Timeline of 732, 734 and 742 Changes Since 7/1/97

Effective DateAction
7/1/9735 Ill. Adm. Code 742 (TACO) regulations adopted pursuant to Public Act 91-0909.
7/1/97Early action extensions required for activities performed beyond 45 days for payment purposes. 35 Ill. Adm. Code 732.202(g) (added in In the Matter of: Regulation of Petroleum Leaking Underground Storage Tanks (35 Ill. Adm. Code 732). R97-10 (Ill. Pollution Control Bd. March 6, 1997)).
6/4/98Soil analysis for VOCs must use Method 5035. (Update III to SW-846 incorporated by reference).
1/6/01Environmental Land Use Controls established by regulation. 35 Ill. Adm. Code 742.1010 (added in In the Matter of: Proposed Amendments to Tiered Approach to Corrective Action Objectives (TACO) (35 Ill. Adm. Code 742). R00-19(A) (Ill. Pollution Control Bd. December 21, 2000)).
1/6/01Arsenic background objectives increased. 35 Ill. Adm. Code 742.APPENDIX A, TABLE G (amended in In the Matter of: Proposed Amendments to Tiered Approach to Corrective Action Objectives (TACO) (35 Ill. Adm. Code 742). R00-19(A) (Ill. Pollution Control Bd. December 21, 2000)).
8/15/01Soil samples collected after 8/15/01 that are used to show compliance with TACO remediation objectives must be reported on a dry weight basis, excluding samples for the TCLP, the SPLP, and property pH. 35 Ill. Adm. Code 742.225(f) (added in In the Matter of: Proposed Amendments to Tiered Approach to Corrective Action Objectives (TACO) (35 Ill. Adm. Code 742). R00-19(B) (Ill. Pollution Control Bd. July 26, 2001)).
8/15/01Exceedence of a soil saturation limit no longer precludes the owner or operator from developing a Tier 3 cleanup proposal. 35 Ill. Adm. Code 742.220 (amended in In the Matter of: Proposed Amendments to Tiered Approach to Corrective Action Objectives (TACO) (35 Ill. Adm. Code 742). R00-19(B) (Ill. Pollution Control Bd. July 26, 2001)).
8/15/01If PCBs are contaminants of concern, the concentration of any PCB may not exceed 50 ppm. 35 Ill. Adm. Code 742.305(f) (added in In the Matter of: Proposed Amendments to Tiered Approach to Corrective Action Objectives (TACO) (35 Ill. Adm. Code 742). R00-19(B) (Ill. Pollution Control Bd. July 26, 2001)).
8/15/01Several Tier 1 objectives updated. See In the Matter of: Proposed Amendments to Tiered Approach to Corrective Action Objectives (TACO) (35 Ill. Adm. Code 742). R00-19(B) (Ill. Pollution Control Bd. July 26, 2001)).
4/29/02Effective date for amendments to 35 Ill. Adm. Code 732 (In the Matter of: Regulation of Petroleum Leaking Underground Storage Tanks: Amendments to 35 Ill. Adm. Code 732. R01-26 (Ill. Pollution Control Bd. April 18, 2002)). Some of the changes include:
4/29/02An owner or operator can obtain a No Further Remediation Letter in cases where off-site corrective action is required but the owner or operator cannot gain access to the off-site property despite best efforts. The inability to obtain access despite best efforts must be demonstrated to the Illinois EPA, and the owner or operator is not relieved of responsibility to clean up a release that has migrated beyond the property boundary even where off-site access is denied. 35 Ill. Adm. Code 732.404(c) and 732.411.
4/29/02An owner or operator may submit actual costs incurred for site classification activities if a Site Classification Plan and Site Classification Completion Report have been approved without the submittal of a site classification budget plan. 35 Ill. Adm. Code 732.305(d). An owner or operator may submit actual costs incurred for low priority corrective action activities if a Low Priority Groundwater Monitoring Plan and Low Priority Groundwater Monitoring Completion Report have been approved without the submittal of a low priority groundwater monitoring budget plan. 35 Ill. Adm. Code 732.405(d). An owner or operator may submit actual costs incurred for high priority corrective action activities if a High Priority Corrective Action Plan and Completion Report have been approved without the submittal of a high priority corrective action budget plan. 35 Ill. Adm. Code 732.405(d).
