Public Act 096-0908 Fact Sheet 4

All Petroleum UST Releases Subject to Title XVI and Part 734

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 217-524-3300 or toll-free 888/299-9533.

This fact sheet is for general information only and is not intended to replace, interpret, or modify laws, rules, or regulations.

August 2010