ILLINOIS POLLUTION CONTROL BOARD
    October
    10,
    1991
    WILLIAMSON ADHESIVES,
    INC.,
    )
    Petitioner,
    )
    PCB 91-112
    )
    (UST Fund Reimbursement)
    v.
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    Respondent.
    ORDER OF THE BOARD
    (N.
    Nardulli):
    This matter conies before the Board on the September
    18,
    1991
    Motion for Reconsideration filed by Williamson Adhesives,
    Inc.
    The Agency filed
    its response on September 27,
    1991.
    Williamson Adhesives seeks Board reconsideration of our
    August 22,
    1991 decision in which we denied reimbursement under
    Section 22.18b of the Act,
    Ill.
    Rev.
    Stat.
    1989 ch.
    111½,
    par.
    1022.18b,
    for the costs of corrective action.
    We determined that
    toluene was not “petroleum” and was a “hazardous substance,” so
    reimbursement was not possible.
    We determined that hexane,
    although “petroleum,” was also a Section 3.14 “hazardous
    substance,”
    so reimbursement was not possible.
    The Board granted
    summary judgment
    in favor of an Agency motion.
    The upshot of Williamson Adhesives’
    argument is that the
    Board erred in determining that Section 22.l8b reimbursement was
    not possible for corrective action for hexane because hexane is a
    hazardous substance.
    Williamson Adhesives argues that genuine
    issues of material fact remain.
    It asserts that although hexane
    was listed by Congress
    in Section 112(a)
    of the Clean Air Act,
    42
    U.S.C.
    §
    7412(a),
    as a hazardous air pollutant,
    USEPA did not
    similarly list it at 40 CFR 61.01 pursuant to Section
    112(b)
    of
    that statute.
    To further persuade the Board, Williamson
    Adhesives avers that the Agency has specifically listed hexane as
    a material for which reimbursement may be possible.
    The Agency basically rests on the arguments it raised by way
    of
    it motion for summary judgment.
    The Agency generally supports
    the Board’s August 22, 1991 Order.
    The Board is not persuaded to do anything more than give
    effect to the plain language used by the General Assembly
    in
    Section 22.l8b.
    “Hazardous substance”
    is defined by Section
    3.14.
    That provision does not stipulate listing by Congress at
    Section 112(a)
    or by USEPA pursuant to Section 112(b).
    Williamson Adhesives presents nothing that was not earlier before
    the Board and considered
    in rendering summary judgment in the
    August 22,
    1991 Order.
    126—481
    2
    For the foregoing reasons, the Board hereby denies
    reconsideration.
    Section 41 of the Environmental Protection Act,
    Ill. Rev.
    Stat.
    1989 ch.
    111½, 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 N. Gunn,
    Clerk of the Illinois Pollution Control
    Board, do hereby certify t)3a~theabove Order was adopted on the
    /O~Z-~
    day of
    ___________________________,
    1991,
    by a vote of
    .utJon Control Board
    Doro
    Illinois P0
    126—482

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