ILLINOIS POLLUTION CONTROL BOARD
    February 3,
    1994
    IN THE
    MATTER
    OF:
    )
    )
    CONTINGENCY
    PLAN
    UPDATE
    )
    R92-18
    (USEPA
    RULES
    THROUGH
    )
    (Identical in Substance Rules)
    12/31/92)
    )
    ORDER OF THE BOARD
    (by C A. Manning):
    On August 5,
    1993, the Board issued an extension of time order
    pursuant to Section 7.2 and 22.7 of the Environmental Protection
    Act
    (“Act”)
    (415 ILCS 5/7.2(b) and 5/22.7
    (1992).)
    Sections 7.2
    and
    22.7
    of
    the Act require
    the Board to
    adopt
    amendments
    to
    State’s contengency plan regulations
    pursuant to
    “identical
    in
    substance” rulemaking procedures, unless the Board formally extends
    the time
    in accordance with Section 7.2.
    The contingency plan
    regulations are to be identical in substance to federal regulations
    or amendments thereto promulgated by the Administrator of the USEPA
    to implement Section 105 of Comprehensive Environmental Response,
    Compensation, and Liability Act of 1980, as amended (“CERCLA”).
    On February
    1,
    1994,
    the Illinois Environmental Protection
    Agency
    (“Agency”)
    submitted a request that we further extend the
    completion date for this rulemaking.
    The Agency is pursuing an
    amendment to
    Section
    22.7
    in the upcoming legislative
    session.
    Such an amendment would substantially alter,
    if not remove
    the
    legislative mandate entirely that the Board
    adopt
    identical
    in
    substance rules
    to USEPA
    CERCLA
    Section 105 regulations when no
    federal authorization or USEPA approval is required.
    Clearly, such
    a legislative change would impact the outcome of this rulemaking,
    if not obviate it altogether.
    Therefore,
    we are
    hereby
    formally extending
    the
    time
    for
    completion of this rulemaking.
    However, we decline to set a time
    certain and do so based on the nature of the legislative process.
    Should
    a
    legislative
    amendment
    not
    be
    successful,
    the
    Board
    estimates it would require six months to complete the rulemaking.
    Pursuant to Section 7.2(b) of the Act, the Board will submit this
    order for publication in the Illinois Register as expeditiously as
    possible.
    IT IS SO ORDERED.
    2
    I, Dorothy N.
    Gunn,
    Clerk of the Illinois Pollution Control
    B~r
    ,
    hereby cer
    that the above order was adopted on the
    1
    ay of
    ,
    1994,
    by a vote of
    7
    —~2~
    ~
    ~
    /L~
    Dorothy N. G)~n,Clerk
    Illinois PoX ution Control Board

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