16

ADL issues and concerns raised by the laboratory community be discussed

between the Agency and interested parties. If necessary, amendments to the

applicable regulatory programs may then be proposed to address any outstanding

issues.

Id

.

The Agency also opposed having the Board hold further hearings or open a sub-docket to

address the laboratory issues. PC 3 at 9. The Agency emphasized that Mr. Thomas and IAETL

“addressed issues that were not part of the Agency’s original proposal.”

Id

. The Agency

maintained:

If and when the laboratories can agree on a concrete approach that is technically

justified, we would invite them to come to the Agency with that unified approach,

and we would be amenable to giving them our input at that time.

Id

.

As the Board noted in its first-notice opinion, the Board greatly appreciates the

participation of IAETL in this rulemaking, as well as that of all the other participants. To be

clear, one of the Agency proposal’s main purposes, as articulated by the Agency, was to update

and improve many technical aspects of TACO. Further, the Agency’s proposal did seek

amendments to TACO tables that include ADLs. When the Board opened this rulemaking

docket, IAETL and all other persons were free to suggest changes to the Board through

testimony and comment, regardless of whether those suggestions might raise unexpected issues.

To proceed otherwise, the Board stated at first notice, could stifle public participation in Board

rulemakings. The Board found in its first-notice decision, however, that given the nature and

scope of IAETL’s proposed changes, neither this docket nor a sub-docket would be appropriate

to address the concerns raised by the laboratories. Nor is the Board, as noted at first notice, in a

position to create a new advisory committee on TACO absent a statutory directive to do so.

Compare

415 ILCS 5/58.11 (2004) (creating SRAC).

As stated at hearing and repeated in the first-notice opinion, any person may propose new

rules or rule amendments to the Board.

See

415 ILCS 5/27, 28 (2004); 35 Ill. Adm. Code 102.

In the past, besides the Agency acting as a rulemaking proponent before the Board, the Board has

received rulemaking proposals from industry associations both singly and jointly with the

Agency. As the Board discussed at first notice, the Board encourages IAETL and the Agency,

and all other interested persons, to work together cooperatively on the ADL issues and, if

necessary, to return to the Board with one or more separate rulemaking proposals.

Correction Factor

The Agency’s original proposal in this rulemaking included these proposed amendments

to Section 742.215(b)(1)(B):

1)

*** The natural organic carbon fraction (f

oc

) shall be either:

A)

A default value of 6000 mg/kg for soils within the top meter and

2000 mg/kg for soils below one meter of the surface; or

---

17

B)

A site-specific value as measured by the analytical method

referenced in Appendix C, Table F, appropriately adjusted to

estimate the fraction of organic carbon, as stated in ASTM D2974-

87, Nelson and Sommers (1982); or by SW-846 Method 9060:

Total Organic Carbon, as incorporated by reference in Section

742.210;

As discussed in the first-notice opinion, the Agency is receptive to the Board adding a

specific

correction factor to the rules for converting total organic matter to total organic carbon,

as suggested by IAETL. PC 3 at 6-7. Mr. Thomas testified that consultants want his laboratory

to provide that correction factor. Tr.2 at 31. The Agency felt that this issue should be resolved

between the laboratories and their clients, but would not object to having a precise factor in the

rules. PC 3 at 6-7.

Specifically, the Agency agreed to modifying Section 742.215(b)(1)(B) by deleting the

proposed words “appropriately adjusted” and replacing them with “multiplied by 0.58,” which

figure is based on the Van Bemmelen correction factor from Nelson and Sommers (1982).

4

PC 3

at 6-7; Tr.1 at 28, 34-35; Tr. 2 at 93-94, 96, 99. According to the Agency, if someone wishes to

use an alternative correction factor, subsection (b)(3) of Section 742.215 allows for approval of

other methods. PC 3 at 7. The Board included the suggested correction factor language in the

first-notice amendments.

Technical Feasibility and Economic Reasonableness

The Agency maintained that the technical feasibility and economic reasonableness of the

TACO rules were established when they were adopted in 1997 and are “only enhanced” with the

updates from this rulemaking, which reflect “new science, technology, and experience.” Stat. of

Reas. at 4. The Agency asserted that TACO has improved economic development by helping to

put “innumerable sites back into productive use.”

Id

. Moreover, the Agency continued, because

TACO is based on risk to human health, TACO has encouraged cleanups by minimizing costs:

“more sites are being cleaned up, threats to human health are decreased, and the economy is

given a boost.”

Id

. As noted, IERG and SRAC support the proposal. Martin PFT2 at 2.

Based on this record, the Board finds that the amendments adopted today are technically

feasible and economically reasonable and will not have an adverse economic impact on the

People of Illinois.

See

415 ILCS 5/27(a), (b) (2004).

4

See

Section 742.210, incorporating by reference Nelson, D.W., and L.E. Sommers. (1982).

Total carbon, organic carbon, and organic matter. In: A.L. Page (ed.), Methods of Soil Analysis.

Part 2. Chemical and Microbiological Properties. 2nd Edition, pp. 539-79, American Society of

Agronomy. Madison, WI.

