BEFORE

THE

ILLiNOIS

POLLUTION

CONTROL

BOARD

CLERK’S

CVD

OFFICE

IN

THE

MATTER

OF:

PROPOSED

AMENDMENTS

TO

)

ACTION

TIERED

APPROACH

OBJECTIVES

TO

CORRECTIVE

)

fl

(35

Ill.

Adm.

Code

742)

U

r\

1—

NOTICE

Dorothy

Gunn,

Clerk

Bill

Richardson

Illinois

Pollution

Control

Board

Chief

Legal

Counsel

James

R. Thompson

Center

Illinois

Dept.

of

Natural

Resources

100

W.

Randolph,

Suite

11-500

One

Natural

Resources

Way

Chicago,

Illinois

60601

Springfield,

Illinois

62702-127

1

(Via

First

Class

Mail)

(Via

First

Class

Mail)

Matt

Dunn

Environmental

Bureau

Chief

Office

of

the

Attorney

General

James

R.

Thompson

Center

100

W. Randolph,

12

th

Floor

Chicago,

Illinois

60601

(Via

First

Class

Mail)

PLEASE

TAKE

NOTICE

that

I

have

today

filed

with

the

Office

of

the

Clerk

of

the

Illinois

Pollution

Control

Board

the

Illinois

Environmental

Protection

Agency’s

(“Illinois

EPA”)

Motion

for

Acceptance,

Appearance

of

Attorney,

Certification

of

Origination,

Motion

for

Leave

from

Filing

Requirement.

List

of

Studies

and

Reports

Used

in

Regulatory

Development.

Statement

of

Reasons,

and

the

Proposed

Amendments

a

copy

of

each

of

which

is

herewith

served

upon

you.

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

By:______

AsstantCornsel

Division

of

Legal

Counsel

R09-

(Rulemaking-Land)

SEP

03

2008

STATE

OF

LLINOIS

Pollution

Control

Board

)

---

DATE: September

2, 2008

•

•

1021 North

Grand

Avenue East

P.O.

Box 19276

Springfield,

Illinois 62794-9276

(217)782-5544

---

BEFORE

THE

ILLTh4OIS

POLLUTION

CONTROL

BOAECEVED

LERK

S

OFFICE

IN THE

MATTER

OF:

)

)

R09-

0’

)

032008

PROPOSED

AMENDMENTS

TO

)

(Rulemaking-LandSTATE

OF

‘WNOIS

TIERED

APPROACH

TO

CORRECTIVE

)

‘01ttion

Control

Board

ACTIONOBJECTIVES

I

(35

Iii

Adm

Code

742)

MOTION

FOR

ACCEPTANCE

NOW

COMES

the

Illinois

Environmental

Protection

Agency

(“Illinois

EPA”)

and,

pursuant

to 35

Iii.

Adm.

Code

102.106,

102.200,

and

102.202,

moves

the

Illinois

Pollution

Control

Board

(“Board”)

to accept

the

Illinois

EPA’s

proposal

for

hearing.

This

regulatory

proposal

includes:

1) the

Appearance

for

the

attorney

representing

the

Illinois

EPA;

2) Certification

of

Origination;

3)

the

Statement

of

Reasons;

and

4)

the

Proposed

Amendments.

Respectfully

submitted,

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

By:

DATE:

August

6

,2008

1021

North

Grand

Avenue

East

P.O.

Box

19276

Springfield,

Illinois

62794-9276

(217)782-3397

Director

THIS

FILING

SUBMITTED

ON

RECYCLED

PAPER

---

IN

THE MATTER

OF:

PROPOSED

AMENDMENTS TO

TIERED

APPROACH

TO

CORRECTIVE

ACTION

OBJECTIVES

(35

Ill.

Adm.

Code 742)

)

R09-

)

(Rulemaking-Land)

)

)

)

The

undersigned,

as

one of

its attorneys,

hereby

enters

her

entry

of

Appearance

on

behalf

of the

Illinois

Environmental

Protection

Agency.

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

By:

DATE:

September

2, 2008

1021 North

Grand

Avenue

East

P.O. Box

19276

Springfield,

Illinois

62794-9276

(217)782-5544

BEFORE

THE

ILLINOIS

POLLUTION

CONTROL

BOARD

OVED

OFP1

SEP

032008

STA1Eop

POllution

Controi

ILLINOIS

Board

APPEARANCE

l)

f

[

.

Division

of

Legal

Counsel

---

BEFORE

THE

ILLINOIS

POLLUTION

CONTROL

BOARD

CLEF?1css

IN

THE

MATTER

OF:

)

SEP

03

2008

PROPOSED

AMENDMENTS

TO

)

(RulemkingLand)P0IkJtiOn

°cojN

8

O1S

TIERED

APPROACH

TO

CORRECTiVE

)

oarcj

ACTION

OBJECTIVES

)

(35

Iii

Adm

Code

742)

)

)

CERTIFICATION

OF

ORIGINATION

NOW

COMES

the

Illinois

Environmental

Protection

Agency

(“Illinois

EPA”)

and,

pursuant

to 35

Ill.

Adm.

Code

102.202(i),

certifies

that

this

proposal

for

amendments

to

35

Ill.

Adm.

Code

742

amends

the

most

recent

version

of that

rule

as

published

on the

Illinois Pollution

Control

Board’s

website.

Respectfully

submitted,

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

mberly

Geving

Assistant

Counsel

DATE: September

2,

2008

1021

North

Grand

Avenue

East

P.O.

Box

19276

Springfield,

Illinois

62794-9276

(217)782-5544

---

BEFORE

THE

ILLINOIS

POLLUTION

CONTROL

BO47

14

!Qt/o

C°LL/NO,

1N THE

MATTER

OF:

)

°1’8Orci

)

PROPOSED AMENDMENTS

TO

)

R09-

TIERED

APPROACH TO

CORRECTIVE

)

(Rulemaking-Land)

ACTION

OBJECTIVES

)

(35

Ill.

Adm.

Code

742)

)

)

MOTION

FOR

LEAVE

FROM

FILING

REQUIREMENT

NOW

COMES the

Illinois

Environmental

Protection

Agency

(“Illinois

EPA”)

and, pursuant

to

35 Ill.

Adm.

Code

10 1.500,

moves

the

Illinois

Pollution

Control

Board

(“Board”)

to waive

the

filing

requirement

pursuant

to

35 Ill.

Adm.

Code

10

1.306(a)

for

two

of the

Illinois

EPA’s

amended

Incorporations

by

Reference.

In

support

of

its

motion,

the

Illinois

EPA

asserts,

and the

Board

has

confirmed,

that

the

titles

for

which

this

motion

seeks

relief

from

the

filing

requirement

are

already

in

the

Board’s

possession.

Additionally,

they

are

voluminous,

multiple

volume

documents

that

would

be

unduly

burdensome

and

costly

to copy.

WHEREFORE, the

Illinois

EPA

seeks

relief

from

the

filing

requirement

for

the

following titles:

(1)

“Test

Methods

for Evaluating

Solid

Waste,

PhysicallChemical

Methods,”

USEPA

Publication

No.

SW-846,

as amended

by

Updates

I,

II, ILk,

JIB,

III,

lilA,

and

TuB,

prepared

by

USEPA

and

available

from

National

Technical

Information

Service,

5285

Port

Royal

Road,

Springfield,

VA

22161

or

online

at

http

://www.epa.

gov/epaoswer/hazwaste/test/main.htm

;

and

(2)

United

States

Environmental

Protection

Agency,

CFR

Promulgated

Test

Methods,

Method

3C,

“Determination

of Carbon

Dioxide,

Methane,

Nitrogen,

and Oxygen

from

Stationary

1

---

Sources”

and

Method

16,

“Semicontinuous

Determination

of

Sulfur

Emissions

from

Stationary

Sourées,”Technology

Transfer

Network,

Emission

Measurement

Center,

V

(2007)

available

online

at http

://www.epa.

gov/ttnlemc/promgate.html.

Respectfully

submitted,

ILLINOIS ENVIRONMENTAL

PROTECTION

AGENCY

imberly

Aj Geving

Assistant

Counsel

Division

of

Legal

Counsel

DATED:

September

2,

2008

1021

North

Grand

Avenue

East

P.O.

Box

19276

Springfield, Illinois

62794-9276

2

---

List of

Studies

and

Reports

Used

in Regulatory Development

American Petroleum

Institute

(Nov.

2005).

A

Practical

Strategy

for Assessing

the

Subsurface

Vapor-to-Indoor-Air

Migration Pathway

at

Petroleum

Hydrocarbon

Sites.

API

Publication

4741.

http://www.itrcweb.org/Documents/VI-

1

.pdf

Agency

for

Toxic

Substances

and

Disease

Registry

(Jan.

2004).

Health

Consultation:

Active

Soil Gas

Data

Review,

Chillum

Perc

Site,

Chillum,

Prince

Georges

County, Maryland.

http

://www.atsdr.cdc.

gov/hac/PHAlchillumperc/cps

p1

.html

Bibler,

G. &

Mason, E. (Nov.

2005).

Scrutiny

of

Indoor

Air

Pathway

Affects

Standards

for

Investigation

and

Cleanup.

