requirements of Title VI of the Clean Air Act; 

dd) Furnaces used for melting metals, other than beryllium, with a brim full capacity 

of less than 450 cubic inches by volume; 

ee) Equipment used for the melting or application of less than 22,767 kg/yr (50,000 

lbs/yr) of wax to which no organic solvent has been added; 

ff) Equipment used for filling drums, pails or other packaging containers, excluding 

aerosol cans, with soaps, detergents, surfactants, lubricating oils, waxes, vegetable 

oils, greases, animal fats, glycerin, sweeteners, corn syrup, aqueous salt solutions 

or aqueous caustic solutions, provided an organic solvent has not been mixed with 

such materials; 

gg) Loading and unloading systems for railcars, tank trucks, or watercraft that handle 

only the following liquid materials: soaps, detergents, surfactants, lubricating 

oils, waxes, glycerin, vegetable oils, greases, animal fats, sweetener, corn syrup, 

aqueous salt solutions or aqueous caustic solutions, provided an organic solvent 

has not been mixed with such materials; 

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hh) Equipment used for the mixing and blending of materials at ambient temperatures 

to make water based adhesives, provided each material mixed or blended contains 

less than 5% organic solvent by weight; 

ii) Die casting machines where a metal or plastic is formed under pressure in a die 

located at a source with a through-put of less than 2,000,000 lbs of metal or 

plastic per year, in the aggregate, from all die casting machines; 

jj) Air pollution control devices used exclusively with other equipment that is 

exempt from permitting, as provided in this Section; 

kk) (Reserved)An emission unit for which a registration system designed to identify 

sources and emission units subject to emission control requirements is in place, 

such as the registration system found at 35 Ill. Adm. Code 218.586 (Gasoline 

Dispensing Operations – Motor Vehicle Fueling Operations) and 35 Ill. Adm. 

Code 218, Subpart HH (Motor Vehicle Refinishing); 

ll) Photographic process equipment by which an image is reproduced upon material 

sensitized to radiant energy; 

mm) Equipment used for hydraulic or hydrostatic testing; 

nn) General vehicle maintenance and servicing activities conducted at a source, motor 

vehicle repair shops, and motor vehicle body shops, but not including motor 

vehicle refinishing;: 

1) Gasoline fuel handling; and 

2) Motor vehicle refinishing;

oo) Equipment using water, water and soap or detergent, or a suspension of abrasives 

in water for purposes of cleaning or finishing, provided no organic solvent has 

been added to the water; 

pp) Administrative activities including, but not limited to, paper shredding, copying, 

photographic activities and blueprinting machines. This does not include 

incinerators; 

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qq) Laundry dryers, extractors, and tumblers processing that have been cleaned with 

water solutions of bleach or detergents that are: 

1) Located at a source and process clothing, bedding and other fabric items 

used at the source, provided that any organic solvent present in such items 

before processing that is retained from cleanup operations shall be 

addressed as part of the VOM emissions from use of cleaning materials; 

2) Located at a commercial laundry; or 

3) Coin operated; 

rr) Housekeeping activities for cleaning purposes, including collecting spilled and 

accumulated materials, including operation of fixed vacuum cleaning systems 

specifically for such purposes, but not including use of cleaning materials that 

contain organic solvent; 

ss) Refrigeration systems, including storage tanks used in refrigeration systems, but 

excluding any combustion equipment associated with such systems; 

tt) Activities associated with the construction, on-site repair, maintenance or 

dismantlement of buildings, utility lines, pipelines, wells, excavations, earthworks 

and other structures that do not constitute emission units; 

uu) Piping and storage systems for natural gas, propane and liquefied petroleum gas; 

vv) Water treatment or storage systems, as follows: 

1) Systems for potable water or boiler feedwater; 

2) Systems, including cooling towers, for process water, provided that such 

water has not been in direct or indirect contact with process streams that 

contain volatile organic material or materials listed as hazardous air 

pollutants pursuant to section 112(b) of the Clean Air Act; 

ww) Lawn care, landscape maintenance and grounds keeping activities; 

xx) Containers, reservoirs or tanks used exclusively in dipping operations to coat 

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objects with oils, waxes or greases, provided no organic solvent has been mixed 

with such materials; 

yy) Use of consumer products, including hazardous substances as that term is defined 

in the Federal Hazardous Substances Act (15 USC 1261 et seq.), where the 

product is used at a source in the same manner as normal consumer use; 

zz) Activities directly used in the diagnosis and treatment of disease, injury or other 

medical condition; 

aaa) Activities associated with the construction, repair or maintenance of roads or 

other paved or open areas, including operation of street sweepers, vacuum trucks, 

spray trucks and other vehicles related to the control of fugitive emissions of such 

roads or other areas; 

bbb) Storage and handling of drums or other transportable containers, where the 

containers are sealed during storage and handling; 

ccc) Activities at a source associated with the maintenance, repair or dismantlement of 

an emission unit or other equipment installed at the source, not including the 

shutdown of the unit or equipment, including preparation for maintenance, repair 

or dismantlement, and preparation for subsequent startup, including preparation of 

a shutdown vessel for entry, replacement of insulation, welding and cutting, and 

steam purging of a vessel prior to startup; 

ddd) Equipment used for corona arc discharge surface treatment of plastic with a power 

rating of 5 kW or less or equipped with an ozone destruction device; 

eee) Equipment used to seal or cut plastic bags for commercial, industrial or domestic 

use; 

fff) Each direct-fired gas dryer used for a washing, cleaning, coating or printing line, 

excluding: 

1) Dryers with a rated heat input capacity of 2930 kW (10 mmbtu/hr) or 

more; and 

2) Dryers for which emissions other than those attributable to combustion of 

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fuel in the dryer, including emissions attributable to use or application of 

cleaning agents, washing materials, coatings or inks or other process 

materials that contain volatile organic material are not addressed as part of 

the permitting of such line, if a permit is otherwise required for the line; 

ggg) Municipal solid waste landfills with a maximum total design capacity of less than 

2.5 million Mg or 2.5 million m3 that are not required to install a gas collection 

and control system pursuant to 35 Ill. Adm. Code 220 or 800 through 849 or 

Section 9.1 of the Act; 

hhh) Replacement or addition of air pollution control equipment for existing emission 

units in circumstances where: 

1) The existing emission unit is permitted and has operated in compliance for 

the past year; 

2) The new control equipment will provide equal or better control of the 

target pollutants; 

3) The new control device will not be accompanied by a net increase in 

emissions of any non-targeted criteria air pollutant; 

4) Different State or federal regulatory requirements or newly proposed 

regulatory requirements will not apply to the unit; and 

BOARD NOTE: All sources must comply with underlying federal 

regulations and future State regulations. 

5) Where the existing air pollution control equipment had required 

monitoring equipment, the new air pollution control equipment will be 

equipped with the instrumentation and monitoring devices that are 

typically installed on the new equipment of that type. 

BOARD NOTE: For major sources subject to Section 39.5 of the Act, 

where the new air pollution control equipment will require a different 

compliance determination method in the facility's CAAPP permit, the 

facility may need a permit modification to address the changed 

compliance determination method; 

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iii) Replacement, addition, or modification of emission units at facilities with 

federally enforceable State operating permits limiting their potential to emit in 

circumstances where: 

1) The potential to emit any regulated air pollutant in the absence of air 

pollution control equipment from the new emission unit, or the increase in 

the potential to emit resulting from the modification of any existing 

emission unit, is less than 0.1 pound per hour or 0.44 tons per year; 

2) The raw materials and fuels used or present in the emission unit that cause 

or contribute to emissions, based on the information contained in Material 

Safety Data Sheets for those materials, do not contain equal to or greater 

than 0.01 percent by weight of any hazardous air pollutant as defined 

under section 112(b) of the federal Clean Air Act; 

3) The emission unit or modification is not subject to an emission standard or 

other regulatory requirement pursuant to section 111 of the federal Clean 

Air Act; 

4) Potential emissions of regulated air pollutants from the emission unit or 

modification will not, in combination with emissions from existing units 

or other proposed units, trigger permitting requirements under Section 

39.5, permitting requirements under section 165 or 173 of the federal 

Clean Air Act, or the requirement to obtain a revised federally enforceable 

State operating permit limiting the source's potential to emit; and 

5) The source is not currently the subject of a Non-compliance Advisory, 

Clean Air Act Section 114 Request, Violation Notice, Notice of Violation, 

Compliance Commitment Agreement, Administrative Order, or civil or 

criminal enforcement action, related to the air emissions of the source; 

jjj) Replacement, addition, or modification of emission units at permitted sources that 

are not major sources subject to Section 39.5 of the Act and that do not have a 

federally enforceable State operating permit limiting their potential to emit, in 

circumstances where: 

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1) The potential to emit of any regulated air pollutant in the absence of air 

pollution control equipment from the new emission unit, or the increase in 

the potential to emit resulting from the modification of any existing 

emission unit is either:

A) Less than 0.1 pound per hour or 0.44 tons per year; or 

B) Less than 0.5 pound per hour, and the permittee provides prior 

notification to the Agency of the intent to construct or install the 

unit. The unit may be constructed, installed or modified 

immediately after the notification is filed; 

2) The emission unit or modification is not subject to an emission standard or 

other regulatory requirement under section 111 or 112 of the federal Clean 

Air Act; 

3) Potential emissions of regulated air pollutants from the emission unit or 

modification will not, in combination with the emissions from existing 

units or other proposed units, trigger permitting requirements under 

Section 39.5 of the Act or the requirement to obtain a federally 

enforceable permit limiting the source's potential to emit; and 

4) The source is not currently the subject of a Non-compliance Advisory, 

Clean Air Act Section 114 Request, Violation Notice, Notice of Violation, 

Compliance Commitment Agreement, Administrative Order, or civil or 

criminal enforcement action, related to the air emissions of the source; 

kkk) The owner or operator of a CAAPP source is not required to obtain an air 

pollution control construction permit for the construction or modification of an 

emission unit or activity that is an insignificant activity as addressed by Section 

201.210 or 201.211 of this Part. Section 201.212 of this Part must still be 

followed, as applicable. Other than excusing the owner or operator of a CAAPP 

source from the requirement to obtain an air pollution control construction permit 

for the emission units or activities, nothing in this subsection shall alter or affect 

the liability of the CAAPP source for compliance with emission standards and 

other requirements that apply to the emission units or activities, either 

individually or in conjunction with other emission units or activities constructed, 

modified or located at the source; 

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lll) Plastic injection molding equipment with an annual through-put not exceeding 

5,000 tons of plastic resin in the aggregate from all plastic injection molding 

equipment at the source, and all associated plastic resin loading, unloading, 

conveying, mixing, storage, grinding, and drying equipment and associated mold 

release and mold cleaning agents. 

(Source: Amended at 38 Ill. Reg. 1005, effective December 23, 2013) 

SUBPART F: CAAPP PERMITS 

Section 201.210 Categories of Insignificant Activities or Emission Levels

a) The owner or operator of a CAAPP source, pursuant to 35 Ill. Adm. Code 270, 

shall submit to the Agency within its CAAPP application a list of the following 

activities or emission levels: 

1) Any emission unit determined to be an insignificant activity by the 

Agency pursuant to Section 201.211 of this Part; 

2) Emission units with emissions that never exceed 0.1 lbs/hr of any 

regulated air pollutant in the absence of air pollution control equipment 

and that do not emit any air pollutant listed as hazardous pursuant to 

sectionSection 112(b) of the Clean Air Act; 

3) Emission units with emissions that never exceed 0.44 tons/year of any 

regulated air pollutant in the absence of air pollution control equipment 

and that do not emit any air pollutant listed as hazardous pursuant to 

sectionSection 112(b) of the Clean Air Act; 

4) Direct combustion units designed and used for comfort heating purposes 

and fuel combustion emission units as follows: 

A) Units with a rated heat input capacity of less than 2.5 mmbtu/hr 

that fire only natural gas, propane or liquefied petroleum gas; 

B) Units with a rated heat input capacity of less than 1.0 mmbtu/hr 

that fire only oil or oil in combination with only natural gas, 

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propane, or liquefied petroleum gas; 

C) Units with a rated capacity of less than 200,000 btu/hr which never 

burn refuse or treated or chemically contaminated wood; 

5) Extruders used for the extrusion of metals, minerals, plastics, rubber, or 

wood, excluding extruders used in the manufacture of polymers, provided 

that volatile organic materials or class I or II substances subject to the 

requirements of Title VI of the Clean Air Act are not used as foaming 

agents or release agents or were not used as foaming agents in the case of 

extruders processing scrap material; 

6) Furnaces used for melting metals other than beryllium with a brim full 

capacity of less than 450 cubic inches by volume; 

7) Equipment used for the melting or application of less than 50,000 lbs/yr of 

wax to which no organic solvent has been added; 

8) Equipment used for filling drums, pails or other packaging containers, 

excluding aerosol cans, with soaps, detergents, surfactants, lubricating 

oils, waxes, vegetable oils, greases, animal fats, glycerin, sweeteners, corn 

syrup, aqueous salt solutions, or aqueous caustic solutions; 

9) Equipment used for the mixing and blending of materials at ambient 

temperature to make water based adhesives provided each material 

contains less than 5% organic solvent by weight; 

10) Storage tanks, as follows:

A) Storage tanks of organic liquids with a capacity of less than 10,000 

gallons and an annual throughput of less than 100,000 gallons 

provided the tank is not used for the storage of any amount of 

gasoline, including gasoline/ethanol blend fuels, or any amount of 

material or mixture of any material listed as a hazardous air 

pollutant pursuant to sectionSection 112(b) of the Clean Air Act; 

B) Storage tanks of gasoline, including gasoline/ethanol blend fuels, 

with a capacity of less than 2000 gallons;

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11) Storage tanks of virgin or rerefined distillate oil (including kerosene and 

diesel fuel), hydrocarbon condensate from natural gas pipeline or storage 

systems, lubricating oil, or residual fuel oils; 

12) Die casting machines where a metal or plastic is formed under pressure in 

a die; 

13) Coating operations (excluding powder, architectural and industrial 

maintenance coating) with aggregate VOM usage that never exceeds 15 

lbs/day from all coating lines at the source, including VOM from coating, 

dilutents, and cleaning materials; 

14) Printing operations with aggregate organic solvent usage that never 

exceeds 750 gallons per year from all printing lines at the source, 

including organic solvent from inks, dilutents, fountain solutions, and 

cleaning materials; 

15) Gas turbines and stationary reciprocating internal combustion engines of 

less than 112 kW (150 horsepower) power output; 

16) Gas turbines and stationary reciprocating internal combustion engines of 

between 1118 and 112 kW (1500 and 150 horsepower) power output that 

are emergency or standby units; 

17) Storage tanks of any size containing exclusively soaps, detergents, 

surfactants, waxes, glycerin, vegetable oils, greases, animal fats, 

sweetener, corn syrup, aqueous salt solutions, or aqueous caustic solutions 

provided an organic solvent has not been mixed with such materials; and 

18) Loading and unloading systems for railcars, tank trucks, or watercraft that 

handle only the following liquid materials provided an organic solvent has 

not been mixed with such materials: soaps, detergents, surfactants, 

lubricating oils, waxes, glycerin, vegetable oils, greases, animal fats, 

sweetener, corn syrup, aqueous salt solutions, or aqueous caustic 

solutions; and. 

19) Fuel dispensing operations and fuel dispensing equipment for the fuels 

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POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

specified in subsections (a)(19)(A) and (B), for mobile sources, including 

on-road and off-road vehicles, for use in those mobile sources. For 

purposes of this subsection (a)(19), fuel dispensing equipment means 

equipment for transferring fuel to a mobile source, including nozzles, 

hoses, swivels, breakaways, hose retractors, vapor valves, dispensers, 

vacuum-assist devices, vapor-return piping, and liquid collection points. 

Storage tanks and storage tank equipment are not included in fuel 

dispensing operations or fuel dispensing equipment and are addressed 

separately. 

A) Gasoline, including gasoline/ethanol blend fuels, if the annual 

throughput of the fuel dispensed is less than 120,000 gallons 

(rolling 12 month total). 

B) Distillate oil (including kerosene and diesel fuel), biodiesel, and 

biodiesel/distillate oil blends.

b) The owner or operator of a CAAPP source is not required to individually list the 

following activities in a CAAPP application pursuant to 35 Ill. Adm. Code 270. 

