ILLINOIS POLLUTION CONTROL BOARD

July 25,

1991

IN THE MATTER OF:

)

R91—2

UST UPDATE

)

 (Identical

 in Substance Rules)

USEPA REGULATIONS

)

(7/1/90

—

 12/31/90)

)

ADOPTED RULE

 FINAL ORDER.

OPINION

AND

ORDER OF THE BOARD

 (by J. Anderson):

Pursuant to Section 22.4(d)

 of the Environmental Protection

Act (Act),

 the Board is amending the UST underground storage tank

regulations in 35

 Ill. Adm. Code 731.

Section 22.4 of the Act governs adoption

of

regulations

establishing the RCRA/UST program in Illinois.

 Section 22.4(d)

provides for quick adoption of regulations which are “identical

in substance” to federal regulations.

 Section 22.4(d) provides

that Title VII of the Act and Section 5 of the Administrative

Procedure Act

 (APA)

 shall not apply.

 Because this rulemaking is

not subject to Section

 5 of the APA,

 it is not subject to first

notice or to second notice review by the Joint Committee on

Administrative Rules

 (JCAR).

 The federal UST rules are found at

40 CFR 280.

 This rulemaking updates Illinois’ UST rules to

correspond with the following US9’A actions, during the period

 July 1 through December 31,

 1990:

55 Fed. Reg. 46025

 October 31,

1990

PUBLIC COMMENT

The proposal was published on May 3,

 1991,

 at 15 Ill. Reg.

6424.

 The Board has received the followi’ng comment:

PC

1

 Administrative Code Division, May 20,

1991

PC 2

 Department of Commerce and Community Affairs,

Small Business Assistance Bureau (DCCA), June 21,

1991

1This

 rulemaking

 does

 not address

 the effects

 on the UST

regulations of H.B.

 3325, which has been signed into law as P.A.

86-1050.

 In R90-12, the Board postponed action pending possible

revisions to P.A. 86-1050.

 During the pendency of that proposal,

P.A. 86—1484 corrected a portion of P.A. 86—1050.

 In anticipation

of possible further corrective legislation, we will again postpone

any action on P.A.

 86—1050.

124—33 7

2

The Code Division had no comments.

 DCCA found no

significant economic impact on small business.

The Board received no comment from the Illinois

Environmental Protection Agency, the Office of the Illinois State

Fire Marshal or the United States Environmental Protection

Agency.

 The Board construes this lack of comment as meaning that

these agencies find these rules acceptable in all respects as

 proposed.

HISTORY OF UST RULES

The UST rules are contained in 35

 Ill. Adm. Code 731.

 They

were adopted and amended as follows:

R86—17

 1 PCB 110, July 11,

 1986;

 10 Ill.

 Reg.

 13998,

August 22,

 1986.

R86-28

 75 PCB 306, February 5,

 1987;

 and 76 PCB 195,

March

 5, 1987;

 11 Ill.

 Reg.

 6017,

 April

3,

1987.

 Correction at 77 PCB 235, April 16,

 1987;

11 Ill. Reg.

 8684, May 1, 1987.

R88—27

 April 27,

 1989;

13

 Ill. Reg.

 9519,

 effective

June 12,

1989

 (9/23/88 Technical Standards)

R89—4

 July 27,

 1989;

13

 Ill. Reg.

 15010, effective

September 12,

 1989 (10/26/88 Financial Assurance

Requirements)

R89—10

 March 1,

 1990;

14

 Ill. Reg.

 5797,

 effective

April 10,

 1990 (10/27/88

—

 6/30/89)

R89—19

 April 26,

 1990 14

 Ill. Reg. 9454, effective June

4, 1990

 (UST State Fund)

R90—3

 June 7,

 1990;

 14 Ill.

 Reg.

 11964, effective

July 10,

1990

 (7/1/89

—

 12/31/89)

R90—12

 February 28,

 1991;

15

 Ill. Reg.

 6527, effective

April 22,

 1991 (1/1/90

—

 6/30/90)

R91—2

 This Docket

 (7/1/90

—

 12/31/90)

On April

27,

 1989 the Board adopted regulations which are

identical in substance to the major revisions to the USEPA UST

rules which appeared at 53 Fed. Reg.

 37194, September 23,

 1988.

The Board separated the financial responsibility rules from the

September 23 rules in order to avoid delaying adoption of the

latter.

 The financial responsibility rules

 (53 Fed. Reg.

 43370,

10/26/88) were adopted in R89-4.

124—338

3

Until R88-27 the UST rules were addressed in the RCRA

update Dockets.

