ILLINOIS POLLUTION CONTROL BOARD
    September 19, 1996
    IN MATTER OF:
    REGULATION OF PETROLEUM LEAKING
    UNDERGROUND STORAGE TANKS
    (35 Ill. Adm. Code 732)
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    R97-10
    (Rulemaking - Land )
    ORDER OF THE BOARD (by C.A. Manning):
    On September 16, 1996 the Illinois Environmental Protection Agency (Agency) filed this
    proposal to amend our existing underground storage tank (UST) rules as required by P.A. 89-457,
    signed and effective May 22, 1996. P.A. 89-457 requires that the Board complete its rulemaking on or
    before March 15, 1997. The intent of the proposal is to effectuate changes for three reasons: (1) to
    make the UST program consistent with specified federal requirements; (2) to clarify issues which have
    arisen since initial implementation of this part; and (3) to address issues unresolved in the predecessor
    R94-2(B) docket, such as determining risk-based remediation objectives and site classification.
    The Board notes that three Agency rulemaking petitions were filed on September 16, 1996.
    These are R97-10: Regulation of Petroleum Leaking Underground Storage Tanks (35 Ill. Adm. Code
    732); R97-11: Site Remediation Program (also known as “Brownfields”) (35 Ill. Adm. Code 740); and
    R97-12: the Tiered Approach to Corrective Action Objectives (also known as “TACO”) (35 Ill. Adm.
    Code 742). Each of the three Agency rulemaking petitions has a decision due date. The Leaking
    Underground Storage Tanks rulemaking is due to be completed by March 15, 1997, while the
    Brownfields and TACO rulemakings, which are thematically linked, are each due to be completed on or
    before June 16, 1997. The Board is still in the process of reviewing each of these petitions, and is still
    considering options for the most expeditious handling, coordination and completion of these time-driven
    rules.
    At this time, we will accept this matter for hearing, and grant the motion regarding
    incorporations by reference filed along with the petition. We note, however, that the proposal fails to
    include a completed copy of the economic impact form required by the Joint Committee on
    Administrative Rules (See Section 102.121(c)). While we additionally note that the proposal itself
    requests additional time to supply economic information, we believe the economic impact form should
    be submitted in advance of hearing based on any information available at that time. The hearing officer
    is directed to establish a date for the Agency’s submission of the economic impact form.
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    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 ___________, 1996, by a vote of ______________.
    ___________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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