The applicant shall denote whether any of the following activities are present at 

the source in its CAAPP application: 

1) Air conditioning or ventilating equipment not designed to remove air 

contaminants generated by or released from associated equipment; 

2) Photographic process equipment by which an image is reproduced upon 

material sensitized to radiant energy; 

3) Equipment used for hydraulic or hydrostatic testing; 

4) General vehicle maintenance and servicing activities at the source, other 

than fuel handling or dispensing of gasoline (including gasoline/ethanol 

blend fuels), distillate oil (including kerosene and diesel fuel), biodiesel, 

or biodiesel/distillate oil blends fuel handling; 

5) Cafeterias, kitchens, and other facilities used for preparing food or 

beverages primarily for consumption at the source; 

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POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

6) Equipment using water, water and soap or detergent, or a suspension of 

abrasives in water for purposes of cleaning or finishing provided no 

organic solvent has been added to the water; 

7) Administrative activities including, but not limited to, paper shredding, 

copying, photographic activities, and blueprinting machines. This does 

not include incinerators; 

8) Laundry dryers, extractors, and tumblers processing clothing, bedding, and 

other fabric items used at the source that have been cleaned with water 

solutions of bleach or detergents provided that any organic solvent present 

in such items before processing that is retained from clean-up operations 

shall be addressed as part of the VOM emissions from use of cleaning 

materials; 

9) Housekeeping activities for cleaning purposes, including collecting spilled 

and accumulated materials at the source, including operation of fixed 

vacuum cleaning systems specifically for such purposes, but not including 

use of cleaning materials that contain organic solvent; 

10) Refrigeration systems, including storage tanks used in refrigeration 

systems, but excluding any combustion equipment associated with such 

systems; 

11) Bench scale laboratory equipment and laboratory equipment used 

exclusively for chemical and physical analysis, including associated 

laboratory fume hoods, vacuum producing devices and control devices 

installed primarily to address potential accidental releases; 

12) Restroom facilities and associated clean-up operations, and stacks or vents 

used to prevent the escape of sewer gases through plumbing traps; 

13) Activities associated with the construction, on-site repair, maintenance or 

dismantlement of buildings, utility lines, pipelines, wells, excavations, 

earthworks and other structures that do not constitute emission units; 

14) Storage tanks of organic liquids with a capacity of less than 500 gallons, 

provided the tank is not used for storage of any amount of material or 

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POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

mixture of any material listed as a hazardous air pollutant pursuant to 

sectionSection 112(b) of the Clean Air Act; 

15) Piping and storage systems for natural gas, propane, and liquefied 

petroleum gas; 

16) Water treatment or storage systems, as follows: 

A) Systems for potable water or boiler feedwater; 

B) Systems, including cooling towers, for process water provided that 

such water has not been in direct or indirect contact with process 

streams that contain volatile organic material or materials listed as 

hazardous air pollutants pursuant to sectionSection 112(b) of the 

Clean Air Act; 

17) Lawn care, landscape maintenance, and groundskeeping activities; 

18) Containers, reservoirs, or tanks used exclusively in dipping operations to 

coat objects with oils, waxes, or greases, provided no organic solvent has 

been mixed with such materials; 

19) Cold cleaning degreasers that are not in-line cleaning machines, where the 

vapor pressure of the solvents used never exceed 2 kPa (15 mmHg or 0.3 

psi) measured at 38°C (100°F) or 0.7 kPa (5 mmHg or 0.1 psi) at 20°C 

(68°F); 

20) Manually operated equipment used for buffing, polishing, carving, cutting, 

drilling, machining, routing, sanding, sawing, scarfing, surface grinding or 

turning; 

21) Use of consumer products, including hazardous substances as that term is 

defined in the Federal Hazardous Substances Act (15 USCU.S.C. 1261 et 

seq.), where the product is used at a source in the same manner as normal 

consumer use; 

22) Activities directly used in the diagnosis and treatment of disease, injury or 

other medical condition; 

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POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

23) Firefighting activities and training in preparation for fighting fires 

conducted at the source; 

BOARD NOTE(Note: Open burning permits may be required for certain 

training activities.);

24) Internal combustion engine or boiler (including the fuel system) of motor 

vehicles, locomotives, aircraft, watercraft, lifttrucks, and other vehicles 

powered by nonroad engines; 

25) Activities associated with the construction, repair or maintenance of roads 

or other paved or open areas, including operation of street sweepers, 

vacuum trucks, spray trucks and other vehicles related to the control of 

fugitive emissions of such roads or other areas; 

26) Storage and handling of drums or other transportable containers where the 

containers are sealed during storage and handling; 

27) Individual points of emission or activities as follows: 

A) Individual flanges, valves, pump seals, pressure relief valves and 

other individual components that have the potential for leaks; 

B) Individual sampling points, analyzers, and process instrumentation, 

whose operation may result in emissions; 

C) Individual features of an emission unit such as each burner and 

sootblowers in a boiler or each use of cleaning materials on a 

coating or printing line; 

D) Individual equipment that is transportable or activities within a 

facility established for testing units prior to sale or distribution or 

for purposes of research; and 

E) Individual equipment or activities within a pilot plant facility that 

is used for research or training; 

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POLLUTION CONTROL BOARD 

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BOARD NOTE(Note: Notwithstanding the foregoing, such points of 

emissions or activities shall be addressed in a CAAPP application in 

sufficient detail to identify applicable requirements and demonstrate 

compliance with such requirements. Emission data for such activities 

shall be addressed in the aggregate for each emission unit or group of 

related emission units). 

28) Activities at a source associated with the modification only or construction 

only of a facility, an emission unit or other equipment at the source; and 

BOARD NOTE(Note: Notwithstanding the status of this activity as 

insignificant, a particular activity that entails modification or construction 

of an emission unit or construction of air pollution control equipment may 

require a construction permit pursuant to Section 201.142 of this Part and 

may subsequently require a revised CAAPP permit. A revised CAAPP 

permit may also be necessary for operation of an emission unit after 

completion of a particular activity if the existing CAAPP permit does not 

accommodate the new state of the emission unit.) 

29) Activities at a source associated with the maintenance, repair, or 

dismantlement of an emission unit or other equipment installed at the 

source, not including the shutdown of the unit or equipment, including 

preparation for maintenance, repair or dismantlement, and preparation for 

subsequent startup, including preparation of a shutdown vessel for entry, 

replacement of insulation, welding and cutting, and steam purging of a 

vessel prior to startup. 

(Source: Amended at 38 Ill. Reg. 1005, effective December 23, 2013) 

SUBPART K: RECORDS AND REPORTS 

Section 201.302 Reports

a) The owner or operator of any emission unit or air pollution control equipment 

meeting the applicability criteria contained in 35 Ill. Adm. Code 254.102, unless 

specifically exempted in this Section, shall submit to the Agency as a minimum, 

annual reports detailing the nature, specific emission units and total annual 

quantities of all specified air contaminant emissions; provided, however, that the 

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POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

Agency may require more frequent reports whenwhere necessary to accomplish 

the purposes of the Act and this Chapter. 

b) The Agency may adopt procedures which require that additional reports be 

submitted, and which set forth the format in which all reports shall be submitted. 

Such procedures and formats, and revisions thereto, shall not become effective 

until filed with the Secretary of State as required by the Illinois Administrative 

Procedure ActAPA. 

c) All emission data received by the Agency, shall be available for public inspection 

at reasonable times and upon reasonable notice. 

d) Retail gasoline dispensing operations are exempt from the requirements of 

subsection (a) above unless the source has failed to comply with 35 Ill. Adm. 

Code 218.586(h) or to obtain a permit under this Part if applicable. 

(Source: Amended at 38 Ill. Reg. 1005, effective December 23, 2013) 

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POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

1) Heading of the Part: Organic Material Emission Standards and Limitations for the 

Chicago Area 

2) Code Citation: 35 Ill. Adm. Code 218 

3) Section Numbers: Adopted Action: 

218.112 Amend 

218.583 Amend 

218.586 Amend 

 

4) Statutory Authority: Implementing Section 10 of the Environmental Protection Act [415 

ILCS 5/10] and authorized by Sections 27 and 28 of the Environmental Protection Act 

[415 ILCS 5/27, 28] 

5) Effective Date of Rule: December 23, 2013 

6) Does this rulemaking contain an automatic repeal date? No 

7) Does this rulemaking contain incorporations by reference? Yes 

8) A copy of the adopted amendment, including any materials incorporated by reference, is 

on file in the Board's Chicago office at the James R. Thompson Center, 100 W. Randolph 

Street, Suite 11-500, and is available there for public inspection. 

9) Notice of Proposal published in the Illinois Register: May 10, 2013; 37 Ill. Reg. 6054 

10) Has JCAR issued a Statement of Objection to this rulemaking? No

11) Differences between Proposal and Final Version: The differences between the 

rulemaking proposed at first notice and the adopted rulemaking are minor and nonsubstantive. 

12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the 

agreements letter issued by JCAR? Yes 

13) Will this rulemaking replace any emergency rule currently in effect? No 

14) Are there any rulemakings pending on this Part? No 

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POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

15) Summary and Purpose of Rulemaking: The rules require phasing out the Stage II vapor 

recovery program in the Chicago ozone nonattainment area (NAA). Stage II equipment 

is located at the pump nozzles of gasoline dispensing facilities (GDFs) and is designed to 

capture emissions from refueling motor vehicles. The phase-out is based upon the 

decreasing emission reductions that would result from simultaneously using on-board 

refueling vapor recovery (ORVR) and incompatible Stage II systems. Both vacuumassist Stage II and ORVR systems are effective in capturing gasoline vapors and reducing 

volatile organic compound (VOC) emissions. The two systems are generally 

incompatible, however, when operated simultaneously on the same vehicle. Phasing out 

Stage II requirements in the Chicago ozone NAA will have the following benefits: (1) 

allow the State of Illinois to realize additional emission reduction benefits as of January 

1, 2014 (after which ORVR alone reduces more emissions than ORVR plus Stage II); (2) 

allow existing GDFs in the Chicago ozone NAA to decommission Stage II systems 

starting on January 1, 2014, and after decommissioning is complete, avoid having to 

operate and maintain Stage II systems; and (3) allow new GDFs locating in the Chicago 

ozone NAA on or after January 1, 2014, to avoid having to install, operate, and maintain 

Stage II systems. Accordingly, a 2013 calendar-year effective date for these rule 

amendments will maximize environmental and economic benefits. 

Beginning January 1, 2014, new GDFs (those operating for the first time on or after 

January 1, 2014) are not subject to the Stage II vapor recovery equipment requirement. 

Also, beginning January 1, 2014, existing GDFs (those operating at any time prior to 

January 1, 2014) may begin decommissioning Stage II equipment, but must complete 

decommissioning of all Stage II equipment no later than December 31, 2016. Existing 

GDFs must comply with the Board's Stage II requirement until decommissioning is 

allowed and commenced in accordance with the rule. Decommissioning must be 

performed in accordance with the Petroleum Equipment Institute’s "Recommended 

Practices for Installation and Testing of Vapor-Recovery Systems at Vehicle-Fueling 

Sites," PEI/RP300-09, which the Board incorporates by reference at 35 Ill. Adm. Code 

218.112. Also, decommissioning must be performed by contractors licensed/registered by 

the Office of the State Fire Marshal and the Illinois Department of Agriculture. Further, 

contractors must possess the appropriate dispenser-manufacturer certifications and 

training, if any. Additionally, the rules require the submission of decommissioning 

notifications, checklists, and certifications, and establish recordkeeping requirements. 

The Board also repeals the Stage I vapor recovery (storage tank filling at GDFs) (35 Ill. 

Adm. Code 218.583(e)) registration provision due to overlapping federal notification 

requirements and other State tracking systems for GDFs. As part of this rulemaking, the 

permit exemptions formerly conditioned upon Stage I registration or Stage II registration 

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POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

(35 Ill. Adm. Code 218.586(h)) are relocated to 35 Ill. Adm. Code 201 and do not require 

registration. Other minor clarifications were made. For further details, please see the 

Board’s opinion and order of December 19, 2013, in the rulemaking captioned "Vapor 

Recovery Rules: Amendments to 35 Ill. Adm. Code Parts 201, 218, and 219," docket 

R13-18.

16) Information and questions regarding this adopted rule shall be directed to: 

 Richard McGill 

Illinois Pollution Control Board 

100 W. Randolph Street, Suite 11-500 

Chicago, IL 60601 

312/814-6983 

richard.mcgill@illinois.gov 

Copies of the Board's opinions and orders may be requested from the Clerk of the Board 

at the address listed in #8 above or by calling 312/814-3620. Please refer to the docket 

number, R13-18, in your request. The Board's opinions and orders are also available 

from the Board’s website (www.ipcb.state.il.us). 

 

The full text of the Adopted Amendments begins on the next page: 

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POLLUTION CONTROL BOARD 

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TITLE 35: ENVIRONMENTAL PROTECTION 

SUBTITLE B: AIR POLLUTION 

CHAPTER I: POLLUTION CONTROL BOARD 

SUBCHAPTER c: EMISSIONS STANDARDS AND 

LIMITATIONS FOR STATIONARY SOURCES 

PART 218 

ORGANIC MATERIAL EMISSION STANDARDS AND 

LIMITATIONS FOR THE CHICAGO AREA 

SUBPART A: GENERAL PROVISIONS 

Section 

218.100 Introduction 

218.101 Savings Clause 

218.102 Abbreviations and Conversion Factors 

218.103 Applicability 

218.104 Definitions 

218.105 Test Methods and Procedures 

218.106 Compliance Dates 

218.107 Operation of Afterburners 

218.108 Exemptions, Variations, and Alternative Means of Control or Compliance 

Determinations 

218.109 Vapor Pressure of Volatile Organic Liquids 

218.110 Vapor Pressure of Organic Material or Solvent 

218.111 Vapor Pressure of Volatile Organic Material 

218.112 Incorporations by Reference 

218.113 Monitoring for Negligibly-Reactive Compounds 

218.114 Compliance with Permit Conditions 

SUBPART B: ORGANIC EMISSIONS FROM STORAGE 

AND LOADING OPERATIONS 

Section 

218.119 Applicability for VOL 

218.120 Control Requirements for Storage Containers of VOL 

218.121 Storage Containers of VPL 

218.122 Loading Operations 

218.123 Petroleum Liquid Storage Tanks 

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POLLUTION CONTROL BOARD 

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218.124 External Floating Roofs 

218.125 Compliance Dates 

218.126 Compliance Plan (Repealed) 

218.127 Testing VOL Operations 

218.128 Monitoring VOL Operations 

218.129 Recordkeeping and Reporting for VOL Operations 

SUBPART C: ORGANIC EMISSIONS FROM MISCELLANEOUS EQUIPMENT 

Section 

218.141 Separation Operations 

218.142 Pumps and Compressors 

218.143 Vapor Blowdown 

218.144 Safety Relief Valves 

SUBPART E: SOLVENT CLEANING 

Section 

218.181 Solvent Cleaning Degreasing Operations 

218.182 Cold Cleaning 

218.183 Open Top Vapor Degreasing 

218.184 Conveyorized Degreasing 

218.185 Compliance Schedule (Repealed) 

218.186 Test Methods 

218.187 Other Industrial Solvent Cleaning Operations 

SUBPART F: COATING OPERATIONS 

Section 

218.204 Emission Limitations 

218.205 Daily-Weighted Average Limitations 

218.206 Solids Basis Calculation 

218.207 Alternative Emission Limitations 

218.208 Exemptions from Emission Limitations 

218.209 Exemption from General Rule on Use of Organic Material 

218.210 Compliance Schedule 

218.211 Recordkeeping and Reporting 

218.212 Cross-Line Averaging to Establish Compliance for Coating Lines 

218.213 Recordkeeping and Reporting for Cross-Line Averaging Participating Coating 

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POLLUTION CONTROL BOARD 

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Lines 

218.214 Changing Compliance Methods 

218.215 Wood Furniture Coating Averaging Approach 

218.216 Wood Furniture Coating Add-On Control Use 

218.217 Wood Furniture Coating and Flat Wood Paneling Coating Work Practice 

Standards 

218.218 Work Practice Standards for Paper Coatings, Metal Furniture Coatings, and Large 

Appliance Coatings 

218.219 Work Practice Standards for Automobile and Light-Duty Truck Assembly 

Coatings and Miscellaneous Metal and Plastic Parts Coatings 

SUBPART G: USE OF ORGANIC MATERIAL 

Section 

218.301 Use of Organic Material 

218.302 Alternative Standard 

218.303 Fuel Combustion Emission Units 

218.304 Operations with Compliance Program 

SUBPART H: PRINTING AND PUBLISHING 

Section 

218.401 Flexographic and Rotogravure Printing 

218.402 Applicability 

218.403 Compliance Schedule 

218.404 Recordkeeping and Reporting 

218.405 Lithographic Printing: Applicability 

218.406 Provisions Applying to Heatset Web Offset Lithographic Printing Prior to March 

15, 1996 (Repealed) 

