ILLINOIS POLLUTION CONTROL BOARD
March 25,
1993
IN THE
MATTER
OF:
)
)
CONTINGENCY
PLAN
UPDATE
)
R92-18
(USEPA RULES THROUGH
)
(Identical in Substance
12/31/92)
)
Rules)
EXTENSION OF TIME
ORDER OF THE BOARD (by 1. Anderson):
On December 3,
1992,
the Board issued an order pursuant to
Sections 7.2 and 22.7 of the Environmental Protection Act (Act).
(415 ILCS 5/7.2(b) and 5/22.7
(1992)).
1
In that order, the
Board found that the time was insufficient in which to comply
with the sections’ one—year adoption requirement, and anticipated
completion of this rulemaking by April
1,
1993.
The Board today
again finds that it must extend the deadline.
For the reasons stated below, the Board cannot specify an
anticipated completion deadline, due to the current pendency of
legislation seeking to amend the statutory mandate that will
directly affect the scope of this rulemaking.
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 United States
Environmental Protection Agency
(USEPA)
regulations found in 40
CFR 300 which implement Section 105 of the Comprehensive
Environmental Response, Compensation, and Liability Act (“CERCLA”
and also commonly referred to as the “Superfund Act”).
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.
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
1
The Act was formerly codified at Ill. Rev. Stat.
1991,
ch.
111 1/2, par. 1001 et seq.
01
i~o-OEO5
2
Administrator of the USEPA to implement Section 105 of
(CERCLA).2
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.
The Board cannot, however, specify an anticipated date
certain for completion of this proceeding due to an event beyond
the Board’s control.
This event is pendency in the spring
session of the 88th General Assembly of SB534.
SB534, among
other things, seeks to amend provisions of Section 27(a)
of the
Act which establish the specifics of the State contingency plan’s
identical in substance mandate.
As a matter of administrative
economy for the Board and Agency, and to conserve the resources
of the regulated community and other affected members of the
public,
the Board will not proceed until the legislature and then
the Governor take final action to amend or not amend the existing
statute.
The Board will monitor the progress of SB534 during the
course of the legislative session.
The Board presently
anticipates issuing an order on or about July 22,
1993
(the date
of the Board’s second scheduled July meeting) which reports the
status of the legislation, and which contains the Board’s best
assessment of when this rulemaking may be completed.
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
While
the
Act
requires
that
the
contingency
plan
regulations be patterned after the USEPA “Superfund” regulations,
their adoption is not required by the USEPA.
In this respect, the
contingency plan regulatory program differs from most other
“identical in substance” programs
(such as RCRA).
0k001t06
3
I, Dorothy N. Gunn,
Clerk of the Illinois Pollution Control
Board, do hereby ceztify that the above order was adopted on the
~=‘~‘3~day of
7~7)
—c-J~-~
,
1993, by a vote of
~
c~AL.
~i
Dorothy M. GuØ/~, Clerk
Illinois Pol&tion
Control Board
01
L~Ø-QL~Ø7