Daily

Environment Report,

11-10-05.

http

://net2.gph.com//media!64E898D7D8F0423

79F78727C

1

EC07A43

.ashx

California EPA,

Department

of

Toxic

Substances

Control

(Feb.

2005).

Interim

Final

Guidance

for

the

Evaluation

and

Mitigation of

Subsurface

Vapor

Intrusion

to

Indoor

Air.

http

://www.dtsc.ca.

gov/assessingrisk/upload!herd

pol

eval

subsurface

vapor

mt

rusion

interim_final.pdf

California

EPA,

Department

of Toxic

Substances

Control

(Jan.

2003).

Advisory

on

Active

Soil Gas

Investigations.

http

://www.dtsc.ca.gov/lawsregspolicies/policies/SiteCleanup/uploadlSMBR

AD

V_activesoilgasinvst.pdf

Colorado

Department

of

Public

Health

and

Environment

(Sept.

2004).

Draft

Indoor

Air

Guidance.

http://www.cdphe.state.co.us/HM/indoorair.pdf

Department of the

Army,

U.S.

Army

Corps

of

Engineers

(Sept

1993).

Indoor

Radon

Prevention

and

Mitigation.

Technical

Letter

No.

1110-3-438.

http://www.wbdg.org/ccb/DOD/IJFC/ufc

3_490_04a.pdf

Fetter,

C.W.

(1994).

Applied

Hydrogeology,

3

Edition.

Available

at the

Illinois

EPA

library,

Call

Number:

551.48

FETT

1994

Folkes,

D.

(Dec

2002).

Design,

Effectiveness,

and

Reliability

of

Sub-Slab

Depressurization

Systems

for

Mitigation

of

Chlorinated

Solvent

Vapor

Intrusion.

EnviroGroup

Limited.

Presented

at

the

U.S.

EPA

Seminar

on Indoor

Air

Vapor

Intrusion,

San

Francisco.

http

://w’ww.

envirogroup.comlpublications/folkes_epa_seminar.pdf

Hartman,

B.

(Sept.

2006).

How

to

Collect

Reliable

Soil-Gas

Data

for

Risk-Based

Applications,

Specifically

Vapor

Intrusion:

Part

Four,

Updates

on

Soil-Gas

Collection

and

Analytical

Procedures.

LUSTLine

Bulletin

#53.

http

://www.handpmg.comllustline53

-soil-gas-part-4.htm

---

International

Building

Code

(2006).

Available

at

the

Illinois

EPA

library

upon

request.

Kremesec,

V., Hopkins, H.

and

Thun,

R. (Feb.

2005).

A

View

of

the Evaluation

of

the

Vapor

Intrusion

Pathway

from

Within

the

Petroleum

Industry.

EM

Magazine,

Air

and

Waste

Management

Association.

http://www.astswmo.org/files/publications/tanks/2005

SoilVaporMonitoringWork

shop/Evaluation-of-Vapor-Intrusion-Pathway-Kxemesec.pdf

Lyman,

W.

and

Reehl,

W.

(1990).

Handbook

of

Chemical

Property

Estimation

Methods.

Available

at

the

Illinois

EPA

library,

Call Number:

547.3

LYMA

1990.

McHugh,

T.,

Connor,

J.,

&

Ahmad,

F.

(Mar.

2005).

An

Empirical

Analysis of the

Groundwater-to-Indoor-Air

Exposure

Pathway:

The

Role

of

Background

Concentrations

in

Indoor

Air.

Environmental

Forensics,

Vol.

5,

No.

2.

http://www.gsi-net.com/Publications

/McHugh

GW-Air

2004.pdf

Missouri

Department

of Natural

Resources

(April

2005).

Missouri

Risk-Based

Corrective

Action

for

Petroleum

Storage

Tanks:

Soil

Gas

Sampling

Protocol.

http

://www.dnr.mo.

gov/env/hwp/tanks/docs/soil-gas-protocol-2005-04-2

1

.pdf

New

Hampshire

Department

of

Environmental

Services

(April

2005).

Draft

Vapor

Intrusion

Guidance.

http

://www.des.state.nh.us/ORCB/doclist/pdf7vapor_intrusion.pdf

New

Jersey

Department

of

Environmental

Protection

(June

2005).

Draft

Vapor

Intrusion

Guidance.

http

://www.state.nj

.us/dep!srp/uidance/vaporintrusionJvig.htm

New

York

Department

of

Environmental

Conservation

(Nov.

2004).

Evaluating

the

Potential

for

Vapor

Intrusion

at

Past,

Current

and

Future

Sites,

Draft.

http

://www.ny-brownfields.comJPDF

Files/Draft_Policy.pdf

Pennsylvania

Department

of Environmental

Protection

(June

2004).

Land

Recycling

Program

Technical

Guidance

Manual

Section

IV.A.4

Vapor

Intrusion

into

Buildings

from

Groundwater and

Soil

Under

the Act

2 Statewide

Health

Standard.

http://164.156.71

.80/VWRQ.asp?docid=2087d8407c0e0000000005

110000051

1&

context=2&backlink=WXOD.aspx%3ffs%3

d2087d8407c0e0000800005

1000000

510%26ft%3d1

Persily,

A.

(March

1999).

Myths

About

Building

Envelopes.

ASHRAE

Journal.

http

://www.argonair.com/pdflMyth%2OAbout%2OBldg%2OEnv.pdf

Siegel,

L.

(April

2005).

A Community View

of

Vapor

Intrusion.

Center

for

Public

Environmental

Oversight.

http

://www.cpeo

.org!pubs/CommunityView-V12.doc

Stanin,

F.

(March

2006).

Vapor

Intrusion:

Breaking

Through

the

Roadblocks

to

Progress.

Superfund

and

Natural

Resource

Damages

Litigation

Committee

Newsletter.

Vol.

---

3,No.

1.

http

://www.abanet.org/environlcommittees/superfundnatresdamages/newsletter/m

arO6/superfundO3 06 .pdf

The

Star-Ledger

(Aug.

12, 2006).

DEP

to

review

sites

after

day-care

fiasco.

Newark,

New

Jersey.

Available

from

the

Illinois

EPA

library

upon

request.

U.S.

EPA

(Mar.

2008).

Brownfields

Technical

Primer:

Vapor

Intrusion

Considerations

for

Redevelopment.

EPA 542-R-08-00

1.

http

://www.brownfieldstsc.org/pdfs/BTSC%2OVapor%20lntrusion%20Considerat

ions%20for%20Redevelopment%2OEPA%20542-R-08-00

1

.pdf

---

BEFORE

THE

ILLINOIS

POLLUTION

CONTROL

BOARD

SEp

IN

THE

MATTER

OF:

)

V

)

2008

PROPOSED AMENDMENTS

TO

)

R09-

Uti

Contro’IOIS

TIERED

APPROACH

TO

CORRECTIVE

)

(Rulemaking-Land)

ACTION

OBJECTIVES

)

(35

Iii

Adm

Code

742)

)

STATEMENT

OF

REASONS

The

Illinois

Environmental

Protection

Agency

(“Illinois

EPA”)

hereby

submits

its

Statement

of

Reasons

for

the

above-captioned

matter

to

the

Illinois

Pollution

Control

Board

(“Board”) pursuant

to

Section

27

of

the

Illinois

Environmental

Protection

Act

(“Act”)(41

5

ILCS

5/27)

and

35

Ill.

Adm.

Code

102.200

and

102.202.

I.

FACTS

IN

SUPPORT,

PURPOSE,

AND

EFFECT

A.

Background

On

December

15,

1995,

P.A.

89-43

1

(which

added

a

new

Title

XVII

to the

Act)

was

signed

into

law by

Governor

Edgar.

Pursuant

to

Section

58.11(c)

of the

Act,

Illinois

EPA

proposed

regulations

prescribing

procedures

and

standards

for

the

Illinois

EPA’s

administration

of

its

duties

under

Title

XVII.

That

proposal

became

known

as

the Tiered

Approach

to

Corrective

Action

Objectives

(“TACO”) under

35 Ill.

Adm.

Code

742,

which

established

a

system

whereby sites

undergoing

remediation

in

the

Site Remediation

Program

(“SRP”),

the

Leaking

Underground

Storage

Tank

(“LUST”)

Program,

and RCRA

Part

B Permits

and

Closures

could

use

the methodology

set

forth

in the

TACO

rules

to

determine

remediation

objectives.

Since

the

inception

of

the

initial

rulemaking,

TACO’

s

applicability

has

been

expanded

outside

the

three

programs

listed

above.

Part

742

established

procedures

for

developing

remediation

objectives

based

on

various

risks

to

human

health

posed

by environmental

conditions

at

a site.

Because

human

health

may

be

1

---

impacted

by

any

type

of

environmental

contamination,

whether

it

originates

from

petroleum,

metals,

or some

other

type

of waste,

it

was

logical

to

create

a single

set of

procedures

that

any

of

the

land

remediation

programs

could

use

to address

contamination

at

any

given

site.

What

resulted

was

the

TACO

methodology,

whereby

risks

posed

to

human

health

are

evaluated,

site

conditions

are

assessed,

and

individuals

propose

remediation

objectives

to mitigate

conditions

at

the

site

so that

they

no longer

pose

a

threat

to

human

health.

The

Board

adopted

TACO

on

June

5, 1997

(with

three

sub-dockets

being

adopted

shortly

thereafter).