4/29/02The Illinois Department of Transportation (“IDOT”) must enter into a Memorandum of Agreement with the Illinois EPA to perfect NFR Letters issued for sites located in IDOT rights-of-way. 35 Ill. Adm. Code 732.703(c)
4/29/02Certain federal landholding entities must enter into a Land Use Control Memorandum of Agreement with the Illinois EPA to perfect certain NFR Letters issued for sites located on certain federally owned property. 35 Ill. Adm. Code 732.703(d).
4/29/02Early Action reimbursement period starts on day of initial IEMA notification and lasts for 45 days plus 7 days. 35 Ill. Adm. Code 732.202(g).
4/29/02Owners and operators must submit a signed Owner/Operator Property Summary Form. 35 Ill. Adm. Code 732.300(b)(1), 732.309(a), 732.312(i), and 732.409(b).
6/1/02Effective date for MTBE as an indicator contaminant for gasoline releases reported on or after this date. 35 Ill. Adm. Code 732.310(b) (added in In the Matter of: Regulation of Petroleum Leaking Underground Storage Tanks: Amendments to 35 Ill. Adm. Code 732, R01-26 (Ill. Pollution Control Bd. April 18, 2002)).
6/24/02Public Act 92-0554 signed. (applies to releases on or after this date)
*Requires Site Investigation Plan/Budget.
*Eliminates site classification.
*Raises maximums reimbursed to $1.5 million in corrective action costs per occurrence and $1.5 million in indemnification costs per occurrence, and $2 million (less than 101 tanks) or $3 million (101 tanks or more) aggregate limits per calendar year.
*Requires Status Report within 4 years after a CAP approval if a CACR has not been submitted.
7/25/02Professional Geologists may sign off on all plans and reports except CACR (Public Act 92-0735).
1/1/03Soil and groundwater samples collected on or after this date must be analyzed by an accredited laboratory. 35 Ill. Adm. Code 732.106 (added in In the Matter of: Regulation of Petroleum Leaking Underground Storage Tanks: Amendments to 35 Ill. Adm. Code 732, R01-26 (Ill. Pollution Control Bd. April 18, 2002)).
1/1/06Buyers of properties with a reported release from one or more registered tanks that have been removed may elect to become the owner for the purpose of addressing the contamination and accessing the underground Storage Tank Fund (Public Act 94-0274).
3/1/06Effective date for amendments to 35 Ill. Adm. Code 732 (In the Matter of: Proposed Amendments to Regulation of Leaking Underground Storage Tanks (35 Ill. Adm. Code 732), R04-22(A) and (In the Matter of: Proposed Amendments to Regulation of Leaking Underground Storage Tanks (35 Ill. Adm. Code 734), R04-23(A) (Ill. Pollution Control Bd. February 16, 2006)). Newly adopted 35 Ill. Adm. Code 734 applies to owners or operators who report releases on or after March 1, 2006. Part 734 also applies to owners or operators who have reported releases prior to June 24, 2002, and have elected to proceed with Part 734. 35 Ill. Adm. Code 734.105. Some of the changes include:
3/1/06The Illinois EPA may require notification of field activities. 35 Ill. Adm. Code 732.112 and 734.135.
3/1/06LUST Advisory Committee is designated. 35 Ill. Adm. Code 732.114 and 734.150.
3/1/06Tier 2 or Tier 3 remediation objectives may be developed at any time during site investigation or corrective action. 35 Ill. Adm. Code 734.140.
3/1/06Early Action period for payment from the UST Fund starts on day of initial IEMA notification and lasts for 45 days plus 14 days. 35 Ill. Adm. Code 732.202(g) and 734.210(g).
3/1/06Sampling requirements during early action are prescribed. 35 Ill. Adm. Code 732.202(h) and 734.210(h).
3/1/06Free product exceeding one-eighth of an inch must be removed in accordance with Subpart B. A plan (and budget, if seeking payment from the UST Fund) is required for free product removal activities conducted more than 45 days after the free product discovery. 35 Ill. Adm. Code 732.203 and 734.215.
3/1/06Water supply well survey requirements are prescribed. 35 Ill. Adm. Code 732.300(b) and 734.445.
3/1/06Owners or operators may no longer classify a site by Exposure Pathway Exclusion. Owners or operators desiring to exclude exposure pathways must elect to proceed with 35 Ill. Adm. Code 734 and conduct site investigation and corrective action under Part 734. 35 Ill. Adm. Code 732.312(a)(1) and 732.312(j).
