ILLINOIS

POLLUTION CONTROL BOARD

March

5,

1987

IN THE MATTER OF:

RCRA UPDATE,

USEPA REGULATIONS

)

R86—28

(4—1—86 THROUGH 6—30—86)

)

FINAL ORDER.

ADOPTED RULES.

SUPPLEMENTAL ORDER OF THE BOARD

(by J.

Anderson):

On March

4, the United States Environmental Protection

Agency

(USEPA) made

the following post adoption/prefiling comment

(PC

#8)

in this matter:

The deletion of subparagraph

(b)(4)

from section 724.247

(page 106)

and omission of the time frames

set forth

in 40

CFR 265.147

(b)(4)

from section 725.247, does not allow the

State to take enforcement action

for noncompliance with

RCRA’s liability coverage requirements as of the dates set

forth

in the Federal regulations.

Enforcement action could

only be taken

for noncompliance as of the date the rules

become

final.

These provisions,

therefore,

should not be

deleted from the rules.

In

the

interest of expediting

this proceeding,

on

its

own

Motion the Board reconsiders

and amends

its Final

Order of

February 5,

1987 to include the language requested by the

USEPA.

However, the Board,

in its R86—46 RCRA proceeding, will

accept

further public comment concerning

this amendment.

ORDER

The Board’s Order of February

5,

1987

in this matter

is

hereby amended

to reinsert the following subsection:

Section 724.247

(b)

4)

For existing facilities,

the

required liability

coverage

for nonsudden accidental

occurrences must be

demonstrated by the dates listed below.

The

total sales

or revenues of the owner or operator

in all lines of

business,

in the fiscal year proceeding

the effective

date of these regulations, will determine which of the

dates applies.

If the owner

or operator of

a facility

are two different parties,

or

if there

is more than one

owner

or operator,

the sales or revenues of the owner

or

operator

with the largest

sales or

revenues will

76-195

---

—2—

determine

the date by which

the coverage must

be

demonstrated.

The dates are as

follows:

A)

For

an owner

or operator with sales or revenues

totalling $10 million or more, January 15,

1983.

B)

For

an owner

or operator with sales or revenues

greater than $5 million but less than $10 million,

January 15, 1984.

C)

All other owners or operators, January 15,

1985.

IT

IS SO ORDERED.

I, Dorothy

M.

Gunn, Clerk of the Illinois Pollution Control

Board,

hereby certj~y~

that the

above Su plemental Order was

adopted

on the

~

day of ___________________________, 1987

by

a vote of

(~—~

.

Dorothy

M.

Gdnn,

Clerk

Illinois Pollution Control

Board

76.196