ILLINOIS POLLUTION CONTROL BOARD
February 19, 2009
IN THE MATTER OF:
UST UPDATE, USEPA REGULATIONS
(July 1, 2008 through December 31, 2008)
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R09-17
(Identical-in-Substance Rulemaking -
Land)
Proposed Rule. Dismissal Order.
ORDER OF THE BOARD (by G.T. Girard):
Section 22.4(d) of the Environmental Protection Act (Act) (415 ILCS 5/22.4(d) (2006))
requires the Board to adopt regulations that are “identical in substance” to regulations of the
United States Environmental Protection Agency (USEPA). 415 ILCS 5/7.2 (2006). Specifically,
Section 22.4(d) relates to underground storage tank (UST) regulations promulgated by the
USEPA pursuant to Section 9003 of the federal Resource Conservation and Recovery Act of
1976 (RCRA) (42 U.S.C. §§ 6991b (2005)) to implement Subtitle I of RCRA (42 U.S.C. §§ 6991
et seq
. (2005)), with certain limitations. USEPA has codified its UST regulations at 40 C.F.R.
280 through 282.
The Board reserved this docket for any UST amendments adopted by USEPA between
July 1, 2008 through December 31, 2008. During that time period, USEPA did not amend 40
C.F.R. 280, 281, or 282 in any way that would require Board action. Therefore, no action is
necessary, and the Board dismisses this docket.
IT IS SO ORDERED.
I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board adopted the above order on February 19, 2009, by a vote of 5-0.
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John T. Therriault, Assistant Clerk
Illinois Pollution Control Board