ILLINOIS POLLUTION CONTROL BOARD
    December 3, 1992
    IN THE MATTER OF:
    )
    )
    SAFE DRINKING WATER ACT UPDATE
    )
    R92-12
    (1-1—92 through 6-30-92)
    )
    (Identical in Substance Rules)
    Proposed Rule
    Dismissal Order
    ORDER OF THE BOARD (by
    3.
    Anderson):
    Section 17.5 of the Environmental Protection Act (Act)
    requires the Board to adopt regulations which are “identical in
    substance” with USEPA drinking water rules adopted pursuant to
    Sections 1412(b), 1414(c), 1417(a), and 1445(a) of the Safe
    Drinking Water Act (P.L. 93-523), as amended (SDWA).
    The
    term
    “identical in substance” has been defined in Section 7.2 of the
    Act. Accordingly, the Board reserved this docket for USEPA
    amendments during the period from January 1 through June 30,
    1992.
    USEPA undertook the following rulemaking actions during the
    current update period:
    57 Fed. Reg. 1850
    January 15, 1992
    57 Fed. Reg. 22178
    May 27, 1992
    57 Fed. Reg. 24744
    June 10, 1992
    The January 15 and June 10 actions affect the coliform rules.
    Since those amendments involved Sections already under revision
    in R91-3 and public comments requested their inclusion, the Board
    included those amendments in that docket. The Nay 27 action
    imposes an administrative stay on the effective date for three
    synthetic organic chemical contaminants added in the federal
    Phase IIB amendments, under revision in docket R92—3. For that
    reason, the Board will handle this action together with the Phase
    IIB rules in that docket. No other federal SDWA amendments
    occurred during this update period.
    For the foregoing reason, the Board hereby dismisses this
    docket.
    IT IS SO ORDERED.
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board, do hereby cej~ti,~ythat the above o,rder was adopted by the
    /~~i
    --
    Board on the
    _______________
    day of
    ~
    -‘-~-~‘
    1992, by a vote of
    -7—C
    /
    p
    ~,,
    Dorothy N.
    Gunn,
    Clerk
    Illinois Pollution Control Board
    0137-0725
    2
    The contingency plan regulations were adopted in R84-5, on
    June 8, 1984. The adopting Opinion appears at 59 PCB 319 (August
    2, 1984). Until recently, the Board had not initiated an update
    rulemaking. Given its quite limited resources, the Board felt
    that it must give its highest priority attention to keeping up
    with the ongoing, voluminous “identical in substance” rulemakings
    implementing major federally mandated
    —
    and funded
    —
    programs.
    (The Board has handled, from rulewriting to adoption, some 26
    rulemakings in the RCRA program alone.) We have also been aware
    that, due to limited funding in recent times, this was not a high
    activity program for the Agency.
    The Board has been making every effort to allocate the
    resources to proceed with a contingency plan update. In addition
    to the Board’s desire to respond to the “fast track” provisions
    in the Act, two events have occurred that make it necessary, if
    difficult, for the Board to allocate its resources to an update.
    There have been voluminous amendments to the USEPA CERCLA
    regulations in 40 CFR 300 at 55 Fed. Reg. 8813, March 8, 1990.
    These amendments appear to effectively replace the old rules.
    Action on a major update such as this will be essential to a
    State “Superfund” program, even more so if the funding is
    reactivated.
    Additionally, the Illinois appellate court has ruled that
    the Agency’s rules regarding the State Remedial Action Priority
    List (SRAPL) is unacceptable, thus leaving no valid mechanism for
    prioritizing sites. (States Land Improvement Corp. v. IEPAI
    Fourth District, June 25, 1992; 596 N.E. 2d 1164.) The Agency’s
    rules flowed from the Board’s Contingency plan regulations. (See
    discussion in the R84-5 Opinion, at 5, 6). While States Land was
    on appeal to the Illinois Supreme Court, the Board delayed
    proceeding with the update because it was uncertain whether
    events might occur that were beyond the Board’s control as
    regards its own regulations. However, this reason is no longer
    valid since the Supreme Court declined to review the case on
    October 7, 1992 ruling. Moreover, there is a potential for the
    appellate court’s concerns about Agency’s SRAPL rules to be
    addressed in the Board’s update reflecting the federal program
    changes.
    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.
    0 37-0728
    3
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board, do hereby cert~ythat the above order was adopted on the
    _________
    day of
    —~-~.-c-~--~,
    1992, by a vote of
    7~’
    /
    /?L-~
    ~
    “Dorothy N. G~/nn, Clerk
    Illinois Pollution Control Board
    ‘I
    UI 37-0729

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