 The Board separated the September 23,

 1988 rules

from the RCRA update process because of the size and timing of

the rulemaking,

 and because of the desirability of developing a

separate mailing list for persons interested only in tanks.

The

Board will recombine the RCRA and UST updates with the next

Dockets.

FIRE

MARSHAL

RULES

The statute requires that the Office of the State Fire

Marshal adopt equivalents of much of the USEPA UST rules.

The

Fire Marshal’s rules are contained in 41 Ill.

 Adin. Code 170,

along with preexisting rules adopted prior to the USEPA

 equivalent rules.

 They were adopted, amended, corrected and

objected to in the following actions:

13

 Ill. Reg.

 5669, effective April 21,

 1989 (Technical

Standards)

13

 Ill. Reg.

 7744,

 effective May 9,

 1989.

13

 Ill. Reg.

 8515,

 effective May 19,

 1989 (Financial

Assurance)

13

 Ill. Reg.

 8875, effective May 19, 1989.

13

 Ill. Reg.

 13288, August 18,

 1989.

13

 Ill. Reg.

 13305, August 18,

 1989.

13

 Iii. Reg.

 14992, effective September 11,

 1989.

13

 Iii. Reg.

 15126, September 22,

1989

14

 Ill. Reg.

 63, January

5,

1990

14

 Ill. Reg.

 5781, April

20,

1990

SECTION-BY-SECTION DISCUSSION

Section 731.113

The Board has updated the incorporations by reference of

federal regulations to the 1990 Edition of the Code of Federal

Regulations, which includes federal actions through June 30,

1990.

This Section includes “abnormal” incorporations by

reference,

 i.e. references to federal rules which are cross—

referenced in the USEPA UST rules,

 but which are not a part of

the UST program itself.

 Any “normal” incorporations by reference

124—339

4

of UST rules occur at the appropriate point in the verbatim text.

When USEPA cross references another federal regulation,

it

usually means to include any future amendments to the referenced

rule.

 However, the Board is limited to incorporating specific

editions of federal regulations.

 (Section 6.02 of the APA)

Therefore,

 in order to maintain equivalence, the Board must

periodically update its references.

Any “normal” incorporations by reference which are amended

at the federal level can be found by an index search of the USEPA

UST rules, and are routinely updated in the Update Dockets.

However, because the “abnormal” references are not located in any

specific portion of the USEPA rules, amendments cannot be found

in this way.

 This is why they are consolidated in the

incorporation Section.

 The Board has updated these references,

but has not attempted to discover if there are in fact any

amendments to these regulations.

The main impact of this update may be to update the

references to 40 CFR 302, which is the CERCLA consolidated

listing of “hazardous substances”.

 This is used in the UST rules

to define “hazardous substance UST”.

 Updating the reference will

bring tanks containing any newly listed hazardous substances into

the program.

Section 731.191

This Section includes the compliance dates for financial

responsibility.

 The Section is drawn from 40 CFR 280.91, which

was amended at 55 Fed.

 Reg.

 46025, October 31,

 1990,

 to extend

the compliance date for owners of less than 13 USTs to October

26,

 1991, and for units of local government, until one year after

the adoption of additional mechanisms for units of local

government.

The USEPA rule uses the phrase “local government

entities”.

 The Board has used the phrase “unit of local

government” from the Illinois Constitution,

 in accordance with

the definition in Section 731.192,

 as adopted in R89—4.

The USEPA rule also refers to “underground storage tanks

containing petroleum”.

 The Board has used the term defined in

Section 731.191, “petroleum UST”, which is used to state the

compliance dates for other types of owners.

 However, there is a

possibility that USEPA intends to be defining a new type of tank

to specify the scope of the financial responsibility rules as

applied to local government.

 The Board solicited comment on

this, but received no response.

124—340

The text of the rules as amended follows.

 The Board will

wait until after August 26, 1991, to file the adopted amendments,

to allow time for final review and comment by the agencies

involved in the authorization process.

ORDER

35 Ill.

 Adin.

