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 3. 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
    USEPA.
    In this respect, the contingency plan regulatory program
    differs from most other “identical in substance” programs (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 to implement Section 105 of the Comprehensive
    Environmental Response, Compensation, and Liability Act
    (“CERCLA”).
    (Ill. Rev.
    Stat.
    1991,
    ch.
    11.
    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.
    0131-0727

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