ILLINOIS POLLUTION

CONTROL BOARD

February

2,

1989

iN

THE MATTER

OF:

UST UPDATE, USEPA REGULATIONS

)

R88-27

(SEPTEMBER

23,

1988)

PROPOSAL FOR PUBLIC COMMENT

PROPOSED ORDER

OF THE BOARD

(by J.

Anderson):

Pursuant to Section 22.4(e)

of the Environmental Protection Act

(Act),

the Board proposes

to amend the UST underground storage tank regulations.

Section

22.4 of the Act governs adoption of

regulations establishing

the

RCRA program

in Illinois.

Section 22.4(e) provides

for quick

adoption

of

regulations which are “identical

in

substance”

to federal

regulations.

Section 22.4(e) 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 major federal amendments which

appeared at

53 Fed.

Reg.

37082, September 23,

1988.

This Order

is

supported by

a

proposed Opinion

adopted this same day.

The

Board will

receive public

comment

on the

proposal

for a period of

45 days

following publication

in the Illinois Register.

Because

of its length, the

text

of the proposal

will

not be published

in the Environmental Register, or

appear

in the Opinion volumes.

The complete text of the proposed rules

follows.

IT

IS

SO ORDERED

I, Dorothy

M.

Gunn, Clerk

of the Illinois Pollution Control

Board,

hereby

certify that the above Proposed Order was adopted

on

the

~“~‘

day

of

~

,

1989,

by

a

vote of

7—c

(1)

Illinois

Pol

on Control Board