ILLINOIS POLLUTION CONTROL BOARD
    November 21, 1991
    WILLIAMSON ADHESIVES,
    INC.,
    )
    Petitioner,
    v.
    )
    PCB 90—168
    )
    (UST Fund ReilLthursernent
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by B.
    Forcade):
    Williamson initiated this proceeding by its petition
    for
    review filed September 4,
    1990.
    The petition sought review
    pursuant to Ill. Rev.
    Stat.
    1989 ch.
    ill 1/2,
    par.
    1022.18b(g)
    and 1040 of the Agency’s August
    2,
    1990 denial of reimbursement
    for costs of corrective action under Ill.
    Rev.
    Stat.
    1989
    ch.
    111
    1/2 par.
    l022.18b(a).
    Section 22.18b(a)
    subparagraph
    (3)
    of the Illinois
    Environmental Protection Act (“Act”),
    Ill.
    Rev.
    Stat.,
    1989,
    reads as follows:
    “a.
    An owner or operator
    is eligible to receive
    money
    from
    the Underground Storage Tank Fund for costs of
    corrective action or indemnification only if all
    of the
    following requirements are satisfied:...
    ***
    3.
    The
    costs of corrective action or indemnification
    were incurred by an owner or operator as
    a result
    of
    a release
    of petroleum,
    but not including any
    hazardous substance,
    from an underground storage
    tank;
    Williamson sent an Application for Reimbursement from the
    Underground Storage Tank
    (UST)
    Fund to the Agency on July 20,
    1990.
    Williamson sought reimbursement for four tanks containing
    hexane and one tank containing toluene.
    The Agency determined
    that Williamson’s application was not eligible for reimbursement
    since the tanks did not contain a petroleum product and there was
    no evidence of a release of a petroleum product at the facility.
    The petitioner sought review of the Agency’s denial for
    reimbursement on the following issues:
    a) the nature of the
    discharge from petitioner’s tanks,
    b) whether hexane
    is
    a
    -
    127—173
    2
    petroleum product,
    and c) whether petitioner
    is eligible for
    reimbursement.
    On March 25,
    1991 the Agency received Petitioner’s re-
    application for reimbursement.
    On May 24,
    1991 the Agency
    informed Petitioner that the
    supplemental information in the re-
    application did not cause the Agency to alter its decision of
    August
    2,
    1990.
    Petitioner filed a petition for review (PCB 91-
    112) dated June 28,
    1991 of the Agency’s May 24,
    1991 decision.
    Thee Board issued an order in Williamson Adhesives,
    Inc.
    v.
    IEPA
    PCB 91-112
    (August 22,
    1991)
    granting summary judgernent in
    favor of the Agency.
    The order concluded that:
    both hexane and toluene are “hazardous substances”
    under Section 3.14 of the Act.
    Congress listed hexane
    as a “hazardous air pollutant” in Section 112(a)
    of the
    Clean Air Act.
    Congress similarly listed toluene in
    that provision.
    Further, USEPA has designated toluene
    as
    a “hazardous substance”at 40 CFR 116.4, pursuant to
    Section 311(b) (2) (A)
    of the Clean Air Act, and at 40
    CFR 302.4, pursuant to Section 102 of CERCLA,
    and as a
    “toxic water pollutant” at 40 CFR 401.15, pursuant to
    Section 307(a)
    of the Clean Water Act.
    ******
    Therefore,
    pursuant to Section 22.l8b(a) (3),
    Ill.
    Rev.
    Stat.
    1989 ch.
    111 1/2
    ,
    par.
    1022.l8b(a) (3)
    Williamson Adhesives is not eligible for reimbursement
    for costs of corrective action.
    A release of toluene
    is not a “release of petroleum” that would entitle
    Williamson Adhesives to such reimbursement.
    A release
    of hexane
    is a release of “hazardous substance” for
    which reimbursement
    is not allowed.
    Summary judgeinent is appropriate where there is no genuine
    issue of material fact based on the affidavits,
    admissions,
    pleadings and other items in the record.
    Caruthers v.
    B.C.
    Christopher
    &
    Co.,
    57
    Ill.
    2d 376,380,
    314 N.E.
    2d 457,
    459
    (1974);
    Ill. Rev.
    Stat.
    1989 ch.
    110 par.
    1005(d).
    -
    On June
    3,
    1991 the Agency filed a Notion for Summary
    Judgernent.
    The Board on June 6,
    1991, denied the Agency’s motion
    because the motion was not filed 21 days prior to a hearing
    scheduled for June 13,
    1991 as required by 35 Ill. Adm. Code
    101.245.
    At’the June 13th hearing, the parties agreed to change
    the hearing to a pre—hearing conference.
    On June 27,
    1991,
    Petitioner filed a Response to Motion for Summary Judgement.
    The
    Board,
    on its own motion reconsiders the Agency’s Notion
    for
    Summary Judgement.
    127—174
    3
    Conclusion
    Hexane and toluene are “hazardous substances”.
    Therefore,
    pursuant to Section 22.18b(a) (3),
    Ill.
    Rev. Stat.
    1989
    ch.
    111
    1/2 par.
    l022.18b(a)(3), Williamson is not eligible for
    reimbursement for costs
    of corrective action.
    Therefore, the Board hereby grants summary judgernent in
    favor of the Agency.
    The Board hereby affirms the Agency’s
    decision’ of August
    2,
    1990 that disallowed reimbursement
    from the
    Underground Storage Tank Fund.
    This docket
    is closed.
    Section 41 of the Environmental Protection Act,
    Ill.
    Rev.
    Stat.
    1989
    ch.
    111 1/2, par.
    1041, provides for appeal of Final
    Orders of the Board within 35 days.
    The rules of the Supreme
    Court of Illinois establish filing requirements.
    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
    7~--~-~----
    1991 by a vote of
    _______
    L
    ~
    ~h.
    ~
    Dorothy M.//Gunn, Clerk
    Illinois Pollution Control Board
    127—175

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