ILLINOIS POLLUTION CONTROL BOARD
February 28,
1991
IN THE MATTER OF:
)
)
UST UPDATE
)
R90-12
USEPA REGULATIONS
)
(Identical in
(1/1/90 through 6/30/90)
)
Substance Rulemaking)
ADOPTED RULES.
FINAL ORDER.
OPINION OF THE BOARD
(by J. Anderson):
Pursuant to Section 22.4(d)
of the Environmental Protection
Act (Act), the Board is amending the underground storage tank (UST)
regulations
in 35
Ill.
Adm. Code 731.
Section
22.4
of
the
Act
governs
adoption
of
regulations
establishing
the
RCRA
program
in
Illinois,
including
the
regulations
of UST’s 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
RCRA/UST rules are found at 40 CFR 280.
This rulemaking updates
Illinois’ UST rules to correspond with the followin~USEPA actions,
during the period January
1 through June 30,
1990:
55 Fed. Reg.
17753
April
27,
1990
55 Fed.
Reg.
18566
May 2,
1990
55 Fed.
Reg.
23738
June 12,
1990
PUBLIC COMMENT
The Board adopted a Proposed Opinion and Order on November 8,
1990.
The proposal appeared on December 21,
1990, at 14 Ill. Reg.
20162. The Board has received the following public comment:
1This
rulemaking
does
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 postponed action pending possible revisions by
the legislature
to PA.
86-1050.
During the pendency
of
this
proposal,
P.A.
86—1484
corrected
a
portion
of
P.A.
86-1050.
Pending
possible
further
revisions,
the
Board
will
delay
considering whether changes are needed to the regulations until
R9l—l.
119—171
2
PC
1
Impact Analysis from the Small Business Assistance
Bureau, Department of Commerce and Community Affairs
(DCCA), January 30,
1991
PC 2
Administrative Code Division, February 4,
1991.
PC
3
JCAR,
December 21,
1990
DCCA found that there would be no impact on small business
from adoption of these federally mandated rules.
The Code Division
found
that
the
proposal
met
codification
requirements.
JCAR
indicated that it had no questions.
The Board
construes
the lack
of
comment
from the
Agency,
Office of the State Fire Marshal and United States Environmental
Protection Agency, as meaning that these agencies find these rules
acceptable.
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.
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—10
March 1, 1990;
14 Ill. Reg. 5797, effective April
10,
1990
(10/27/88
—
6/30/89)
R89—l9
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)
R9l-2
Next UST Docket
(7/1/90
—
12/31/90)
119—172
3
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 shortly.
FIRE MARSHAL RULES
Ill. Rev. Stat. 1989,
ch.
127 1/2, par. 156 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.
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
Ill. Reg.
14992, effective September 11,
1989.
13
Ill.
Reg.
15126, 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 is drawn
from 40 CFR 280.40, which was amended
by USEPA on April
27,
1990,
at
55
Fed.
Reg.
17753,
and corrected
119—1
73
4
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.l40(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 R91-2, to be proposed 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.
This Opinion supports the Order adopted this same day.
The
Board will wait 30 days before filing these adopted rules, pending
post-adoption comments,
particularly by the agencies involved in
the authorization process.
IT IS SO ORDERED.
I,
Dorothy M.
Gunn,
Clerk of the Illinois Pollution Control
Boarç~, hereby ~prtify that the above Opinion was adopted on the
~~~day
of
~
,
1991, by a vote of
________
Dorothy N.
q4cin,
Clerk’
Illinois Po~4utionControl Board
119—174