ILLINOIS POLLUTION CONTROL BOARD
    November
    8, 1990
    IN THE MATTER OF:
    tJST UPDATE; REPEAL OF STATE FUND
    )
    R90-12
    USEPA REGULATIONS
    )
    (Rulemaking)
    (1/1/90 through 6/30/90)
    )
    PROPOSAL FOR PUBLIC COMMENT
    PROPOSED OPINION OF THE BOARD
    (by J. Anderson):
    Pursuant to Section 22.4(d) of the Environmental Protection
    Act (Act),
    the Board
    is proposing to amend the JST
    underground
    storage tank regulations
    in
    35
    Iii.
    Adin.
    Code 731.
    Section 22.4 of
    the Act governs adoption of regulations
    establishing the RCRA/UST program in Illinois.
    Section 22.4(d)
    provides for quick adoption of
    regulations which are “identical
    in substance”
    to federal regulations.
    Section 22.4(d) provides
    that Title VII
    of the Act and Section
    5 of the Administrative
    Procedure Act
    (APA)
    shall not apply.
    Because this rulemaking
    is
    not subject
    to Section
    5 of the APA,
    it
    is not subject to first
    notice or
    to second notice review by the Joint Committee on
    Administrative Rules
    (JCAR).
    The federal UST rules are found at
    40 CFR 280.
    This rulemaking updates Illinois’ UST rules
    to
    correspond with the following USEPA actions, during the period
    January
    1 through June
    30,
    l990:*
    55 Fed. Reg.
    17753
    April
    27, 1990
    55 Fed. Reg.
    18566
    May
    2,
    1990
    55 Fed. Reg.
    23738
    June 12,
    1990
    HISTORY OF UST RULES
    The UST rules are contained in 35
    Ill. Adm. Code 731.
    They
    were adopted and amended as follows:
    R86—l7
    1 PCB 110, July
    11,
    1986;
    10
    Ill. Reg.
    13998,
    August
    22,
    1986.
    R86—28
    75 PCB
    306, February
    5,
    1987;
    and 76 PCB 195, March
    5,
    1987;
    11
    Ill.
    Reg.
    6017, April
    3,
    1987.
    *
    This rulemaking will not address the effects on the UST
    regulations of
    H.B.
    3325,
    which has been signed into
    law
    as P.A.
    86—1050.
    The Board has decided
    to postpone action pending
    possible revisions
    to
    P.A.
    86—1050.
    116—147
    —2—
    Correction at
    77 PCB 235, April
    16,
    1987;
    11
    Ill.
    Reg.
    8684, May
    1,
    1987.
    R88—27
    April
    27,
    1989;
    13
    Ill. Reg.
    9519, effective June
    12,
    1989
    (9/23/88 Technical Standards)
    R89—4
    July
    27, 1989;
    13
    Ill.
    Reg.
    15010, effective
    September
    12,
    1989 (10/26/88 Financial Assurance
    Requirements)
    R89—l0
    March
    1,
    1990;
    14
    111. Reg.
    5797, effective April
    10,
    1990 (10/27/88
    —
    6/30/89)
    R89—19
    April
    26,
    1990 14
    Ill. Reg.
    9454, effective June 4,
    1990
    (UST State Fund)
    R90—3
    June
    7,
    1990;
    14
    Ill. Reg.
    11964,
    effective July
    10,
    1990
    (7/1/89
    —
    12/31/89)
    R90—12
    This Docket
    (1/1/90
    —
    6/30/90)
    On April
    27, 1989 the Board adopted regulations which are
    identical
    in substance to the major revisions
    to the USEPA UST
    rules which appeared at
    53 Fed. Reg.
    37194,
    September
    23,
    1988.
    The Board separated the financial responsibility rules from the
    September
    23 rules
    in order
    to avoid delaying adoption of
    the
    latter.
    The financial responsibility rules
    (53 Fed. Reg.
    43370,
    10/26/88) were adopted in R89—4.
    Until R88—27 the UST rules were addressed in the RCRA update
    Dockets.
    The Board separated the September 23,
    1988 rules from
    the RCRA update process because of the size and timing of
    the
    rulemaking, and because of the desirability of developing a
    separate mailing list for persons interested only in tanks.
    The
    Board will consider
    recombining the RCRA and UST updates after
    initial adoption of the new program.
    FIRE MARSHAL RULES
    The statute requires that the Office
    of the State Fire
    Marshal adopt equivalents of much of the USEPA UST rules.
    The
    Fire Marshal’s rules are contained in 41
    Ill. Adm. Code 170,
    along with preexisting rules adopted prior to the USEPA
    equivalent
    rules.
    They were adopted,
    amended, corrected and
    objected to
    in the following actions:
    13
    Ill. Reg.
    5669, effective April
    21,
    1989 (Technical
    Standards)
    13
    Ill. Reg.
    7744,
    effective May 9,
    1989.
    116—148
    —3—
    13
    Ill. Reg.
    8515,
    effective May
    19, 1989
    (Financial
    Assurance)
    13
    Ill.
    Reg.
    8875,
    effective May 19,
    1989.
    13
    Ill. Reg.13288, August
    18,
    1989.
    13
    Ill. Reg.13305,
    August 18,
    1989.
    13
    111. Reg.l4992,
    effective September
    11,
    1989.
    13
    Ill. Reg.l5126,
    September
    22,
    1989
    14
    Ill. Reg.
    63, January
    5,
    1990
    14
    Ill. Reg.
    5781, April
    20,
    1990
    SECTION-BY-SECTION DISCUSSION
    Section 731.140
    This Section
    id drawn from
    40 CFR 280.40,
    which was amended
    by USEPA on April
    27,
    1990, at 55 Fed. Reg.
    17753, and corrected
    on June
    12,
    1990, at
    55 Fed. Reg.
    23738.
    This amendment is
    somewhat hard
    to follow, because,
    for codification reasons,
    the
    Board replaced the table
    in the USEPA rule with a narrative
    compliance date
    rule.
    The revised entry
    is
    in
    35
    Ill. Adm. Code
    731.140(c)(l).
    Tanks with pressurized piping were required to
    comply with the leak detection requirements
    by December
    22,
    1990.
    The amendment corrects
    a cross reference,
    but leaves the
    compliance date alone.
    Section 731.191
    This Section includes the compliance dates
    for financial
    responsibility.
    The Section
    is drawn from 40 CFR 280.91,
    which
    was amended at
    55 Fed. Reg.
    18566,
    May
    2,
    1990,
    to extend the
    compliance date
    for owners of
    13 through 99 USTs
    to April
    26,
    1991.
    However,
    the Board takes special note that,
    at
    55
    Fed. Reg.
    46025, October
    31,
    1990, USEPA extended to October
    26,
    1991,
    the
    compliance date for operators of smaller numbers of USTs, and for
    local government.
    We will include this change in our next update,
    to be
    initiated shortly.
    Section 7.2 of the Act does not allow more
    than
    6 months of federal rules to be batched
    in any single
    proceeding, and the October
    31,
    1990, date above is more than six
    months after the earliest update
    here,
    i.e., April
    27,
    1990.
    116—149
    —4—
    This Proposed Opinion supports a Proposed Order adopted this
    same day.
    The Board will receive written public comment for
    45
    days after the date of publication of the proposal
    in the
    Illinois Register.
    IT
    IS SO ORDERED.
    I,
    Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control
    Board,
    hereby certify that the above Proposed Opinion was adopted
    on the
    fct
    day of
    ~
    ,
    1990, by
    a vote of
    7~?~
    Dorothy M. ~1inn,Clerk
    Illinois Po1~1utionControl Board
    116—150

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