218.407 Emission Limitations and Control Requirements for Lithographic Printing Lines 

218.408 Compliance Schedule for Lithographic Printing On and After March 15, 1996 

(Repealed) 

218.409 Testing for Lithographic Printing 

218.410 Monitoring Requirements for Lithographic Printing 

218.411 Recordkeeping and Reporting for Lithographic Printing 

218.412 Letterpress Printing Lines: Applicability 

218.413 Emission Limitations and Control Requirements for Letterpress Printing Lines 

218.415 Testing for Letterpress Printing Lines 

218.416 Monitoring Requirements for Letterpress Printing Lines 

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POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

218.417 Recordkeeping and Reporting for Letterpress Printing Lines 

SUBPART Q: SYNTHETIC ORGANIC CHEMICAL 

AND POLYMER MANUFACTURING PLANT 

Section 

218.421 General Requirements 

218.422 Inspection Program Plan for Leaks 

218.423 Inspection Program for Leaks 

218.424 Repairing Leaks 

218.425 Recordkeeping for Leaks 

218.426 Report for Leaks 

218.427 Alternative Program for Leaks 

218.428 Open-Ended Valves 

218.429 Standards for Control Devices 

218.430 Compliance Date (Repealed) 

218.431 Applicability 

218.432 Control Requirements 

218.433 Performance and Testing Requirements 

218.434 Monitoring Requirements 

218.435 Recordkeeping and Reporting Requirements 

218.436 Compliance Date 

SUBPART R: PETROLEUM REFINING AND 

RELATED INDUSTRIES; ASPHALT MATERIALS 

Section 

218.441 Petroleum Refinery Waste Gas Disposal 

218.442 Vacuum Producing Systems 

218.443 Wastewater (Oil/Water) Separator 

218.444 Process Unit Turnarounds 

218.445 Leaks: General Requirements 

218.446 Monitoring Program Plan for Leaks 

218.447 Monitoring Program for Leaks 

218.448 Recordkeeping for Leaks 

218.449 Reporting for Leaks 

218.450 Alternative Program for Leaks 

218.451 Sealing Device Requirements 

218.452 Compliance Schedule for Leaks 

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POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

218.453 Compliance Dates (Repealed) 

SUBPART S: RUBBER AND MISCELLANEOUS PLASTIC PRODUCTS 

Section 

218.461 Manufacture of Pneumatic Rubber Tires 

218.462 Green Tire Spraying Operations 

218.463 Alternative Emission Reduction Systems 

218.464 Emission Testing 

218.465 Compliance Dates (Repealed) 

218.466 Compliance Plan (Repealed) 

SUBPART T: PHARMACEUTICAL MANUFACTURING 

Section 

218.480 Applicability 

218.481 Control of Reactors, Distillation Units, Crystallizers, Centrifuges and Vacuum 

Dryers 

218.482 Control of Air Dryers, Production Equipment Exhaust Systems and Filters 

218.483 Material Storage and Transfer 

218.484 In-Process Tanks 

218.485 Leaks 

218.486 Other Emission Units 

218.487 Testing 

218.488 Monitoring for Air Pollution Control Equipment 

218.489 Recordkeeping for Air Pollution Control Equipment 

SUBPART V: BATCH OPERATIONS AND AIR OXIDATION PROCESSES 

Section 

218.500 Applicability for Batch Operations 

218.501 Control Requirements for Batch Operations 

218.502 Determination of Uncontrolled Total Annual Mass Emissions and Average Flow 

Rate Values for Batch Operations 

218.503 Performance and Testing Requirements for Batch Operations 

218.504 Monitoring Requirements for Batch Operations 

218.505 Reporting and Recordkeeping for Batch Operations 

218.506 Compliance Date 

218.520 Emission Limitations for Air Oxidation Processes 

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POLLUTION CONTROL BOARD 

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218.521 Definitions (Repealed) 

218.522 Savings Clause 

218.523 Compliance 

218.524 Determination of Applicability 

218.525 Emission Limitations for Air Oxidation Processes 

218.526 Testing and Monitoring 

218.527 Compliance Date (Repealed) 

SUBPART W: AGRICULTURE 

Section 

218.541 Pesticide Exception 

SUBPART X: CONSTRUCTION 

Section 

218.561 Architectural Coatings 

218.562 Paving Operations 

218.563 Cutback Asphalt 

SUBPART Y: GASOLINE DISTRIBUTION 

Section 

218.581 Bulk Gasoline Plants 

218.582 Bulk Gasoline Terminals 

218.583 Gasoline Dispensing Operations – Storage Tank Filling Operations 

218.584 Gasoline Delivery Vessels 

218.585 Gasoline Volatility Standards (Repealed) 

218.586 Gasoline Dispensing Operations – Motor Vehicle Fueling Operations 

SUBPART Z: DRY CLEANERS 

Section 

218.601 Perchloroethylene Dry Cleaners (Repealed) 

218.602 Applicability (Repealed) 

218.603 Leaks (Repealed) 

218.604 Compliance Dates (Repealed) 

218.605 Compliance Plan (Repealed) 

218.606 Exception to Compliance Plan (Repealed) 

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POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

218.607 Standards for Petroleum Solvent Dry Cleaners 

218.608 Operating Practices for Petroleum Solvent Dry Cleaners 

218.609 Program for Inspection and Repair of Leaks 

218.610 Testing and Monitoring 

218.611 Applicability for Petroleum Solvent Dry Cleaners 

218.612 Compliance Dates (Repealed) 

218.613 Compliance Plan (Repealed) 

SUBPART AA: PAINT AND INK MANUFACTURING 

Section 

218.620 Applicability 

218.621 Exemption for Waterbase Material and Heatset-Offset Ink 

218.623 Permit Conditions (Repealed) 

218.624 Open-Top Mills, Tanks, Vats or Vessels 

218.625 Grinding Mills 

218.626 Storage Tanks 

218.628 Leaks 

218.630 Clean Up 

218.636 Compliance Schedule 

218.637 Recordkeeping and Reporting 

SUBPART BB: POLYSTYRENE PLANTS 

Section 

218.640 Applicability 

218.642 Emissions Limitation at Polystyrene Plants 

218.644 Emissions Testing 

SUBPART CC: POLYESTER RESIN PRODUCT MANUFACTURING PROCESS 

Section 

218.660 Applicability 

218.666 Control Requirements 

218.667 Compliance Schedule 

218.668 Testing 

218.670 Recordkeeping and Reporting for Exempt Emission Units 

218.672 Recordkeeping and Reporting for Subject Emission Units 

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POLLUTION CONTROL BOARD 

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SUBPART DD: AEROSOL CAN FILLING 

Section 

218.680 Applicability 

218.686 Control Requirements 

218.688 Testing 

218.690 Recordkeeping and Reporting for Exempt Emission Units 

218.692 Recordkeeping and Reporting for Subject Emission Units 

SUBPART FF: BAKERY OVENS (REPEALED) 

Section 

218.720 Applicability (Repealed) 

218.722 Control Requirements (Repealed) 

218.726 Testing (Repealed) 

218.727 Monitoring (Repealed) 

218.728 Recordkeeping and Reporting (Repealed) 

218.729 Compliance Date (Repealed) 

218.730 Certification (Repealed) 

SUBPART GG: MARINE TERMINALS 

Section 

218.760 Applicability 

218.762 Control Requirements 

218.764 Compliance Certification 

218.766 Leaks 

218.768 Testing and Monitoring 

218.770 Recordkeeping and Reporting 

SUBPART HH: MOTOR VEHICLE REFINISHING 

Section 

218.780 Emission Limitations 

218.782 Alternative Control Requirements 

218.784 Equipment Specifications 

218.786 Surface Preparation Materials 

218.787 Work Practices 

218.788 Testing 

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POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

218.789 Monitoring and Recordkeeping for Control Devices 

218.790 General Recordkeeping and Reporting (Repealed) 

218.791 Compliance Date 

218.792 Registration (Repealed) 

218.875 Applicability of Subpart BB (Renumbered) 

218.877 Emissions Limitation at Polystyrene Plants (Renumbered) 

218.879 Compliance Date (Repealed) 

218.881 Compliance Plan (Repealed) 

218.883 Special Requirements for Compliance Plan (Repealed) 

218.886 Emissions Testing (Renumbered) 

SUBPART II: FIBERGLASS BOAT MANUFACTURING MATERIALS 

Section 

218.890 Applicability 

218.891 Emission Limitations and Control Requirements 

218.892 Testing Requirements 

218.894 Recordkeeping and Reporting Requirements 

SUBPART JJ: MISCELLANEOUS INDUSTRIAL ADHESIVES 

Section 

218.900 Applicability 

218.901 Emission Limitations and Control Requirements 

218.902 Testing Requirements 

218.903 Monitoring Requirements 

218.904 Recordkeeping and Reporting Requirements 

SUBPART PP: MISCELLANEOUS FABRICATED PRODUCT 

MANUFACTURING PROCESSES 

Section 

218.920 Applicability 

218.923 Permit Conditions (Repealed) 

218.926 Control Requirements 

218.927 Compliance Schedule 

218.928 Testing 

218.929 Cementable and Dress or Performance Shoe Leather 

SUBPART QQ: MISCELLANEOUS FORMULATION 

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NOTICE OF ADOPTED AMENDMENTS 

MANUFACTURING PROCESSES 

Section 

218.940 Applicability 

218.943 Permit Conditions (Repealed) 

218.946 Control Requirements 

218.947 Compliance Schedule 

218.948 Testing 

SUBPART RR: MISCELLANEOUS ORGANIC CHEMICAL 

MANUFACTURING PROCESSES 

Section 

218.960 Applicability 

218.963 Permit Conditions (Repealed) 

218.966 Control Requirements 

218.967 Compliance Schedule 

218.968 Testing 

SUBPART TT: OTHER EMISSION UNITS 

Section 

218.980 Applicability 

218.983 Permit Conditions (Repealed) 

218.986 Control Requirements 

218.987 Compliance Schedule 

218.988 Testing 

SUBPART UU: RECORDKEEPING AND REPORTING 

Section 

218.990 Exempt Emission Units 

218.991 Subject Emission Units 

218.APPENDIX A List of Chemicals Defining Synthetic Organic Chemical and Polymer 

Manufacturing 

218.APPENDIX B VOM Measurement Techniques for Capture Efficiency (Repealed) 

218.APPENDIX C Reference Methods and Procedures 

218.APPENDIX D Coefficients for the Total Resource Effectiveness Index (TRE) Equation 

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218.APPENDIX E List of Affected Marine Terminals 

218.APPENDIX G TRE Index Measurements for SOCMI Reactors and Distillation Units 

218.APPENDIX H Baseline VOM Content Limitations for Subpart F, Section 218.212 

Cross-Line Averaging 

AUTHORITY: Implementing Section 10 and authorized by Sections 27, 28, and 28.5 of the 

Environmental Protection Act [415 ILCS 5/10, 27, 28, and 28.5]. 

SOURCE: Adopted at R91-7 at 15 Ill. Reg. 12231, effective August 16, 1991; amended in R91-

24 at 16 Ill. Reg. 13564, effective August 24, 1992; amended in R91-28 and R91-30 at 16 Ill. 

Reg. 13864, effective August 24, 1992; amended in R93-9 at 17 Ill. Reg. 16636, effective 

September 27, 1993; amended in R93-14 at 18 Ill. Reg. 1945, effective January 24, 1994; 

amended in R94-12 at 18 Ill. Reg. 14973, effective September 21, 1994; amended in R94-15 at 

18 Ill. Reg. 16392, effective October 25, 1994; amended in R94-16 at 18 Ill. Reg. 16950, 

effective November 15, 1994; amended in R94-21, R94-31 and R94-32 at 19 Ill. Reg. 6848, 

effective May 9, 1995; amended in R94-33 at 19 Ill. Reg. 7359, effective May 22, 1995; 

amended in R96-13 at 20 Ill. Reg. 14428, effective October 17, 1996; amended in R97-24 at 21 

Ill. Reg. 7708, effective June 9, 1997; amended in R97-31 at 22 Ill. Reg. 3556, effective 

February 2, 1998; amended in R98-16 at 22 Ill. Reg. 14282, effective July 16, 1998; amended in 

R02-20 at 27 Ill. Reg. 7283, effective April 8, 2003; amended in R04-12/20 at 30 Ill. Reg. 9684, 

effective May 15, 2006; amended in R06-21 at 31 Ill. Reg. 7086, effective April 30, 2007; 

amended in R08-8 at 32 Ill. Reg. 14874, effective August 26, 2008; amended in R10-10 at 34 Ill. 

Reg. 5330, effective March 23, 2010; amended in R10-8 at 34 Ill. Reg. 9096, effective June 25, 

2010; amended in R10-20 at 34 Ill. Reg. 14174, effective September 14, 2010; amended in R10-

8(A) at 35 Ill. Reg. 469, effective December 21, 2010; amended in R11-23 at 35 Ill. Reg. 13473, 

effective July 27, 2011; amended in R11-23(A) at 35 Ill. Reg. 18813, effective October 25, 2011; 

amended in R12-24 at 37 Ill. Reg. 1699, effective January 28, 2013; amended in R13-18 at 38 Ill. 

Reg. 1032, effective December 23, 2013. 

SUBPART A: GENERAL PROVISIONS 

Section 218.112 Incorporations by Reference 

The following materials are incorporated by reference and do not contain any subsequent 

additions or amendments. 

a) American Society for Testing and Materials, 100 Barr Harbor Drive, West 

Conshohocken PA 19428-9555: 

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1) ASTM D 2879-86 

2) ASTM D 323-08 

3) ASTM D 86-82 

4) ASTM D 369-69 (1971) 

5) ASTM D 396-69 

6) ASTM D 2880-71 

7) ASTM D 975-68 

8) ASTM D 3925-81 (1985) 

9) ASTM E 300-86 

10) ASTM D 1475-85 

11) ASTM D 2369-87 

12) ASTM D 3792-86 

13) ASTM D 4017-81 (1987) 

14) ASTM D 4457-85 

15) ASTM D 2697-86 

16) ASTM D 3980-87 

17) ASTM E 180-85 

18) ASTM D 2372-85 

19) ASTM D 97-66 

20) ASTM E 168-67 (1977) 

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21) ASTM E 169-87 

22) ASTM E 260-91 

23) ASTM D 2504-83 

24) ASTM D 2382-83 

25) ASTM D 2099-00 

b) Standard Industrial Classification Manual, published by Executive Office of the 

President, Office of Management and Budget, Washington, D.C., 1987. 

c) American Petroleum Institute Bulletin 2517, "Evaporation Loss From Floating 

Roof Tanks", Second ed., February 1980. 

d) 40 CFR 60 (July 1, 1991) and 40 CFR 60, appendixAppendix A, Method 24 (57 

FR 30654, July 10, 1992). 

e) 40 CFR 61 (July 1, 1991). 

f) 40 CFR 50 (July 1, 1991). 

g) 40 CFR 51 (July 1, 1991) and 40 CFR 51, appendix M, Methods 204-204F (July 1, 

1999). 

h) 40 CFR 52 (July 1, 1991). 

i) "A Guide for Surface Coating Calculation", July 1986, United States 

Environmental Protection Agency, Washington, D.C., EPA-340/1-86-016. 

j) "Procedures for Certifying Quantity of Volatile Organic Compounds Emitted by 

Paint, Ink and Other Coating" (revised June 1986), United States Environmental 

Protection Agency, Washington, D.C., EPA-450/3-84-019. 

k) "A Guide for Graphic Arts Calculations", August 1988, United States 

Environmental Protection Agency, Washington, D.C., EPA-340/1-88-003. 

