ILLINOIS POLLUTION CONTROL BOARD

July

20,

1978

IN THE MATTER OF:

PROPOSED TOXIC SUBSTANCE

)

PCB R74-7

REGULATIONS

ORDER OF THE BOARD

(by Mr. Young):

On

July 19,

1974,

the Illinois Environmental Protection

Agency submitted a proposal for the adoption of regulations

to require the identification and registration of all facilities

in Illinois using, manufacturing,

storing, shipping, transporting,

importing,

or exporting substances

in a quantity which,

in

the

judgment of the Agency, were likely to pose

a threat to public

health

if accidentally or unl~awfullydischarged into

the environ-

ment.

The thrust of the proposal was aimed toward mitigation

of the harmful effects of emissions released

as a result of

rail and highway accidents or accidental release of toxic sub-

stances

from fixed facilities.

Seven hearings were held on the proposed regulations during

the period from September 20,

1974,

through December 12,

1974.

In response

to

a Motion at the December 12,

1974, hearing,

further Board action on the proposal was continued pending the

preparation and publication of an Illinois Regulated Toxic

Substance List by the Agency.

Such list was published in July,

1975,

by the Illinois Institute for Environmental Quality as

Document No.

75—15,

IIEQ Project No.

10.041, entitled Proposed

Illinois Regulated Chemicals List.

The list, contained in IIEQ

Document No.

75—15, was developed under contract to Dr. Leonard

J. Goldwater,

M.D.,

a distinguished expert in the field of

environmental toxicology.

750 copies of the IIEQ document were

mailed to those affected or concerned persons within the State

and, thereafter,

the Agency held public informational meetings

in three locations

to familiarize all interested persons with

the proposed list.

Four Board hearings were then held during

the period January

7,

1976,

to March

23, 1976,

during which

testimony was received on the Proposed Regulated Chemicals

List and the proposed regulations.

On Motion of the Agency,

the Board entered an Order,

April

8,

1976,

to proceed with the regulation as applied to

fixed sites only, and ordered

a stay of the transportation-

related aspects of the Droposal.

The Institute for Environmental

Quality, pursuant to Section 6(b)

of the Environmental Protection

Act, subsequently prepared an economic impact study on the pro-

posed fixed-site regulations which was forwarded to the Board on

31-135

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—2—

January 13, 1977.

After notification and the statutory period

for public inspection,

economic imoact hearings

as required

by Section 27(b) of the Act were held on April

29 and May

4,

1977.

The Agency filed

a Petition to Withdraw R74-7 on June

9,

1978, citing

as reason therefor the subsequent adoption

of State and Federal legislation,

the provisions of which

substantially reduced the anticipated benefits of the pro-

posed regulations.

The Illinois General Assembly enacted legislation

(PA 79—1442)

effective August 26,

1976,

requiring labeling

of equipment and facilities for the use, transportation,

storage and manufacture of hazardous materials and to provide

for

a uniform response system to hazardous materials emer-

gencies.

PA

79-1442 created a Hazardous Materials Advisory

Board and placed primary responsibility for implementation

in the Illinois Emergency Services and Disaster Agency and

the Illinois Department of Transportation.

PA 80-351, the

Illinois Hazardous MaterialsTransportation Act, became

effective August

26,

1977,

and provides authority for the

Illinois Department of Transportation

to adopt regulations

to control the threat

to life and property occasioned by

the transportation of hazardous materials over highways.

Additionally, House Bill

3980, Public Act 79—1444 effective

August

26,

1976, directed the Illinois Commerce Commission

to undertake a study and recommend necessary legislative

action

to the 80th General Assembly.

As

a result,

House

Bill 3350,

the Illinois Hazardous Materials Railroad Trans-

portation Act, was passed by the Illinois Senate on June 24,

1978,

and is awaiting action by the Governor.

Public Act 79-1084 effective October

1,

1975,

cited

as

the Illinois Emergency Services

and Disaster Agency Act of

1975, while basically a re—codification of the earlier Civil

Defense Act of 1951, was broadened by addition of a definition

of disaster to include the occurrence or threat of widespread

or severe damage,

injury or loss of life or property resulting

from man—made causes including air and water contamination.

Also added was authority and responsibility for the preparation

of comprehensive plans and programs for disaster preparedness,

response and recovery, together with authority to adopt necessary

regulations.

Additionally, there are a number of existing Illinois

statutes which specifically govern the storage, transportation

and use of hazardous or toxic materials in Illinois which

could result in public hazard if accidentally released or

improperly handled.

Some of these

laws include:

---

—3—

Ill.

Rev.

Stat.

ch.

5, ~55.l

-

The Fertilizer

Act of 1961,

and specifically regulations

relating to the handling, containers and

storage of anhydrous ammonia and low pressure

nitrogen solutions issued by the Department

of Agriculture;

Ill. Rev.

Stat.

ch.

5, ~85a.l

-

An Act in

relation to the use and application of

2,

4-D

and related herbicides;

Ill.

Rev.

Stat.

ch.

5, ~87c.l

—

The

Economic

Poison Law;

Ill.

Rev.

Stat.

ch.

5,

~87d.l

—

An Act relating

to custom or public application of pesticides,

to license and regulate such activity;

Ill.

Rev.

Stat.

ch.

5,

~256

—

Pesticides Control

Law;

Ill.

Rev.

Stat.

ch.

5,

~27l

-

An Act to create

an inter-agency committee on pesticides

to

study,

advise and recommend any needed legis-

lation concerning pesticides,

and to approve

all proposed rules and regulations pertaining

to the labeling, sale,

use or application of

pesticides;

Ill.

