BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
1
1
PROPOSED AMENDMENTS TO THE
)
R 07-17
BOARD'S PROCEDURAL RULES
AND
1
(Rulemaking-Procedural-Land)
UNDERGROUND STORAGE TANK
)
REGULATIONS TO REFLECT P.A. 94-0274,
)
P.A. 94-0276, AND P.A. 94-0824 (35 ILL.
)
ADM.
CODE 101.202,732.103,732.702,
1
734.1 15,
AND
734.710
)
NOTICE
TO:
Clerk
Illinois Pollution Control Board
James
R. Thompson Center
100 W. Randolph Street, Suite 11-500
Chicago, Illinois 60601
SEE ATTACHED SERVICE LIST
PLEASE TAKE NOTICE that I have filed with the Office of the Pollution
Control Board the COMMENTS OF THE ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY on behalf of the Illinois Environmental Protection Agency, a copy of which is
herewith served upon you.
Date: May 14, 2007
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
By:
/Ly
+&,
.
~~ll~omin~er
Assistant Counsel
Division of Legal Counsel
1021 North Grand Avenue East
P.O. Box 19276
Spring field, IL 62794-9276
21
71782-5544
THIS FILING IS SUBMITTED ON
RECYCLEDPAPER
Electronic Filing, Received, Clerk's Office, May 14, 2007
* * * * * * PC #1 * * * * * *
IN THE MATTER OF:
)
1
PROPOSED AMENDMENTS TO THE
)
R07-17
BOARD'S PROCEDURAL RULES AND
)
(Rulemaking
-
Procedural, Land)
UNDERGROUND STORAGE TANK
1
REGULATIONS TO REFLECT P.A. 94-0274,
)
P.A. 94-0276, AND P.A. 94-0824 (35 ILL.
)
ADM. CODE 101.202, 732,103,732.702,
1
734.1 15, AND 734.710)
)
COMMENTS OF THE ILLINOIS ENVlRONMENTAL PROTECTION AGENCY
NOW COMES the Illinois Environmental Protection Agency ("Illinois EPA) and
submits the following comments on the amendments proposed in the Board's April 19,2007,
Opinion
and Order. The Illinois EPA does not plan to submit testimony in this rulemaking.
However, the Illinois EPA would be happy to answer any questions the Board may have about
these
comments at the June 7,2007, hearing in Springfield.
The first comment concerns the proposed amendments to 35
111. Adm. Code 732.702(d)
and 734.710(d) ("Section 732.702(d)" and "Section 734.710(d)"). The amendments are
proposed pursuant to P.A. 94-0276, which made the following change to Section
57.10(c) of the
Environmental Protection Act:
(c)
The Agency's issuance of a no further remediation letter shall
signify, based on the certification of the Licensed Professional Engineer,
that:
(1)
all statutory and regulatory corrective action requirements
applicable to the occurrence have been complied with;
(2)
all corrective action
concenjng the remediation of the
occurrence has been completed; and
Electronic Filing, Received, Clerk's Office, May 14, 2007
* * * * * * PC #1 * * * * * *
(3)
no further corrective action concerning the occurrence is
necessary for the protection of human health, safety and the
environment.
This subsection
(c) does not apply to off-site contamination related to the
occurrence that has not been remediated due to denial of access to the
off-
site propertv.
The statutory change pertains to the effect of a no further remediation letter upon off-site
property that has not been remediated due to a denial of access. The proposed amendments to
Sections
732.702(d) and 734.710(d), however, address the required contents of a no further
remediation letter, not the effect of the letter. To incorporate the statutory language in a manner
that reflects the effect of a no further remediation letter upon unremediated off-site property, the
Illinois EPA suggests amending Sections
732.702(d) and 734.710(d) similar to the following:
d)
.
A statement that the Agency's issuance of the No Further
Remediation Letter signifies that, except for
off-site contamination
related to the occurrence that has not been remediated due to
denial of access to the off-site property:
1)
All statutory and regulatory corrective action requirements
applicable to the occurrence have been complied with;
2)
All corrective action concerning the remediation of the
occurrence has been completed; and
3)
No further corrective action concerning the occurrence is
necessary for the protection of human health, safety and the
environment
141
5 ILCS 5/57.10(c)]
Electronic Filing, Received, Clerk's Office, May 14, 2007
* * * * * * PC #1 * * * * * *
In addition to the above, the proposed revision to 35
Ill.
Adm. Code 101.202 contains a
typographical error. On page 14 of the Board's April 17,2007, Opinion and Order,
the third line
of the language being added should begin with
"is
managed'
instead of
"its
managed."
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
ex,&
Q-
-
Kyle ~ornig~er
Assistant Counsel
DATED:
c-
i
'/ -
07
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Electronic Filing, Received, Clerk's Office, May 14, 2007
* * * * * * PC #1 * * * * * *
STATE OF ILLINOIS
)
)
SS
COUNTY OF
SANGAMON
1
1
CERTIFlCATE OF SERVICE
I, the undersigned, an attorney, state that I have served the attached Comments of
the Illinois Environmental Protection Agency upon the following persons
by mailing it
via First-Class Mail from Springfield, Illinois, with sufficient postage affixed:
Clerk
Illinois Pollution Control Board
James R. Thompson Center
100
W. Randolph Street, Suite1 1-500
Chicago, Illinois 60601
SEE ATTACHED SERVICE LIST
Dated: May 14, 2007
102 1 North Grand Avenue East
P.O. Box 19276
Spring field, IL 62794-9276
21 71782-5544
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
e
By:
6'.-
Kyle dominger
Assistant Counsel
Division of Legal Counsel
THIS FILING IS SUBMITTED ON
RECYCLED PAPER
Electronic Filing, Received, Clerk's Office, May 14, 2007
* * * * * * PC #1 * * * * * *
SERVICE LIST
R 07-17
Office of the Attorney General
Environmental Bureau
Thomas Davis
500 South Second Street
Springfield, Illinois 62706
Joint Committee on Administrative Rules
Deborah
Connelly
Wm. G. Stratton Office Bldg, Room 700
Springfield,
IL 62706-4700
Electronic Filing, Received, Clerk's Office, May 14, 2007
* * * * * * PC #1 * * * * * *