In

May

of

2000,

Illinois

EPA

proposed

amendments

to TACO

that

were

necessitated

by

new

technology,

science,

and

programmatic

changes.

The

Board

adopted

those

amendments

in

December

of

2000,

with

two

sub-dockets

being

adopted

shortly

thereafter.

In

2002

and

again

in

2005,

the

Board

adopted

additional

amendments

to

TACO

for

the purpose

of

keeping

the

TACO

procedures

and

requirements

current

and

to

improve

standards

and

procedures

so

that

end

users

of the

rules

can

achieve

accurate

data

results

that

are

protective

of human

health.

The

new

amendments

propose

to add

the

indoor

inhalation

exposure

route

to

the

existing

risk-based

methodology. The

indoor

inhalation

pathway

will

be

managed

similarly

to

the

current

exposure

routes

under

TACO.

It follows

the

basic

framework

of

TACO’s

three

tiers,

calculates

both

residential

and

industrial/commercial

remediation

objectives,

and

allows

for

pathway

exclusion.

Individuals

will

assess

indoor

inhalation

exposure

using

collected

soil

and

groundwater

or

soil

gas

data

and

then

apply

a modified

Johnson

and

Ettinger

(J&E)

model

to

develop

remediation objectives.

The

modified

J&E

model

simulates

the

migration

of contaminants

from

a

subsurface source

to

the air

inside

a

building.

Additional

equations

are presented

that

calculate

acceptable

soil,

groundwater

and

soil

gas

remediation

objectives.

This

modified

J&E

model

used

2

---

in

TACO

contains

18

equations

and

56 parameters.

Like

the

Soil

Screening

Level

(“SSL”)

and

Risk

Based

Corrective

Action

(“RBCA”) models

used

for

other

exposure

routes,

modified

J&E

model

parameters

have

conservative

default

values

under

Tier

1

that

can

be substituted

for

site-

specific

conditions

under

Tier

2.

Tier

3

allows

the

use

of subsiab

soil

gas

data

to

establish

remediation

objectives.

A

new

Subpart

L

provides

requirements

for building

control

technologies

to

mitigate

the

potential

for

contaminated soil

gas to

enter

the

indoor

air,

an approach

similar

to

engineered

barriers

under

Subpart

K.

The

effect

of

the

proposed

amendments

is

to

protect

building

occupants

from

volatile

chemicals

that

have

the

potential

to migrate

from

the soil

and

groundwater

to

indoor

air.

This

migration

process

has

been

colloquially

referred

to as

“vapor

intrusion.”

There

is

no

legislative

or

regulatory

requirement

to propose

these

amendments.

Illinois

EPA

wants

to

broaden

the

exposure

routes

evaluated

so as

to fully

protect

public

health

from

contaminated

sites

and

to

add more

certainty

to

the release

of liability

provided

by

the

No

Further

Remediation

determination.

Until

now,

Illinois

EPA

has

evaluated

vapor

intrusion

on a

limited

scale,

when

major

indoor

inhalation

risks

are

suspected;

case

studies

of

these

experiences

will

be submitted

to

the

Board

by

Illinois

EPA

as

part

of its

testimony.

U.S.

EPA

recommends

screening

all

sites

that

have

the

potential

to

cause

indoor

inhalation

health

risks.

Other

States

have

experienced

public

health

crises

and

ensuing

legal

and

financial

challenges

caused

by

vapor

intrusion

exposures

at

sites

where

the

indoor

inhalation

pathway

was not

evaluated

as part

of

the regulatory

cleanup

prior

to

issuance

of

the No

Further

Remediation

letter

or its

equivalent.

In

March

2008,

ASTM

International issued

its Standard

Practice

for Assessment

for Vapor

Intrusion

into

Structures

on

Property

Involved

in Real

Estate

Transactions.

Section

9.2.2

of

the

Standard

instructs

users

to

3

---

apply

State

generic

risk-based

concentrations.

Illinois

EPA’s

amendments

would

establish

such

numbers.

The

amendments

also

propose

to

update

remediation

objectives

for all

of the

exposure

routes

and

their

corresponding

populations:

residential,

industrial/commercial

and

construction

worker.

These

changes

are

needed

to keep

the

rule

current

with

the

scientific

literature

and

protective

of human

health.

B.

Regulatory

Development

Illinois

EPA

convened

an internal

workgroup

to create

a

methodology

for

evaluating

the

indoor

inhalation

pathway that

would

be

compatible

with

and

integrated

into

the

existing

TACO

regulations. The

workgroup

began

by

reviewing

the

draft

vapor

intrusion

guidance

prepared

by

U.S.

EPA

and

state-specific

guidance

prepared

by New

Jersey,

New

York,

Pennsylvania,

Missouri

and

Colorado,

among

others.

Illinois

EPA

also

retained

the

services

of

the

RAIVI

Group,

a

subcontractor

with

expert

knowledge

in contaminant

fate

and

transport.

On

May

25,

2007,

Illinois

EPA

sent

a

first

working

draft

of

the

proposed

amendments

to

the

chairperson of

the

Site

Remediation

Advisory

Committee

(“SRAC”)

for

distribution

to

its

members

and

the regulated

community.

After

they

had

ample

opportunity

to

review

and

comment, Illinois

EPA

met

with

SRAC

members

to

discuss

their

comments

and suggestions.

Those

meetings

occurred

on August

27,

2007;

September

27, 2007;

November

2,

2007;

and

February

6,

2008.

On

May

23,

2008,

Illinois

EPA

sent

a

revised

draft

to

SRAC

addressing

the

many

issues

raised

by

SRAC

in writing

and

in

meetings.

On

June

19,

2008,

Illinois

EPA

met

with

SRAC

to

discuss

the

May

2008

version.

That

meeting

resulted

in

additional

changes

which

are

now

reflected

in the

proposal

filed

with

the Board.

Illinois

EPA

appreciates

the

comments,

4

---

issues

and

concerns

raised

by

SRAC

and

the

regulated

community.

Their

thoughtfulness

and

thoroughness

significantly

improved

the

Agency’s

proposal.

Affected

Sources

and

Facilities

and

Economic

Impact

Persons

(as

defined

in

Section

58.2

of

the

Act)

affected

by

this

rule

include

any

and

all

persons

undergoing

remediation

who

are

entitled

to use

a risk-based

methodology

for

determining

remediation

objectives.

Such

persons

would

include,

but

not

necessarily

be

limited

to,

those

conducting

remediation

under

the

SRP,

the LUST

Program,

RCRA

Part

B

permits

and

closures,

or other

Illinois

EPA

remediation

programs.

The

use

of

TACO

in

conjunction

with

various

program

regulations

has

accomplished

the

goal

of putting

many

sites

back

into

safe,

productive

use

while

significantly

decreasing

remediation

expenses statewide.

C.

Environmental,

Technical,

and

Economic

Justification

The

original

SSL

and

RBCA

models

from

which

TACO

evolved

included

the

indoor

inhalation

exposure

route.

Back

in

1997,

when

TACO

was

first

adopted,

Illinois

EPA

omitted

the

indoor

inhalation

exposure route

intentionally,

due

to a

lack

of

confidence

in

the existing

scientific data.

Ten years

later,

research

gaps

have

narrowed

substantially

and

Illinois

EPA

has

been

able

to calculate

soil,

groundwater

and

soil

gas

remediation

objectives

for

indoor

inhalation

using

generally

accepted

modeling

equations.

The

proposed

indoor

inhalation

amendments

will

increase

the

cost

of

some

site

cleanups

but

will

bring

three

important

benefits.

First,

Illinois

residents

will

be

better

protected

from

volatile

chemicals

migrating

from

contaminated

sites.

Second,

site

owners

or

other

remediation

applicants will

receive

expanded

liability

relief

through

issuance

of

a No

Further

Remediation

letter

that takes

the indoor

inhalation

exposure

route

into

account.

Third,

establishing

5

---

remediation

objectives

for the

indoor

inhalation

pathway

will

facilitate

property

transactions.

The

benefit

to the

public

should

outweigh

any

additional

remediation

costs.

The

extent

of the

anticipated

cost

increases

is

unknown

and

expected

to vary

widely

depending

on site

and contaminant

characteristics

and

the

willingness

of affected

property

owner(s)

to accept

building

control

technologies

and

institutional

controls.

To

further

ease

implementation

of the

new indoor

inhalation

pathway,

the internal

agency

workgroup

is

preparing

a

guidance

document

containing

detailed

information

on how

to

manage

the exposure

route

under

TACO’s

three

tiers.

II.

THE

PROPOSED

AMENDMENTS

Inserting

a

new exposure

route

into

TACO

requires

comprehensive

changes

to

the existing

regulations.

As

would

be

expected,

these

proposed

amendments

contain

new

definitions,

equations,

parameters,

default

remediation

objectives,

and

mechanisms for

managing

the

indoor

inhalation

pathway.

What

follows

is a general

overview

of

the changes

proposed.

A.

Subpart

A

•

Illinois

EPA

proposes

language

in

Sections

742.110

and 742.115

to

account

for

the

inclusion

of the

modified

J&E

model

and

the

indoor

inhalation

exposure

route,

respectively.

B.