 Code 731 is amended as follows:

TITLE 35:

 ENVIRONMENTAL PROTECTION

SUBTITLE G:

 WASTE DISPOSAL

CHAPTER I:

 POLLUTION CONTROL BOARD

SUBCHAPTER d:

 UNDERGROUND INJECTION CONTROL

AND

UNDERGROUND

STORAGE

TANK

PROGRAMS

PART

731

UNDERGROUND

STORAGE

TANKS

SUBPART

 PROGRAM SCOPE

AND

INTERIM

PROHIBITION

Section

731.101

 Definitions and exemptions

 (Repealed)

731.102

 Interim prohibitions

 (Repealed)

731.103

 Notification Requirements

 (Repealed)

731.110

 Applicability

731.111

 Interim Prohibition for Deferred Systems

731. 112

 Definitions

731.113

 Incorporations by Reference

731.114

 Implementing Agency

SUBPART B:

 UST SYSTEMS:

 DESIGN,

 CONSTRUCTION, INSTALLATION AND NOTIFICATION

Section

731.120

 Performance Standards for New Systems

731.121

 Upgrading of Existing Systems

731.122

 Notification Requirements

SUBPART C:

 GENERAL OPERATING REQUIREMENTS

Section

731.130

 Spill and Overfill Control

731.131

 Operation and Maintenance of Corrosion Protection

731.132

 Compatibility

731.133

 Repairs Allowed

731.134

 Reporting and Recordkeeping

SUBPART D:

 RELEASE DETECTION

Section

731.140

 General Requirements for all Systems

731.141

 Petroleum Systems

731.142

 Hazardous Substance Systems

731.143

 Tanks

731.144

 Piping

731.145

 Recordkeeping

124—341

6

SUBPART E:

 RELEASE REPORTING,

 INVESTIGATION

AND

CONFIRMATION

Section

731.150

 Reporting of Suspected Releases

731.151

 Investigation due to Off-site Impacts

731.152

 Release Investigation and Confirmation

731.153

 Reporting and Cleanup of Spills and Overfills

SUBPART

F:

 RELEASE RESPONSE AND CORRECTIVE ACTION

General

Initial Response

Initial Abatement Measures and Site Check

Initial Site Characterization

Free Product Removal

Investigations for Soil and Groundwater Cleanup

Corrective Action Plan

Public Participation

SUBPART G:

 OUT-OF-SERVICE SYSTEMS AND CLOSURE

Temporary Closure

Permanent Closure and Changes—in—Service

Assessing Site at Closure or Change-in-Service

Previously Closed Systems

Closure Records

SUBPART H:

 FINANCIAL RESPONSIBILITY

Applicability

Compliance Dates

Definitions

Amount and Scope of Required Financial

 Responsibility

Allowable Mechanisms and Combinations

Financial Test of Self—insurance

Guarantee

Insurance or Risk Retention Group Coverage

Surety Bond

Letter of Credit

IJST State Fund

Trust

Fund

Standby Trust Fund

Substitution of Mechanisms

Cancellation or Nonrenewal by Provider

Reporting

Recordkeeping

Drawing on Financial Assurance

Release from Financial Assurance Requirement

Bankruptcy or other Incapacity

Replenishment

Incorporation by reference

 (Repealed)

Section

731.160

731.161

731.162

731. 163

731.

164

731.

165

731.

166

731.167

Section

731.170

731.171

731. 172

731.173

731.

174

Section

731.190

731.191

731. 192

731.

193

731.

194

731.195

731.

196

731.

197

731.

198

731.199

731.200

731. 202

731. 203

731. 204

731.205

731.206

731.207

731.208

731.209

731.210

731.211

731.900

124—342

731.901

 Compliance Date

 (Repealed)

Appendix A

 Notification Form

AUTHORITY:

 Implementing and authorized by Ill. Rev.

 Stat.

 1989,

ch.

 111 1/2,

 pars.

 1022.4,

 1022.13 and 1027 (Sections 22.4(d),

22.13(d) and 27 of the Environmental Protection Act).

SOURCE:

 Adopted in R86-1 at 10

 Ill. Reg.

 14175, effective August

12,

 1986; amended in R86-28 at 11 Ill. Reg.

 6220, effective March

24,

 1987;

 amended in R88—27 at 13 Ill. Reg.

 9519,

 effective June

12,

 1989;

 amended in R89—4 at 13 Ill. Reg.

 15010, effective

September 12,

 1989;.

 amended in R89—10 at

14

 Ill. Reg.

 5797,

effective April 10,

 1990;

 amended in R89—19 at 14

 Ill. Reg.

9454,

 effective June 4,

 1990; amended in R90—3 at 14

 Ill. Reg.

11964,

 effective July 10,

 1990;

 amended in R90—12 at 15

 Ill.

Reg.

 6527, effective April 22,

 1991;

 amended in R91—2 at 15 Ill.

Reg.

 effective

NOTE:

 Capitalization denotes statutory language.

SUBPART A:

 PROGRAM SCOPE

AND

INTERIM

PROHIBITION

Section 731.113

 Incorporations by Reference

a)

 The following publications are incorporated by

reference:

ACT.

