Fact Sheet #4
All Petroleum UST Releases Subject to Title XVI and Part 734
Leaking Underground Storage Tank Program
As a result of Senate Bill 3320/Public Act 096-0908, which, in part, rolled all petroleum UST
releases into Title XVI of the Environmental Protection Act, are there any owners and operators
of UST systems that are subject to 35 Illinois Administrative Code 731 regulations?
Yes, but only the owners and operators of hazardous substance UST systems. Owners and operators
of all petroleum UST systems must comply with the requirements of Title XVI of the Environmental
Protection Act and 35 Illinois Administrative Code 734.
Are there any owners and operators of UST systems that are subject to 35 Illinois Administrative Code 732 regulations?
No, the requirements affiliated with Part 732, including site classification, are not included
in Title XVI of the Act. Instead, owners and operators of all petroleum UST systems are subject
to Part 734, and, as noted above, owners and operators of hazardous substance UST systems are
subject to Part 731. Part 732 no longer exists (except as it pertains to the two specific
circumstances covered by the next question/answer).
Are there exceptions that apply to corrective action activities that have already been conducted
under Part 731 or Part 732 requirements?
Yes, there are two exceptions: (1) costs incurred prior to June 8, 2010, shall be payable
from the UST Fund in the same manner as allowed under the law in effect at the time the
costs were incurred, and (2) releases for which corrective action was completed prior to
June 8, 2010, shall be eligible for an NFR Letter in the same manner as allowed under the
law in effect at the time the corrective action was completed.
If a corrective action plan was approved under Part 731 but work has not yet been performed,
must the owner or operator come in (now under Part 734) with a budget for the work not yet completed?
Yes, for work not completed prior to June 8, 2010, a budget must be approved prior to receiving payment
from the UST Fund for the associated costs. Part 734 forms must be used.
Who should I contact if I have questions?
You may contact the project manager on call in the Leaking UST Section by dialing 217/782-6762
or toll-free 888/299-9533.
August 2010
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