Subpart

B

Amendments

to Subpart

B

include:

adding

definitions

for

“Building,”

“Building

Control

Technology,” “Volatile

Chemicals,”

“Soil

Gas,”

and

“Soil

Vapor Saturation

Limit”;

adding

new

incorporations

by

reference;

adding

an exception

in

Section

742.225(b)(5)

stating

that

compositing

and

averaging

of

sample

results

are prohibited

under

the

indoor

inhalation

exposure

route,

except

as

approved

by the

Agency

in

Tier 3;

and

adding

new

Sections

742.222

and

6

---

742.227

to

allow

for

the

use

of

soil

gas data

when

determining

remediation

objectives

for

the

indoor

inhalation

exposure

route.

C.

Subpart

C

Illinois

EPA

inserted

“Outdoor”

before

“Inhalation

Exposure

Route”

in Section

742.310

and

added

Section

742.3

12 that

states

when

the

indoor

inhalation

exposure

route

may

be

excluded

from

consideration.

As part

of

Section

742.3 12,

the pathway

may be

excluded

by

use

of

a

building

control

technology

that meets

the

requirements

of Subpart

L.

D.

SubpartE

Illinois

EPA

added

Section

742.5

15,

which

explains

how

to

use the

Tier

1 indoor

inhalation

remediation

objectives

for

soil gas,

soil and

groundwater

in Appendix

B,

Table

G.

Under

the

indoor

inhalation

pathway,

unless

the

route

is excluded

from

consideration

under

Subpart

C,

site

evaluators

must

demonstrate

compliance

with either:

1)

soil

and

groundwater,

or

2) soil

gas.

E.

Subpart

F

Illinois

EPA

modified

Section

742.600

to state

that

a

calculated

Tier 2 indoor

inhalation

remediation

objective

for

soil cannot

exceed

the

soil

saturation

limit

and

that a

corresponding

remediation

objective

for

soil gas

cannot

exceed

the

soil

vapor

saturation

limit.

F.

SubpartG

Amendments

to Subpart

G

include:

changing

Section

742.700(g)

to exclude

the

construction

worker

population

from

the indoor

inhalation

exposure

route;

adding

Section

742.717

to

require

use

of the

modified

J&E

model

and

to explain

how

the

J&E equations

for

soil

and

soil gas

data

are to

be

applied;

and under

Sections

742.7

17(i) and

(j),

describing

when

the

7

---

soil

saturation

limit

and the soil

vapor

saturation

limit

are

to be

used as the

soil and

soil

gas

remediation

objectives,

respectively.

G.

Subpart H

Amendments

to Subpart

H include:

adding

Section

742.805(e)

to

require

individuals

to

use Section

742.8 12

when developing

Tier

2 groundwater

remediation

objectives

for the

indoor

inhalation

exposure

route; and

adding

Section

742.8

12 to explain

how

the

J&E

equations

are

to

be used for

developing

groundwater

remediation

objectives.

H.

Subpart I

Amendments

to Subpart

I include:

adding Section

742.935(a)

to

allow

exposure

route

exclusion

(as

an alternative

to Section

742.312)

for

the

indoor inhalation

exposure

route;

adding

Section

742.935(b)

to

allow

the use

of soil

gas

data

(as

an alternative

to

Section

742.227)

to

establish

remediation

objectives

for

the indoor

inhalation

exposure

route;

adding

Section

742.935(c)

to allow

the

use of

building control

technologies

(as an alternative

to

those

described

in Subpart

L) as a means

to prevent

or mitigate

human

exposures

under

the indoor

inhalation

exposure

route;

and

adjusting language

elsewhere

in this Subpart

to account

for

this new

Section.

I.

SubpartJ

Illinois

EPA

added

Section

742.1000(a)(7)

to

require

the use of

institutional

controls

whenever

remediation

objectives

are based

on a building

control

technology.

New

Section

742.1015(j)

states

that a groundwater

ordinance

may

not

be used

to exclude

the indoor

inhalation

exposure

route.

This

is because

an ordinance

restricting

the

source of drinking

water

would

be

incapable

of protecting

the enclosed

air

space of

a building

from the migration

of

contaminants

in the

groundwater.

J.

SubpartL

8

---

Illinois

EPA created

this

subpart

to provide

requirements

for four

types

of

building

control

technologies:

sub-slab

depressurization

systems,

sub-membrane

depressurization

systems,

membrane

barrier

systems,

and

barriers

created

from

geologic

materials.

K.

Appendix

A, Table

A

Illinois

EPA

updated

the

soil saturation

limits

due

to revised

chemical

and

physical

properties

and

added

a column

to

distinguish

between

the

outdoor

inhalation

exposure

route

and

the

soil component

of the

groundwater

ingestion

exposure

route.

The difference

in

values

is

based

on

the fraction

of

organic

carbon

content

(f

0

).

Three

footnotes

have

also

been

added.

L.

AppendixA,TableE

Illinois

EPA

added

fifteen

chemicals

based

on

the

proposed

Groundwater

Quality

Standards

(35

Iii.

Adm.

Code

Part

620).

The

entire

table

has

been

alphabetized

by

target

organ.

M.

Appendix

A,

Table

F

Illinois

EPA added

fifteen

chemicals

based

on the

proposed

Groundwater

Quality

Standards

(35

Ill. Adm.

Code

Part

620).

The entire

table

has

been

alphabetized

by target

organ.

N.

Appendix

A, Table

I

Illinois

EPA

added

six

new

chemicals

and

updated

some of

the

Acceptable

Detection

Limits

(“ADLs”).

Some of

the toxicity

values

changed,

resulting

in

changes

to

the

Class

I

Groundwater

Remediation

Objectives

and

the

1 in

1,000,000

Cancer

Risk

Concentration.

0.

Appendix

A,

Table

J

This

is a

new table

identifying

the 59

TACO

volatile

chemicals

that

are

considered

contaminants

of

concern

for

the

indoor

inhalation

exposure

route.

P.

Appendix

A,

Table

K

This

is a

new

table identifying

the

soil

vapor saturation

limits

for

the

volatile

9

---

chemicals

of

concern

for

the

indoor

inhalation

exposure

route.

Q.

Appendix

A,

Table

L

This is

a new

table

identifying

the

soil saturation

limits

for

volatile

chemicals

for

the

indoor

inhalation

exposure

route.

A

separate

table

is

needed

because

the

calculation

of

saturation

limits

for the

indoor

inhalation

pathway

uses

parameter

values

different

than

those

used

to

create

Appendix

A,

Table

A (i.e.,

fraction

organic

carbon

content

and

system

temperature).

R.

Appendix

B, Table

A

Illinois EPA

updated

remediation

objectives

for

all

exposure

routes

using

the

most

current

toxicity

values

and

physical

and

chemical

parameter

values.

We

also

updated

the

previously

titled

“Inhalation”

column

to “Outdoor Inhalation.”

We

modified

two

footnotes

and

added

three

others.

S.

Appendix

B,

Table

B

Illinois

EPA

updated

remediation

objectives

for

all

exposure

routes

using

the

most

current

toxicity

values

and

physical

and

chemical

parameter

values.

We

also

updated

the

previously titled

“Inhalation”

columns

to

“Outdoor

Inhalation.”

We

modified

two

footnotes

and

added

four

others.

T.

Appendix

B,

Table

C

Illinois

EPA

updated

the

pH specific

soil

remediation

objectives

for

arsenic

and

added

a

footnote extending

the pH

range

from

8.75-9

to

8.75-11.0

for

Lead.

U.

Appendix

B,

Table

D

Illinois

EPA

added

a

footnote

extending

the

pH

range

from

8.75-9

to

8.75-11.0

for Lead.

V.

Appendix

B,

Table

E

10

---

Illinois

EPA

updated

remediation

objectives

for

the

groundwater

ingestion

exposure

route

using

the most

current

toxicity

values

and physical

and chemical

parameter

values.

We

also

renamed

this table

and

added

fifteen

chemicals

based

on

the

proposed

Groundwater

Quality

Standards

(35

Iii. Adm.

Code

Part 620).

We

added

six

new footnotes.

W.

Appendix

B,

Table

F

Illinois

EPA

updated

the

GW

0b

concentrations

to reflect

changes

in

the toxicity

values

and

to

keep

pace

with

the

proposed

amendments

to

the

Groundwater

Quality

Standards

(35

Iii.

Adm.

Code

Part

620).

Fifteen

new

chemicals

and

one

footnote

have

been

added.

X.

Appendix

B, Table

G

This

is

a new

table

containing

the

Tier

1 remediation

objectives

for volatile

chemicals

under

the

indoor

inhalation

pathway.

Residential

and

industriallcommercial

values

are

given

for

soil

gas,

soil

and

groundwater.

Y.

Appendix

C,

Table

B

A

few SSL

parameters

have

been

updated.

Sources

for

the

toxicity

values

have

been

updated

to

reflect

changes

in the

USEPA’s

hierarchy

of human

health

toxicity

values.

Z.

Appendix

C,

TableD

A

few

RBCA

parameters

have

been

updated.

Sources

for

the

toxicity

values

have

been

updated

to

reflect

changes

in

the

USEPA’s hierarchy

of human

health

toxicity

values.

AA.

Appendix

C,

Table

E

Illinois

EPA

updated

the

default

values

for

all chemicals

(not

just

volatile

chemicals)

to

be

consistent with current

scientific

literature.