 Available from the Association for Composite

Tanks,

 108 N.

 State St., Suite 720,

 Chicago, IL

60602,

(800)

368—2105:

ACT-100/88,

 “Specification for the

Fabrication of

FRP

Clad/Composite Underground

Storage Tanks’t, revised March 16,

1988

ANSI.

 Available from the American National

Standards

Institute,

 1430 Broadway, New York, New

York

10018,

(212)

354—3300:

See ASME.

API.

 Available from the American Petroleum

Institute,

 1220 L Street, N.W., Washington,

 D.C.

20005,

 (202)

 682—8000:

API Recommended Practice 1604,

 “Removal and

Disposal of Used Underground Petroleum

Storage Tanks”, Second Edition,

 December,

1987

124—343

API Recommended Practice 1615,

 “Installation

of Underground Petroleum Storage Systems”,

Fourth Edition, November, 1987

API Recommended Practice 1621,

 “Bulk Liquid

Stock Control at Retail Outlets”, Fourth

Edition,

December,

1987

API Recommended Practice 1626,

 “Storing and

 Handling Ethanol and Gasoline—Ethanol Blends

at Distribution Terminals and Service

Stations”,

 First Edition, April,

1985

API

Recommended

 Practice 1627,

 “Storage and

Handling of Gasoline-Methanol/Cosolvent

Blends at Distribution Terminals and Service

Stations”,

First

Edition,

August,

1986

API Recommended Practice 1631,

 “Interior

Lining of Underground Storage Tanks”, Second

Edition, December,

1987

API Recommended Practice 1632,

 “Cathodic

Protection of Underground Petroleum Storage

Tanks and Piping Systems”, Second Edition,

December,

1987

API Publication 2015,

 “Cleaning Petroleum

Storage Tanks”, Third Edition, September,

1985

API Publication 2200,

 “Repairing Crude Oil,

Liquified Petroleum Gas, and Product

Pipelines”,

 Second Edition, April,

1983

ASNE.

 Available from the American Society of

Mechanical

Engineers,

345

East

 47th Street, New

York,

10017,

(212)

705—7722:

“Chemical Plant and Petroleum Refinery

Piping”, ASNE/ANSI B31.3

—

 1987, as

supplemented by B3l.3a

 1988 and B31.3b

—

1988.

 Also available from ANSI.

“Liquid Transportation Systems for

Hydrocarbons, Liquid Petroleum Gas, Anhydrous

Ammonia, and Alcohols”, ASME/ANSI B31.4

—

1986, as supplemented by B31.4a

—

 1987.

 Also

available from ANSI.

4—344

ASTM.

Available

from

American

 Society for Testing

and Materials,

 1916 Race Street, Philadelphia, PA

19103,

(215)

299—5400:

ASTM

D4021-86,

“Standard

Specification

for

Glass-Fiber—Reinforced

Polyester

Underground

Petroleum

Storage

Tanks”,

approved

July

25,

1986.

NACE.

 Available from the National Association of

Corrosion Engineers,

 1400 South Creek Dr.,

Houston,

 77084,

 (713)

 492—0535:

NACE

Standard

Recommended

Practice

RP0169-

83,

“Control

External

Corrosion

Underground

Submerged

Metallic

Piping

Systems”,

Revised

January,

1983

NACE

Standard

Recommended

Practice

 RP0285-

85, “Control of External Corrosion on

Metallic Buried, Partially Buried, or

Submerged

Liquid

 Storage Systems”, Approved

March,

1985

NFPA.

 Available from the National Fire Protection

Association, Batterymarch Park,

 Boston, MA

 02269,

(617)

770—3000

(800)

344—3555:

NFPA

30,

 “Flammable and Combustible Liquids

Code”,

issued

July

17,

1987.

Also

available

from

ANSI.

NFPA

 385,

 “Tank Vehicles for Flammable and

Combustible

Liquids”,

issued

December

1984.

Also

available

from

ANSI.

NIOSH.

Available

from

the

National

Institute

for

Occupational

Safety

 and Health, Publications

Office,

4676

Columbia

Parkway,

 Cincinnati, OH

45226

(513)

533—8287:

NIOSH Publication No. 80-106,

 “Criteria for a

Recommended

Standard

...Working

Confined

Spaces”,

December,

1979

PEI.

 Petroleum Equipment Institute,

Box

2380,

Tulsa, OK

74101

 918/ 743—9941.

PEI/RP100-87,

“Recommended

Practices

for

Installation

Underground

Liquid

Storage

Systems”

1987

 Edition

124—345

10

STI.

 Available from the Steel Tank Institute, 728

Anthony Trail, Northbrook,

IL

 60062,

 (312)

 498—

1980:

STI—P3, “Specification and Manual for

External Corrosion Protection of Underground

Steel Storage Tanks”, effective May 1,

 1987.

