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New Regulation – TACO/Pollution Remediation, March 9, 2007
The POLLUTION CONTROL BOARD adopted amendments for "Tiered Approach to Corrective Action Objectives" (commonly called TACO regulations) (35 Ill Adm. Code 742; 30 Ill Reg. 15366), effective 2/23/07, to update standards and procedures applicable to developing remediation objectives for environmental cleanups. Covered topics include adding remediation objectives that are based upon background soil levels for polynuclear aromatic hydrocarbons; adding residential remediation objectives aimed at protecting construction workers; and decreasing the stringency of remediation objectives applicable to lead contamination of soil that affect industrial, commercial, and construction workers. Use of certain forms are mandated, incorporations by reference of test methods and technical support documents are updated, and highway authority agreements are clarified. A new type of document called a highway authority agreement memorandum of agreement (HAA MOA) is specified when a highway authority is the property owner or owner/operator of a leaking underground storage tank and contamination remains under the highway. In such a case, the highway authority and the Illinois Environmental Protection Agency (EPA) will enter into the new HAA MOA. In addition, the rulemaking addresses the problem of proper notification to EPA when a local ordinance change negatively impacts pollution control and addresses the problem of establishing groundwater pollution controls near municipal boundaries. Those affected by this rulemaking include small businesses, small municipalities, and not-for-profit corporations participating in regulatory programs subject to TACO remediation objectives.