We

also

inserted

a new

column

of default

values

for

Dimensionless

Henry’s

Law

Constant

at

130

C

and

added

three

new

footnotes.

All

values

are

now

expressed

in

scientific

notation.

11

---

BB.

Appendix

C,

Table

F

Illinois

EPA

added

new

methods

for

determining

the

following

physical

soil

parameters:

total

soil

porosity,

air-filled

soil

porosity,

and

water-filled

soil

porosity.

CC.

Appendix

C,

Table

I

Illinois

EPA

added

MCPP

since

it

is

one

of

the

new

chemicals

proposed

under

the

Groundwater

Quality

Standards

(35 Ill.

Adm.

Code

Part

620)

and

deleted 2,4,5-TP

(Silvex)

because

it no

longer

ionizes

over

the

pH

range

of 4.5-9.0.

DD.

Appendix

C, Table

L

This

is a new

table

containing

the

J&E

equations

used

in

calculating

remediation

objectives

for

the

indoor

inhalation

exposure

route.

EE.

Appendix

C, Table

M

This

is

a

new

table

containing

the

J&E

parameters

used

in

calculating

remediation

objectives

for

the

indoor

inhalation

exposure

route.

III.

AGENCY

WITNESSES

AND

SYNOPSIS

OF

TESTIMONY

Illinois

EPA

will

provide

five

witnesses

who

will

be

available

to testify

at

hearing.

The

witnesses are

Gary

King,

Thomas

Homshaw,

TraceyHurley,

and

Joyce

Munie

from

Illinois

EPA

and

Atul

Saihotra

from

the

RAM

Group.

Illinois

EPA

will

submit

written

testimony

in

advance

of

the hearings

pursuant

to any

hearing

officer

order

that

follows

this

proposal.

Illinois

EPA

respectfully

requests

that

the

Board

allow

oral

testimony

of

Illinois

EPA’s witnesses

in panel

format

rather

than

calling

each

individually.

This

has

streamlined

several

regulatory

hearings

in the

past

and

allows

Illinois

EPA

to

more

fully

respond

to

questions

during

the

hearing,

thereby

promoting

a

more

complete

hearing

record.

12

---

As

a note

to the

Board,

Illinois

EPA

does

not

have

a Notice

or

Service

List

for

purposes

of this

proposal.

Therefore,

we

are

sending

this

proposal

to the

individuals

required

by the

Board’s

procedural

rules.

Illinois

EPA

requests

that

once

the Board

establishes

Notice

and

Service

lists

for

this

rulemaking

that

it send

those

to

Illinois

EPA

so

that

we can

properly

serve

parties

with

any

future

submittals.

WHEREFORE,

Illinois

EPA

requests

that

the Board

accept

this

proposal

in

its

entirety

for hearing.

Respectfully

submitted,

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

Assistan

Counsel

Division

of Legal

Counsel

DATED:

September

2, 2008

1021

North

Grand

Ave.

East

P.O.

Box

19276

Springfield,

Illinois

62794-9276

(217)

782-5544

13

---

ILLINOIS

REGISTER

POLLUTION

CONTROL BOARD

NOTICE

OF

PROPOSED

AMENDMENTS

TITLE

35: ENVIRONMENTAL

PROTECTION

SUBTITLE

G:

WASTE

DISPOSAL

CHAPTER

I: POLLUTION

CONTROL

BOARD

SUBCHAPTER

f:

RISK

BASED

CLEANUP

OBJECTIVES

PART

742

TIERED

APPROACH

TO

CORRECTIVE

ACTION

OBJECTIVES

SUBPART

A:

INTRODUCTION

Section

742.100

Intent

and

Purpose

742.105

Applicability

742.110

Overview

of

Tiered

Approach

742.115

Key

Elements

742.120

Site

Characterization

SUBPART

B:

GENERAL

Section

742.200

Definitions

742.205

Severability

742.210

Incorporations

by Reference

742.2

15

Determination

of Soil

Attenuation

Capacity

742.220

Determination

of

Soil

Saturation

Limit

742.222

Determination

of Soil

Vapor

Saturation

Limit

742.225

Demonstration

of

Compliance

with

Remediation

Objectives

742.227

Demonstration

of Compliance

with

Soil Gas

Remediation

Objectives

for

the

Indoor

Inhalation

Exposure

Route

742.230

Agency

Review

and

Approval

SUBPART

C: EXPOSURE

ROUTE

EVALUATIONS

Section

742.300

Exclusion

of

Exposure

Route

742.305

Contaminant

Source

and Free

Product

Determination

742.3

10

Outdoor

Irthalation

Exposure

Route

742.312

Indoor

Inhalation

Exposure

Route

742.315

Soil

Ingestion

Exposure

Route

742.320

Groundwater

Ingestion

Exposure

Route

---

ILLINOIS

REGISTER

POLLUTION

CONTROL

BOARD

NOTICE

OF PROPOSED

AMENDMENTS

SUBPART

D:

DETERMINING

AREA

BACKGROUND

Section

742.400

Area

Background

742.405

Determination

of

Area Background

for

Soil

742.410

Determination

of Area

Background

for Groundwater

742.415

Use

of Area

Background

Concentrations

SUBPART

E: TIER

1

EVALUATION

Section

742.500

Tier

1 Evaluation

Overview

742.505

Tier 1

Soil and

Groundwater

Remediation

Objectives

742.5

10

Tier

1 Remediation

Objectives

Tables

742.5

15

Tier 1

Remediation

Objectives

Table for the

Indoor

Inhalation

Exposure

Route

SUBPART

F:

TIER

2

GENERAL

EVALUATION

Section

742.600

Tier

2

Evaluation

Overview

742.605

Land

Use

742.6 10

Chemical

and

Site Properties

SUBPART

G:

TIER 2 SOIL

EVALUATION

Section

742.700

Tier

2

Soil Evaluation

Overview

742.705

Parameters

for

Soil

Remediation

Objective

Equations

742.7

10

SSL Soil

Equations

742.715

RBCA

Soil Equations

742.717

Indoor

Inhalation

Equations

for

Soil and

Soil

Gas

742.720

Chemicals

with

Cumulative

Noncarcinogenic

Effects

SUBPART

H: TIER

2 GROUNDWATER

EVALUATION

Section

742.800

Tier

2 Groundwater

Evaluation

Overview

742.805

Tier 2 Groundwater

Remediation

Objectives

742.8

10

Calculations

to

Predict

Impacts

from Remaining

Groundwater

Contamination

742.8 12

Indoor

Inhalation

Equations

---

ILLINOIS

REGISTER

POLLUTION

CONTROL

BOARD

NOTICE

OF PROPOSED

AMENDMENTS

SUBPART

I:

TIER

3

EVALUATION

Section

742.900

Tier

3

Evaluation

Overview

742.905

Modifications

of

Parameters

742.9

10

Alternative

Models

742.915

Formal

Risk

Assessments

742.920

Impractical

Remediation

742.92

5

Exposure

Routes

742.930

Derivation

of

Toxicological

Data

742.93

5

Indoor

Inhalation

Exposure

Route

SUBPART

J: iNSTITUTIONAL

CONTROLS

Section

742.1000

Institutional Controls

742.1005

No

Further

Remediation

Letters

742.1010

Environmental

Land

Use

Controls

742.1012

Federally

Owned

Property:

Land

Use

Control

Memoranda

of

Agreement

742.1015

Ordinances

742.1020

Highway Authority

Agreements

and

Highway

Authority

Agreement

Memoranda

of

Agreement

SUBPART

K:

ENGINEERED BARRIERS

Section

742.1100

Engineered

Barriers

742.1105

Engineered Barrier

Requirements

SUBPART L:

BUILDING

CONTROL

TECHNOLOGIES

Section

742.1200

Building

Control

Technologies

742.1205

Building

Control

Technology

Proposals

742.1210

Building

Control

Technology

Requirements

APPENDIX A

General

ILLUSTRATION

A Developing

Soil Remediation

Objectives Under

the

Tiered

Approach

TLLUSTRATION

B

Developing

Groundwater

Remediation

Objectives

Under

the

Tiered

Approach

---

ILLINOIS

REGISTER

POLLUTION

CONTROL

BOARD

NOTICE

OF

PROPOSED AMENDMENTS

TABLE

A

Soil

Saturation

Limits

(Csat)

for

Chemicals

Whose

Melting

Point

is Less

than

30°C

TABLE

B

Tolerance

Factor

(K)

TABLE

C

Coefficients

{ANJ÷1}

for

W

Test

of Normality,

for

N2(1)50

TABLE

D

Percentage

Points

of

the W

Test

for

n=3(1)50

TABLE

E

Similar-Acting

Noncarcinogenic

Chemicals

TABLE

F

Similar-Acting

Carcinogenic

Chemicals

TABLE

G

Concentrations

of

Inorganic

Chemicals

in

Background

Soils

TABLE

H

Concentrations

of

Polynuclear

Aromatic

Hydrocarbon

Chemicals

in

Background

Soils

TABLE

I

Chemicals

Whose

Tier

1

Class

I Groundwater

Remediation

Objective

Exceeds

the

1 in

1,000,000

Cancer

Risk

Concentration

TABLE

J

List

of TACO

Volatile

Chemicals

for

the

Indoor

Inhalation

Exposure

Route

TABLE

K

Soil

Vapor

Saturation Limits

(CSa

t

)

for Volatile

Chemicals

TABLE

L

Soil

Saturation

Limits

(C)

for

Volatile

Chemicals

for

the

Indoor

Inhalation

Exposure

Route

APPENDIX

B

Tier

1 Illustrations

and Tables

ILLUSTRATION

A

Tier

1 Evaluation

TABLE

A

Tier

1

Soil

Remediation

Objectives

for Residential

Properties

TABLE

B

Tier

1 Soil

Remediation

Objectives

for

Industrial/Commercial

Properties

TABLE

C

pH

Specific

Soil

Remediation

Objectives

for

Inorganics

and

Ionizing

Organics

for

the

Soil

Component

of the

Groundwater

Ingestion

Route

(Class

I

Groundwater)