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l) "Protocol for Determining the Daily Volatile Organic Compound Emission Rate of 

Automobile and Light-Duty Truck Topcoat Operations", December 1988, United 

States Environmental Protection Agency, Washington, D.C., EPA-450/3-88-018. 

m) "Control of Volatile Organic Emissions from Manufacturing of Synthesized 

Pharmaceutical Products", December 1978, United States Environmental 

Protection Agency, Washington, D.C., EPA-450/2-78-029. 

n) "Control of Volatile Organic Compound Leaks from Gasoline Tank Trucks and 

Vapor Collection Systems", December 1978, Appendix B, United States 

Environmental Protection Agency, Washington, D.C., EPA-450/2-78-051. 

o) "Control of Volatile Organic Compound Emissions from Large Petroleum Dry 

Cleaners", September 1982, United States Environmental Protection Agency, 

Washington, D.C., EPA-450/3-82-009. 

p) "APTI Course SI417 Controlling Volatile Organic Compound Emissions from 

Leaking Process Equipment", 1982, United States Environmental Protection 

Agency, Washington, D.C., EPA-450/2-82-015. 

q) "Portable Instrument User's Manual for Monitoring VOC Sources", June 1986, 

United States Environmental Protection Agency, Washington, D.C., EPA-340/1-

86-015. 

r) "Protocols for Generating Unit-Specific Emission Estimates for Equipment Leaks 

of VOC and VHAP", October 1988, UnitedUnites States Environmental Protection 

Agency, Washington, D.C., EPA-450/3-88-010. 

s) "Petroleum Refinery Enforcement Manual", March 1980, United States 

Environmental Protection Agency, Washington, D.C., EPA-340/1-80-008. 

t) "Inspection Manual for Control of Volatile Organic Emissions from Gasoline 

Marketing Operations: Appendix D", 1980, United States Environmental 

Protection Agency, Washington, D.C., EPA-340/1-80-012. 

u) "Control of Hydrocarbons from Tank Truck Gasoline Loading Terminals: 

Appendix A", December 1977, United States Environmental Protection Agency, 

Washington, D.C., EPA-450/2-77-026. 

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v) "Technical Guidance – Stage II Vapor Recovery Systems for Control of Vehicle 

Refueling Emissions at Gasoline Dispensing Facilities", November 1991, United 

States Environmental Protection Agency, Washington, D.C., EPA-450/3-91-022b. 

w) California Air Resources Board, Compliance Division. Compliance Assistance 

Program: Gasoline Marketing and Distribution: Gasoline Facilities Phase I & II 

(October 1988, rev. November 1993) (CARB Manual). 

x) South Coast Air Quality Management District (SCAQMD), Applied Science & 

Technology Division, Laboratory Services Branch, SCAQMD Method 309-91, 

Determination of Static Volatile Emissions (February 1993). 

y) South Coast Air Quality Management District (SCAQMD), Applied Science & 

Technology Division, Laboratory Services Branch, SCAQMD Method 312-91, 

Determination of Percent Monomer in Polyester Resins (April 1996). 

z) "Guidelines for Determining Capture Efficiency", January 1995, Office of Air 

Quality Planning and Standards, United States Environmental Protection Agency, 

Research Triangle Park NC. 

aa) Memorandum "Revised Capture Efficiency Guidance for Control of Volatile 

Organic Compound Emissions", February 1995, John S. Seitz, Director, Office of 

Air Quality Planning and Standards, United States Environmental Protection 

Agency. 

bb) "Protocol for Determining the Daily Volatile Organic Compound Emission Rate 

of Automobile and Light-Duty Truck Primer-Surfacer and Topcoat Operations", 

September 2008, United States Environmental Protection Agency, Washington, 

D.C., EPA-453/R-08-002.

cc) 40 CFR 63, subpart PPPP, appendix A (2008). 

dd) 46 CFR subchapter Q (2007). 

ee) 46 CFR subchapter T (2008). 

ff) Petroleum Equipment Institute, "Recommended Practices for Installation and 

Testing of Vapor-Recovery Systems at Vehicle-Fueling Sites", PEI/RP300-09 

(2009).

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NOTICE OF ADOPTED AMENDMENTS 

(Source: Amended at 38 Ill. Reg. 1032, effective December 23, 2013) 

SUBPART Y: GASOLINE DISTRIBUTION 

Section 218.583 Gasoline Dispensing Operations – Storage Tank Filling Operations

a) Subject to subsection (b) below, no person shall cause or allow the transfer of 

gasoline from any delivery vessel into any stationary storage tank at a gasoline 

dispensing operation unless: 

1) The tank is equipped with a submerged loading pipe; and 

2) The vapors displaced from the storage tank during filling are processed by 

a vapor control system that includes one or more of the following: 

A) A vapor collection system that meets the requirements of 

subsection (d)(4) below; or 

B) A refrigeration-condensation system or any other system approved 

by the Agency and approved by the USEPA as a SIP revision, that 

recovers at least 90 percent by weight of all vaporized organic 

material from the equipment being controlled; and 

C) The delivery vessel displays the appropriate sticker pursuant to the 

requirements of Section 218.584(b) or (d) of this Part; and 

3) By March 15, 1995, all tank vent pipes are equipped with 

pressure/vacuum relief valves with the following design specifications: 

A) The pressure/vacuum relief valve shall be set to resist a pressure of 

at least 3.5 inches water column and to resist a vacuum of no less 

than 6.0 inches water column; or 

B) The pressure/vacuum relief valve shall meet the requirements of 

Section 218.586(c) of this Part; and 

4) The owner or operator of a gasoline dispensing operation demonstrates 

compliance with subsection (a)(3) of this Section, by March 15, 1995 or 

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NOTICE OF ADOPTED AMENDMENTS 

30 days after installation of each pressure/vacuum relief valve, whichever 

is later, and at least annually thereafter, by measuring and recording the 

pressure indicated by a pressure/vacuum gauge at each tank vent pipe. 

The test shall be performed on each tank vent pipe within two hours after 

product delivery into the respective storage tank. For manifold tank vent 

systems, observations at any point within the system shall be adequate. 

The owner or operator shall maintain any records required by this 

subsection for a period of three years. 

b) The requirements of subsections (a)(2) and (a)(3) above shall not apply to 

transfers of gasoline to a stationary storage tank at a gasoline dispensing operation 

if: 

1) The tank is equipped with a floating roof, or other system of equal or 

better emission control approved by the Agency and approved by the 

USEPA as a SIP revision; 

2) The tank has a capacity of less than 2000 gallons and was in place and 

operating before January 1, 1979; or 

3) The tank has a capacity of less than 575 gallons. 

c) Subject to subsection (b) above, each owner of a gasoline dispensing operation 

shall: 

1) Install all control systems and make all process modifications required by 

subsection (a) above; 

2) Provide instructions to the operator of the gasoline dispensing operation 

describing necessary maintenance operations and procedures for prompt 

notification of the owner in case of any malfunction of a vapor control 

system; and 

3) Repair, replace or modify any worn out or malfunctioning component or 

element of design. 

d) Subject to subsection (b) above, each operator of a gasoline dispensing operation 

shall: 

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1) Maintain and operate each vapor control system in accordance with the 

owner's instructions; 

2) Promptly notify the owner of any scheduled maintenance or malfunction 

requiring replacement or repair of a major component of a vapor control 

system; 

3) Maintain gauges, meters or other specified testing devices in proper 

working order; 

4) Operate the vapor collection system and delivery vessel unloading points 

in a manner that prevents: 

A) A reading equal to or greater than 100 percent of the lower 

explosive limit (LEL measured as propane) when tested in 

accordance with the procedure described in EPA 450/2-78-051 

appendixAppendix B incorporated by reference in Section 218.112 

of this Part; and 

B) Avoidable leaks of liquid during the filling of storage tanks; and 

5) Within 15 business days after discovery of the leak by the owner, operator, 

or the Agency, repair and retest a vapor collection system which exceeds 

the limits of subsection (d)(4)(A) above. 

e) Any retail gasoline dispensing operation subject to subsection (a) above, unless 

subject to Section 218.586 of this Part, shall be exempt from the permit 

requirements specified under 35 Ill. Adm. Code 201.142, 201.143, and 201.144 

provided that:

1) The owner or operator of the gasoline dispensing operation submits to the 

Agency a registration which provides, at a minimum, the operation name 

and address, signature of the owner or operator, the location (including 

contact person's name, address and telephone number) of records and 

reports required by this Section, the number of underground tanks, the 

number of tank pipe vents, and the date of completion of installation of the 

vapor control system and pressure/vacuum relief valve. 

2) The registration is submitted to the Agency by March 15, 1995 or 30 days 

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after installation of a vapor control system or pressure/vacuum relief 

valve, whichever is later. 

3) The registration certification is displayed at the gasoline dispensing 

operation. 

4) Upon modification of an existing vapor control system or 

pressure/vacuum relief valve, the owner or operator of the gasoline 

dispensing operation submits to the Agency a registration that details the 

changes to the information provided in the previous registration and which 

includes the signature of the owner or operator. The registration must be 

submitted to the Agency within 30 days after completion of such 

modification. 

(Source: Amended at 38 Ill. Reg. 1032, effective December 23, 2013) 

Section 218.586 Gasoline Dispensing Operations – Motor Vehicle Fueling Operations

a) Definitions. For the purposes of this Section, the following definitions apply. 

1) Average monthly volume means the amount of motor vehicle fuel 

dispensed per month from a gasoline dispensing operation based upon a 

monthly average for the 2-year period of November, 1990 through 

October, 1992 or, if not available, the monthly average for the most recent 

twelve calendar months. Monthly averages are to include only those 

months when the operation was operating. 

2) Certified means any vapor collection and control system which has been 

tested and approved by CARB as having a vapor recovery and removal 

efficiency of at least 95% (by weight) shall constitute a certified vapor 

collection and control system. CARB testing and approval is pursuant to 

the CARB manual, incorporated by reference at Section 218.112 of this 

Part.

3) Completion of installation means the successful passing of one or more of 

the following tests applicable to the installed vapor collection and control 

system: Dynamic Backpressure Test, Pressure Decay/Leak Test, and 

Liquid Blockage Test, incorporated by reference at Section 218.112 of this 

Part. 

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4) Constructed means fabricated, erected or installed; refers to any facility, 

emission source or air pollution control equipment. 

45) CARB means California Air Resources Board, P.O. Box 2815, 

Sacramento, CA 95812. 

56) Employee means any person who performs work for an employer. 

67) Operation means any building, structure, installation, operation or 

combination thereof located on contiguous properties and under common 

ownership that provides for the dispensing of motor vehicle fuel. 

78) Gasoline dispensing operation means any operation where motor vehicle 

fuel is dispensed into motor vehicle fuel tanks or portable containers from 

a storage tank with a capacity of 2176 liters (575 gallons) or more. 

89) Modification means any change, removal or addition, other than an 

identical replacement, of any component contained within the vapor 

collection and control system. 

910) Motor vehicle means any self-propelled vehicle powered by an internal 

combustion engine including, but not limited to, automobiles and trucks. 

Specifically excluded from this definition are watercraft and aircraft. 

1011) Motor vehicle fuel means any petroleum distillate having a Reid vapor 

pressure of more than 27.6 kilopascals (kPa) (four pounds per square inch) 

and which is used to power motor vehicles. 

1112) Owner or operator means any person who owns, leases, operates, 

manages, supervises or controls (directly or indirectly) a gasoline 

dispensing operation. 

1213) Reid vapor pressure for gasoline, shall be measured in accordance with 

either the method ASTM D323-08 or a modification of ASTM D323 

known as the "dry method" as set forth in 40 CFR 80, Appendix E, 

incorporated by referencereferences in Section35 Ill. Adm. Code 218.112 

of this Part. 

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NOTICE OF ADOPTED AMENDMENTS 

1314) Vapor collection and control system means any system certified by CARB 

which limits the discharge to the atmosphere of motor vehicle fuel vapors 

displaced during the dispensing of motor vehicle fuel into motor vehicle 

fuel tanks. 

b) Applicability. The provisions of subsection (c) below shall apply to any gasoline 

dispensing operation which dispenses an average monthly volume of more than 

10,000 gallons of motor vehicle fuel per month. Compliance shall be required 

and demonstrated in accordance with the schedule provided in subsection (d)

below. 

c) Vapor Collection and Control Systems. No owner or operator of a gasoline 

dispensing operation subject to the requirements of subsection (b) above shall 

cause or allow the dispensing of motor vehicle fuel at any time from a motor fuel 

dispenser unless the dispenser is equipped with and utilizes a vapor collection and 

control system which is properly installed and operated as provided in this 

subsection (c)below: 

1) Any vapor collection and control system installed, used or maintained has 

been CARB certified. 

2) Any vapor collection and control system utilized is maintained in 

accordance with the manufacturer's specifications and the certification. 

3) No elements or components of a vapor collection and control system are 

modified, removed, replaced or otherwise rendered inoperative in a 

manner which prevents the system from performing in accordance with its 

certification and design specifications. 

4) A vapor collection and control system has no defective, malfunctioning or 

missing components. 

5) Operators and employees of the gasoline dispensing operation are trained 

and instructed in the proper operation and maintenance of a vapor 

collection and control system. 

6) Instructions are posted in a conspicuous and visible place within the motor 

fuel dispensing area and describe the proper method of dispensing motor 

vehicle fuel with the use of the vapor collection and control system. 

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POLLUTION CONTROL BOARD 

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d) Compliance. In conjunction with the compliance provisions of Section 218.105 

of this Part, gasoline dispensing operations subject to the requirements of 

subsection (c) above shall comply and demonstrate compliance according to the 

following: 

1) Gasoline dispensing operations that operate at any time prior to January 1, 

2014 shall comply with subsection (c) until decommissioning is allowed 

and commenced in accordance with subsections (i)(l) and (i)(2)(B). 

2) The provisions of subsection (c) shall not apply to any new gasoline 

dispensing operation that commences operating for the first time on or 

after January 1, 2014. 

1) Operations that commenced construction after November 1, 1990, must 

comply by May 1, 1993. 

2) Operations that commenced construction before November 1, 1990, and 

dispense an average monthly volume of more than 100,000 gallons of 

motor fuel per month must comply by November 1, 1993. 

3) Operations that commenced construction before November 1, 1990, and 

dispense an average monthly volume of less than 100,000 gallons of motor 

fuel per month must comply by November 1, 1994. 

4) New operations constructed after the adoption of this Section shall comply 

with the requirements of subsection (c) above upon startup of the 

operation. 

5) Existing operations previously exempted from, but which become subject 

to, the requirements of subsection (c) above after May 1, 1993 shall 

comply with the requirements of subsection (c) above within six calendar 

months of the date from which the operation becomes subject.

e) Except as provided in subsection (d), anyAny gasoline dispensing operation that 

becomes subject to the provisions of subsection (c) above at any time shall remain 

subject to the provisions of subsection (c) above at all times. 

f) Upon request by the Agency, the owner or operator of a gasoline dispensing 

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POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

operation which claims to be exempt from the requirements of subsection (c) this 

Section shall submit records to the Agency within 30 calendar days from the date 

of the request which demonstrate that the gasoline dispensing operation is in fact 

exempt. 

g) Recordkeeping and Reportingreporting: 

1) Any gasoline dispensing operation subject to subsection (c) above shall 

retain at the operation copies of the registration information required at 

subsection (h) below. 

2) Except as provided in subsection (g)(4), recordsRecords and reports 

required pursuant to this subsection (g) shall be made available to the 

Agency upon request. 

3) Records and reports, which shall be maintained by the owner or operator 

of athe gasoline dispensing operation subject to subsection (c), shall 

clearly demonstrate: 

A) That a certified vapor collection and control system has been 

installed and tested to verify its performance according to its 

specifications. 

B) That proper maintenance has been conducted in accordance with 

the manufacturer's specifications and requirements. 

C) The time period and duration of all malfunctions of the vapor 

collection and control system. 

D) The motor vehicle fuel throughput of the operation for each 

calendar month of the previous year. 

E) That operators and employees are trained and instructed in the 

proper operation and maintenance of the vapor collection and 

control system and informed as to the potential penalties associated 

with the violation of any provision of this Section. 

