ILLINOIS POLLUTION CONTROL BOARD
    March 25,
    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 1. Anderson):
    On December 3,
    1992,
    the Board issued an 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)).
    1
    In that order, the
    Board found that the time was insufficient in which to comply
    with the sections’ one—year adoption requirement, and anticipated
    completion of this rulemaking by April
    1,
    1993.
    The Board today
    again finds that it must extend the deadline.
    For the reasons stated below, the Board cannot specify an
    anticipated completion deadline, due to the current pendency of
    legislation seeking to amend the statutory mandate that will
    directly affect the scope of this rulemaking.
    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 United States
    Environmental Protection Agency
    (USEPA)
    regulations found in 40
    CFR 300 which implement Section 105 of the Comprehensive
    Environmental Response, Compensation, and Liability Act (“CERCLA”
    and also commonly referred to as the “Superfund Act”).
    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.
    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
    1
    The Act was formerly codified at Ill. Rev. Stat.
    1991,
    ch.
    111 1/2, par. 1001 et seq.
    01
    i~o-OEO5
    2
    Administrator of the USEPA to implement Section 105 of
    (CERCLA).2
    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.
    The Board cannot, however, specify an anticipated date
    certain for completion of this proceeding due to an event beyond
    the Board’s control.
    This event is pendency in the spring
    session of the 88th General Assembly of SB534.
    SB534, among
    other things, seeks to amend provisions of Section 27(a)
    of the
    Act which establish the specifics of the State contingency plan’s
    identical in substance mandate.
    As a matter of administrative
    economy for the Board and Agency, and to conserve the resources
    of the regulated community and other affected members of the
    public,
    the Board will not proceed until the legislature and then
    the Governor take final action to amend or not amend the existing
    statute.
    The Board will monitor the progress of SB534 during the
    course of the legislative session.
    The Board presently
    anticipates issuing an order on or about July 22,
    1993
    (the date
    of the Board’s second scheduled July meeting) which reports the
    status of the legislation, and which contains the Board’s best
    assessment of when this rulemaking may be completed.
    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.
    2
    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).
    0k001t06
    3
    I, Dorothy N. Gunn,
    Clerk of the Illinois Pollution Control
    Board, do hereby ceztify that the above order was adopted on the
    ~=‘~‘3~day of
    7~7)
    —c-J~-~
    ,
    1993, by a vote of
    ~
    c~AL.
    ~i
    Dorothy M. GuØ/~, Clerk
    Illinois Pol&tion
    Control Board
    01
    L~Ø-QL~Ø7

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