217/782-3397

217/782-9143 (TDD)

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 60604-3507

Re: R2013-18: 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 requests 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. Code Parts 

201, 218, and 219. Principally, these 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 decommissioning 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 late-filed public comments. Certain late-filed public 

comments were accepted and others were not accepted or stricken 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 copy and an electronic disk 

with a pdf searchable file of the documents listed below are enclosed. Due to size, the paper 

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: Illinois 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 page 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 Economic Impact Study and Response 

Attachment 6: Notice of Proposed Rulemaking, Illinois Register publication, 37 Ill. Reg. 

6028, 6054, and 6083, Issue 19, May 10, 2013

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 hearing

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

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.)

Attachment 13: Prefiled Testimony of Darwin Burkhart and Chuck Gebhardt

Attachment 14: Hearing Officer Order, dated May 31, 2013
3

Attachment 15: Transcript of June 5, 2013 hearing

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

Attachment 17: Comments of the Illinois EPA (PC #1)

Attachment 18: 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), dated September 9 and 

10, 2013

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

Attachment 24: Illinois Petroleum Marketers Association Response to ARID Technologies 

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

Attachment 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 Order, 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 34: Notice of Adopted Amendments, Illinois Register publication, 38 Ill. Reg.

1005, 1032 and 1061, January 10, 2014
As 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 State Implementation Plan 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, 2013

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

Attachment 14 Hearing Officer Order, dated May 31, 2013 645

Attachment 15 Transcript of June 5, 2013 Public Hearing 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

Attachment 20 Hearing Officer Order, dated July 16, 2013 741
Attachment 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 

Comments, dated August 12, 2013

859

Attachment 24 Illinois Petroleum Marketers Association’s Response to ARID 

Technologies Inc.’s Public Comments, dated September 17, 2013

869

Attachment 25 ARID Technologies, Inc.’s Response to Illinois EPA Motion to 

Strike, dated September 20, 2013 

873

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

September 23, 2013

879

Attachment 27 Hearing Officer Order, dated September 30, 2013 907

Attachment 28 Public Comments of the Illinois Petroleum Marketers Association 

(PC #6), dated October 11, 2013

915

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

2013

919

Attachment 30 Proposed Rule, Second Notice, Opinion and Order of the Board 

by J. D. O’Leary, dated November 7, 2013

995

Attachment 31 Joint Committee on Administrative Rules Acceptance of Board’s 

Second Notice, dated November 8, 2013 

1111

Attachment 32 Joint Committee on Administrative Rules Certification of No 

Objection and Second Notice Changes, dated December 17, 2013 

1117

Attachment 33 Adopted Rule, Final Order, Opinion and Order of the Board by J. 

D. O’Leary, dated December 19, 2013

1127

Attachment 34 Notice of Adopted Amendments, Illinois Register publication, 38 

Ill. Reg. 1005, 1032 and 1061, January 10, 2014

1251