TABLE

D

pH

Specific

Soil Remediation

Objectives

for

Jnorganics

and

Ionizing

Organics

for

the

Soil

Component

of the

Groundwater Ingestion

Route

(Class

II

Groundwater)

TABLE E

Tier

1

Groundwater

Remediation

Objectives

for

the

Groundwater

Component

of

the

Groundwater

Ingestion

Route

TABLE

F

Values

Used

to

Calculate

the

Tier

1 Soil

Remediation

Objectives

for

the

Soil

Component

of

the

Groundwater

Ingestion

Route

TABLE

G

Tier

1

Indoor

Inhalation

Remediation

Objectives

for

Residential

and

Industrial/Commercial

Properties for

the

Indoor

Inhalation

Exposure

Route

APPENDIX

C

Tier 2

Illustrations

and

Tables

ILLUSTRATION

A

Tier

2

Evaluation

for

Soil

ILLUSTRATION

B Tier

2

Evaluation

for

Groundwater

ILLUSTRATION

C

US

Department

of Agriculture

Soil

Texture

Classification

TABLE

A

SSL

Equations

TABLE

B

SSL

Parameters

TABLE

C

RBCA

Equations

---

ILLINOIS

REGISTER

POLLUTION

CONTROL

BOARD

NOTICE

OF

PROPOSED

AMENDMENTS

TABLE

D

RBCA

Parameters

TABLE

B

Default

Physical

and

Chemical

Parameters

TABLE

F

Methods

for

Determining

Physical

Soil

Parameters

TABLE

G

Error

Function

(erf)

TABLE

H

Q/C

Values

By Source

Area

TABLE

I

K

0

Values

for

Ionizing

Organics

as a

Function

of

pH (cm

3

/g

or

L/kg

or

cm

3

water/gsoji)

TABLE

J

Values

to be

Substituted

for kd

or ks

when Evaluating

Inorganics

as a

Function

of

pH (cm

3

/g

or L/kg

or

cm

3

water/gsoii)

TABLE

K

Parameter

Estimates

for

Calculating

Water-Filled

Soil

Porosity

(Ow)

TABLE

L

J&E

Equations

TABLE

M

J&E Parameters

APPENDIX

D

Highway

Authority

Agreement

APPENDIX

E

Highway

Authority

Agreement

Memorandum

of

Agreement

APPENDIX

F

Environmental

Land

Use

Control

APPENDIX

G

Model

Ordinance

APPENDIX

H

Memorandum

of Understanding

AUTHORITY: Implementing

Sections

22.4, 22.12,

Title

XVI,

and

Title

XVII and

authorized

by

Sections

27

and

58.5

of the

Environmental

Protection

Act [415

ILCS

5/22.4,

22.12,

27,

and

58.5

and

Title XVI

and

Title XVII].

SOURCE: Adopted

in R97-12(A)

at 21111.

Reg. 7942,

effective

July

1,

1997;

amended

in

R97-

12(B)

at

21111.

Reg.

16391,

effective

December

8,

1997;

amended

in R97-12(C)

at

22

111.

Reg.

10847,

effective

June

8, 1998;

amended

in

R00-19(A)

at 25

111.

Reg. 651,

effective

January

6,

2001;

amended

in

RO0-19(B)

at

25 Ill.

Reg.

10374,

effective

August

15,

2001;

amended

in

R00-

19(C)

at

26 Ill.

Reg.

2683,

effective

February

5, 2002;

amended

in R06-10

at

31111. Reg.

4063,

effective

February

23,

2007;

amended

at

Ill. Reg.

effective

NOTE:

Italics

indicates

statutory

language.

SUBPART

A:

INTRODUCTION

Section

742.110

Overview

of

Tiered

Approach

a)

This

Part

presents

an approach

for developing

remediation

objectives

(see

Appendix

A,

Illustrations

A

and

B)

that

include

an option

for exclusion

of

pathways

from further

consideration,

use of

area

background

concentrations

as

remediation

objectives

and three

tiers

for

selecting

applicable

remediation

---

ILLiNOIS

REGISTER

POLLUTION

CONTROL

BOARD

NOTICE

OF

PROPOSED

AMENDMENTS

objectives.

An

understanding

of

human

exposure

routes

is

necessary

to

properly

conduct

an evaluation

under

this

approach.

In

some

cases,

applicable

human

exposure

route(s)

can

be excluded

from

further

consideration

prior

to any

tier

evaluation.

Selecting

which

tier

or combination

of

tiers to

be used

to

develop

remediation

objectives

is dependent

on

the site-specific

conditions

and

remediation

goals.

Tier

1 evaluations

and

Tier

2 evaluations

are

not

prerequisites

to

conducting

Tier

3 evaluations.

b)

A

Tier

1 evaluation

compares

the

concentration

of contaminants

detected

at a

site

to

the corresponding

remediation

objectives

for

residential

and

industriaL

t

commercial

properties

contained

in Appendix

B,

Tables

A, B,

C, D

a4

E

and

G.

To complete

a Tier

1 evaluation,

the

extent

and concentrations

of the

contaminants

of

concern,

the

groundwater

class,

the

land

use classification,

human

exposure

routes

at the

site, and,

if appropriate,

soil pH,

must

be

known.

If

remediation

objectives

are

developed

based

on industrial/commercial

property

use,

then

institutional

controls

under

Subpart

J

are required.

c)

A

Tier

2 evaluation

uses

the

risk

based

equations

from

the Soil

Screening

Level

(SSL

Model)

and Risk

Based

Corrective

Action

(RBCA

Model)

and

modified

Johnson

and Ettinger

Model

(J

&

E Model)

documents

listed

in Appendix

C,

Tables

A ai4

C,

and

L respectively.

In addition

to

the

information

that

is

required

for

a Tier

1 evaluation,

site-specific

information

is

used to

calculate

Tier

2

remediation

objectives.

As in

Tier 1,

Tier 2

evaluates

residential

and

industrial/commercial

properties

only.

If

remediation

objectives

are

developed

based

on industrial/commercial

property

use,

then

institutional

controls

under

Subpart

J

are

required.

d)

A

Tier

3 evaluation

allows

alternative

parameters

and

factors,

not

available

under

a

Tier

1 or Tier

2 evaluation,

to

be

considered

when

developing

remediation

objectives.

Remediation

objectives

developed

for conservation

and

agricultural

properties

can

only

be developed

under

Tier

3.

e)

Remediation

objectives

may be

developed

using area

background

concentrations

or

any

of the

three

tiers if

the

evaluation

is conducted

in accordance

with

applicable

requirements

in

Subparts

D through

I.

When contaminant

concentrations

do not

exceed

remediation

objectives

developed

under

one

of

the

tiers

or area

background

procedures

under

Subpart

D,

further

evaluation

under

any

of the

other

tiers is

not

required.

(Source:

Amended

at

Ill.

Reg.

effective•

---

ILLINOIS

REGISTER

POLLUTION

CONTROL BOARD

NOTICE

OF

PROPOSED

AMENDMENTS

Section

742.115

Key

Elements

To

develop

remediation

objectives

under

this

Part,

the

following key

elements

shall

be

addressed.

a)

Exposure Routes

1)

This

Part

identifies

the

following as potential

exposure

routes

to be

addressed:

A)

Outdoor

Inhalation;

Indoor

Inhalation;

C

B)

Soil

ingestion;

]

G)

Groundwater

ingestion; and

E

D)

Dermal

contact

with

soil.

2)

The

evaluation

of

exposure

routes

under

subsections

(a)(1

)(A),(a)(

1

)(B),

and

(a)(1)(C)

and

(a)(1’j(D)

of

this

Section

is

required

for

all

sites

when

developing

remediation

objectives

or excluding

exposure

pathways.

Evaluation

of the

dermal

contact

exposure

route

is

required

for

use

of

RBCA

equations

in

Appendix

C,

Table

C

or

use

of

formal

risk

assessment

under

Section

742.9

15.

3)

The

groundwater

ingestion

exposure

route

is comprised

of

two

components:

A)

Migration

from

soil

to groundwater

(soil

component);

and

B)

Direct

ingestion

of

groundwater

(groundwater

component).

4

The

indoor

inhalation

exposure

route

is

comprised

of

two

components:

Migration

from

soil

through

soil

gas

to

indoor

air

(soil

component);

and

Migration

from

groundwater

through

soil

gas to

indoor

air

(groundwater

component).