4) Any and all records relating to decommissioning shall be maintained by 

the owner or operator of a gasoline dispensing operation for a period of 5 

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NOTICE OF ADOPTED AMENDMENTS 

years after completion of decommissioning in accordance with subsection 

(i). For purposes of this subsection (g)(4), "records" include, but are not 

limited to, any documents, papers, reports, test results, logs, invoices, 

forms, certifications and receipts that relate to decommissioning. Records 

relating to decommissioning shall be made available to the Agency or its 

designee within 30 minutes after the Agency's, or its designee's, request. 

h) Any gasoline dispensing operation subject to subsection (c) above shall comply 

with the following registration requirementsbe exempt from the permit 

requirements specified under 35 Ill. Adm. Code 201.142, 201.143 and 201.144 for 

its vapor collection and control systems, provided that: 

1) Upon the installation of a vapor collection and control system, the owner 

or operator of the gasoline dispensing operation shall submitsubmits to the 

Agency a registration which provides at minimum the operation name and 

address, signature of the owner or operator, the CARB Executive Order 

Number for the vapor collection and control system to be utilized, the 

number of nozzles (excluding diesel or kerosene) used for motor vehicle 

refueling, the monthly average volume of motor vehicle fuel dispensed, 

the location (including contact person's name, address, and telephone 

number) of records and reports required by this Section, and the date of 

completion of installation of the vapor collection and control system. 

2) The registration shall beis submitted to the Agency within 30 days afterof

completion of thesuch installation. 

3) A copy of the registration information shall beis maintained at the gasoline 

dispensing operation. 

4) Upon the modification of an existing vapor collection and control system, 

the owner or operator of the gasoline dispensing operation shall 

submitsubmits to the Agency a registration that details the changes to the 

information provided in the previous registration of the vapor collection 

and control system and which includes the signature of the owner or 

operator. The registration must be submitted to the Agency within 30 

days afterof completion of thesuch modification. 

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NOTICE OF ADOPTED AMENDMENTS 

i) Decommissioning. The owner or operator of a gasoline dispensing operation 

subject at any time to subsection (c) shall decommission vapor collection and 

control systems in accordance with the provisions of this subsection (i). 

1) Compliance 

A) Beginning January 1, 2014, an owner or operator of a gasoline 

dispensing operation may commence decommissioning of vapor 

collection and control systems. The decommissioning of vapor 

collection and control systems must be conducted in accordance 

with all of the provisions specified in subsection (i)(2). 

B) No later than December 31, 2016, an owner or operator of a 

gasoline dispensing operation shall complete the decommissioning 

of all vapor collection and control systems in accordance with all 

of the provisions specified in subsection (i)(2). 

2) Decommissioning Procedures and Standards. The decommissioning of 

vapor collection and control systems shall be conducted as follows: 

A) The owner or operator of a gasoline dispensing operation shall 

complete and submit a notice of intent form, provided by the 

Agency, notifying the Agency of its intent to decommission. The 

completed notice of intent form shall be submitted to the Agency 

at least 10 days prior to commencing decommissioning in 

accordance with subsection (i)(2)(B); 

B) The owner or operator of a gasoline dispensing operation shall 

decommission vapor collection and control systems in accordance 

with all of the procedures specified in Section 14.6, except Section 

14.6.14, of the Petroleum Equipment Institute's "Recommended 

Practices for Installation and Testing of Vapor-Recovery Systems 

at Vehicle-Fueling Sites", PEI/RP 300-09 (PEI), incorporated by 

reference at Section 218.112 of this Part. In addition to Section 

14.6 of the PEI, the following requirements apply to 

decommissioning: 

i) All decommissioning procedures, except testing, shall be 

performed only by a contractor who is both registered with 

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NOTICE OF ADOPTED AMENDMENTS 

the Illinois Department of Agriculture, Bureau of Weights 

and Measures, in the 3-A Gasoline Pump Meters Code 

pursuant to Section 8.1 of the Weights and Measures Act 

[225 ILCS 470/8.1] and licensed by the Office of the State 

Fire Marshal (OSFM) in the installation/retrofitting 

licensure module pursuant to the Petroleum Equipment 

Contractors Licensing Act [225 ILCS 729] and 

implementing regulations at 41 Ill. Adm. Code 172. Any 

such contractor shall also have the appropriate dispensermanufacturer certification and training, if any. In the event 

that product piping must be broken or an OSFM permit is 

otherwise required for any component of the work, the 

contractor shall ensure that the OSFM-permitted work is 

performed by the appropriate OSFM-licensed contractor 

and personnel; 

ii) Decommissioning procedures related to testing shall be 

performed only by a contractor who is licensed by OSFM 

in the tank tightness testing licensure module pursuant to 

the Petroleum Equipment Contractors Licensing Act and 

implementing regulations at 41 Ill. Adm. Code 172; and 

iii) The pressure decay test required by the PEI shall be passed 

in accordance with Appendix A of the PEI. The tie-tank 

test required by the PEI shall be conducted and passed in 

accordance with CARB TP201.3C to ensure that all tanks 

are properly vented; and 

C) The owner or operator of a gasoline dispensing operation and the 

contractors that performed the decommissioning shall complete 

and sign a decommissioning checklist and certification, provided 

by the Agency, documenting the decommissioning procedures 

performed. Within 30 days after completion of the 

decommissioning procedures specified by subsection (i)(2)(B), the 

owner or operator shall provide the completed checklist and 

certification and the test results to the Agency.

(Source: Amended at 38 Ill. Reg. 1032, effective December 23, 2013) 

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POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

1) Heading of the Part: Organic Material Emission Standards and Limitations for the Metro 

East Area 

2) Code Citation: 35 Ill. Adm. Code 219 

3) Section Numbers: Adopted Action: 

219.105 Amend 

219.112 Amend 

 219.583 Amend 

 

4) Statutory Authority: Implementing Section 10 of the Environmental Protection Act [415 

ILCS 5/10] and authorized by Sections 27 and 28 of the Environmental Protection Act 

[415 ILCS 5/27, 28] 

5) Effective Date of Rule: December 23, 2013 

6) Does this rulemaking contain an automatic repeal date? No. 

7) Does this rulemaking contain incorporations by reference? Yes. 

8) A copy of the adopted amendment, including any materials incorporated by reference, is 

on file in the Board's Chicago office at the James R. Thompson Center, 100 W. Randolph 

Street, Suite 11-500, and is available there for public inspection. 

9) Notice of Proposal published in the Illinois Register: May 10, 2013; 37 Ill. Reg. 6083 

10) Has JCAR issued a Statement of Objection to this rulemaking? No

11) Differences between Proposal and Final Version: The differences between the 

rulemaking proposed at first notice and the adopted rulemaking are minor and nonsubstantive. 

12) Have all the changes agreed upon by the Agency and JCAR been made as indicated in the 

agreements letter issued by JCAR? No. Some nonsubstantive changes were not made by 

the Board. 

13) Will this rulemaking replace any emergency rule currently in effect? No 

14) Are there any rulemakings pending on this Part? No 

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POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

15) Summary and Purpose of Rulemaking: The Board repeals Stage II vapor recovery 

(gasoline dispensing to motor vehicles at gasoline dispensing facilities (GDFs)) test 

methods and a Stage II vapor recovery guidance document because the Stage II vapor 

recovery rule/program in the Metro-East nonattainment area was repealed in 1994. In 

addition, the Board repeals the Stage I vapor recovery (storage tank filling at GDFs) 

registration provision (35 Ill. Adm. Code 219.583(e)) due to overlapping federal 

notification requirements and other State tracking systems for GDFs. As part of this 

rulemaking, the permit exemption conditioned upon Stage I registration is relocated to 35 

Ill. Adm. Code 201 and does not require registration. For further details, please see the 

Board’s opinion and order of December 19, 2013, in the rulemaking captioned "Vapor 

Recovery Rules: Amendments to 35 Ill. Adm. Code Parts 201, 218, and 219," docket 

R13-18.

16) Information and questions regarding this adopted rule shall be directed to: 

 Richard McGill 

Illinois Pollution Control Board 

100 W. Randolph Street, Suite 11-500 

Chicago, IL 60601 

312/814-6983 

richard.mcgill@illinois.gov 

Copies of the Board's opinions and orders may be requested from the Clerk of the Board 

at the address listed in #8 above or by calling 312/814-3620. Please refer to the docket 

number, R13-18, in your request. The Board's opinions and orders are also available from 

the Board's website (www.ipcb.state.il.us). 

 

The full text of the Adopted Amendments begins on the next page: 

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POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

TITLE 35: ENVIRONMENTAL PROTECTION 

SUBTITLE B: AIR POLLUTION 

CHAPTER I: POLLUTION CONTROL BOARD 

SUBCHAPTER c: EMISSIONS STANDARDS AND LIMITATIONS 

FOR STATIONARY SOURCES 

PART 219 

ORGANIC MATERIAL EMISSION STANDARDS AND LIMITATIONS 

FOR THE METRO EAST AREA 

SUBPART A: GENERAL PROVISIONS 

Section 

219.100 Introduction 

219.101 Savings Clause 

219.102 Abbreviations and Conversion Factors 

219.103 Applicability 

219.104 Definitions 

219.105 Test Methods and Procedures 

219.106 Compliance Dates 

219.107 Operation of Afterburners 

219.108 Exemptions, Variations, and Alternative Means of Control or Compliance 

Determinations 

219.109 Vapor Pressure of Volatile Organic Liquids 

219.110 Vapor Pressure of Organic Material or Solvent 

219.111 Vapor Pressure of Volatile Organic Material 

219.112 Incorporations by Reference 

219.113 Monitoring for Negligibly-Reactive Compounds 

SUBPART B: ORGANIC EMISSIONS FROM STORAGE AND LOADING OPERATIONS 

Section 

219.119 Applicability for VOL 

219.120 Control Requirements for Storage Containers of VOL 

219.121 Storage Containers of VPL 

219.122 Loading Operations 

219.123 Petroleum Liquid Storage Tanks 

219.124 External Floating Roofs 

219.125 Compliance Dates 

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POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

219.126 Compliance Plan (Repealed) 

219.127 Testing VOL Operations 

219.128 Monitoring VOL Operations 

219.129 Recordkeeping and Reporting for VOL Operations 

SUBPART C: ORGANIC EMISSIONS FROM MISCELLANEOUS EQUIPMENT 

Section 

219.141 Separation Operations 

219.142 Pumps and Compressors 

219.143 Vapor Blowdown 

219.144 Safety Relief Valves 

SUBPART E: SOLVENT CLEANING 

Section 

219.181 Solvent Cleaning Degreasing Operations 

219.182 Cold Cleaning 

219.183 Open Top Vapor Degreasing 

219.184 Conveyorized Degreasing 

219.185 Compliance Schedule (Repealed) 

219.186 Test Methods 

219.187 Other Industrial Solvent Cleaning Operations 

SUBPART F: COATING OPERATIONS 

Section 

219.204 Emission Limitations 

219.205 Daily-Weighted Average Limitations 

219.206 Solids Basis Calculation 

219.207 Alternative Emission Limitations 

219.208 Exemptions From Emission Limitations 

219.209 Exemption From General Rule on Use of Organic Material 

219.210 Compliance Schedule 

219.211 Recordkeeping and Reporting 

219.212 Cross-Line Averaging to Establish Compliance for Coating Lines 

219.213 Recordkeeping and Reporting for Cross-Line Averaging Participating Coating 

Lines 

219.214 Changing Compliance Methods 

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POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

219.215 Wood Furniture Coating Averaging Approach 

219.216 Wood Furniture Coating Add-On Control Use 

219.217 Wood Furniture Coating and Flat Wood Paneling Coating Work Practice 

Standards 

219.218 Work Practice Standards for Paper Coatings, Metal Furniture Coatings, and Large 

Appliance Coatings 

219.219 Work Practice Standards for Automobile and Light-Duty Truck Assembly 

Coatings and Miscellaneous Metal and Plastic Parts Coatings 

SUBPART G: USE OF ORGANIC MATERIAL 

Section 

219.301 Use of Organic Material 

219.302 Alternative Standard 

219.303 Fuel Combustion Emission Units 

219.304 Operations with Compliance Program 

SUBPART H: PRINTING AND PUBLISHING 

Section 

219.401 Flexographic and Rotogravure Printing 

219.402 Applicability 

219.403 Compliance Schedule 

219.404 Recordkeeping and Reporting 

219.405 Lithographic Printing: Applicability 

219.406 Provisions Applying to Heatset Web Offset Lithographic Printing Prior to March 

15, 1996 (Repealed) 

219.407 Emission Limitations and Control Requirements for Lithographic Printing Lines 

219.408 Compliance Schedule for Lithographic Printing On and After March 15, 1996 

(Repealed) 

219.409 Testing for Lithographic Printing 

219.410 Monitoring Requirements for Lithographic Printing 

219.411 Recordkeeping and Reporting for Lithographic Printing 

219.412 Letterpress Printing Lines: Applicability 

219.413 Emission Limitations and Control Requirements for Letterpress Printing Lines 

219.415 Testing for Letterpress Printing Lines 

219.416 Monitoring Requirements for Letterpress Printing Lines 

219.417 Recordkeeping and Reporting for Letterpress Printing Lines 

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POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

SUBPART Q: SYNTHETIC ORGANIC CHEMICAL AND 

POLYMER MANUFACTURING PLANT 

Section 

219.421 General Requirements 

219.422 Inspection Program Plan for Leaks 

219.423 Inspection Program for Leaks 

219.424 Repairing Leaks 

219.425 Recordkeeping for Leaks 

219.426 Report for Leaks 

219.427 Alternative Program for Leaks 

219.428 Open-Ended Valves 

219.429 Standards for Control Devices 

219.430 Compliance Date (Repealed) 

219.431 Applicability 

219.432 Control Requirements 

219.433 Performance and Testing Requirements 

219.434 Monitoring Requirements 

219.435 Recordkeeping and Reporting Requirements 

219.436 Compliance Date 

SUBPART R: PETROLEUM REFINING AND 

RELATED INDUSTRIES; ASPHALT MATERIALS 

Section 

219.441 Petroleum Refinery Waste Gas Disposal 

219.442 Vacuum Producing Systems 

219.443 Wastewater (Oil/Water) Separator 

219.444 Process Unit Turnarounds 

219.445 Leaks: General Requirements 

219.446 Monitoring Program Plan for Leaks 

219.447 Monitoring Program for Leaks 

219.448 Recordkeeping for Leaks 

219.449 Reporting for Leaks 

219.450 Alternative Program for Leaks 

219.451 Sealing Device Requirements 

219.452 Compliance Schedule for Leaks 

219.453 Compliance Dates (Repealed) 

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POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

SUBPART S: RUBBER AND MISCELLANEOUS PLASTIC PRODUCTS 

Section 

219.461 Manufacture of Pneumatic Rubber Tires 

219.462 Green Tire Spraying Operations 

219.463 Alternative Emission Reduction Systems 

219.464 Emission Testing 

219.465 Compliance Dates (Repealed) 

219.466 Compliance Plan (Repealed) 

SUBPART T: PHARMACEUTICAL MANUFACTURING 

Section 

219.480 Applicability 

219.481 Control of Reactors, Distillation Units, Crystallizers, Centrifuges and Vacuum 

Dryers 

219.482 Control of Air Dryers, Production Equipment Exhaust Systems and Filters 

219.483 Material Storage and Transfer 

219.484 In-Process Tanks 

219.485 Leaks 

219.486 Other Emission Units 

219.487 Testing 

219.488 Monitoring for Air Pollution Control Equipment 

219.489 Recordkeeping for Air Pollution Control Equipment 

SUBPART V: BATCH OPERATIONS AND AIR OXIDATION PROCESSES 

Section 

219.500 Applicability for Batch Operations 

219.501 Control Requirements for Batch Operations 

219.502 Determination of Uncontrolled Total Annual Mass Emissions and Actual 

Weighted Average Flow Rate Values for Batch Operations 

219.503 Performance and Testing Requirements for Batch Operations 

219.504 Monitoring Requirements for Batch Operations 

219.505 Reporting and Recordkeeping for Batch Operations 

219.506 Compliance Date 

219.520 Emission Limitations for Air Oxidation Processes 

219.521 Definitions (Repealed) 

219.522 Savings Clause 

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POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

