ILLINOIS POLLUTION CONTROL BOARD
    February 28,
    1991
    IN THE MATTER OF:
    )
    )
    UST UPDATE; USEPA REGULATIONS
    )
    R90-12
    (1/1/90 through 6/30/90)
    )
    (Identical
    in Substance
    )
    Rulemaking)
    ADOPTED RULE.
    FINAL ORDER.
    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 Iii.
    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).
    This rulemaking updates
    Illinois’
    UST rules to correspond with USEPA
    actions during the period January
    1 through June 30,
    1990.
    This Order
    is supported by an Opinion adopted this same day.
    The Board
    will allow 30 days for post-adoption comment from the agencies
    involved
    in the
    authorization process before filing the adopted rules with the Secretary of
    State.
    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
    ~
    1991,
    by a vote of
    ~
    .
    f
    ~
    ~.
    Oorothy M. ~nn, Clerk
    Illinois Pollution Control Board
    119—175

    -2-
    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 A:
    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    (Repealed)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    (Repealed)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    (Repealed)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
    0:
    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
    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
    Section
    731.160
    General
    731.161
    Initial Response
    119—176

    —3—
    731.162
    Initial Abatement Measures and Site Check
    731.163
    Initial Site Characterization
    731.164
    Free Product Removal
    731.165
    Investigations
    for Soil and Groundwater Cleanup
    731.166
    Corrective Action Plan
    731.167
    Public Participation
    SUBPART G:
    OUT-OF-SERVICE SYSTEMS AND CLOSURE
    Section
    731.170
    Temporary Closure
    731.171
    Permanent Closure and Changes-in-Service
    731.172
    Assessing Site at Closure or Change—in—Service
    731.173
    Previously Closed Systems
    731.174
    Closure Records
    SUBPART
    H:
    FINANCIAL RESPONSIBILITY
    Section
    731.190
    Applicability
    731.191
    Compliance Dates
    731.192
    Definitions
    731.193
    Amount and Scope of Required Financial Responsibility
    731.194
    Allowable Mechanisms and Combinations
    731.195
    Financial Test of Self—insurance
    731.196
    Guarantee
    731.197
    Insurance or Risk Retention Group Coverage
    731.198
    Surety Bond
    731.199
    Letter of Credit
    731.200
    UST State Fund
    731.202
    Trust Fund
    731.203
    Standby Trust Fund
    731.204
    Substitution of Mechanisms
    731.205
    Cancellation or Nonrenewal
    by Provider
    731.206
    Reporting
    731.207
    Recordkeeping
    731.208
    Drawing
    on Financial Assurance
    731.209
    Release from Financial Assurance Requirement
    731.210
    Bankruptcy or other Incapacity
    731.211
    Replenishment
    731.900
    Incorporation by reference
    (Repealed)
    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—IO at
    14
    111.
    Reg.
    5797, effective April
    10,
    1990;
    amended
    in R89—19
    at
    14
    Ill.
    Reg. 9454,
    effective June
    4,
    1990; amended
    in R9O—3
    at
    14
    Ill. Reg. 11964, effective July
    119—177

    —4-
    10,
    1990;
    amended
    in R9O—12
    at
    15 Ill. Reg.
    effective
    NOTE:
    Capitalization denotes statutory language.
    SUBPART 0:
    RELEASE DETECTION
    Section 731.140
    General Requirements for all Systems
    a)
    Owners and operators of new and existing UST systems shall
    provide
    a
    method, or combination of methods, of release detection that:
    1)
    Can detect
    a release from any portion of the tank and the
    connected underground piping that routinely contains product:
    2)
    Is
    installed,
    calibrated, operated and maintained
    in accordance
    with the manufacturer’s instructions, including routine
    maintenance and service checks for operability or running
    condition;
    and
    3)
    Meets the performance requirements in Sections 731.143 or
    731.144, with any performance claims and their manner of
    determination described
    in writing
    by the equipment manufacturer
    or installer.
    In addition, methods used after December 22,
    1990, except for methods permanently installed prior to that
    date, must be capable of detecting the leak rate or quantity
    specified for that method
    in Section 731.143(b),
    (c)
    and
    (d) or
    Section 731.144(a)
    and
    (b),
    with a probability of detection of
    0.95 and a probability of false alarm of 0.05.
    b)
    When a release detection method operated
    in accordance with the
    performance standards in Section 731.143 and 731.144 indicates a
    release may have occurred, owners and operators shall
    notify ESDA in
    accordance with Subpart
    E.
    c)
    Owners and operators of UST systems shall comply with the release
    detection requirements of this Subpart
    in accordance with the
    following schedule:
    1)
    For all pressurized piping -4n ac
    r~aneew4th -as defined
    in
    Section 731.141(b)(1)— an~~h142~b~4-,
    by December 22,
    1990.
    2)
    For tanks
    and suction piping
    in accordance with Section
    731.141(a), 731.141(b)(2) and 731.142 for tanks:
    A)
    With an unknown installation date,
    by December 22,
    1989.
    B)
    Installed before 1965,
    by December 22,
    1989.
    C)
    Installed
    in 1965 through
    1969, by December 22,
    1990.
    0)
    Installed
    in 1970 through
    1974, by December 22,
    1991.
    E)
    Installed
    in 1975 through
    1979, by December 22,
    1992.
    119—178

    —5—
    F)
    Installed in 1980 through December 22,
    1988,
    by December
    22,
    1993.
    G)
    Installed after December 22,
    1988,
    immediately upon
    installation.
    d)
    Any existing UST system that cannot apply
    a method of release
    detection that complies with the requirements of this Subpart must
    complete the closure procedures
    in Subpart G by the date on which
    release detection
    is required for that UST system under subsection
    (c).
    (Source:
    Amended at 15 Ill. Reg.
    ,
    effective
    )
    SUBPART H:
    FINANCIAL RESPONSIBILITV
    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)
    is required
    by:
    July 24,
    1989.
    b)
    All petroleum marketing firms owning
    100 through 999 USTs:
    October
    26,
    1989.
    c)
    All petroleum marketing firms
    owning
    13 through 99 USTs at more than
    one facility:
    April
    26, -499Q—1991.
    ci)
    All petroleum UST owners not described in subsections (a),
    (b) or
    (c), including units of local government:
    October 26,
    1990.
    (Source:
    Amended at 15
    Ill.
    Reg.
    ,
    effective
    )
    119—179

    Back to top