ILLINOIS POLLUTION CONTROL BOARD
    October 17, 1996
    IN THE MATTER OF:
    )
    )
    R92-18
    CONTINGENCY PLAN UPDATE, USEPA
    )
    (Identical-in-Substance)
    REGULATIONS (through June 30, 1992)
    )
    (Land Rules)
    IN THE MATTER OF:
    )
    )
    R93-7
    CONTINGENCY PLAN UPDATE, USEPA
    )
    (Identical-in-Substance)
    REGULATIONS (July 1 through December
    )
    (Land Rules)
    31, 1992)
    )
    IN THE MATTER OF:
    )
    )
    R93-23
    CONTINGENCY PLAN UPDATE, USEPA
    )
    (Identical-in-Substance)
    REGULATIONS (January 1 through
    )
    (Land Rules)
    June 30, 1993)
    )
    IN THE MATTER OF:
    )
    )
    R94-9
    CONTINGENCY PLAN UPDATE, USEPA
    )
    (Identical-in-Substance)
    REGULATIONS (July 1 through December
    )
    (Land Rules)
    31, 1993)
    )
    IN THE MATTER OF:
    )
    )
    R94-27
    CONTINGENCY PLAN UPDATE, USEPA
    )
    (Identical-in-Substance)
    REGULATIONS (January 1 through
    )
    (Land Rules)
    June 30, 1994)
    )
    Proposed rules.
    Dismissal order.
    ORDER OF THE BOARD (by C.A. Manning):
    Section 22.7(a) of the Environmental Protection Act (Act) [415 ILCS 5/22.7(a) (1994)]
    formerly required the Board to adopt regulations that are "identical in substance" to remedial
    action regulations promulgated by USEPA to implement Section 105 of the Comprehensive
    Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. ยง 9605). The
    Board adopted such regulations in docket R84-5 on June 8, 1984 and amended them in R84-
    5(B) on May 30, 1995. The Board has since periodically and systematically reserved dockets
    for various six-month time-frames to consider amendments to the federal regulations (codified
    as 40 CFR 300) that USEPA has adopted since we adopted the initial R84-5 docket. Knowing
    2
    that prospective statutory revisions would affect the scope of our Section 22.7(a) authority, and
    at the request of the Illinois EPA (Agency), the Board deferred action on these update dockets.
    The recent "brownfields" legislation, P.A. 89-431, effective December 15, 1995,
    repealed Section 22.7(a) of the Act. This legislation replaced the contingency plan regulatory
    program with the "brownfields" regulatory program, mandating that the Board adopt
    regulations by March 15, 1997. The Agency has proposed, and the Board has docketed as
    R97-12, a set of "brownfields" regulations pursuant to P.A.. 89-431 that would replace the
    contingency plan rules.
    For the foregoing reasons, the Board hereby dismisses the five reserved dockets listed
    in the caption of this order.
    IT IS SO ORDERED.
    Board Member K. Hennessey abstained.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, do hereby certify
    that the above order was adopted on the _______ day of _____________________________,
    1997, by a vote of _________.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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