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CERTIFIED MAIL #7001 2510 0002 5278 8330 January 17, 2014 RETURN RECEIPT REQUESTED

Susan Hedman, Regional Administrator Office of the Regional Administrator, R

- 19J U.S. Environmental Protection Agency, Region 5

77 West Jackson Boulevard Chicago, Illinois 60604

- 35 07

Re: R20 13

- 18 : In the Matter of: Vapor Recovery Rules: Amendments to 35 Ill. Adm. Code Parts 201, 218, and 219

Dear Ms. Hedman :

The Illinois Environmental Protection Agency (Illinois EPA), on behalf of the State of Illinois, hereby submits and request s approval of the enclosed amendments as a revision to Illinois’

Ozone State Implementation Plan (SIP) pursuant to Section 110 of the Clean Air Act (CAA) (42 U.S.C. § 7410). The Illinois EPA is not requesting SIP approval of the amendments to 35 Ill.

Adm. Code 201.210. This submittal is the result of amendments to the Illinois Administrative

Code phasing

- out the gasoline refueling vapor recovery requirements , also referred to as Stage II, at 35 Ill. Adm. Code 218.586

, including other related revisions to 35 Ill. Adm. Cod e Parts 201, 218, and 219. Principally, t hese amendments repeal the Chicago ozone nonattainment area (NAA) requirement for the installation of Stage II equipment at new gasoline dispensing operations beginning on January 1, 2014

, and require the decommiss ioning of existing Stage II equipment between January 1, 2014 and December 31, 2016.

On March 18, 2013, the Illinois EPA filed a regulatory proposal entitled: In the Matter of: Vapor Recovery Rules: Amendments to 35 Ill. Adm. Code Parts 201, 218, and 219 with the Office of the Clerk of the Pollution Control Board (Board). The Board docketed this proposed rulemaking as R2013

- 18. The Board caused notices of hearings to be published in various newspapers, and issued a First Notice Opinion and Order on April 4, 2013. Public hearings were held on May 8, 2013, and June 5, 2013. On May 10, 2013, a Notice of Proposed Amendments was published in the Illinois Register (37 Ill. Reg. 6028, 6054, and 6083). Several comments were submitted including numerous la te

- filed public comments. Certain late

- filed public comments were accepted and others were not accepted or str icken by the Board from the rulemaking proceeding. The public comments that were struck from the rulemaking proceeding are not included herein, but are available on the Board’s website.2 The Board issued its Final Opinion and Order on December 19 , 2013 . The adopted amendments

were effective December 23, 2013 . Notice of the adopted amendments was published in the Illinois Register on January 10, 2014 ( 38 Ill. Reg. 1005, 1032 and 1061 ) . The complete docket for the rulemaking is available on the Board’s website at http://www.ipcb.state.il.us/COOL/External/CaseView.aspx?case=14584

In order to assist with your review of this SIP submittal, one paper cop y and an electronic disk with a pdf searchable file of the documents listed below are enclosed

. Due to size, t he pa per copy does not include the MOtor Vehicle Emissions Simulator (MOVES) model input/output files. The electronic disk includes an exact duplicate of the paper copy as well as the “Analyses for Decommissioning Stage II Using MOVES.”

Attachment 1: Illin ois EPA Rulemaking Proposal filed March 18, 2013. Includes disc containing “Analyses for Decommissioning Stage II Using MOVES.” Note that this does not contain the full copyright

- protected Petroleum Equipment Institute (PEI) document but only the cover p age and table of

contents

.

Attachment 2: Proposed Rule, First Notice, Opinion and Order of the Board by J. D. O’Leary, dated April 4, 2013

Attachment 3: Certificates of Publication

Attachment 4 Board Hearing Officer Notice of Hearings, dated April 9, 2013

Attachment 5 : Letter to Illinois Department of Commerce and Economic Opportunity Requesting E conomic Impact Study and R esponse

Attachment 6 : Notice of Proposed Rulemaking, Illinois Register publication, 3 7 Ill. Reg.

