ILLINCIS POLLUTION CONTROL BOARD
    November
    8, 1990
    IN THE MATTER OF:
    UST UPDATE;
    REPEAL OF STATE FUND
    )
    R90-12
    USEPA REGULATIONS
    )
    (Rulerr.aking)
    (1/1/90
    through 6/30/90)
    PROPOSAL FOP PUBLIC COMMENT
    PROPOSED ORDER OF THE BOARD
    (by J.
    Anderson):
    Pursuant
    to Section 22.4(d)
    of
    the Environmental Protection
    Act
    (Act),
    the Board
    is proposing
    to amend
    the UST underground
    storage
    tank
    regulations
    in
    35
    Ill.
    Adir. Code
    731.
    Section
    22.4
    of the Act governs adoption of regulations
    establishing
    the PCRA/UST prograir
    in Illinois.
    Section
    22.4(d)
    provides for quick adoption
    of regulations which
    are
    “identical
    in substance”
    to federal
    regulations.
    Lection
    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
    riot 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 the following USEPA actions, during
    the period January
    1
    through June
    30,
    1990.
    As
    is detailed
    in
    the accompanying
    Iroposed Opinion,
    the
    Board will receive written public comment on
    the proposal for
    45
    days after
    the date
    of publication of
    the proposal
    in
    the
    Illinois Register.
    The text
    of
    the proposal
    is attached
    to
    this
    Proposed Order.
    IT
    IS
    SO ORDERED.
    I, Dorothy N.
    Gunn,
    Clerk
    of
    the Illinois Pollution Control
    Board, her?by certify
    t at
    the above Proposed Order was adopted
    on the
    ~5’~’
    day
    of
    ~,
    1990,
    by
    a vote
    of
    ‘7—
    O
    111mb
    LOri
    Control Board
    116—151

    —2—
    Section
    731 .101
    731 .102
    731.103
    731 .110
    731 .111
    731 .112
    731 .113
    731.114
    SUBPART
    B:
    Section
    731.130
    731 .131
    731 .132
    731 .133
    731 .134
    Section
    TITLE
    35:
    ENVIRONt~ENTALPROTECTION
    SUBTITLE G:
    WASTE DISPOSAL
    CHAPTER
    I:
    PCLLUTION CONTROL BOARD
    SUBCHAPTER d:
    UNDERGROUND INJECTION CONTROL
    AND UNDERGROUND STORAGE TANK PROGRAMS
    PART 731
    UNDERGROUND STORAGE TANKS
    SUBPART A:
    PROGRAM SCOPE AND INTERIM PROHIBITION
    Definitions and exemptions
    (Repealed)
    Interim prohibitions
    (Repealed)
    Notification Requirements
    (Repealed)
    Applicability
    Interim Prohibition
    for Deferred Systems
    Defin tions
    Incorporations
    by Reference
    Implementing Agency
    US’I SYSTEMS:
    DESIGN, CONSTRUCTION, INSTALLATION AND
    NOTIFICATION
    Performance Standards
    for
    New
    Systems
    Upgrading
    of Existing Systems
    Notification Requirements
    SUBPART
    C:
    GENERAL OPERATING REQUIREMENTS
    Spill
    and Overfill Control
    Operation and Maintenance
    of Corrosion Protection
    Coirpatibil
    ity
    Repairs Allowed
    Reporting and Recordkeeping
    SUBPART D:
    RELEASE DETECTION
    General Requirements
    for all Systems
    Petroleum Systems
    Hazardous Substance Systems
    Tanks
    Piping
    Recordkeeping
    RELEASE REPORTING, INVESTIGATION AND CONFIRMATION
    Reporting of Suspected Releases
    Investigation due to Off—site Impacts
    Release Investigation and Confirmation
    Reporting
    and Cleanup of Spills and Overfills
    SUBPART
    F:
    RELEASE RESPONSE AND CORRECTIVE ACTION
    Section
    731 .120
    731.121
    731 .122
    Section
    731 .140
    731 .141
    731 .142
    731.143
    731.144
    731 .145
    SUBPART
    Section
    731 .150
    731.151
    731.152
    731 .153
    E:
    116—~52

    —3—
    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
    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
    731 .901
    Appendix A
    SUBPART
    H:
    FINANCIAL RESPONEIEILIT~
    Applicability
    Compliance Dates
    Definitions
    Arr.ount
    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
    UST 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)
    Compliance Date
    (Repealed)
    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—l
    at
    10
    Ill.
    Peg.
    14175, effective August
    12, 1986;
    amended
    in R86—28
    at 11
    Ill. Reg. 6220,
    effective March
    24,
    1987;
    amended
    in R68—27 at
    13
    Ill. Peg.
    9519,
    effective June
    12,
    1929;
    arrended
    in P89—4
    at
    13
    Ill. Reg.
    15010, effective
    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
    116—153

    —4—
    September
    12, 1989;
    arrended
    in R89—lO
    at
    14
    Ill. Peg.
    5797,
    effective April 10,
    1990;
    amended
    in P89—19
    at
    14
    Ill.
    Peg.
    9454, effective June
    4, 1990;
    amended
    in P90—3
    at
    14
    Ill.
    Peg.
    11964,
    effective July
    10,
    1990;
    amended
    in P90—12
    at 15
    Ill.
    Peg.
    ,
    effective
    NOTE:
    Capitalization denotes
    statutory language.
    SUBPART
    D:
    RELEASE DETECTION
    Section 731.140
    General Requirements
    for all Systems
    a)
    Owners and operators
    of new anã 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:
    116—154

    1)
    For all pressurized piping
    —~
    ~eee~a~ee
    w~
    ~ee~4e~—as
    defined
    in 731.14l(b)(1)— a~é
    -~42+~3--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, 1969.
    C)
    Installed
    in 1965 through
    1969,
    by December
    22,
    1990.
    D)
    Installed
    in 1970 through
    1974,
    by December
    22, 1991.
    E)
    Installed
    in 1975 through
    1979,
    by December
    22,
    1992.
    F)
    Installed
    in 1980
    through Decerrber
    22,
    1988,
    by December
    22, 1993.
    C-)
    Installed after December
    22, 1986,
    irrrnediately
    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. Peg.
    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 coirpliance with Section 730.194(b)
    is
    required
    by:
    July 24,
    1989.
    116—155

    —6—
    b)
    All petroleum marketing firms owning
    100
    through 99
    UST5:
    October
    26,
    1989.
    c)
    All
    petroleum
    marketing
    firms
    owning
    13
    through
    99 UST5
    at
    more than one facility:
    April
    26, —~99~—l99l.
    d)
    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.
    Peg.
    ,
    effective
    116—156

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