ILLINOIS POLLUTION CONTROL BOARD
    February 28,
    1991
    IN THE MATTER OF:
    )
    )
    UST UPDATE
    )
    R90-12
    USEPA REGULATIONS
    )
    (Identical in
    (1/1/90 through 6/30/90)
    )
    Substance Rulemaking)
    ADOPTED RULES.
    FINAL ORDER.
    OPINION OF THE BOARD
    (by J. Anderson):
    Pursuant to Section 22.4(d)
    of the Environmental Protection
    Act (Act), the Board is amending the underground storage tank (UST)
    regulations
    in 35
    Ill.
    Adm. Code 731.
    Section
    22.4
    of
    the
    Act
    governs
    adoption
    of
    regulations
    establishing
    the
    RCRA
    program
    in
    Illinois,
    including
    the
    regulations
    of UST’s 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
    RCRA/UST rules are found at 40 CFR 280.
    This rulemaking updates
    Illinois’ UST rules to correspond with the followin~USEPA actions,
    during the period January
    1 through June 30,
    1990:
    55 Fed. Reg.
    17753
    April
    27,
    1990
    55 Fed.
    Reg.
    18566
    May 2,
    1990
    55 Fed.
    Reg.
    23738
    June 12,
    1990
    PUBLIC COMMENT
    The Board adopted a Proposed Opinion and Order on November 8,
    1990.
    The proposal appeared on December 21,
    1990, at 14 Ill. Reg.
    20162. The Board has received the following public comment:
    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.
    The Board postponed action pending possible revisions by
    the legislature
    to PA.
    86-1050.
    During the pendency
    of
    this
    proposal,
    P.A.
    86—1484
    corrected
    a
    portion
    of
    P.A.
    86-1050.
    Pending
    possible
    further
    revisions,
    the
    Board
    will
    delay
    considering whether changes are needed to the regulations until
    R9l—l.
    119—171
    2
    PC
    1
    Impact Analysis from the Small Business Assistance
    Bureau, Department of Commerce and Community Affairs
    (DCCA), January 30,
    1991
    PC 2
    Administrative Code Division, February 4,
    1991.
    PC
    3
    JCAR,
    December 21,
    1990
    DCCA found that there would be no impact on small business
    from adoption of these federally mandated rules.
    The Code Division
    found
    that
    the
    proposal
    met
    codification
    requirements.
    JCAR
    indicated that it had no questions.
    The Board
    construes
    the lack
    of
    comment
    from the
    Agency,
    Office of the State Fire Marshal and United States Environmental
    Protection Agency, as meaning that these agencies find these rules
    acceptable.
    HISTORY OF UST RULES
    The UST rules are contained in 35 Ill. Adm. Code 731.
    They
    were adopted and amended as follows:
    R86—l7
    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—l9
    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
    This Docket
    (1/1/90
    —
    6/30/90)
    R9l-2
    Next UST Docket
    (7/1/90
    —
    12/31/90)
    119—172
    3
    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.
    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 consider recombining the RCRA and UST updates shortly.
    FIRE MARSHAL RULES
    Ill. Rev. Stat. 1989,
    ch.
    127 1/2, par. 156 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.
    Adm. 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
    Ill. Reg.
    14992, effective September 11,
    1989.
    13
    Ill.
    Reg.
    15126, September 22,
    1989
    14
    Ill. Reg.
    63, January
    5,
    1990
    14 Ill.
    Reg.
    5781, April
    20,
    1990
    SECTION-BY-SECTION DISCUSSION
    Section 731.140
    This Section is drawn
    from 40 CFR 280.40, which was amended
    by USEPA on April
    27,
    1990,
    at
    55
    Fed.
    Reg.
    17753,
    and corrected
    119—1
    73
    4
    on June
    12,
    1990,
    at
    55
    Fed.
    Reg.
    23738.
    This
    amendment
    is
    somewhat hard to follow,
    because,
    for codification
    reasons,
    the
    Board
    replaced
    the
    table
    in
    the
    USEPA
    rule
    with
    a
    narrative
    compliance date rule.
    The revised entry is in 35
    Ill.
    Adm. Code
    731.l40(c)(l).
    Tanks
    with pressurized piping were required
    to
    comply with the leak detection requirements by December 22,
    1990.
    The amendment corrects a cross reference, but leaves the compliance
    date alone.
    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.
    18566,
    May
    2,
    1990,
    to
    extend
    the
    compliance date for owners of 13 through 99 USTs to April 26, 1991.
    However,
    the Board takes special note that,
    at
    55 Fed.
    Reg.
    46025,
    October
    31,
    1990,
    USEPA extended to October 26,
    1991,
    the
    compliance date for operators of smaller numbers of USTs,
    and for
    local government.
    We will include this change in R91-2, to be proposed shortly.
    Section 7.2 of the Act does not allow more than
    6 months of federal
    rules to be batched in any single proceeding, and the October 31,
    1990,
    date above is more than six months after the earliest update
    here,
    i.e.,
    April
    27,
    1990.
    This Opinion supports the Order adopted this same day.
    The
    Board will wait 30 days before filing these adopted rules, pending
    post-adoption comments,
    particularly by the agencies involved in
    the authorization process.
    IT IS SO ORDERED.
    I,
    Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Boarç~, hereby ~prtify that the above Opinion was adopted on the
    ~~~day
    of
    ~
    ,
    1991, by a vote of
    ________
    Dorothy N.
    q4cin,
    Clerk’
    Illinois Po~4utionControl Board
    119—174

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