Rev.

Stat.

ch.

96 1/2,

~480l

—

An Act

regulating the manufacture, possession,

storage,

transportation,

use, sale or gift

of explosives;

Ill. Rev.

Stat.

ch.

96

1/2, ~560l

—

An Act to

regulate

the

storage,

transportation,

sale

and use of liguified petroleum gases;

Ill. Rev.

Stat.

ch.

111 1/2, ~2ll.

—

The

Radiation Protection Act;

Ill.

Rev.

Stat.

ch.

ill

1/2, ~25l

—

The Uniform

Hazardous Substances Act of Illinois;

Ill.

Rev.

Stat.

ch.

111 2/3, ~l

—

An Act con-

cerning public utilities, especially ~6l con-

cerning authority of the Illinois Commerce

Commission to require safe maintenance and

operation;

Ill.

Rev.

Stat.

ch.

111

2/3, ~551

-

An Act

relating to the establishment and enforcement

of safety standards

for the transportation

in Illinois of natural and other gas by pipe-

line;

and,

31-137

---

Ill.

Rev.

Stat.

ch. 127 1/2, ~153

—

An Act

to regulate the storage, transportation,

sale and use of gasoline and volatile oils.

Since the introduction of this proceeding,

significant

Federal legislation has been enacted to control or minimize

the

threat from the accidental or unlawful release of toxic

substances

into the environment from transportation or fixed

locations.

The Toxic Substances Control Act, Public Law 94-469

(90

Stat.

2003;

15 U.S.C.

2601 et seq.),

adopted October 11,

1976,

includes provisions

to prohibit or limit the amount of any

substance or mixture, which presents or will present an

unreasonable risk of injury to health or

to the environment,

from manufacture, processing, distribution, use or disposal.

This Act, which

is administered by the USEPA,

also requires

the submission of reports by persons manufacturing or processing

toxic substances including formulation data,

uses, quantities

manufactured or processed, and all existing data concerning the

environmental and health effects of such substances.

The Transportation Safety Act of 1974, Public Law 93-633

(88 Stat.

2156; U.S.C.

1801 et seq.),

adopted January

3, 1975,

included Title

I,

the Hazardous Materials Transportation Act

(49 U.S.C.

1801);

Title

II, the Rail Safety Improvement Act

of 1974

(45 U.S.C.

440);

and Title III,

the Independent Safety

Board Act of 1974

(49 U.S.C.

1901)

.

This legislation

has been

implemented by regulations promulgated by USDOT,

all of which

are designed to reduce the possibility of transportation-related

accidents involving hazardous materi,al and to provide rapid and

effective response to any hazard created by such accidents.

The Federal Water Pollution Control Act,

(33 U.S.C.

466

et

sect.) was amended by Public Law 95-217 on December 28, 1977

(91 Stat.l566)

and strengthens the authority of the USEPA in

the control of spills of hazardous materials; establishes

strict liability and sets substantial penalties for spills;

and requires the USEPA to develop a list of hazardous materials.

Regulations under the FWPCA require formal spill control and

counter-measure

plans from owners or operators of non-transportation

related facilities which can be expected,

in the event of accident

or malfunction,

to discharge hazardous substances

to the waters

of the United States.

Amendments

(Public Law 95-95)

to the Clean Air Act

(42 U.S.C.

1857 et seq.), August

7,

1977,

added authority for the USEPA to

promulgate design, equipment, work practice or operational stan-

dards

to protect the public health with ample marqin of safety

from the emission of hazardous air pollutants which might reasonab

be anticipated to result in an increase

in mortality or an in-

crease in serious irreversible, or incapacitating reversible,

illness.

31-138

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—5—

The Resource Conservation and Recovery Act of 1976,

Public Law 94—580

(90 Stat.

2795;

42 U.S.C.

3251 et seq.),

adopted October

21,

1976, establishes, a Federal system for

the management of hazardous waste.

The Act includes pro-

visions requiring the registration of all generators of

hazardous waste; chemical composition and quantities produced;

labeling;

a permit system for generators,

transporters and

disposal sites;

a manifest system and records to assure

treatment, storage or disposal at a permitted site;

and,

contingency plans for effective action to minimize unanticipated

damage from the treatment,

storage and disposal of hazardous

wastes.

Implementation of the Occupational Safety and Health Act,

Public Law 91—596

(84 Stat.

1593;

29 U.S.C.

655 et seq.) by

29 CFR Subtitle B

-

Chapter XVII, Part 1910, Occupational

Safety and Health Standards and the Federal Environmental

Pesticide Control Act of 1972, Public Law 92—516

(86 Stat.

973;

7 U.S.C.

135 et seq.), have imposed many limitations

to reduce

the probability of accidents which result in the release of

toxic materials.

From the foregoing,

the Board concludes that those portions

of the proposed regulations which remain subject

to the statutory

authority of the Board have been significantly narrowed by

specific State and Federal legislation to the point that addi-

tional regulations enacted by the Board at this time based upon

the record herein could not be justified under the criteria of

Section

27 of the Environmental Protection Act.

The Board will

allow the petition of the Agency to withdraw regulatory proposal

R74-7 and will dismiss the proceeding.

IT IS

SO ORDERED.

I, Christan L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify the above Order was adopted on

the

c~

day of ______________________,

1978 by a vote of

~tanL.M~rk

Illinois Pollutio

ontrol Board