ILLINOIS POLLUTION CONTROL BOARD
February 28,
1991
IN THE MATTER OF:
)
)
UST UPDATE; USEPA REGULATIONS
)
R90-12
(1/1/90 through 6/30/90)
)
(Identical
in Substance
)
Rulemaking)
ADOPTED RULE.
FINAL ORDER.
ORDER OF THE BOARD (by J. Anderson):
Pursuant to Section 22.4(d) of the Environmental Protection Act
(Act),
the Board
is amending the UST underground
storage tank regulations
in 35 Iii.
Adm. 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).
This rulemaking updates
Illinois’
UST rules to correspond with USEPA
actions during the period January
1 through June 30,
1990.
This Order
is supported by an Opinion adopted this same day.
The Board
will allow 30 days for post-adoption comment from the agencies
involved
in the
authorization process before filing the adopted rules with the Secretary of
State.
IT
IS SO ORDERED.
I, Dorothy M. Gunn,
Clerk of the Illinois Pollution Control Board, hereby
certify that the above Order was adopted on the ~
day of
~
1991,
by a vote of
~
.
f
~
~.
Oorothy M. ~nn, Clerk
Illinois Pollution Control Board
119—175
-2-
TITLE
35:
ENVIRONMENTAL PROTECTION
SUBTITLE G:
WASTE DISPOSAL
CHAPTER
I:
POLLUTION CONTROL BOARD
SUBCHAPTER d:
UNDERGROUND INJECTION CONTROL
AND UNDERGROUND STORAGE TANK PROGRAMS
PART 731
UNDERGROUND STORAGE TANKS
SUBPART A:
PROGRAM SCOPE AND INTERIM PROHIBITION
Section
731.101
Definitions and exemptions
(Repealed)
731.102
Interim prohibitions
(Repealed)
731.103
Notification Requirements
(Repealed)
731.110
Applicability
731.111
Interim Prohibition for Deferred Systems
731.112
Definitions
731.113
Incorporations by Reference
731.114
Implementing Agency
SUBPART B:
UST SYSTEMS:
DESIGN, CONSTRUCTION, INSTALLATION AND NOTIFICATION
Section
731.120
Performance Standards for New Systems
731.121
Upgrading of Existing Systems
731.122
Notification Requirements
SUBPART C:
GENERAL OPERATING REQUIREMENTS
Section
731.130
Spill
and Overfill Control
731.131
Operation and Maintenance of Corrosion Protection
731.132
Compatibility
731.133
Repairs Allowed
731.134
Reporting and Recordkeeping
SUBPART
0:
RELEASE DETECTION
Section
731.140
General Requirements for all Systems
731.141
Petroleum Systems
731.142
Hazardous Substance Systems
731.143
Tanks
731.144
Piping
731.145
Recordkeeping
SUBPART
E:
RELEASE REPORTING,
INVESTIGATION AND CONFIRMATION
Section
731.150
Reporting of Suspected Releases
731.151
Investigation due to Off-site
Impacts
731.152
Release Investigation and Confirmation
731.153
Reporting and Cleanup of Spills and Overfills
SUBPART F:
RELEASE RESPONSE AND CORRECTIVE ACTION
Section
731.160
General
731.161
Initial Response
119—176
—3—
731.162
Initial Abatement Measures and Site Check
731.163
Initial Site Characterization
731.164
Free Product Removal
731.165
Investigations
for Soil and Groundwater Cleanup
731.166
Corrective Action Plan
731.167
Public Participation
SUBPART G:
OUT-OF-SERVICE SYSTEMS AND CLOSURE
Section
731.170
Temporary Closure
731.171
Permanent Closure and Changes-in-Service
731.172
Assessing Site at Closure or Change—in—Service
731.173
Previously Closed Systems
731.174
Closure Records
SUBPART
H:
FINANCIAL RESPONSIBILITY
Section
731.190
Applicability
731.191
Compliance Dates
731.192
Definitions
731.193
Amount and Scope of Required Financial Responsibility
731.194
Allowable Mechanisms and Combinations
731.195
Financial Test of Self—insurance
731.196
Guarantee
731.197
Insurance or Risk Retention Group Coverage
731.198
Surety Bond
731.199
Letter of Credit
731.200
UST State Fund
731.202
Trust Fund
731.203
Standby Trust Fund
731.204
Substitution of Mechanisms
731.205
Cancellation or Nonrenewal
by Provider
731.206
Reporting
731.207
Recordkeeping
731.208
Drawing
on Financial Assurance
731.209
Release from Financial Assurance Requirement
731.210
Bankruptcy or other Incapacity
731.211
Replenishment
731.900
Incorporation by reference
(Repealed)
731.901
Compliance Date
(Repealed)
Appendix A
Notification Form
AUTHORITY:
Implementing and authorized by Ill. Rev. Stat.