6 028 , 6 054 , and 6 083 , Issue 19, May 1 0 , 201 3

Attachment 7 : Pre

- filed Testimony of Darwin Burkhart and Ross Cooper

Attachment 8 : Illinois EPA Response to Board Order [of April 4, 2013]

Attachment 9 : Hearing Officer Order , dated May 6, 2013

Attachment 10 : Transcript of May 8, 2013 he aring

Attachment 1 1 : Hearing Officer Order, dated May 17, 2013

Attachment 1 2 : List of Exhibits Submitted at Hearing of May 8, 2013 in Springfield, IL, dated May 17, 2013

. (All exhibits omitted. Exhibits 1 and 2 included as

Attachment 7. Exhibit 3 omit ted as it is a USEPA document.)

Attachment 1 3 : Prefiled Testimony of Darwin Burkhart and Chuck Gebhardt

Attachment 1 4 : Hearing Officer Order, dated May 31, 20133 Attachment 1 5 : Transcript of June 5, 2013 hearing

Attachment 1 6 : Hearing Officer Order, dated June 17, 2013

Attachment 1 7 : Comments of the Illinois EPA (PC #1)

Attachment 1 8 : Comments of William Fleischli , Illinois Petroleum Marketers Association (PC #2)

, dated July 8, 2013

Attachment 19 : Joint Committee on Administrative Rules Request for Economic and Budgetary Effects

Attachment 20 : Hearing Officer Order, dated July 16, 2013

Attachment 21 : Public Comments of the Illinois EPA (PC #3) , dated July 31, 2013

Attachment 22 : Public Comments of ARID Technologies, Inc. (PC # 4 ) , date d September 9 and

10 , 2013

Attachment 23 : Illinois EPA Motion to Strike ARID Technologies , Inc.’s Public Commen t

Attachment 24 : I llinois Petrol e um Marketers Association Response to ARID Technologies

Inc.’s Public Comment , dated September 17, 2013

Attac hment 25 : ARID Technologies , Inc.’s Response to Illinois EPA Motion to Strike, dated September 20, 2013

Attachment 26 : Public Comments of ARID Technologies , Inc. (PC #5) , dated September 23, 2013

Attachment 27 : Hearing Officer Order, dated September 30, 2013

Attachment 28 : Comments of the Illinois Petroleum Marketers Association (PC #6), dated October 11, 2013

Attachment 29 : Comments of the Illinois EPA (PC #7), dated October 11, 2013

Attachment 30 : Proposed Rule, Second Notice, Opinion and Order of the Board by J. D. O’Leary, dated November 7

, 2013

Attachment 31: Joint Committee on Administrative Rules Acceptance of Board’s Second Notice, dated November 8, 2013

Attachment 32 : Adopted Rule, Final O rder, Opinion and Order of the Board by J. D. O’Leary,

dated December 19, 2013

Attachment 33: Joint Committee on Administrative Rules Certification of No Objection and Second Notice Changes, dated December 20 , 2013

Attachment 3 4 : Notice of Adopted Amendments, Illinois Register publication, 38 Ill. Reg. 1005, 1032 and 1061

, January 10 , 201 4As discussed in the Technical Support Document, the adopted rule amendments will not result in

any increase in emissions, and will actually result in a decrease in emissions. Therefore, this

revision to the State ofiilinois' SIP will not interfere with any applicable requirement conceming attairnnent, reasonable further progress, or any other applicable CAA requirement. As a result, approval of this SIP revision will be consistent with Section 110(1) of the CAA (42 U.S.C. § 7410(1)).

By signing below, I certifY that applicable State requirements pertaining to public notice and hearings were followed, public hearings were held in accordance with the public notices, and the applicable requirements of 40 C.F.R. 51.102 were met. Also, by signing below, I certifY that the

electronic disk enclosed herewith is an exact duplicate of the paper copies, but also includes the

MOVES model input/output files.

If further information is required or should you have any questions, please feel free to contact Christopher P. Demeroukas of my staff at 217/785-7449.