---

ILLINOIS

REGISTER

POLLUTION

CONTROL

BOARD

NOTICE

OF

PROPOSED

AMENDMENTS

b)

Contaminants

of Concern

The

contaminants

of concern

to

be

remediated

depend

on

the

following:

1)

The

materials

and

wastes

managed

at

the

site;

2)

The

extent

of the

no

further

remediation

determination

being

requested

from

the

Agency

pursuant

to

a

specific

program;

and

3)

The

requirements

applicable

to the

specific

program, as listed

at

Section

742.105(b)

under

which

the

remediation

is

being

performed.

c)

Land

Use

The

present

and

post-remediation

uses

of

the

site

where

exposures

may

occur

shall

be

evaluated.

The

land

use

of

a

site,

or

portion

thereof,

shall

be

classified

as

one

of

the

following:

1)

Residential

property;

2)

Conservation

property;

3)

Agricultural

property;

or

4)

Jndustriallcommercial

property.

(Source: Amended

at

Ill.

Reg.

effective

SUBPART

B:

GENERAL

Section

742.200

Definitions

Except

as

stated

in

this

Section,

or

unless

a

different

meaning

of

a

word

or

term

is clear

from

the

context,

the

definition

of

words

or

terms

in

this

Part

shall

be the

same

as that

applied

to

the

same

words

or

terms

in the

Act.

“Act” means

the

Illinois

Environmental

Protection

Act

[415

ILCS

5].

---

ILLINOIS

REGISTER

POLLUTION

CONTROL

BOARD

NOTICE

OF

PROPOSED

AMENDMENTS

“ADL”

means

Acceptable

Detection

Limit,

which

is

the detectable

concentration

of

a substance

that

is

equal

to

the

lowest

appropriate

Practical

Quantitation

Limit

(PQL)

as

defined

in

this

Section.

“Agency”

means

the

Illinois

Environmental

Protection

Agency.

“Agricultural Property”

means

any

real

property

for

which

its

present

or

post

remediation

use

is

for

growing

agricultural

crops

for

food

or

feed

either

as

harvested

crops,

cover

crops

or

as pasture.

This

definition

includes,

-but

is

not

limited

to,

properties

used

for

confinement

or

grazing

of

livestock

or poultry

and

for

silviculture

operations.

Excluded

from

this

definition

are

farm

residences,

farm

outbuildings

and

agrichemical facilities.

“Aquifer” means

saturated

(with

groundwater)

soils

and

geologic

materials

which

are

sufficiently

permeable

to

readily

yield

economically

useful

quantities

of

water

to

wells,

springs, or

streams

under

ordinary

hydraulic

gradients.

(Illinois

Groundwater

Protection

Act

[415

ILCS

5 5/3(a)])

“Area

Background”

means

concentrations

of

regulated

substances

that

are

consistently

present

in the

environment

in

the

vicinity

ofa

site

that

are

the

result

of

natural

conditions or

human

activities,

and

not

the result

solely

ofreleases

at

the

site.

[415

ILCS

5/58.2]

“ASTM”

means

the

American

Society

for

Testing

and

Materials.

“Board”

means

the

Illinois

Pollution

Control

Board.

“Building”

means

a

man-made

structure with

an

enclosing roof

and

enclosing

walls,

except

for

windows

and

doors,

that

is

intended

for

or

supports

any

human

occupancy

for

more

than

six

consecutive

months.

“Building Control

Technology”

means

any

technology,

barrier

or

geologic

material

that

affects

air

flow

or

air

pressure

within

a building

for

purposes

of

reducing

contaminant

migration

to

the

indoor

air.

“Cancer Risk”

means

a

unitless

probability

of

an

individual

developing

cancer

from

a

defined

exposure

rate

and

frequency.

“Cap”

means

a barrier

designed

to

prevent

the

infiltration

of

precipitation

or

other

surface

water,

or

impede

the ingestion

or

inhalation

of

contaminants.

---

ILLINOIS

REGISTER

POLLUTION

CONTROL

BOARD

NOTICE

OF

PROPOSED

AMENDMENTS

“Carcinogen”

means

a

contaminant

that is

classified

as a

category

Al

or A2

carcinogen

by the

American

Conference

of Governmental

Industrial

Hygienists,

a

category

1 or

2A/2B

carcinogen

by

the World

Health

Organization

International

Agency

for

Research

on

Cancer;

a “human

carcinogen”

or

“anticzpated

human

carcinogen”

by

the United

States

Department

of

Health

and Human

Service

National

Toxicological

Program;

or a category

A or

B1/B2

carcinogen

by

the

United

States

Environmental

Protection

Agency

in the

integrated

risk

information

system

or

afinal

rule

issued in

a Federal

Register

notice

by the

USEPA.

[415

ILCS

5/5 8.2]

“Class

I

Groundwater”

means

groundwater

that

meets

the

Class

I:

Potable

Resource

Groundwater

criteria

set forth

in 35

Ill.

Adm.

Code 620.

“Class

II

Groundwater”

means

groundwater

that meets

the

Class

II: General

Resource

Groundwater

criteria

set

forth

in

35 Ill.

Adm. Code

620.

“Conservation

Property”

means

any

real property

for

which

present

or post

remediation

use is

primarily

for

wildlife

habitat.

“Construction Worker”

means

a person

engaged

on

a

temporary

basis

to

perform

work

involving

invasive

construction

activities

including,

but

not

limited

to,

personnel

performing

demolition,

earth-moving,

building,

and

routine

and

emergency

utility

installation

or

repair activities.

“Contaminant of Concern”

or “Regulated

Substance

of

Concern”

means

any

contaminant

that

is

expected

to

be present

at

the site

based

upon

past

and

current

land

uses and

associated

releases

that

are

known

to

the

person

conducting

a

remediation

based

upon

reasonable

inquiry

[415

ILCS

5/58.2]

“County

highway”

means

county

highway

as

defined

in

the

Illinois

Highway

Code,

[605

ILCS

5].

“District

road”

means

district

road

as

defined

in the

Illinois

Highway

Code,

[605

ILCS

5].

“Engineered

Barrier”

means

a barrier

designed

or

verified

using

engineering

practices

that limits

exposure

to or

controls

migration

of

the contaminants

of

concern.

“Environmental Land

Use

Control”

means

an

instrument

that

meets the

requirements

of

this Part

and

is

placed

in

the

chain

of

title

to real

property

that

---

ILLINOIS

REGISTER

POLLUTION

CONTROL

BOARD

NOTICE

OF

PROPOSED

AMENDMENTS

limits

or

places

requirements

upon

the

use

of the

property

for

the

purpose

of

protecting

human

health

or

the

environment,

is

binding

upon

the

property

owner,

heirs,

successors,

assigns,

and

lessees,

and

runs

in

perpetuity

or until

the

Agency

approves, in

writing, removal

of the

limitation

or

requirement

from

the

chain

of

title.

“Exposure

Route”

means

the

transport

mechanism

by

which

a

contaminant

of

concern

reaches

a

receptor.

“Federally

Owned

Property”

means

real

property

owned

in

fee

by

the

United

States

of America

on

which

institutional

controls are

sought to be

placed

in

accordance

with

this

Subpart.

“Federal

Landholding

Entity” means

that

federal

department,

agency,

or

instrumentality

with

the

authority

to occupy

and

control

the

day-to-day

use,

operation

and

management

of Federally

Owned

Property.

“Free

Product” means

a

contaminant

that

is present

as

a non-aqueous

phase

liquid

for

chemicals

whose

melting

point

is

less

than

300

C

(e.g.,

liquid

not

dissolved

in

water).

“GIS”

means

Geographic

Information

System.

“GPS”

means

Global

Positioning

System.

“Groundwater”

means underground

water

which

occurs

within

the

saturated

zone

and

geologic

materials

where

thefluid

pressure

in the

pore

space

is

equal

to

or

greater

than

atmospheric

pressure.

[415

ILCS

5/3.64]

“Groundwater

Quality

Standards”

means

the

standards

for

groundwater

as

set

forth

in

35 Iii.

Adm.

Code

620.

“Hazard

Quotient”

means

the

ratio

of

a

single

substance

exposure

level

during

a

specified

time

period

to

a

reference

dose

for

that

substance

derived

from

a

similar

exposure

period.

“Highway”

means

any

public

way

for

vehicular

travel

which

has

been

laid

out

in

pursuance

of

any

law

ofthis

State,

or

of

the

Territory

of

Illinois,

or

which

has

been

established

by

dedication,

or

used

by

the

public

as a

highway

for

15

years,

or which

has

been

or

may

be

laid

out and

connect

a

subdivision

or

platted

land

with

a

public

highway

and

which

has

been

dedicated

for

the use

of

the

owners

of

---

ILLINOIS

REGISTER

POLLUTION

CONTROL

BOARD

NOTICE

OF

PROPOSED

AMENDMENTS

the

land included

in

the

subdivision

or

platted

land

where

there

has

been

an

acceptance

and

use

under

such

dedication

by such

owners,

and

which

has

not

been

vacated

in

pursuance

oflaw.

The term

“highway”

includes

rights

of

way,

bridges,

drainage

structures,

signs,

guard

rails,

protective

structures

and

all

other

structures

and

appurtenances

necessaiy

or convenient

for

vehicular

traffic.

A

highway

in

a

rural

area

may

be called

a

“road”,

while

a highway

in

a

municipal

area

may

be called

a

“street”.

