ILLINOIS POLLUTION

CONTROL BOARD

August

11,

1994

IN THE

MATTER

OF:

)

)

REGULATION OF PETROLEUM

)

R94-2(B)

LEAKING UNDERGROUND

STORAGE

)

(Rulemaking)

TANKS:

35

ILL. ADM.

CODE 732

)

(Pursuant to

P.A.

88-496)

)

ORDER

OF THE

BOARD

(by

C.

A.

Manning,

J.

Theodore Meyer,

and

M.

McFawn):

Today,

in

a companion

opinion and, order in

R94-2,

the

Board

granted the

Underground Storage Tank Advisory

Committee’s

(USTAC) June

1,

1994

motion

to

sever

the docket.

By

this

order,

we open

a

subdocket,

R94-2(B),

in this proceeding)

As

we noted

in

the accompanying second

notice opinion

and

order,

USTAC

asked

the

Board

to

sever the docket and

create a

subdocket to

allow more time for the development of

objective, risk-based

soil

remediation numbers and/or a

matrix.

The

Board granted

that

motion,

and this

subdocket is

hereby established

in

order

to develop risk-based

soil

remediation cleanup

objectives.

We will also entertain issues

of further site-specific

classification

and

risk analysis

based on

groundwater

and

its potential

uses;

the

standard

“No

Further

Remediation” letter;

and

the concern

raised

by

the Illinois Department of

Transportation

regarding the placement of monitoring wells.

Additionally, the

Board

will

consider any other issues necessary

to

the promulgation of a clear and

complete rule.

However, the Board

does not intend

to

reconsider issues

which

we have

already

resolved,

unless

necessitated by

an

intervening statutory

change.

The

Board

recognizes

that

the issues

in

this docket R94-2(B) must

be

resolved

as

quickly

as possible,

and we will

proceed

as

expeditiously as possible

with

this

portion

of the

rulemaking.

Further direction on

the progress of the rulemaking, including

a

hearing

schedule

and

the opportunity

for interested persons

to

submit proposed

rules,

will be

set

forth

in

a

hearing officer order to be

issued

shortly.

IT

IS

SO

ORDERED.

The

underlying docket,

which

is

sent

to

second

notice today,

will

now

be

known as

R94-2(A).

The entire

record of R94-2(A)

is

hereby

incorporated into

this

docket B.

---

2

I, Dorothy M.

Gunn,

Clerk of the Illinois

Pollution

Control Board,

hereby certify

that

the above order was adopted on

the

//~

day of

_________________,

1994,

by

a

vote of

~

A.

Dorothy M.

(i~I7n,Clerk

Illinois Pollutth~Control

Board