STI, “Standard for Dual Wall Underground

Steel Storage Tanks”

 (1986).

UL.

 Underwriters Laboratories,

 Inc., Publications

Stock,

333

Pfingsten

Road,

Northbrook,

60062-

2096

312/

272—8800,

extension

2612

2622:

—-

1985,

“Standard

for

Steel

Underground

Tanks

for

Flammable

and

Combustible

Liquids”,

Eighth

Edition,

April

15,

1986.

Also

available

 from ANSI.

567

 1983,

 “Standard for Pipe Connectors

for

Flammable

and

 Combustible Liquids and LP-

Gas”,

Fifth

Edition,

March

12,

1984,

revised

September

30,

1985.

Also

available

from

ANSI.

1316,

 “Standard for Glass-Fiber-Reinforced

Plastic

Underground

Storage

Tanks

for

Petroleum

Products”,

First

Edition,

July

1983,

revised

April

29,

1986

 and March 3,

1987

UL Canada.

 Underwriters’ Laboratories of Canada,

7 Crouse Rd., Scarborough, Ontario

 M1R 3A9

CANADA,

 416/ 757—3611.

UL Canada Standard CAN4—S603-M85,

 “Standard

for Steel Underground Tanks for Flammable and

Combustible

Liquids”,

First

Edition,

June,

1985.

UL Canada

Standard

CAN4-S603.l-M85,

“Standard

for Galvanic Corrosion Protection Systems for

Steel Underground Tanks for Flammable and

Combustible Liquids”, First Edition, June,

1985.

UL

Canada Standard CAN4-S615—M83, “Standard

for

Reinforced

Plastic

 Underground Tanks for

Petroleum

Products”,

First

Edition,

February,

1983.

12 4—346

11

UL Canada Standard CAN4-S631—M84,

 “Standard

for Isolating Bushings for Steel Underground

Tanks

Protected

with

Coatings

and

Galvanic

Systems”,

 First Edition,May,

 1984.

UL Canada Standard CAN4-S633—M84, “Flexible

Underground Hose Connectors for Flammable and

Combustible Liquids”, First Edition, June,

1984.

UL Canada Subject C1O7C—M1984, “Guide for

Glass

Fibre

Reinforced

Plastic

Pipe

and

Fittings for Flammable Liquids”, First

Edition, June,

 1984.

b)

 CFR (Code of Federal Regulations).

 Available from the

Superintendent

Documents,

 U.S. Government Printing

Office,

Washington,

D.C.

20401,

(202)

783—3238:

10 CFR

50,

Appendix

(

1080

1990)

CFR

280.3

(1987)

(repealed

September

23,

1988)

CFR

302.4,

302.5

and

302.6

(—1900

1990)

40 CFR 355.40

 (-1908—1990)

c)

 This Section incorporates no later editions or

amendments.

(Source:

 Amended at 15

 Ill.

 Reg.

 effective

SUBPART H: FINANCIAL RESPONSIBILITY

Section 731.191

 Compliance Dates

Owners of petroleum underground storage tanks are required to

comply with the requirements of this Subpart by the following

dates:

a)

 All petroleum marketing firms owning 1,000 or more USTs

and all other UST owners that report a tangible net

worth of $20 million or more to the U.S. Securities and

Exchange Commission

 (SEC), Dun and Bradstreet, the

Energy Information Administration or the Rural

Electrification

Administration:

January

24,

1989,

except

that

compliance

with

 Section 730.194(b)

required

by:

July

24,

1989.

All

petroleum

marketing

firms

owning

 100 through 999

USTs:

October

26,

1989.

124—34 7

c)

 All petroleum marketing firms owning 13

through

USTs

at more than one facility:

 April 26,

 1991.

d)

 All petroleum UST owners not described in subsections

(a),

(b)

or

 (c), ~

 units of local

government:

 October 26,

 -1900 1991.

~j

 All units of local qovernment:

 one year after the date

of adoi,tion

the

Board

 of additional mechanisms for

use

units

local

government

comply

with

financial

responsibility

requirements

 for petroleum

USTs.

(Source:

 Amended at 15 Ill. Reg.

 effective

)

IT IS SO ORDERED.

I, Dorothy

 M. Gunn,

 Clerk of the Illinois Pollution Control

Board, hereby certify that the

boy

 Opinion and Order was

adopted on the

 day of

_____________,

 1991, by a vote of

____

,~7J

1,L~7

t~.

~Dorothy

q~in,

Clerk

Illinois

Pol’,Xution

Control

Board

124—348