ILLINOIS

POLLUTION

CONTROL

BOARD

February

9,

1984

IN THE MATTER OF:

)

)

ILLINOIS CONTINGENCY PLAN

)

R84-5

)

ORDER OF

THE

BOARD

(by

7.

Anderson):

P.A. 83—0938, effective

flecember

12,

1983, adds the

following to the Environmental Protection Act;

Sec.

22.1

(a).

The Board shall adopt within 180 days

regulations

or

amendments

thereto

promulgated

by

the

Adninistrator of the United States Environmental Protection

Agency

to

implement

Section

105

of the

Comprehensive

Environmental

Response,

Compensation,

and

Liability

Act

of

1980

(P.L.

96-510), as amended.

The provisions and

requirements of Title

VII

of

this

Act

shall

not

apply

to

rules adopted under this subsection.

Section 5 of the

Illinois Administrative Procedure

Act relating to the

procedures

for

rulemaking

shall

not

apply

to

rules

adopted

under

this

subsection.

(b)

The

Board

may

adopt

regulations

relating

to

a

state

contingency

plan

which

are

not

identical

in

substance

to

federal

regulations

promulgated

by

the

Administrator

of

the

United

States

Environmental

Protection

Agency

to

implement section 105 of the comprehensive Environmental

Response Compensation and Liability Act of 1980 (P.L.

96-510), as amended.

Regulation adopted in accordance with

the provisions

and

requirements

of

Title

VII

of

this

Act

and

the procedures for rulemaking in Section 5

of

the

Illinois

Administrative Procedure Act.

(c)

Nothing in this Section shall limit the authority

of

the

Agency

to

enforce

or

implement

any

provision

of

this

Act,

including but not limited to Section 4

or

22.2

of

this

Act, prior to the

adoption

of

regulations

by

the

Board

under

this

Section.”

Pursuant to subsection

(a) of this

new

section, the Board is

in

the

process

of

preparing

a

proposal

for

this

rulemaking

and

anticipates

that

the

following

tentative

schedule

and

procedures

will

be

utilized:

---

February

9

-

Establish Docket No.

February 22

Submit

draft

proposal

for Board discussion

March

8

-

Draft Proposal approved by Board; set inquiry

hearing

Late

March

—

Hearings

in

Springfield

and

Chicago

Late April

Revised Board Proposal

Mid-May

-

Comment Period Ends

May

31

*

Board Adoption

June

9

-

Statutory Deadline

The Board hereby establishes

a docket for

the promulgation

of regulations which are “identical

in

substance” to

the

“National Oil and Hazard Substances Pollution

Contingency

Plan”

(40 CFR 300,

as

amended

July

16,

1982.)

IT IS SO ORDERED~

I,

Christan L.

Moffett, Clerk of the

Illinois

Pollution

Control

Board,

hereby

certify

that

the above

Opinion and Order

was

adopted

on

the

-day

~

1984

by

a

vote

of~-4

Christan

L.

Moffett,

Cle

Illinois

Pollution

Control

Board

56-208