ILLINOIS POLLUTION CONTROL BOARD
    August
    5,
    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 J. Anderson):
    On March
    25,
    1993,
    the Board issued an extension of time
    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))
    •2
    Sections 7.2 and 22.7 of the Environmental Protection Act require
    the Board to adopt amendments to its contingency plan regulations
    on a “fast track” basis pursuant to “identical
    in substance”
    rulemaking procedures,
    unless the Board formally extends the time
    in accordance with Section 7.2.
    The contingency plan regulations
    are to be identical
    in substance to federal regulations or
    amendments thereto promulgated by the Administrator of the USEPA
    to
    implement Section 105 of CERCLA.
    For the reasons contained in its March 25,
    1993 order,
    and
    as summarized as follows, the Board finds that an extension of
    time is necessary to complete the rulemaking.
    In its March 25,
    1993 order,
    the Board explained,
    pursuant to Section 7.2
    of the
    Act, that it could not specify an anticipated completion
    deadline, due to an event beyond the Board’s control,
    i.
    e., the
    then—current pendency of legislation seeking to amend the
    statutory mandate that would have directly affected the scope of
    this rulemaking.
    At that time,
    the Board determined not to
    proceed until
    it knew the outcome of the proposed legislative
    amendment to provisions of the Act which establish the specifics
    of the State contingency plan’s identical in substance mandate.3
    The Board anticipated being able to give its best assessment of
    when this rulemaking could be completed at its second regularly
    scheduled July meeting.
    On December
    3,
    1992,
    the Board had also earlier issued
    an extension of time order
    in this matter.
    2
    The Act was formerly codified at Ill. Rev.
    Stat.
    1991,
    ch.
    111
    1/2,
    par.
    1001 et seq.
    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)
    2
    In that the legislative session has ended without adopting
    the amendment,
    the Board is giving that best assessment today.
    The Board anticipates that this rulemaking,
    which is
    voluminous, can be completed by February 10.
    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.
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    ~
    hereby certify~that the above order was adopted on the.
    -
    ~
    day of
    e~e-.
    /—
    ,
    1993,
    by a vote of
    ~
    /~(.
    /
    Dorothy N.
    Gur~I~i,Clerk
    Illinois Poll~tionControl Board

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