ILLINOIS POLLUTION CONTROL BOARD
    September 19, 1996
    IN MATTER OF:
    SITE REMEDIATION PROGRAM
    (35 Ill. Adm. Code 740)
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    R97-11
    (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 740 to our rules establishing procedures for site remediation
    programs (also known as “Brownfields”) 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, R97-12: the Tiered Approach to Corrective Action Objectives
    (also known as “TACO”) (35 Ill. Adm. Code 742), 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 use 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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