ILLINOIS POLLUTION CONTROL BOARD
    January 9,
    1992
    IN THE
    MATTER
    OF:
    )
    UST UPDATE,
    USEPA REGULATIONS
    )
    R9l-14
    (1/1/91
    —
    6/30/91)
    )
    (Identical in
    substance
    Rules)
    EXTENSION OF TIME
    ORDER OF THE BOARD
    (by J. Anderson):
    Section
    22.4(d)
    of the Environmental
    Protection Act
    (Act)
    requires the Board to
    adopt
    regulations which
    are
    identical
    in
    substance to federal regulations
    promulgated by USEPA to implement
    the Underground Storage
    Tank
    (UST)
    Federal Resource Conservation
    and
    Recovery
    Act.
    Section
    7.2(b)
    of
    the
    Act
    requires
    that
    identical
    in substance rulemakings be completed within one year
    after the first USEPA action in the batch period.
    If the Board is
    unable
    to
    do
    so
    it must
    find
    that
    an
    “extension
    of
    time”
    is
    necessary, give the reasons why the one year period is insufficient
    for completion of the rulemaking,
    publish the finding and reasons
    in
    the
    Illinois
    Register
    and
    specify
    a
    date
    whe~i the
    Board
    anticipates completion of the rulemaking.
    The Board hereby finds that an extension of time is needed.
    April
    9,
    1992
    is the anticipated completion date and the reasons
    are as follows:
    The first USEPA action during this batch period occurred on
    January 2,
    1991.
    However, this does not itself require a change in
    Board rules, because of the effect of P.A. 87-323, which requires
    the Board
    to repeal the Section
    involved.
    However,
    P.A.
    87-323
    itself required the Board
    to repeal that Section by January
    1,
    1992,
    a date which the Board has missed.
    The Board will therefore
    enter a “reasons for delay” Order.
    The reasons for delay are the staff time which was devoted to
    R91-3
    and
    R91—13,
    rulemakings
    which
    are
    also
    “identical
    in
    substance”
    rulemakings
    subject
    to
    the
    same
    time
    requirements.
    Separate “reasons
    for delay”
    orders have been entered
    in
    those
    Dockets.
    The Board has on this same day adopted a Proposed Opinion and
    Order reflecting the revisions required by P. A. 87-323.
    The Board
    anticipates that it will be able to adopt these revisions by April
    9,
    1992.
    Pursuant to Section
    7.2(b)
    of the Act,
    this Order will
    be
    published expeditiously in the Illinois Register.
    IT IS SO ORDERED.
    129—149
    2
    I,
    Dorothy N.
    Gunn,, Clerk of the Illinois Pollution Control
    Board, h reby certi,~ythat the above Order was adopted on the
    -
    day of
    ___________,
    1992, by a vote of
    __________
    I
    Clerk’
    lution Control Board
    Doro
    Illinois
    129—150

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