219.523 Compliance 

219.524 Determination of Applicability 

219.525 Emission Limitations for Air Oxidation Processes (Renumbered) 

219.526 Testing and Monitoring 

219.527 Compliance Date (Repealed) 

SUBPART W: AGRICULTURE 

Section 

219.541 Pesticide Exception 

SUBPART X: CONSTRUCTION 

Section 

219.561 Architectural Coatings 

219.562 Paving Operations 

219.563 Cutback Asphalt 

SUBPART Y: GASOLINE DISTRIBUTION 

Section 

219.581 Bulk Gasoline Plants 

219.582 Bulk Gasoline Terminals 

219.583 Gasoline Dispensing Operations – Storage Tank Filling Operations 

219.584 Gasoline Delivery Vessels 

219.585 Gasoline Volatility Standards (Repealed) 

219.586 Gasoline Dispensing Operations – Motor Vehicle Fueling Operations (Repealed) 

SUBPART Z: DRY CLEANERS 

Section 

219.601 Perchloroethylene Dry Cleaners (Repealed) 

219.602 Exemptions (Repealed) 

219.603 Leaks (Repealed) 

219.604 Compliance Dates (Repealed) 

219.605 Compliance Plan (Repealed) 

219.606 Exception to Compliance Plan (Repealed) 

219.607 Standards for Petroleum Solvent Dry Cleaners 

219.608 Operating Practices for Petroleum Solvent Dry Cleaners 

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POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

219.609 Program for Inspection and Repair of Leaks 

219.610 Testing and Monitoring 

219.611 Exemption for Petroleum Solvent Dry Cleaners 

219.612 Compliance Dates (Repealed) 

219.613 Compliance Plan (Repealed) 

SUBPART AA: PAINT AND INK MANUFACTURING 

Section 

219.620 Applicability 

219.621 Exemption for Waterbase Material and Heatset-Offset Ink 

219.623 Permit Conditions 

219.624 Open-Top Mills, Tanks, Vats or Vessels 

219.625 Grinding Mills 

219.626 Storage Tanks 

219.628 Leaks 

219.630 Clean Up 

219.636 Compliance Schedule 

219.637 Recordkeeping and Reporting 

SUBPART BB: POLYSTYRENE PLANTS 

Section 

219.640 Applicability 

219.642 Emissions Limitation at Polystyrene Plants 

219.644 Emissions Testing 

SUBPART FF: BAKERY OVENS 

Section 

219.720 Applicability (Repealed) 

219.722 Control Requirements (Repealed) 

219.726 Testing (Repealed) 

219.727 Monitoring (Repealed) 

219.728 Recordkeeping and Reporting (Repealed) 

219.729 Compliance Date (Repealed) 

219.730 Certification (Repealed) 

SUBPART GG: MARINE TERMINALS 

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POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

Section 

219.760 Applicability 

219.762 Control Requirements 

219.764 Compliance Certification 

219.766 Leaks 

219.768 Testing and Monitoring 

219.770 Recordkeeping and Reporting 

SUBPART HH: MOTOR VEHICLE REFINISHING 

Section 

219.780 Emission Limitations 

219.782 Alternative Control Requirements 

219.784 Equipment Specifications 

219.786 Surface Preparation Materials 

219.787 Work Practices 

219.788 Testing 

219.789 Monitoring and Recordkeeping for Control Devices 

219.790 General Recordkeeping and Reporting (Repealed) 

219.791 Compliance Date 

219.792 Registration (Repealed) 

219.875 Applicability of Subpart BB (Renumbered) 

219.877 Emissions Limitation at Polystyrene Plants (Renumbered) 

219.879 Compliance Date (Repealed) 

219.881 Compliance Plan (Repealed) 

219.883 Special Requirements for Compliance Plan (Repealed) 

219.886 Emissions Testing (Renumbered) 

SUBPART II: FIBERGLASS BOAT MANUFACTURING MATERIALS 

Section 

219.890 Applicability 

219.891 Emission Limitations and Control Requirements 

219.892 Testing and Monitoring Requirements 

219.894 Recordkeeping and Reporting Requirements 

SUBPART JJ: MISCELLANEOUS INDUSTRIAL ADHESIVES 

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POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

Section 

219.900 Applicability 

219.901 Emission Limitations and Control Requirements 

219.902 Testing Requirements 

219.903 Monitoring Requirements 

219.904 Recordkeeping and Reporting Requirements 

SUBPART PP: MISCELLANEOUS FABRICATED PRODUCT 

MANUFACTURING PROCESSES 

Section 

219.920 Applicability 

219.923 Permit Conditions 

219.926 Control Requirements 

219.927 Compliance Schedule 

219.928 Testing 

SUBPART QQ: MISCELLANEOUS FORMULATION 

MANUFACTURING PROCESSES 

Section 

219.940 Applicability 

219.943 Permit Conditions 

219.946 Control Requirements 

219.947 Compliance Schedule 

219.948 Testing 

SUBPART RR: MISCELLANEOUS ORGANIC CHEMICAL 

MANUFACTURING PROCESSES 

Section 

219.960 Applicability 

219.963 Permit Conditions 

219.966 Control Requirements 

219.967 Compliance Schedule 

219.968 Testing 

SUBPART TT: OTHER EMISSION UNITS 

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POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

Section 

219.980 Applicability 

219.983 Permit Conditions 

219.986 Control Requirements 

219.987 Compliance Schedule 

219.988 Testing 

SUBPART UU: RECORDKEEPING AND REPORTING 

Section 

219.990 Exempt Emission Units 

219.991 Subject Emission Units 

219.APPENDIX A List of Chemicals Defining Synthetic Organic Chemical and Polymer 

Manufacturing 

219.APPENDIX B VOM Measurement Techniques for Capture Efficiency (Repealed) 

219.APPENDIX C Reference Methods and Procedures 

219.APPENDIX D Coefficients for the Total Resource Effectiveness Index (TRE) Equation 

219.APPENDIX E List of Affected Marine Terminals 

219.APPENDIX G TRE Index Measurements for SOCMI Reactors and Distillation Units 

219.APPENDIX H Baseline VOM Content Limitations for Subpart F, Section 219.212 CrossLine Averaging 

AUTHORITY: Implementing Section 10 and authorized by Sections 27, 28 and 28.5 of the 

Environmental Protection Act [415 ILCS 5/10, 27, 28 and 28.5]. 

SOURCE: Adopted in R91-8 at 15 Ill. Reg. 12491, effective August 16, 1991; amended in R91-

24 at 16 Ill. Reg. 13597, effective August 24, 1992; amended in R91-30 at 16 Ill. Reg. 13883, 

effective August 24, 1992; emergency amendment in R93-12 at 17 Ill. Reg. 8295, effective May 

24, 1993, for a maximum of 150 days; amended in R93-9 at 17 Ill. Reg. 16918, effective 

September 27, 1993 and October 21, 1993; amended in R93-28 at 18 Ill. Reg. 4242, effective 

March 3, 1994; amended in R94-12 at 18 Ill. Reg. 14987, effective September 21, 1994; 

amended in R94-15 at 18 Ill. Reg. 16415, effective October 25, 1994; amended in R94-16 at 18 

Ill. Reg. 16980, effective November 15, 1994; emergency amendment in R95-10 at 19 Ill. Reg. 

3059, effective February 28, 1995, for a maximum of 150 days; amended in R94-21, R94-31 and 

R94-32 at 19 Ill. Reg. 6958, effective May 9, 1995; amended in R94-33 at 19 Ill. Reg. 7385, 

effective May 22, 1995; amended in R96-2 at 20 Ill. Reg. 3848, effective February 15, 1996; 

amended in R96-13 at 20 Ill. Reg. 14462, effective October 28, 1996; amended in R97-24 at 21 

Ill. Reg. 7721, effective June 9, 1997; amended in R97-31 at 22 Ill. Reg. 3517, effective 

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POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

February 2, 1998; amended in R04-12/20 at 30 Ill. Reg. 9799, effective May 15, 2006; amended 

in R06-21 at 31 Ill. Reg. 7110, effective April 30, 2007; amended in R10-10 at 34 Ill. Reg. 5392, 

effective March 23, 2010; amended in R10-8 at 34 Ill. Reg. 9253, effective June 25, 2010; 

amended in R10-20 at 34 Ill. Reg. 14326, effective September 14, 2010; amended in R10-8(A) at 

35 Ill. Reg. 496, effective December 21, 2010; amended in R11-23 at 35 Ill. Reg. 13676, 

effective July 27, 2011; amended in R11-23(A) at 35 Ill. Reg. 18830, effective October 25, 2011; 

amended in R12-24 at 37 Ill. Reg. 1722, effective January 28, 2013; amended in R13-18 at 38 Ill. 

Reg. 1061, effective December 23, 2013. 

SUBPART A: GENERAL PROVISIONS 

Section 219.105 Test Methods and Procedures 

a) Coatings, Inks and Fountain Solutions 

The following test methods and procedures shall be used to determine compliance 

of as applied coatings, inks, and fountain solutions with the limitations set forth in 

this Part. 

1) Sampling: Samples collected for analyses shall be one-liter taken into a 

one-liter container at a location and time such that the sample will be 

representative of the coating as applied (i.e., the sample shall include any 

dilution solvent or other VOM added during the manufacturing process). 

The container must be tightly sealed immediately after the sample is taken. 

Any solvent or other VOM added after the sample is taken must be 

measured and accounted for in the calculations in subsection (a)(3) of this 

Section. For multiple package coatings, separate samples of each 

component shall be obtained. A mixed sample shall not be obtained as it 

will cure in the container. Sampling procedures shall follow the 

guidelines presented in: 

A) ASTM D 3925-81 (1985) standard practice for sampling liquid 

paints and related pigment coating. This practice is incorporated 

by reference in Section 219.112 of this Part. 

B) ASTM E 300-86 standard practice for sampling industrial 

chemicals. This practice is incorporated by reference in Section 

219.112 of this Part. 

2) Analyses: The applicable analytical methods specified below shall be 

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POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

used to determine the composition of coatings, inks, or fountain solutions 

as applied. 

A) Method 24 of 40 CFR 60, appendix A, incorporated by reference 

in Section 219.112 of this Part, shall be used to determine the 

VOM content and density of coatings. If it is demonstrated to the 

satisfaction of the Agency and the USEPA that plant coating 

formulation data are equivalent to Method 24 results, formulation 

data may be used. In the event of any inconsistency between a 

Method 24 test and a facility's formulation data, the Method 24 test 

will govern. 

B) Method 24A of 40 CFR 60, appendix Appendix A, incorporated by 

reference in Section 219.112, shall be used to determine the VOM 

content and density of rotogravure printing inks and related 

coatings. If it is demonstrated to the satisfaction of the Agency 

and USEPA that the plant coating formulation data are equivalent 

to Method 24A results, formulation data may be used. In the event 

of any inconsistency between a Method 24A test and formulation 

data, the Method 24A test will govern. 

C) The following ASTM methods are the analytical procedures for 

determining VOM: 

i) ASTM D 1475-85: Standard test method for density of 

paint, varnish, lacquer and related products. This test 

method is incorporated by reference in Section 219.112 of 

this Part. 

ii) ASTM D 2369-87: Standard test method for volatile 

content of a coating. This test method is incorporated by 

reference in Section 219.112 of this Part. 

iii) ASTM D 3792-86: Standard test method for water content 

of water-reducible paints by direct injection into a gas 

chromatograph. This test method is incorporated by 

reference in Section 219.112 of this Part. 

iv) ASTM D 4017-81 (1987): Standard test method for water 

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POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

content in paints and paint materials by the Karl Fischer 

method. This test method is incorporated by reference in 

Section 219.112 of this Part. 

v) ASTM D 4457-85: Standard test method for determination 

of dichloromethane and 1,1,1, trichloroethane in paints and 

coatings by direct injection into a gas chromatograph. (The 

procedure delineated above can be used to develop 

protocols for any compounds specifically exempted from 

the definition of VOM.) This test method is incorporated by 

reference in Section 219.112 of this Part. 

vi) ASTM D 2697-86: Standard test method for volume nonvolatile matter in clear or pigmented coatings. This test 

method is incorporated by reference in Section 219.112 of 

this Part. 

vii) ASTM D 3980-87: Standard practice for interlaboratory 

testing of paint and related materials. This practice is 

incorporated by reference in Section 219.112 of this Part. 

viii) ASTM E 180-85: Standard practice for determining the 

precision of ASTM methods for analysis of and testing of 

industrial chemicals. This practice is incorporated by 

reference in Section 219.112 of this Part. 

ix) ASTM D 2372-85: Standard method of separation of 

vehicle from solvent-reducible paints. This method is 

incorporated by reference in Section 219.112 of this Part. 

D) Use of an adaptation to any of the analytical methods specified in 

subsections (a)(2)(A), (B), and (C) of this Section may not be used 

unless approved by the Agency and USEPA. An owner or 

operator must submit sufficient documentation for the Agency and 

USEPA to find that the analytical methods specified in subsections 

(a)(2)(A), (B), and (C) of this Section will yield inaccurate results 

and that the proposed adaptation is appropriate. 

3) Calculations: Calculations for determining the VOM content, water 

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POLLUTION CONTROL BOARD 

NOTICE OF ADOPTED AMENDMENTS 

content and the content of any compounds which are specifically 

exempted from the definition of VOM of coatings, inks and fountain 

solutions as applied shall follow the guidance provided in the following 

documents: 

A) "A Guide for Surface Coating Calculation", EPA-340/1-86-016, 

incorporated by reference in Section 219.112 of this Part. 

B) "Procedures for Certifying Quantity of Volatile Organic 

Compounds Emitted by Paint, Ink and Other Coatings" (revised 

June 1986), EPA-450/3-84-019, incorporated by reference in 

Section 219.112 of this Part. 

C) "A Guide for Graphic Arts Calculations", August 1988, EPA340/1-88-003, incorporated by reference in Section 219.112 of this 

Part. 

b) Automobile or Light-Duty Truck Test Protocol 

1) The protocol for testing, including determining the transfer efficiency of 

coating applicators, at primer surfacer operations and topcoat operations at 

an automobile or light-duty truck assembly source shall follow the 

procedures in the following: 

A) Prior to May 1, 2012: "Protocol for Determining the Daily 

Volatile Organic Compound Emission Rate of Automobile and 

Light-Duty Truck Topcoat Operations" ("topcoat protocol"), 

December 1988, EPA-450/3-88-018, incorporated by reference in 

Section 219.112 of this Part. 

B) On and after May 1, 2012: "Protocol for Determining the Daily 

Volatile Organic Compound Emission Rate of Automobile and 

Light-Duty Truck Primer-Surfacer and Topcoat Operations" 

(topcoat protocol), September 2008, EPA-453/R-08-002, 

incorporated by reference in Section 219.112 of this Part. 

2) Prior to testing pursuant to the applicable topcoat protocol, the owner or 

operator of a coating operation subject to the topcoat or primer surfacer 

limit in Section 219.204(a)(1)(B), (a)(1)(C), (a)(2)(B), (a)(2)(C), or 

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NOTICE OF ADOPTED AMENDMENTS 

(a)(2)(E) shall submit a detailed testing proposal specifying the method by 

which testing will be conducted and how compliance will be demonstrated 

consistent with the applicable topcoat protocol. The proposal shall 

include, at a minimum, a comprehensive plan (including a rationale) for 

determining the transfer efficiency at each booth through the use of inplant or pilot testing, the selection of coatings to be tested (for the purpose 

of determining transfer efficiency) including the rationale for coating 

groupings, the method for determining the analytic VOM content of as 

applied coatings and the formulation solvent content of as applied 

coatings, and a description of the records of coating VOM content as 

applied and coating's usage that will be kept to demonstrate compliance. 

Upon approval of the proposal by the Agency and USEPA, the compliance 

demonstration for a coating line may proceed. 

c) Capture System Efficiency Test Protocols 

1) Applicability 

The requirements of subsection (c)(2) of this Section shall apply to all 

VOM emitting process emission units employing capture equipment (e.g., 

hoods, ducts), except those cases noted in this subsection (c)(1). 

A) If an emission unit is equipped with (or uses) a permanent total 

enclosure (PTE) that meets Agency and USEPA specifications, 

and which directs all VOM to a control device, then the emission 

unit is exempted from the requirements described in subsection 

(c)(2) of this Section. The Agency and USEPA specifications to 

determine whether a structure is considered a PTE are given in 

Method 204 of appendix M of 40 CFR 51, incorporated by 

reference in Section 219.112 of this Part. In this instance, the 

capture efficiency is assumed to be 100 percent and the emission 

unit is still required to measure control efficiency using appropriate 

test methods as specified in subsection (d) of this Section. 

