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Fact Sheet
New Law Effective June 24, 2002 (P.A. 92-0554)
Leaking Underground Storage Tank Program
What is this new law?
The new law, entitled
Public Act 92-0554, amends sections of the
Environmental Protection Act (Act) governing the remediation of releases from
petroleum underground storage tank (UST) systems. The new law was signed into
law on June 24, 2002.
How does this new law affect the Leaking Underground Storage Tank Program?
For releases required to be reported to the Illinois Emergency Management
Agency (IEMA) on or after June 24, 2002, the owner or operator of the UST system
is required to conduct tank removal, abandonment and repair, site investigation,
and corrective action in accordance with the new law. Sites cannot be evaluated
using Method One or Method Two for Physical Soil Classification or
Classification by Exposure Pathway Exclusion, and sites cannot be classified as
No Further Action, Low Priority, or High Priority. Instead, site investigation
followed by corrective action, if required, must be performed for purposes of
receiving a No Further Remediation Letter.
Do “early action” provisions still apply?
Yes, the “early action” reporting and response requirements of 35 Illinois
Administrative Code (35 Ill. Adm. Code) Part 732 apply. Releases from UST
systems must be reported to IEMA; immediate
action to prevent further release must be taken; fire,
explosion, and vapor hazards must be identified and
mitigated; 20-day and 45-day activities must be
performed, followed by submittal of the required
reports; and, if applicable, free product removal must
be conducted, followed by submittal of the required
reports.
What does the site investigation involve?
Site investigation involves, at a minimum, the determination of the nature,
concentration, direction of movement, rate of movement, and extent of
contamination, as well as the significant physical features of the site and
surrounding area that may affect contaminant transport and risk to human health
and safety and the environment.
For any site investigation activities, the owner
or operator must submit a site investigation plan to the Illinois Environmental
Protection Agency (Illinois EPA) for approval. If the owner or operator intends
to seek reimbursement of costs from the Underground Storage Tank Fund (Fund), a
site investigation budget should also be submitted.
In many ways, the required
site investigation activities parallel those of the Illinois EPA’s Site
Remediation Program.
What is required after completion of the site investigation?
Within 30 days after the site investigation is completed, the owner or
operator must submit a site investigation completion report to the Illinois EPA
for approval. The report must include, at a minimum, an executive summary, site
history, site-specific sampling methods and results, documentation of all field
activities including quality assurance, documentation regarding the development
of proposed remediation objectives, interpretation of results, and conclusions.
If the site investigation
confirms that levels of
indicator contaminants do not exceed the TACO
(Tiered Approach to Corrective Action Objectives) remediation objectives, within 30 days after
completing the site investigation, the owner or
operator must submit a corrective action completion
report to the Illinois EPA for approval. The corrective action completion
report form with licensed professional engineer certification should be
submitted concurrently with the site investigation completion report..
If levels of any of the indicator contaminants exceed
the TACO remediation objectives approved for the
site, within 30 days after the Illinois EPA approves
the site investigation completion report, the owner or
operator must submit a corrective action plan to the
Illinois EPA for approval.
What must the corrective action plan include?
The corrective action plan must include, at a
minimum, an executive summary; statement of
remediation objectives; remedial technologies
selected; confirmation sampling plan; current and
projected future use of the property; applicable
preventive, engineering, and institutional controls
including long-term reliability, operating and
maintenance plans, and monitoring procedures; and
a schedule for implementation and completion of the
plan.
The corrective action plan must be designed to
mitigate any threat to human health, human safety,
or the environment resulting from the UST system
release. It must describe the selected remedy and
evaluate its ability and effectiveness to achieve the
remediation objectives approved for the site. If the
owner or operator plans to seek reimbursement of
costs from the Fund, a corrective action budget
should also be submitted.
What cleanup levels apply to leaking UST sites
that are subject to the new law?
Cleanup levels (called remediation objectives) for
indicator contaminants, which are based upon the
material stored in the UST, must be determined
using the TACO rules at 35 Ill. Adm. Code Part
742.
What is required to be submitted if the
remediation objectives are met after the
corrective action is completed?
Within 30 days after the corrective action is
completed, the owner or operator must submit a
corrective action completion report to the Illinois EPA
for approval. The report must demonstrate whether
corrective action was completed in accordance with
the approved corrective action plan and whether
compliance with the remediation objectives
approved for the site, as well as any other
requirements of the corrective action plan, has been
achieved.
What must be done if the corrective action plan
is not effective?
If, within four years after approval of the corrective
action plan, compliance with the remediation
objectives has not been met and the owner or
operator has not submitted a corrective action
completion report, the owner or operator must
submit a status report to the Illinois EPA for review. The status report must include a description of the
remediation activities taken to date, the
effectiveness of the method of remediation being
used, the likelihood of meeting the remediation
objectives using the current method of remediation,
and the date that compliance with the remediation
objectives is expected to be achieved.
The Illinois EPA may require submittal of a status
report in less than four years.
If the Illinois EPA determines the corrective action
plan will not achieve compliance with the
remediation objectives within a reasonable time, the
Illinois EPA may require the owner or operator to
submit a revised corrective action plan for approval. If the owner or operator plans to seek
reimbursement of costs from the Fund, a revised
budget should also be submitted.
What other changes made by Public Act 92-0554
should be noted?
The maximum aggregate amount allowed for
reimbursement from the Fund to an owner or
operator for costs of corrective action or
indemnification incurred during a calendar year is
$2,000,000 for fewer than 101 petroleum USTs and
$3,000,000 for 101 or more petroleum USTs.
The maximum amount allowed for reimbursement
from the Fund to an owner or operator for costs of
corrective action is $1,500,000 per occurrence and
for costs of indemnification is $1,500,000 per
occurrence.
For UST system releases required to be reported to
IEMA prior to June 24, 2002, owners or operators may elect to remediate the
release under the new law (Public Act 92-0554) if a written election is
submitted to the Illinois EPA. Owners or operators who do not make such election
must continue to proceed in accordance with the law in effect at the time the
release was reported.
Where can I get more information?
You may contact the project
manager on call in the Leaking UST Section by dialing 217/782-6762.
This fact sheet is for general information only and is not
intended to replace, interpret, or modify laws, rules, or regulations.
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