Sincerely,

# ~~ Director

Attaclunents

4

## Illinois Ozone S tate I mplementation P lan Revision Chicago Ozone Nonattainment Area Gasoline Refueling Vapor Recovery Program

LIST OF ATTACHMENTS

Page

Attachment 1 Illinois EPA Rulemaking Proposal filed March 18, 2013. Includes

disc containing “Analyses for Decommissioning Stage II Using

MOVES.” Note that attachment does not contain the full copyright

- protected Petroleum Equipment Institute (PEI) document but only the cover page and table of contents. 1

Attachment 2 Proposed Rule, First Notice, Opinion and Order of the Board by J. D. O’Leary, dated April 4, 2013 273

Attachment 3 Certificates of Publication , March

- April 2013 353

Attachment 4 Board Hearing Officer Notice of Hearings, dated April 9, 2013 369

Attachment 5 Letter to Illinois Department of Commerce and Economic
Opportunity Requesting Economic Impact Study and Response

, dated April 8, 201 3 375

Attachment 6 Notice of Proposed Rulemaking, Illinois Register publication, 37 Ill. Reg. 6028, 6054, and 6083, May 10, 2013 381

Attachment 7 Prefiled Testimony of Darwin Burkhart and Ross Cooper for May 8, 2014 Public Hearing

, dated April 24, 2013 483

Attachment 8 Illinois EPA Response to Board Order [of April 4, 2013] , dated April 29, 2013 509

Attachment 9 Hearing Officer Order, dated May 6, 2013 521

Attachment 10 Transcript of May 8, 2013 hearing 529

Attachment 11 Hearing Officer Order, dated May 17, 2013 621

Attachment 12 List of Exhibits Submitted at Hearing of May 8, 2013 in Springfield, IL, dated May 17, 2013. (All exhibits omitted.

Exhibits 1 and 2 included as Attachment 7. Exhibit 3 omitted as it is a USEPA document.) 625

Attachment 13 Prefiled Testimony of Darwin Burkhart and Chuck Gebhardt for June 3, 2013 Public Hearing, dated May 24, 2013 629

Attachmen t 14 Hearing Officer Order, dated May 31, 2013 645

Attachment 15 Transcript of June 5, 2013 Public H earing 651

Attachment 16 Hearing Officer Order, dated June 17, 2013 691

Attachment 17 Public Comments of the Illinois EPA (PC #1) , dated June 25, 2013 723

Attachment 18 Public Comments of William Fleischli, Illinois Petroleum Marketers Association (PC #2), dated July 8, 2013 731

Attachment 19 Joint Committee on Administrative Rules Request for Economic and Budgetary Effects , dated July 8, 2013 735

At tachment 20 Hearing Officer Order, dated July 16, 2013 741Attachment 21 Public Comments of the Illinois EPA (PC #3), dated July 31, 2013 745

Attachment 22 Public Comments of ARID Technologies, Inc. (PC #4), dated
September 9 and 10, 2013 753

Attachment 23 Illinois EPA Motion to Strike ARID Technologies, Inc.’s Public

Comment s , dated August 12, 2013 8 59

Attachment 24 Illinois Petroleum Marketers Association ’s Response to ARID Technologies Inc.’s Public Comment s , dated September 17, 2013 8 69

Attachment 25 ARID Technologies, Inc.’s Response to Illinois EPA Motion to Strike, dated September 20, 2013 87 3

Attachment 26 Public Comments of ARID Technologies, Inc. (PC #5), dated
September 23, 2013 8 79

Attachment 27 Hearing Officer Order, dated September 30, 2013 90 7

Attachment 28 Public Comments of the Illinois Petroleum Marketers Association (PC #6), dated October 11, 2013 91 5

Attachment 29 Public Comments of the Illinois EPA (PC #7), dated October 11,

2013 9 19

Attachment 30 Proposed Rule, Second Notice, Opinion and Order of the Board by J. D. O’Leary, dated November 7, 2013 99 5

Attachment 31 Joint Committee on Administrative Rules Acceptance of Board’s
Second Notice, dated November 8, 2013 111 1

Attachment 32 Joint Committee on Administrative Rules Cer tification of No Objection and Second Notice Changes, dated December 17 , 2013 111 7

Attachment 33 Adopted Rule, Final Order, Opinion and Order of the Board by J. D. O’Leary, dated December 19, 2013 112 7

Attachment 34 Notice of Adopted Amendments, Illinois Register publication, 38 Ill. Reg. 1005, 1032 and 1061, January 10, 2014 12 51