B) If an emission unit is equipped with (or uses) a control device 

designed to collect and recover VOM (e.g., carbon adsorber), an 

explicit measurement of capture efficiency is not necessary 

provided that the conditions given below are met. The overall 

control of the system can be determined by directly comparing the 

input liquid VOM to the recovered liquid VOM. The general 

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procedure for use in this situation is given in 40 CFR 60.433, 

incorporated by reference in Section 219.112 of this Part, with the 

following additional restrictions: 

i) The source owner or operator shall obtain data each 

operating day for the solvent usage and solvent recovery to 

permit the determination of the solvent recovery efficiency 

of the system each operating day using a 7-day rolling 

period. The recovery efficiency for each operating day is 

computed as the ratio of the total recovered solvent for that 

day and the most recent prior 6 operating days to the total 

solvent usage for the same 7-day period used for the 

recovered solvent, rather than a 30-day weighted average as 

given in 40 CFR 60.433 incorporated by reference in 

Section 219.112 of this Part. This ratio shall be expressed 

as a percentage. The ratio shall be computed within 72 

hours following each 7-day period. A source that believes 

that the 7-day rolling period is not appropriate may use an 

alternative multi-day rolling period not to exceed 30 days, 

with the approval of the Agency and USEPA. In addition, 

the criteria in subsection (c)(1)(B)(ii) or subsection 

(c)(1)(B)(iii) below must be met. 

ii) The solvent recovery system (i.e., capture and control 

system) must be dedicated to a single coating line, printing 

line, or other discrete activity that by itself is subject to an 

applicable VOM emission standard., or 

iii) However, if If the solvent recovery system controls more 

than one coating line, printing line or other discrete activity 

that by itself is subject to an applicable VOM emission 

standard, the overall control (i.e., the total recovered VOM 

divided by the sum of liquid VOM input from all lines and 

other activities venting to the control system) must meet or 

exceed the most stringent standard applicable to any line or 

other discrete activity venting to the control system. 

2) Capture Efficiency Protocols 

The capture efficiency of an emission unit shall be measured using one of 

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the protocols given below. Appropriate test methods to be utilized in each 

of the capture efficiency protocols are described in appendix M of 40 CFR 

51, incorporated by reference in Section 219.112 of this Part. Any error 

margin associated with a test method or protocol may not be incorporated 

into the results of a capture efficiency test. If these techniques are not 

suitable for a particular process, then an alternative capture efficiency 

protocol may be used, pursuant to the provisions of Section 219.108(b) of 

this Part. 

A) Gas/gas method using temporary total enclosure (TTE). The 

Agency and USEPA specifications to determine whether a 

temporary enclosure is considered a TTE are given in Method 204 

of appendix M of 40 CFR 51, incorporated by reference in Section 

219.112 of this Part. The capture efficiency equation to be used 

for this protocol is: 

ww

w

FG

G

CE





where: 

CE = capture efficiency, decimal fraction;

Gw = mass of VOM captured and delivered to control 

device using a TTE;

Fw = mass of uncaptured VOM that escapes from a TTE.

Method 204B or 204C contained in appendix M of 40 CFR 51, 

incorporated by reference in Section 219.112 of this Part, is used to 

obtain Gw. Method 204D in appendix M of 40 CFR 51, 

incorporated by reference in Section 219.112 of this Part, is used to 

obtain Fw. 

B) Liquid/gas method using TTE. The Agency and USEPA 

specifications to determine whether a temporary enclosure is 

considered a TTE are given in Method 204 of appendix M of 40 

CFR 51, incorporated by reference in Section 219.112 of this Part. 

The capture efficiency equation to be used for this protocol is: 

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L

FL

CE  W

where: 

CE = capture efficiency, decimal fraction;

L = mass of liquid VOM input to process emission unit;

Fw = mass of uncaptured VOM that escapes from a TTE.

Method 204A or 204F contained in appendix M of 40 CFR 51, 

incorporated by reference in Section 219.112 of this Part is used to 

obtain L. Method 204 in appendix M of 40 CFR 51, incorporated 

by reference in Section 219.112 of this Part is used to obtain Fw. 

C) Gas/gas method using the building or room (building or room 

enclosure), in which the affected coating line, printing line or other 

emission unit is located, as the enclosure, as determined by Method 

204 of appendix M of 40 CFR 51, incorporated by reference in 

Section 219.112 of this Part, and in which "FB" and "G" are 

measured while operating only the affected line or emission unit. 

All fans and blowers in the building or room must be operated as 

they would under normal production. The capture efficiency 

equation to be used for this protocol is: 

FG B

G

CE





where: 

CE = capture efficiency, decimal fraction;

G = mass of VOM captured and delivered to control device;

FB = mass of uncaptured VOM that escapes from building 

enclosure.

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Method 204B or 204C contained in appendix M of 40 CFR 51, 

incorporated by reference in Section 219.112 of this Part, is used to 

obtain G. Method 204E in appendix M of 40 CFR 51, incorporated 

by reference in Section 219.112 of this Part is used to obtain FB. 

D) Liquid/gas method using the building or room (building or room 

enclosure), in which the affected coating line, printing line or other 

emission unit is located, as the enclosure as determined by Method 

204 of appendix M of 40 CFR 51, incorporated by reference in 

Section 219.112 of this Part, and in which "FB" and "L" are 

measured while operating only the affected line emission unit. All 

fans and blowers in the building or room must be operated as they 

would under normal production. The capture efficiency equation 

to be used for this protocol is: 

L

FL

CE  B

where: 

CE = capture efficiency, decimal fraction;

L = mass of liquid VOM input to process emission unit;

FB = mass of uncaptured VOM that escapes from building 

enclosure.

Method 204A or 204F contained in appendix M of 40 CFR 51, 

incorporated by reference in Section 219.112 of this Part, is used to 

obtain L. Method 204E in appendix M of 40 CFR 51, incorporated 

by reference in Section 219.112 of this Part, is used to obtain FB. 

E) Mass balance using Data Quality Objective (DQO) or Lower 

Confidence Limit (LCL) protocol. For a liquid/gas input where an 

owner or operator is using the DQO/LCL protocol and not using an 

enclosure as described in Method 204 of appendix M of 40 CFR 

51, incorporated by reference in Section 219.112 of this Part, the 

VOM content of the liquid input (L) must be determined using 

Method 204A or 204F in appendix M of 40 CFR 51, incorporated 

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by reference in Section 219.112 of this Part. The VOM content of 

the captured gas stream (G) to the control device must be 

determined using Method 204B or 204C in appendix M of 40 CFR 

51, incorporated by reference in Section 219.112 of this Part. The 

results of capture efficiency calculations (G/L) must satisfy the 

DQO or LCL statistical analysis methodology as described in 

Section 3 of USEPA's "Guidelines for Determining Capture 

Efficiency,", incorporated by reference at Section 219.112 of this 

Part. Where capture efficiency testing is done to determine 

emission reductions for the purpose of establishing emission 

credits for offsets, shutdowns, and trading, the LCL protocol 

cannot be used for these applications. In enforcement cases, the 

LCL protocol cannot confirm non-compliance; capture efficiency 

must be determined using a protocol under subsection (c)(2)(A), 

(B), (C) or (D) of this Section, the DQO protocol of this subsection 

(c)(2)(E), or an alternative protocol pursuant to Section 219.108(b) 

of this Part.

BOARD NOTE: Where LCL was used in testing emission units 

that are the subject of later requests for establishing emission 

credits for offsets, shutdowns, and trading, prior LCL results may 

not be relied upon to determine the appropriate amount of credits. 

Instead, to establish the appropriate amount of credits, additional 

testing may be required that would satisfy the protocol of Section 

219.105(c)(2)(A), (B), (C) or (D), the DQO protocol of Section 

219.105(c)(2)(E), or an alternative protocol pursuant to Section 

219.108(b) of this Part. 

3) Simultaneous testing of multiple lines or emission units with a common 

control device. If an owner or operator has multiple lines sharing a 

common control device, the capture efficiency of the lines may be tested 

simultaneously, subject to the following provisions: 

A) Multiple line testing must meet the criteria of Section 4 of 

USEPA's "Guidelines for Determining Capture Efficiency,",

incorporated by reference at Section 219.112 of this Part; 

B) The most stringent capture efficiency required for any individual 

line or unit must be met by the aggregate of lines or units; and 

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C) Testing of all the lines of emission units must be performed with 

the same capture efficiency test protocol. 

4) Recordkeeping and Reporting 

A) All owners or operators affected by this subsection must maintain a 

copy of the capture efficiency protocol submitted to the Agency 

and the USEPA on file. All results of the appropriate test methods 

and capture efficiency protocols must be reported to the Agency 

within 60 days after the test date. A copy of the results must be 

kept on file with the source for a period of 3 years. 

B) If any changes are made to capture or control equipment, then the 

source is required to notify the Agency and the USEPA of these 

changes and a new test may be required by the Agency or the 

USEPA. 

C) The source must notify the Agency 30 days prior to performing any 

capture efficiency or control test. At that time, the source must 

notify the Agency which capture efficiency protocol and control 

device test methods will be used. Notification of the actual date and 

expected time of testing must be submitted a minimum of 5 

working days prior to the actual date of the test. The Agency may 

at its discretion accept notification with shorter advance notice 

provided that such arrangements do not interfere with the Agency's 

ability to review the protocol and/or observe testing. 

D) Sources utilizing a PTE must demonstrate that this enclosure meets 

the requirement given in Method 204 in appendix M of 40 CFR 51, 

incorporated by reference in Section 219.112 of this Part, for a 

PTE during any testing of their control device. 

E) Sources utilizing a TTE must demonstrate that their TTE meets the 

requirements given in Method 204 in appendix M or 40 CFR 51, 

incorporated by reference in Section 219.112 of this Part, for a 

TTE during any testing of their control device. The source must 

also provide documentation that the quality assurance criteria for a 

TTE have been achieved. 

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F) Any source utilizing the DQO or LCL protocol must submit the 

following information to the Agency with each test report: 

i) A copy of all test methods, Quality Assurance/Quality 

Control procedures, and calibration procedures to be used 

from those described in appendix M of 40 CFR 51, 

incorporated by reference in Section 219.112 of this Part; 

ii) A table with information on each sample taken, including 

the sample identification and the VOM content of the 

sample; 

iii) The quantity of material used for each test run; 

iv) The quantity of captured VOM for each test run; 

v) The capture efficiency calculations and results for each test 

run; 

vi) The DQO and/or LCL calculations and results; and 

vii) The Quality Assurance/Quality Control results, including 

how often the instruments were calibrated, the calibration 

results, and the calibration gases used. 

d) Control Device Efficiency Testing and Monitoring 

1) The control device efficiency shall be determined by simultaneously 

measuring the inlet and outlet gas phase VOM concentrations and gas 

volumetric flow rates in accordance with the gas phase test methods 

specified in subsection (f) of this Section. 

2) An owner or operator: 

A) That uses an afterburner or carbon adsorber to comply with any 

Section of this Part 219 shall use Agency and USEPA approved 

continuous monitoring equipment which is installed, calibrated, 

maintained, and operated according to vendor specifications at all 

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times the control device is in use except as provided in subsection 

(d)(3) of this Section. The continuous monitoring equipment must 

monitor the following parameters: 

i) For each afterburner which does not have a catalyst bed, 

the combustion chamber temperature of each afterburner. 

ii) For each afterburner which has a catalyst bed, commonly 

known as a catalytic afterburner, the temperature rise 

across each catalytic afterburner bed or VOM concentration 

of exhaust. 

iii) For each carbon adsorber, the VOM concentration of each 

carbon adsorption bed exhaust or the exhaust of the bed 

next in sequence to be desorbed. 

B) Must install, calibrate, operate and maintain, in accordance with 

manufacturer's specifications, a continuous recorder on the 

temperature monitoring device, such as a strip chart, recorder or 

computer, having an accuracy of ± 1 percent of the temperature 

measured, expressed in degrees Celsius or ± 0.5° C, whichever is 

greater. 

C) Of an automobile or light-duty truck primer surfacer operation or 

topcoat operation subject to subsection (d)(2)(A), shall keep a 

separate record of the following data for the control devices, unless 

alternative provisions are set forth in a permit pursuant to Title V 

of the Clean Air Act: 

i) For thermal afterburners for which combustion chamber 

temperature is monitored, all 3-hour periods of operation in 

which the average combustion temperature was more than 

28° C (50° F) below the average combustion temperature 

measured during the most recent performance test that 

demonstrated that the operation was in compliance. 

ii) For catalytic afterburners for which temperature rise is 

monitored, all 3-hour periods of operation in which the 

average gas temperature before the catalyst bed is more 

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than 28° C (50° F) below the average gas temperature 

immediately before the catalyst bed measured during the 

most recent performance test that demonstrated that the 

operation was in compliance. 

iii) For catalytic afterburners and carbon adsorbers for which 

VOM concentration is monitored, all 3-hour periods of 

operation during which the average VOM concentration or 

the reading of organics in the exhaust gases is more than 20 

percent greater than the average exhaust gas concentration 

or reading measured by the organic monitoring device 

during the most recent determination of the recovery 

efficiency of a carbon adsorber or performance test for a 

catalytic afterburner, which determination or test that 

demonstrated that the operation was in compliance. 

3) An owner or operator that uses a carbon adsorber to comply with Section 

219.401 of this Part may operate the adsorber during periods of 

monitoring equipment malfunction, provided that: 

A) The owner or operator notifies in writing the Agency and USEPA, 

within 10 days after the conclusion of any 72 hour period during 

which the adsorber is operated and the associated monitoring 

equipment is not operational, of such monitoring equipment failure 

and provides the duration of the malfunction, a description of the 

repairs made to the equipment, and the total to date of all hours in 

the calendar year during which the adsorber was operated and the 

associated monitoring equipment was not operational; 

B) During such period of malfunction the adsorber is operated using 

timed sequences as the basis for periodic regeneration of the 

adsorber; 

C) The period of such adsorber operation does not exceed 360 hours 

in any calendar year without the approval of the Agency and 

USEPA; and 

D) The total of all hours in the calendar year during which the 

adsorber was operated and the associated monitoring equipment 

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was not operational shall be reported, in writing, to the Agency and 

USEPA by January 31 of the following calendar year. 

e) Overall Efficiency 

1) The overall efficiency of the emission control system shall be determined 

as the product of the capture system efficiency and the control device 

efficiency or by the liquid/liquid test protocol as specified in 40 CFR 

60.433, incorporated by reference in Section 219.112 of this Part, (and 

revised by subsection (c)(1)(B) of this Section) for each solvent recovery 

system. In those cases in which the overall efficiency is being determined 

for an entire line, the capture efficiency used to calculate the product of 

the capture and control efficiency is the total capture efficiency over the 

entire line. 

2) For coating lines which are both chosen by the owner or operator to 

comply with Section 219.207(a), (d), (e), (f), (g), (l), or (m) of this Part by 

the alternative in Section 219.207(b)(2) of this Part and meet the criteria 

allowing them to comply with Section 219.207 instead of Section 219.204 

of this Part, the overall efficiency of the capture system and control 

device, as determined by the test methods and procedures specified in 

subsections (c), (d) and (e)(1) of this Section, shall be no less than the 

equivalent overall efficiency which shall be calculated by the following 

equation: 

100 

a

a l

VOM

VOM VOM

E

where: 

E = Equivalent overall efficiency of the capture system 

and control device as a percentage;

VOMa = Actual VOM content of a coating, or the dailyweighted average VOM content of two or more 

coatings (if more than one coating is used), as 

applied to the subject coating line as determined by 

the applicable test methods and procedures 

specified in subsection (a)(4)(i) of this Part in units 

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of kg VOM/1 (lb VOM/gal) of coating solids as 

applied;

VOM1 = The VOM emission limit specified in Sections 

219.204 or 219.205 of this Part in units of kg 

VOM/1 (lb VOM/gal) of coating solids as applied.

f) Volatile Organic Material Gas Phase Source Test Methods 

The methods in 40 CFR 60, appendix A, incorporated by reference in Section 

219.112 of this Part delineated below shall be used to determine control device 

efficiencies. 

1) 40 CFR 60, appendix A, Method 18, 25 or 25A, incorporated by reference 

in Section 219.112 of this Part as appropriate to the conditions at the site, 

shall be used to determine VOM concentration. Method selection shall be 

based on consideration of the diversity of organic species present and their 

total concentration and on consideration of the potential presence of 

interfering gases. Except as indicated in subsections (f)(1)(A) and (B) 

below, the test shall consist of three separate runs, each lasting a minimum 

of 60 min, unless the Agency and the USEPA determine that process 

variables dictate shorter sampling times. 