3/1/06Five site-specific parameters and Tier 2 objectives must be determined for purposes of payment from the UST Fund. The UST Fund will not pay for on-site cleanup to Tier 1 remediation objectives or groundwater cleanup in an area of an existing groundwater ordinance. 35 Ill. Adm. Code 732.408 and 734.410.
3/1/06Three-stage site investigation is prescribed to determine the extent of contamination and characterize the site. 35 Ill. Adm. Code 734.310.
3/1/06Option to submit actual bills in lieu of a budget previously allowed by 35 Ill. Adm. Code 732.305(d) and 732.405(d) rescinded.
3/1/06Proof of subcontractor payment is required in applications for payment seeking handling charges. 35 Ill. Adm. Code 732.601(b)(10) and 734.605(b)(10).
3/1/06All applications for payment must be submitted no later than one year following issuance of the No Further Remediation Letter. 35 Ill. Adm. Code 732.601(j) and 734.605(j).
3/1/06Costs eligible for payment from the UST Fund may include a maximum of $10,000 per occurrence for destruction of above grade structures. Installation or repair of water supply lines and abandonment or replacement of potable water supply wells may be payable from the UST Fund. 35 Ill. Adm. Code 732.605 and 734.625.
3/1/06Costs incurred after receipt of the No Further Remediation Letter eligible for payment from the UST Fund are specified. 35 Ill. Adm. Code 732.606(kk) and 734.630(gg).
3/1/06Ineligible costs include handling charges charged by anyone other than the owner’s or operator’s primary contractor, costs associated with on-site corrective action to achieve remediation objectives more stringent than Tier 2 objectives, and costs associated with groundwater remediation if an approved groundwater ordinance can be used as an institutional control. 35 Ill. Adm. Code 732.606(pp) through (eee) and 734.630(ll) through (bbb).
3/1/06Owners or operators must maintain records and make them available to the Illinois EPA for auditing purposes. 35 Ill. Adm. Code 732.614 and 734.665.
3/1/06A highway authority must enter into a Memorandum of Agreement with the Illinois EPA to perfect NFR Letters issued for sites located in a highway right-of-way. 35 Ill. Adm. Code 732.703(c) and 734.715(c). Previous 732 regulations included only IDOT rights-of-way.
3/1/06Amounts payable from the UST Fund established for eligible corrective action activities based on specified maximum amounts, bidding, or unusual or extraordinary circumstances. 35 Ill. Adm. Code 732.Subpart H and 734.Subpart H.
3/1/06Sample handling and analysis maximum amounts established. 35 Ill. Adm. Code 732.Appendix D and 734.Appendix D.
3/1/06Personnel titles and maximum rates established. 35 Ill. Adm. Code 732.Appendix E and 734.Appendix E.
2/23/07Effective date for amendments to 35 Ill. Adm. Code 742 (In the Matter of: Proposed Amendments to Tiered Approach to Corrective Action Objectives (TACO) (35 Ill. Adm. Code 742). R06-10 (Ill. Pollution Control Bd. February 15, 2007)). Some of the changes include:
2/23/07Background concentrations for Polynuclear Aromatic Hydrocarbons established. 35 Ill. Adm. Code 742.Appendix A.Table H.
2/23/07Several Tier I soil remediation objectives for residential and industrial/commercial properties revised. 35 Ill. Adm. Code 742.Appendix B.Tables A and B.
2/23/07Construction worker inhalation remediation objectives for 28 chemicals revised. 35 Ill. Adm. Code 742.Appendix B.Table B.
2/23/07pH specific table for determining the soil component of the groundwater ingestion remediation objectives expanded to include lead and pH up to 9.0. 35 Ill. Adm. Code 742.Appendix B.Tables C and D.
2/23/07Several Tier I groundwater remediation objectives revised or added. 35 Ill. Adm. Code 742.Appendix B.Table E and F.
2/23/07The method for determining organic carbon content of the soil (foc) updated to ASTM-D 2974-0. 35 Ill. Adm. Code 742 Appendix C.Table F.
2/23/07Koc, ks and kd values revised to coincide with the changes made to Appendix B.Tables C and D. 35 Ill. Adm. Code 742.Appendix C.Tables I and J.
2/23/07Model documents provided for institutional controls including a Highway Authority Agreement, a Highway Authority Agreement Memorandum of Agreement, an Environmental Land Use Control, a Groundwater Ordinance, and a Memorandum of Understanding. 35 Ill. Adm. Code 742.Appendix D, E, F, G, and H.