(Illinois

Highway

Code

[605

JECS

5/2-202])

“Highway

Authority”

means

the Department

of

Transportation

with

respect

to

a

State

highway;

the

Illinois

State

Toll

Highway

with

respect

to a

toll

highway;

the

County

Board

with

respect

to

a county

highway

or a

county

unit

district

road

fa

discretionaryfunction

is

involved

and

the

County

Superintendent

of

Highways

fa

ministerialfunction

is involved;

the Highway

Commissioner

with

respect

to

a

township

or district

road

not in

a county

unit

road

district;

or the

corporate

authorities

ofa

municzpality

with

respect

to

a

municipal

street.

(Illinois

Highway

Code

[605

ILCS

5/2-213])

“Human

Exposure

Pathway”

means

a physical

condition

which

may

allow

for

a

risk

to human

health

based

on the

presence

of all

of

the

following:

contaminants

of

concern;

an

exposure

route;

and

a receptor

activity

at the point

of exposure

that

could

result

in contaminant

of

concern

intake.

“Industrial/Commercial

Property”

means

any

real property

that

does not

meet

the

definition

of

residential

property,

conservation

property

or

agricultural

property.

“Infiltration”

means

the amount

of water

entering

into

the ground

as a result

of

precipitation.

“Institutional

Control”

means

a legal

mechanism

for

imposing

a restriction

on

land

use, as

described

in Subpart

J.

“Land

Use Control

Memoranda

of

Agreement”

mean

agreements

entered

into

between

one

or more

agencies

of the

United

States

and

the

Illinois

Environmental

Protection

Agency

that

limit or

place requirements

upon

the

use

of Federally

Owned

Property

for

the purpose

of protecting

human

health

or the

environment.

“Man-Made

Pathways”

means

constructed

physical

conditions

that may

allow

for

the

transport

of

regulated

substances

including,

but

not limited

to, sewers,

utility

lines,

utility

or

elevator

vaults,

building

foundations,

basements,

crawl

spaces,

drainage

ditches,

or previously

excavated

andfilled

areas,

or

sumps.

[415

ILCS

5/58.2]

---

ILLINOIS

REGISTER

POLLUTION

CONTROL

BOARD

NOTICE

OF

PROPOSED

AMENDMENTS

“Natural

Pathways”

means

natural

physical

conditions

that

may

allowfor

the

transport

of

regulated

substances

including,

but

not

limited

to, soil,

groundwater,

sand

seams

and

lenses,

and gravel

seams

and

lenses.

[415

ILCS

5/58.2]

“Person”

means

an individual,

trust,

firm,

joint

stock

company,

joint

venture,

consortium,

commercial

entity,

corporation

(including

a

government

corporation),

partnership,

association,

state,

municzpality,

commission,

political

subdivision

of

a

state,

or

any

interstate

body

including

the

United

States

government

and

each

department,

agency,

and instrumentality

of

the

United

States.

[415

ILCS

5/58.2]

“Point

of Human

Exposure”

means

the

points

at

which

human

exposure

to

a

contaminant

of concern may

reasonably

be

expected

to occur.

The

point

of

human

exposure

is at

the

source,

unless

an

institutional

control

limiting

human

exposure

for

the

applicable

exposure

route

has

been

or will

be

in place,

in

which

case

the point

of

human

exposure

will

be the

boundary

of

the

institutional

control.

Point

of

human

exposure

may

be at

a different

location

than

the point

of

compliance.

“Populated

Area”

means

an area

within

the boundaries

of

a municipality

that

has

a

population

of

10,000

or

greater

based

on the

year

2000

or

most

recent

census;

or

an

area less

than

three

miles

from

the

boundary

of

a municipality

that

has

a

population

of

10,000

or

greater

based

on the

year

2000

or

most

recent

census.

“Potable”

means

generally

fitfor

human

consumption

in

accordance

with

accepted

water

supply

principles

and

practices.

(Illinois

Groundwater

Protection

Act [415

ILCS

55/3(h)])

“PQL”

means

practical

quantitation

limit

or estimated

quantitation

limit,

which

is

the

lowest

concentration

that

can be

reliably

measured

within

specified

limits

of

precision

and

accuracy

for

a specific

laboratory

analytical

method

during

routine

laboratory

operating

conditions

in

accordance

with

“Test

Methods

for

Evaluating

Solid

Wastes,

Physical/Chemical

Methods”,

EPA

Publication

No.

SW-846,

incorporated

by

reference

in

Section

742.210.

When

applied

to filtered

water

samples,

PQL

includes

the

method

detection

limit

or estimated

detection

limit

in

accordance

with

the applicable

method

revision

in:

“Methods

for

the

Determination

of Organic

Compounds

in

Drinking

Water”,

Supplement

II”,

EPA

---

ILLINOIS

REGISTER

POLLUTION

CONTROL

BOARD

NOTICE OF

PROPOSED

AMENIMENTS

Publication

No.

EPAJ600/4-88/039;

“Methods

for

the

Determination

of Organic

Compounds

in

Drinking

Water,

Supplement

III”,

EPA

Publication

No.

EPA/600/R-95/131,

all

of which

are

incorporated

by

reference

in

Section

742.210.

“RBCA”

means

Risk

Based

Corrective

Action

as

defined

in

ASTM

E-1739-95,

as

incorporated

by

reference

in

Section

742.2

10.

“RCRA”

means

the

Resource

Conservation

and

Recovery

Act

of

1976

(42

U.S.C.

6921).

“Reference

Concentration”

or

“RfC”

means

an

estimate

of a

daily

exposure,

in

units

of

milligrams

of

chemical

per

cubic

meter

of

air

(mg/m(3)),

to the

human

population

(including

sensitive

subgroups)

that

is

likely

to

be

without

appreciable

risk

of

deleterious

effects

during

a portion

of

a

lifetime

(up

to

approximately

seven

years,

subchronic)

or

for a

lifetime

(chronic).

“Reference

Dose”

or “RfD”

means

an

estimate

of a

daily

exposure,

in

units

of

milligrams

of

chemical

per

kilogram

of

body

weight

per

day

(mg/kg/d),

to

the

human

population

(including

sensitive

subgroups)

that

is

likely

to

be

without

appreciable

risk

of

deleterious effects

during

a

portion

of

a lifetime

(up

to

approximately

seven

years,

subchronic)

or

for

a

lifetime

(chronic).

“Regulated

Substance”

means

any

hazardous

substance

as

defined

under

Section

101(14)

of

the

Comprehensive

Environmental

Response,

Compensation,

and

Liability

Act

of1980

(F.L.

96-510)

and

petroleum

products

including

crude

oil

or

any

fraction

thereof

natural

gas,

natural

gas

liquids,

liquefied

natural

gas,

or

synthetic

gas

usable

for

fuel

(or

mixtures

of

natural

gas

and

such

synthetic

gas).

[415

ILCS

5/58.2]

“Residential

Property”

means

any

real

property

that

is used

for habitation

by

individuals,

or where children

have

the

opportunity

for

exposure

to

contaminants

through soil

ingestion

or inhalation

at

educational

facilities,

health

care

facilities,

child

care

facilities

or

outdoor

recreational

areas.

[415

ILCS

5/58.2]

“Right

of

Way”

means

the

land,

or

interest

therein,

acquiredfor

or

devoted

to

a

highway. (Illinois

Highway

Code

[605

ILCS

5/2-2

17])

“Similar-Acting

Chemicals”

are

chemical substances

that

have

toxic

or

harmful

effect

on

the

same

specific

organ

or

organ

system

(see

Appendix

A.Tables

E

and

---

ILLINOIS

REGISTER

POLLUTION

CONTROL

BOARD

NOTICE

OF

PROPOSED

AMEI\DMENTS

F

for a

list of

similar-acting

chemicals

with

noncarcinogenic

and

carcinogenic

effects).

“Site”

means

any single

location,

place,

tract

of

land or

parcel

ofproperty,

or

portion

thereof

including

contiguous

property

separated

by

a public

right-of-way.

415

ILCS

5/58.2]

“Slurry

Wall”

means

a

man-made

barrier

made

of

geologic

material

which

is

constructed

to prevent

or

impede

the

movement

of

contamination

into

a

certain

area.

“Soil

Gas”

means

the

air

existing

in

void

spaces

in the

soil

between

the

groundwater

table

and

the ground

surface.

“Soil

Saturation

Limit”

or

“Csat”

means

the contaminant

soil

pore

air

and

pore

water

are saturated

wnu

ule

chemicai

iiiu

me

adsorptive

limits

of

the

soil

particles

have

been

reached.

the

contaminant

concentration

at

which

the

absorptive

limits

of

the soil

particles,

the solubility

limits

of

the

available

soil

moisture,

and

saturation

of

soil pore

air

have

been

reached.

Above

the

soil saturation

concentration,

the

assumptions

regarding

vapor

transport

to

air

and/or

dissolved

phase

transport

to

groundwater

(for

chemicals

which

are

liquid

at

ambient

soil

temperatures)

do

not

apply,

and

alternative

modeling

approaches

are

required.

“Soil

Vapor

Saturation

Limit”

or

means

the

maximum

vapor

concentration

that

can

exist

in the

soil

pore

air at

a

given

temperature

and

pressure.

“Solubility”

means

a chemical

specific maximum