ILLINOIS POLLUTION CONTROL BOARD
    September 19, 1996
    IN MATTER OF:
    TIERED APPROACH TO CORRECTIVE
    ACTION OBJECTIVES,
    (35 Ill. Adm. Code 742)
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    R97-12
    (Rulemaking - Land)
    ORDER OF THE BOARD (by C.A. Manning):
    On September 16, 1996, the Illinois Environmental Protection Agency (Agency) filed this
    proposal to add a new Part 742 to our rules, establishing a tiered approach to corrective action
    objectives (also known as “TACO”), as required by P.A. 89-431, signed and effective December 15,
    1995. (See also P.A. 89-443, reenacting P.A. 89-431, along with a proportionate share liability
    provision and rulemaking mandate.) The intent of this proposal and its companion proposal, R97-11:
    Site Remediation Program (also known as “Brownfields”) (35 Ill. Adm. Code 740), is to effectuate the
    following five objectives of P.A. 89-431: (1) to establish a risk-based system of remediation based on
    the protection of human health and the environment relative to present and future used of the land; (2) to
    assure that the land use for which remedial action was undertaken will not be modified without
    consideration of the adequacy of such remedial action for the new land use; (3) to provide incentives for
    the private sector to undertake remedial action; (4) to establish expeditious alternatives for the review of
    site investigation and remedial activities, including a privatized review process; and (5) to assure that the
    resources of the Hazardous Waste Fund are used in a manner that is protective of human health and the
    environment relative to present and future uses of the site and surrounding area.
    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: Brownfields (35 Ill. Adm. Code 740); and R97-12 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.
    2
    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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