ILLINCIS POLLUTION CONTROL BOARD

November

8, 1990

IN THE MATTER OF:

UST UPDATE;

REPEAL OF STATE FUND

)

R90-12

USEPA REGULATIONS

)

(Rulerr.aking)

(1/1/90

through 6/30/90)

PROPOSAL FOP PUBLIC COMMENT

PROPOSED ORDER 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 UST underground

storage

tank

regulations

in

35

Ill.

Adir. Code

731.

Section

22.4

of the Act governs adoption of regulations

establishing

the PCRA/UST prograir

in Illinois.

Section

22.4(d)

provides for quick adoption

of regulations which

are

“identical

in substance”

to federal

regulations.

Lection

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

riot 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 the following USEPA actions, during

the period January

1

through June

30,

1990.

As

is detailed

in

the accompanying

Iroposed Opinion,

the

Board will receive written public comment on

the proposal for

45

days after

the date

of publication of

the proposal

in

the

Illinois Register.

The text

of

the proposal

is attached

to

this

Proposed Order.

IT

IS

SO ORDERED.

I, Dorothy N.

Gunn,

Clerk

of

the Illinois Pollution Control

Board, her?by certify

t at

the above Proposed Order was adopted

on the

~5’~’

day

of

~,

1990,

by

a vote

of

‘7—

O

111mb

LOri

Control Board

116—151

---

—2—

Section

731 .101

731 .102

731.103

731 .110

731 .111

731 .112

731 .113

731.114

SUBPART

B:

Section

731.130

731 .131

731 .132

731 .133

731 .134

Section

TITLE

35:

ENVIRONt~ENTALPROTECTION

SUBTITLE G:

WASTE DISPOSAL

CHAPTER

I:

PCLLUTION CONTROL BOARD

SUBCHAPTER d:

UNDERGROUND INJECTION CONTROL

AND UNDERGROUND STORAGE TANK PROGRAMS

PART 731

UNDERGROUND STORAGE TANKS

SUBPART A:

PROGRAM SCOPE AND INTERIM PROHIBITION

Definitions and exemptions

(Repealed)

Interim prohibitions

(Repealed)

Notification Requirements

(Repealed)

Applicability

Interim Prohibition

for Deferred Systems

Defin tions

Incorporations

by Reference

Implementing Agency

US’I SYSTEMS:

DESIGN, CONSTRUCTION, INSTALLATION AND

NOTIFICATION

Performance Standards

for

New

Systems

Upgrading

of Existing Systems

Notification Requirements

SUBPART

C:

GENERAL OPERATING REQUIREMENTS

Spill

and Overfill Control

Operation and Maintenance

of Corrosion Protection

Coirpatibil

ity

Repairs Allowed

Reporting and Recordkeeping

SUBPART D:

RELEASE DETECTION

General Requirements

for all Systems

Petroleum Systems

Hazardous Substance Systems

Tanks

Piping

Recordkeeping

RELEASE REPORTING, INVESTIGATION AND CONFIRMATION

Reporting of Suspected Releases

Investigation due to Off—site Impacts

Release Investigation and Confirmation

Reporting

and Cleanup of Spills and Overfills

SUBPART

F:

RELEASE RESPONSE AND CORRECTIVE ACTION

Section

731 .120

731.121

731 .122

Section

731 .140

731 .141

731 .142

731.143

731.144

731 .145

SUBPART

Section

731 .150

731.151

731.152

731 .153

E:

116—~52

---

—3—

General

Initial Response

Initial Abatement Measures and Site Check

Initial Site Characterization

Free Product Removal

Investigations

for Soil and Groundwater Cleanup

Corrective Action Plan

Public Participation

SUBPART G:

OUT—OF-SERVICE SYSTEMS AND CLOSURE

Temporary Closure

Permanent Closure

and Changes—in—Service

Assessing Site at Closure or Change—in—Service

Previously Closed Systems

Closure Records

Section

731 .190

731 .191

731 .192

731 .193

731 .194

731.195

731 .196

731 .197

731.198

731 .199

731 .200

731 .202

731 .203

731 .204

731 .205

731 .206

731 .207

731 .208

731 .209

731 .210

731 .211

731 .900

731 .901

Appendix A

SUBPART

H:

FINANCIAL RESPONEIEILIT~

Applicability

Compliance Dates

Definitions

Arr.ount

and Scope

of Required

Financial

Responsibility

Allowable Mechanisms and Combinations

Financial Test

of Self—insurance

Guarantee

Insurance

or Risk Retention Group Coverage

Surety Bond

Letter

of Credit

UST State Fund

Trust Fund

Standby Trust Fund

Substitution

of Mechanisms

Cancellation

or Nonrenewal

by Provider

Reporting

Recordkeeping

Drawing

on Financial Assurance

Release from Financial Assurance Requirement

Bankruptcy

or other Incapacity

Replenishment

Incorporation by reference

(Repealed)

Compliance Date

(Repealed)

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—l

at

10

Ill.

Peg.

14175, effective August

12, 1986;

amended

in R86—28

at 11

Ill. Reg. 6220,

effective March

24,

1987;

amended

in R68—27 at

13

Ill. Peg.

9519,

effective June

12,

1929;

arrended

in P89—4

at

13

Ill. Reg.

15010, effective

731 .160

731 .161

731 .162

731 .163

731 .164

731 .165

731 .166

731 .167

Section

731 .170

731.171

731.172

731 .173

731 .174

116—153

---

—4—

September

12, 1989;

arrended

in R89—lO

at

14

Ill. Peg.

5797,

effective April 10,

1990;

amended

in P89—19

at

14

Ill.

Peg.

9454, effective June

4, 1990;

amended

in P90—3

at

14

Ill.

Peg.

11964,

effective July

10,

1990;

amended

in P90—12

at 15

Ill.

Peg.

,

effective

NOTE:

Capitalization denotes

statutory language.

SUBPART

D:

RELEASE DETECTION

Section 731.140

General Requirements

for all Systems

a)

Owners and operators

of new anã 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:

116—154

---

—

1)

For all pressurized piping

—~

~eee~a~ee

w~

~ee~4e~—as

defined

in 731.14l(b)(1)— a~é

-~42+~3--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, 1969.

C)

Installed

in 1965 through

1969,

by December

22,

1990.

D)

Installed

in 1970 through

1974,

by December

22, 1991.

E)

Installed

in 1975 through

1979,

by December

22,

1992.

F)

Installed

in 1980

through Decerrber

22,

1988,

by December

22, 1993.

C-)

Installed after December

22, 1986,

irrrnediately

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. Peg.

effective

SUBPART

H:

FINANCIAL RESPONSIBILITY

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 coirpliance with Section 730.194(b)

is

required

by:

July 24,

1989.

116—155

---

—6—

b)

All petroleum marketing firms owning

100

through 99

UST5:

October

26,

1989.

c)

All

petroleum

marketing

firms

owning

13

through

99 UST5

at

more than one facility:

April

26, —~99~—l99l.

d)

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.

Peg.

,

effective

116—156