Environmental Progress - Summer/Fall 2002

Environmental Progress : Summer/Fall 2002

Governor Signs Environmental Bills

VIM tests, health related issues, brownfields and LUST came before legislature.

During the summer, Gov. George H. Ryan signed legislation passed by the Illinois General Assembly affecting vehicle emission testing, leaking underground storage tank and brownfields site cleanups, and contamination of water wells.

House Bill 5255 (Public Act 92-682) authorizes a phase-in of on-board (computer) diagnostic exhaust emission testing for 1996 and newer vehicles subject to vehicle emission testing requirements in the Chicago and Metro East areas. Through December 2003, those vehicles would be required to undergo the OBD emissions test, but owners are offered two additional options if they fail. The vehicle owner could choose to be tested a second time using the IM-240 dynamometer or "treadmill" test or have the vehicle repaired so it can pass a second OBDII test. Starting January 2004, all 1996 and newer vehicles equipped with OBDII equipment would be required to undergo only that pass/fail test.

Another change to vehicle emission testing impacting the procedures for damage claims is contained in Senate Bill 1907 (PublicAct 92-821). It requires the private contractor that operates the vehicle testing facilities to notify Illinois EPA of each damage claim that is filed and the vehicle owner may request that the Agency review the contractor's proposed resolution of the claim. It also gives the vehicle owner 30 days to submit information from an automotive repair shop or claim evaluation center to the contractor, who would then have 30 days to propose a resolution. If the vehicle owner wants the Illinois EPA to review the proposed resolution, an Agency determination that it was not complete and accurate could be submitted by the vehicle owner to binding arbitration by the Better Business Bureau or in a circuit court action.

The changes were supported by Illinois EPA to assist vehicle owners in the damages claims process, although such claims have been relatively rare, accounting for less than seven out of every 10,000 vehicles tested. The transition to OBD testing is expected to significantly reduce those claims.

New LUST cleanup criteria should reduce costs

Revised procedures for addressing petroleum leaks from underground storage tanks are contained in House Bill 4471 (Public Act 92-554). The legislation requires the Illinois EPA's Tiered Approach to Corrective Action (TACO) cleanup criteria to be used for future site investigations and classification. This risk-based approach used in the Agency's Site Remediation Program is expected to reduce cleanup costs by an average of $25,000 per tank. It also authorizes Illinois EPA to require that tank owners evaluate current treatment systems that do not appear to be meeting their remediation objectives. The legislation increases from $2 million to $3 million the amount that tank owners or operators of 101 or more tanks could be reimbursed in a given year from the state fund, and increases the maximum annual reimbursement from $1 million to $2 million for owners of less than 101 tanks.

Brownfields cleanup grants

The Brownfields Redevelopment Fund, administered by Illinois EPA, could provide grants of up to $240,000 per project for carrying out site cleanups under Senate Bill 1803 (Public Act 92-715). Previously the grants were only available for site investigation and cleanup plans. The legislation increases the repayment period under the Brownfields Redevelopment Loan Program from five years to 15 years.

Private well contamination notification

Senate Bill 2072 (Public Act 92-652) requires the Illinois EPA to notify the Illinois Department of Public Health (IDPH) of the discovery of any volatile organic compound in excess of the Illinois Pollution Control Board's Groundwater Quality Standards or the Safe Drinking Water Act maximum contaminant level. IDPH will then be required to notify the public within 60 days that private, semi-private or non-community public water systems need to be tested for potential contamination. The legislation also provides for Illinois EPA notification to the affected local government in which the contaminated groundwater has been detected. The new law essentially codifies procedures already implemented by Illinois EPA.