A) When the method is to be used to determine the efficiency of a 

carbon adsorption system with a common exhaust stack for all the 

individual adsorber vessels, the test shall consist of three separate 

runs, each coinciding with one or more complete sequences 

through the adsorption cycles of all the individual adsorber vessels. 

B) When the method is to be used to determine the efficiency of a 

carbon adsorption system with individual exhaust stacks for each 

adsorber vessel, each adsorber vessel shall be tested individually. 

The test for each adsorber vessel shall consist of three separate 

runs. Each run shall coincide with one or more complete 

adsorption cycles. 

2) 40 CFR 60, appendix A, Method 1 or 1A, incorporated by reference in 

Section 219.112 of this Part, shall be used for sample and velocity 

traverses. 

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3) 40 CFR 60, appendix A, Method 2, 2A, 2C or 2D, incorporated by 

reference in Section 219.112 of this Part, shall be used for velocity and 

volumetric flow rates. 

4) 40 CFR 60, appendix A, Method 3, incorporated by reference in Section 

219.112 of this Part, shall be used for gas analysis. 

5) 40 CFR 60, appendix A, Method 4, incorporated by reference in Section 

219.112 of this Part, shall be used for stack gas moisture. 

6) 40 CFR 60, appendix A, Methods 2, 2A, 2C, 2D, 3 and 4, incorporated by 

reference in Section 219.112 of this Part, shall be performed, as 

applicable, at least twice during each test run. 

7) Use of an adaptation to any of the test methods specified in subsections 

(f)(1), (2), (3), (4), (5) and (6) of this Section may not be used unless 

approved by the Agency and the USEPA on a case by case basis. An 

owner or operator must submit sufficient documentation for the Agency 

and the USEPA to find that the test methods specified in subsections 

(f)(1), (2), (3), (4), (5) and (6) of this Section will yield inaccurate results 

and that the proposed adaptation is appropriate. 

g) Leak Detection Methods for Volatile Organic Material 

Owners or operators required by this Part to carry out a leak detection monitoring 

program shall comply with the following requirements: 

1) Leak Detection Monitoring 

A) Monitoring shall comply with 40 CFR 60, appendix A, Method 21, 

incorporated by reference in Section 219.112 of this Part. 

B) The detection instrument shall meet the performance criteria of 

Method 21. 

C) The instrument shall be calibrated before use on each day of its use 

by the methods specified in Method 21. 

D) Calibration gases shall be: 

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i) Zero air (less than 10 ppm of hydrocarbon in air); and 

ii) A mixture of methane or n-hexane and air at a 

concentration of approximately, but no less than, 10,000 

ppm methane or n-hexane. 

E) The instrument probe shall be traversed around all potential leak 

interfaces as close to the interface as possible as described in 

Method 21. 

2) When equipment is tested for compliance with no detectable emissions as 

required, the test shall comply with the following requirements: 

A) The requirements of subsections (g)(1)(A) through (g)(1)(E) of this 

Section shall apply. 

B) The background level shall be determined as set forth in Method 

21. 

3) Leak detection tests shall be performed consistent with: 

A) "APTI Course SI 417 controlling Volatile Organic Compound 

Emissions from Leaking Process Equipment", EPA-450/2-82-015, 

incorporated by reference in Section 219.112 of this Part. 

B) "Portable Instrument User's Manual for Monitoring VOM 

Sources", EPA-340/1-86-015, incorporated by reference in Section 

219.112 of this Part. 

C) "Protocols for Generating Unit-Specific Emission Estimates for 

Equipment Leaks of VOM and VHAP", EPA-450/3-88-010, 

incorporated by reference in Section 219.112 of this Part. 

D) "Petroleum Refinery Enforcement Manual", EPA-340/1-80-008, 

incorporated by reference in Section 219.112 of this Part. 

h) Bulk Gasoline Delivery System Test Protocol 

1) The method for determining the emissions of gasoline from a vapor 

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recovery system are delineated in 40 CFR 60, subpartSubpart XX, section 

60.503, incorporated by reference in Section 219.112 of this Part. 

2) Other tests shall be performed consistent with: 

A) "Inspection Manual for Control of Volatile Organic Emissions 

from Gasoline Marketing Operations: Appendix D", EPA-340/1-

80-012, incorporated by reference in Section 219.112 of this Part. 

B) "Control of Hydrocarbons from Tank Truck Gasoline Loading 

Terminals: Appendix A", EPA-450/2-77-026, incorporated by 

reference in Section 219.112 of this Part. 

i) Notwithstanding other requirements of this Part, upon request of the Agency 

where it is necessary to demonstrate compliance, an owner or operator of an 

emission unit which is subject to this Part shall, at his own expense, conduct tests 

in accordance with the applicable test methods and procedures specific in this 

Part. Nothing in this Section shall limit the authority of the USEPA pursuant to 

the Clean Air Act, as amended, to require testing. 

j) Stage II Gasoline Vapor Recovery Test Methods 

The methods for determining the acceptable performance of Stage II Gasoline 

Vapor Recovery System are delineated in "Technical Guidance-Stage II Vapor 

Recovery Systems for Control of Vehicle Refueling Emissions at Gasoline 

Dispensing Facilities," found at EPA 450/3-91-022b and incorporated by 

reference in Section 219.112 of this Part. Specifically, the test methods are as 

follows: 

1) Dynamic Backpressure Test is a test procedure used to determine the 

pressure drop (flow resistance) through balance vapor collection and 

control systems (including nozzles, vapor hoses, swivels, dispenser piping 

and underground piping) at prescribed flow rates. 

2) Pressure Decay/Leak Test is a test procedure used to quantify the vapor 

tightness of a vapor collection and control system installed at gasoline 

dispensing facilities. 

3) Liquid Blockage Test is a test procedure used to detect low points in any 

vapor collection and control system where condensate may accumulate. 

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(Source: Amended at 38 Ill. Reg. 1061, effective December 23, 2013) 

Section 219.112 Incorporations by Reference 

The following materials are incorporated by reference and do not contain any subsequent 

additions or amendments: 

a) American Society for Testing and Materials, 100 Barr Harbor Drive, West 

Conshohocken PA 19428-9555 

1) ASTM D 2879-86 

2) ASTM D 323-08 

3) ASTM D 86-82 

4) ASTM D 369-69 (1971) 

5) ASTM D 396-69 

6) ASTM D 2880-71 

7) ASTM D 975-68 

8) ASTM D 3925-81 (1985) 

9) ASTM E 300-86 

10) ASTM D 1475-85 

11) ASTM D 2369-87 

12) ASTM D 3792-86 

13) ASTM D 4017-81 (1987) 

14) ASTM D 4457-85 

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15) ASTM D 2697-86 

16) ASTM D 3980-87 

17) ASTM E 180-85 

18) ASTM D 2372-85 

19) ASTM D 97-66 

20) ASTM E 168-87 (1977) 

21) ASTM E 169-87 

22) ASTM E 260-91 

23) ASTM D 2504-83 

24) ASTM D 2382-83 

b) Standard Industrial Classification Manual, published by Executive Office of the 

President, Office of Management and Budget, Washington, D.C., 1987. 

c) American Petroleum Institute Bulletin 2517, "Evaporation Loss From Floating 

Roof Tanks", Second ed., February 1980. 

d) 40 CFR 60 (July 1, 1991). 

e) 40 CFR 61 (July 1, 1991). 

f) 40 CFR 50 (July 1, 1991). 

g) 40 CFR 51 (July 1, 1991) and 40 CFR 51, appendix M, Methods 204-204F (July 

1, 1999). 

h) 40 CFR 52 (July 1, 1991). 

i) "A Guide for Surface Coating Calculation", July 1986, United States 

Environmental Protection Agency, Washington, D.C., EPA-340/1-86-016. 

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j) "Procedures for Certifying Quantity of Volatile Organic Compounds Emitted by 

Paint, Ink and Other Coating" (revised June 1986), United States Environmental 

Protection Agency, Washington D.C., EPA-450/3-84-019. 

k) "A Guide for Graphic Arts Calculations", August 1988, United States 

Environmental Protection Agency, Washington D.C., EPA-340/1-88-003. 

l) "Protocol for Determining the Daily Volatile Organic Compound Emission Rate 

of Automobile and Light-Duty Truck Topcoat Operations", December 1988, 

United States Environmental Protection Agency, Washington D.C., EPA-450/3-

88-018. 

m) "Control of Volatile Organic Emissions from Manufacturing of Synthesized 

Pharmaceutical Products", December 1978, United States Environmental 

Protection Agency, Washington, D.C., EPA-450/2-78-029. 

n) "Control of Volatile Organic Compound Leaks from Gasoline Tank Trucks and 

Vapor Collection Systems", December 1978, Appendix B, United States 

Environmental Protection Agency, Washington, D.C., EPA-450/2-78-051. 

o) "Control of Volatile Organic Compound Emissions from Large Petroleum Dry 

Cleaners", September 1982, United States Environmental Protection Agency, 

Washington, D.C., EPA-450/3-82-009. 

p) "APTI Course SI417 Controlling Volatile Organic Compound Emissions from 

Leaking Process Equipment", 1982, United States Environmental Protection 

Agency, Washington, D.C., EPA-450/2-82-015. 

q) "Portable Instrument User's Manual for Monitoring VOM Sources", June 1986, 

United States Environmental Protection Agency, Washington, D.C., EPA-340/1-

86-015. 

r) "Protocols for Generating Unit-Specific Emission Estimates for Equipment Leaks 

of VOM and VHAP", October 1988, United States Environmental Protection 

Agency, Washington, D.C., EPA-450/3-88-010. 

s) "Petroleum Refinery Enforcement Manual", March 1980, United States 

Environmental Protection Agency, Washington, D.C., EPA-340/1-80-008. 

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t) "Inspection Manual for Control of Volatile Organic Emissions from Gasoline 

Marketing Operations: Appendix D", 1980, United States Environmental 

Protection Agency, Washington, D.C., EPA-340/1-80-012. 

u) "Control of Hydrocarbons from Tank Truck Gasoline Loading Terminals: 

Appendix A", December 1977, United States Environmental Protection Agency, 

Washington, D.C., EPA-450/2-77-026. 

v) "Technical Guidance-Stage II Vapor Recovery Systems for Control of Vehicle 

Refueling Emissions at Gasoline Dispensing Facilities", November 1991, United 

States Environmental Protection Agency, Washington, D.C., EPA-450/3-91-022b. 

v)w) California Air Resources Board, Compliance Division. Compliance Assistance 

Program: Gasoline Marketing and Distribution: Gasoline Facilities Phase I & II 

(October 1988, rev. November 1993) (CARB Manual). 

w)x) "Guidelines for Determining Capture Efficiency", January 1995, Office of Air 

Quality Planning and Standards, United States Environmental Protection Agency, 

Research Triangle Park NC. 

x)y) Memorandum "Revised Capture Efficiency Guidance for Control of Volatile 

Organic Compound Emissions", February 1995, John S. Seitz, Director, Office of 

Air Quality Planning and Standards, United States Environmental Protection 

Agency. 

y)z) "Protocol for Determining the Daily Volatile Organic Compound Emission Rate 

of Automobile and Light-Duty Truck Primer-Surfacer and Topcoat Operations", 

September 2008, United States Environmental Protection Agency, Washington, 

D.C., EPA-453/R-08-002.

z)aa) 40 CFR 63 subpart PPPP, appendix A (2008). 

aa)bb) 46 CFR subchapter Q (2007). 

bb)cc) 46 CFR subchapter T (2008). 

(Source: Amended at 38 Ill. Reg. 1061, effective December 23, 2013) 

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SUBPART Y: GASOLINE DISTRIBUTION 

Section 219.583 Gasoline Dispensing Operations – Storage Tank Filling Operations

a) Subject to subsection (b) below, no person shall cause or allow the transfer of 

gasoline from any delivery vessel into any stationary storage tank at a gasoline 

dispensing operation unless: 

1) The tank is equipped with a submerged loading pipe; and 

2) The vapors displaced from the storage tank during filling are processed by 

a vapor control system that includes one or more of the following: 

A) A vapor collection system that meets the requirements of 

subsection (d)(4) below; or 

B) A refrigeration-condensation system or any other system approved 

by the Agency and approved by the USEPA as a SIP revision, that 

recovers at least 90 percent by weight of all vaporized organic 

material from the equipment being controlled; and 

C) The delivery vessel displays the appropriate sticker pursuant to the 

requirements of Section 219.584(b) or (d) of this Part; and 

3) By March 15, 1995, all tank vent pipes are equipped with 

pressure/vacuum relief valves with the following design specifications: 

A) The pressure/vacuum relief valve shall be set to resist a pressure of 

at least 3.5 inches water column and to resist a vacuum of no less 

than 6.0 inches water column; or 

B) The pressure/vacuum relief valve shall meet the requirements of 35 

Ill. Adm. Code 218.586(c); and 

4) The owner or operator of a gasoline dispensing operation demonstrates 

compliance with subsection (a)(3) of this Section, by March 15, 1995 or 

30 days after installation of each pressure/vacuum relief valve, whichever 

is later, and at least annually thereafter, by measuring and recording the 

pressure indicated by a pressure/vacuum gauge at each tank vent pipe. 

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The test shall be performed on each tank vent pipe within two hours after 

product delivery into the respective storage tank. For manifolded tank 

vent systems, observations at any point within the system shall be 

adequate. The owner or operator shall maintain any records required by 

this subsection for a period of three years. 

b) The requirements of subsections (a)(2) and (a)(3) above shall not apply to 

transfers of gasoline to a stationary storage tank at a gasoline dispensing operation 

if: 

1) The tank is equipped with a floating roof, or other system of equal or 

better emission control as approved by the Agency and approved by the 

USEPA as a SIP revision; 

2) The tank has a capacity of less than 2000 gallons and was in place and 

operating before January 1, 1979; or 

3) The tank has a capacity of less than 575 gallons. 

c) Subject to subsection (b) above, each owner of a gasoline dispensing operation 

shall: 

1) Install all control systems and make all process modifications required by 

subsection (a) above; 

2) Provide instructions to the operator of the gasoline dispensing operation 

describing necessary maintenance operations and procedures for prompt 

notification of the owner in case of any malfunction of a vapor control 

system; and 

3) Repair, replace or modify any worn out or malfunctioning component or 

element of design. 

d) Subject to subsection (b) above, each operator of a gasoline dispensing operation 

shall: 

1) Maintain and operate each vapor control system in accordance with the 

owner's instructions; 

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2) Promptly notify the owner of any scheduled maintenance or malfunction 

requiring replacement or repair of a major component of a vapor control 

system; 

3) Maintain gauges, meters or other specified testing devices in proper 

working order; 

4) Operate the vapor collection system and delivery vessel unloading points 

in a manner that prevents: 

A) A reading equal to or greater than 100 percent of the lower 

explosive limit (LEL measured as propane) when tested in 

accordance with the procedure described in EPA 450/2-78-051 

Appendix B incorporated by reference at Section 219.112 of this 

Part, and 

B) Avoidable leaks of liquid during the filling of storage tanks; and 

5) Within 15 business days after discovery of the leak by the owner, operator, 

or the Agency, repair and retest a vapor collection system which exceeds 

the limits of subsection (d)(4)(A) above. 

e) Any retail gasoline dispensing operation subject to subsection (a) above shall be 

exempt from the permit requirements specified under 35 Ill. Adm. Code 201.142, 

201.143, and 201.144 provided that:

1) The owner or operator of the gasoline dispensing operation submits to the 

Agency a registration which provides, at a minimum, the operation name 

and address, signature of the owner or operator, the location (including 

contact person's name, address and telephone number) of records and 

reports required by this Section, the number of underground tanks, the 

number tank pipe vents, and the date of completion of installation of the 

vapor control system and pressure/vacuum relief valve. 

2) The registration is submitted to the Agency by March 15, 1995 or 30 days 

after installation of a vapor control system or pressure/vacuum relief 

valve, whichever is later. 

3) The registration certificate is displayed at the gasoline dispensing 

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operation. 

4) Upon modification of an existing vapor control system or 

pressure/vacuum relief valve, the owner or operator of the gasoline 

dispensing operation submits to the Agency a registration that details the 

changes to the information provided in the previous registration and which 

includes the signature of the owner or operator. The registration must be 

submitted to the Agency within 30 days after completion of such 

modification. 

(Source: Amended at 38 Ill. Reg. 1061, effective December 23, 2013) 

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