1989, ch.
111
1/2,
pars.
1022.4, 1022.13 and
1027 (Sections 22.4(d), 22.13(d)
and 27 of the
Environmental Protection Act).
SOURCE:
Adopted
in R86-1
at
10
Ill. Reg. 14175, effective August
12,
1986;
amended
in R86—28
at
11
Ill.
Reg. 6220, effective March 24,
1987;
amended
in
R88-27 at
13 Ill. Reg. 9519, effective June 12,
1989;
amended
in R89-4
at
13
Ill.
Reg.
15010, effective September 12,
1989;
amended
in R89—IO at
14
111.
Reg.
5797, effective April
10,
1990;
amended
in R89—19
at
14
Ill.
Reg. 9454,
effective June
4,
1990; amended
in R9O—3
at
14
Ill. Reg. 11964, effective July
119—177
—4-
10,
1990;
amended
in R9O—12
at
15 Ill. Reg.
effective
NOTE:
Capitalization denotes statutory language.
SUBPART 0:
RELEASE DETECTION
Section 731.140
General Requirements for all Systems
a)
Owners and operators of new and existing UST systems shall
provide
a
method, or combination of methods, of release detection that:
1)
Can detect
a release from any portion of the tank and the
connected underground piping that routinely contains product:
2)
Is
installed,
calibrated, operated and maintained
in accordance
with the manufacturer’s instructions, including routine
maintenance and service checks for operability or running
condition;
and
3)
Meets the performance requirements in Sections 731.143 or
731.144, with any performance claims and their manner of
determination described
in writing
by the equipment manufacturer
or installer.
In addition, methods used after December 22,
1990, except for methods permanently installed prior to that
date, must be capable of detecting the leak rate or quantity
specified for that method
in Section 731.143(b),
(c)
and
(d) or
Section 731.144(a)
and
(b),
with a probability of detection of
0.95 and a probability of false alarm of 0.05.
b)
When a release detection method operated
in accordance with the
performance standards in Section 731.143 and 731.144 indicates a
release may have occurred, owners and operators shall
notify ESDA in
accordance with Subpart
E.
c)
Owners and operators of UST systems shall comply with the release
detection requirements of this Subpart
in accordance with the
following schedule:
1)
For all pressurized piping -4n ac
r~aneew4th -as defined
in
Section 731.141(b)(1)— an~~h142~b~4-,
by December 22,
1990.
2)
For tanks
and suction piping
in accordance with Section
731.141(a), 731.141(b)(2) and 731.142 for tanks:
A)
With an unknown installation date,
by December 22,
1989.
B)
Installed before 1965,
by December 22,
1989.
C)
Installed
in 1965 through
1969, by December 22,
1990.
0)
Installed
in 1970 through
1974, by December 22,
1991.
E)
Installed
in 1975 through
1979, by December 22,
1992.
119—178
—5—
F)
Installed in 1980 through December 22,
1988,
by December
22,
1993.
G)
Installed after December 22,
1988,
immediately upon
installation.
d)
Any existing UST system that cannot apply
a method of release
detection that complies with the requirements of this Subpart must
complete the closure procedures
in Subpart G by the date on which
release detection
is required for that UST system under subsection
(c).
(Source:
Amended at 15 Ill. Reg.
,
effective
)
SUBPART H:
FINANCIAL RESPONSIBILITV
Section 731.191
Compliance Dates
Owners of petroleum underground storage tanks are required to comply with the
requirements of this Subpart by the following dates:
a)
All petroleum marketing firms owning
1,000 •or more USTs and all other
UST owners that report
a tangible net worth
of $20 million or more to
the U.S. Securities and Exchange Commission
(SEC), Dun and
Bradstreet, the Energy Information Administration or the Rural
Electrification Administration:
January 24,
1989, except that
compliance with Section 730.194(b)
is required
by:
July 24,
1989.
b)
All petroleum marketing firms owning
100 through 999 USTs:
October
26,
1989.
c)
All petroleum marketing firms
owning
13 through 99 USTs at more than
one facility:
April
26, -499Q—1991.
ci)
All petroleum UST owners not described in subsections (a),
(b) or
(c), including units of local government:
October 26,
1990.
(Source:
Amended at 15
Ill.
Reg.
,
effective
)
119—179