ILLINOIS POLLUTION CONTROL BOARD
December 3, 1992
IN THE MATTER OF :
)
R92-18
CONTINGENCY PLAN UPDATE
)
(Identical in Substance
(USEPA RULES THROUGH 12/31/92)
)
Rules)
EXTENSION
OF TIME
ORDER OF THE BOARD (by J . Anderson) :
On October 1, 1992, the Board opened this Docket for the
purpose of updating the State contingency plan (Contingency Plan)
regulations contained in 35 Ill . Adm . Code 750
. The contingency
plan regulations are patterned after the USEPA CERCLA, commonly
referred to as "Superfund", regulations found in 40 CFR 300
. The
Board's contingency plan regulations address spills of hazardous
materials, and prioritization of remediation projects to be
funded by the State
. The regulations were promulgated so as to
be utilized by the Illinois Environmental Protection Agency
(Agency) in concert with the Agency's administration of the
legislatively appropriated "State Superfund" monies
.
We note, however, that while the Act requires that the
contingency plan regulations be patterned after the USEPA
"Superfund" regulations, their adoption is not required by the
differs
USEPA . In
from
this
most
respect,
other "identical
the contingency
in substance"
plan regulatory
programs
program(such
as RCRA) .
Sections 7 .2 and 22 .7 of the Environmental Protection Act
(Act) require the Board to adopt the contingency plan regulations
on a "fast track" basis pursuant to "identical in substance"
rulemaking procedures . Specifically, Section 22
.7 requires the
Board to adopt regulations which are identical in substance to
the federal regulations or amendments thereto promulgated by the
Administrator of the United States Environmental Protection
Agency
Environmental
to implement
Response,
Section
Compensation,
105 of the
and
comprehensiveLiability
Act
("CERCLA") . (Ill . Rev . Stat . 1991, ch . 111 and 1/2
. par . 1022 .7) .
Section 7
.2(b) of the Act requires the Board to adopt a rule
within one year of adoption of a federal rule, unless the Board
extends the time based on a finding that the time is
insufficient, and stating the reasons
. The Board is to specify a
date certain anticipated for completion unless a specified event
beyond the Board's control prevents such specificity
.
For the reasons stated below, the Board finds that the time
has been insufficient, and that it anticipates completion by
April 1, 1993
.
01_37-0727
2
The contingency plan regulations were adopted in R84-5, on
June 8, 1984 . The adopting opinion appears at 59 PCB 319 (August
2, 1984) . Until recently, the Board had not initiated an update
rulemaking . Given its quite limited resources, the Board felt
that it must give its highest priority attention to keeping up
with
implementing
the ongoing,
major
voluminous
federally
"identical
mandated -
in
and
substance"
funded - programsrulemakings
.
(The Board has handled, from rulewriting to adoption, some 26
rulemakings in the RCRA program alone .) We have also been aware
that, due to limited funding in recent times, this was not a high
activity program for the Agency .
The Board has been making every effort to allocate the
resources to proceed with a contingency plan update . In addition
to the Board's desire to respond to the "fast track" provisions
difficult,
in the Act,
for
two
the
events
Board
have
to allocate
occurred
its
that
resources
make it necessary,
to an updateif .
There have been voluminous amendments to the USEPA CERCLA
regulations in 40 CFR 300 at 55 Fed
. Reg . 8813, March 8, 1990 .
These amendments appear to effectively replace the old rules .
Action on a major update such as this will be essential to a
State "Superfund" program, even more so if the funding is
reactivated .
Additionally, the Illinois appellate court has ruled that
the Agency's rules regarding the State Remedial Action Priority
List (SRAPL) is unacceptable, thus leaving no valid mechanism for
prioritizing sites
. (States Land Improvement Corp . v . IEPA .
Fourth District . June 25 . 1992 : 596 N .E . 2d 1164 .)
The Agency's
rules flowed from the Board's Contingency plan regulations
. (See
discussion in the R84-5 Opinion, at 5, 6)
. While
States Land
was
on appeal to the Illinois Supreme Court, the Board delayed
proceeding with the update because it was uncertain whether
events might occur that were beyond the Board's control as
regards its own regulations . However, this reason is no longer
valid since the Supreme Court declined to review the case on
October
appellate
7,
court's
1992 rulingconcerns
. Moreover,
about Agency's
there is
SRAPL
a potential
rules to
for
be
the
addressed in the Board's update reflecting the federal program
changes .
Pursuant to Section 7 .2(b) of the Act, the Board will submit
this order for publication in the Illinois Reaister as
expeditiously as possible .
IT IS SO ORDERED .
0137- 0 72
8
Board,
I,do Dorothy
hereby
Mcert'
. Gunn,
y that
Clerk
the
of
above
the Illinois
order was
Pollution
adopted
Controlon
the
day of Zt?-~
e'-;
1992, by a vote of
7 -e
3
d-A-'6'
Dorothy M .
nn,' Clerk
Illinois P ution Control Board
0137-
0 72 9