---

18

CONCLUSION

The Board adopts final amendments to the Part 742 TACO rules. These changes are

needed to update, improve, and correct many provisions of the TACO remediation rules, which

are so critical to addressing the risks posed by contaminated properties in Illinois. Among

today’s more significant amendments are the addition of background soil levels for PAHs,

revisions to protect construction workers at properties cleaned up to residential levels, and

changes to enhance flexibility in using ordinances for excluding the groundwater ingestion

exposure pathway.

Substantively, the Board at first notice adopted the Agency’s proposed amendments,

along with two other language changes suggested by other participants and agreed to by the

Agency: IDOT’s request to not be subject to the new mandatory HAA form; and IAETL’s

request for a specific correction factor to convert total organic matter to total organic carbon.

Since the Board’s first-notice amendments, the Board has made no substantive changes to the

amendments.

ORDER

The Board adopts the following amendments to the TACO rules (35 Ill. Adm. Code 742)

and directs the Clerk to submit the amendments to the Secretary of State for publication in the

Illinois Register

as final rules.

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

---

19

742.215

Determination of Soil Attenuation Capacity

742.220

Determination of Soil Saturation Limit

742.225

Demonstration of Compliance with Remediation Objectives

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

742.310

Inhalation Exposure Route

742.315

Soil Ingestion Exposure Route

742.320

Groundwater Ingestion Exposure Route

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

742.510

Tier 1 Remediation Objectives Tables

SUBPART F: TIER 2 GENERAL EVALUATION

Section

742.600

Tier 2 Evaluation Overview

742.605

Land Use

742.610

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

742.710

SSL Soil Equations

742.715

RBCA Soil Equations

742.720

Chemicals with Cumulative Noncarcinogenic Effects

SUBPART H: TIER 2 GROUNDWATER EVALUATION

---

20

Section

742.800

Tier 2 Groundwater Evaluation Overview

742.805

Tier 2 Groundwater Remediation Objectives

742.810

Calculations to Predict Impacts from Remaining Groundwater Contamination

SUBPART I: TIER 3 EVALUATION

Section

742.900

Tier 3 Evaluation Overview

742.905

Modifications of Parameters

742.910

Alternative Models

742.915

Formal Risk Assessments

742.920

Impractical Remediation

742.925

Exposure Routes

742.930

Derivation of Toxicological Data

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 MemorandaMemorandums 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

APPENDIX A

General

ILLUSTRATION A Developing Soil Remediation Objectives Under the Tiered Approach

ILLUSTRATION B Developing Groundwater Remediation Objectives Under the Tiered

Approach

TABLE A Soil Saturation Limits (C

sat

) for Chemicals Whose Melting Point is Less than

30°C

TABLE B Tolerance Factor (K)

TABLE C Coefficients {A

N-I+1

} for W Test of Normality, for N=2(1)50

TABLE D Percentage Points of the W Test for n=3(1)50

TABLE E Similar-Acting Noncarcinogenic Chemicals

---

21

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 Chemicals Whose Tier 1 Class I Groundwater Remediation

Objective Exceeds the 1 in 1,000,000 Cancer Risk Concentration

TABLE I Chemicals Whose Tier 1 Class I Groundwater Remediation Objective Exceeds

the 1 in 1,000,000 Cancer Risk Concentration

APPENDIX B Tier 1 Illustrations and

Tables and Illustrations

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 Inorganics 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

APPENDIX C Tier 2 Illustrations and Tables and Illustrations

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

TABLE D RBCA Parameters

TABLE E 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

oc

Values for Ionizing Organics as a Function of pH (cm

3

/g or L/kg or

cm

3

water

/g

soil

)

TABLE J

Values to be Substituted for k

d

or k

s

when Evaluating Inorganics as a Function

of pH (cm

3

/g or L/kg or cm

3

water

/g

soil

)

TABLE K Parameter Estimates for Calculating Water-Filled Soil Porosity (θ

w

)

APPENDIX D

Highway Authority Agreement

APPENDIX E

Highway Authority Agreement Memorandum of Agreement

APPENDIX F Environmental Land Use Control

---

22

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 21 Ill. Reg. 7942, effective July 1, 1997; amended in R97-

12(B) at 21 Ill. Reg. 16391, effective December 8, 1997; amended in R97-12(C) at 22 Ill. Reg.

10847, effective June 8, 1998; amended in R00-19(A) at 25 Ill. Reg. 651, effective January 6,

2001; amended in R00-19(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 at 30 Ill. Reg. ________,

effective ____________________.

NOTE: Italics Capitalization indicates statutory language.

SUBPART A: INTRODUCTION

Section 742.105

Applicability

a)

Any person, including a person required to perform an investigation pursuant to

the Illinois Environmental Protection Act [(415 ILCS 5)] (Act), may elect to

proceed under this Part to the extent allowed by State or federal law and

regulations and the provisions of this Part and subject to the exceptions listed in

subsection (h) below. A person proceeding under this Part may do so to the

extent such actions are consistent with the requirements of the program under

which site remediation is being addressed.

b)

This Part is to be used in conjunction with the procedures and requirements

applicable to the following programs:

1)

Leaking Underground Storage Tanks (35 Ill. Adm. Code 731,

and 732,

and 734);

2)

Site Remediation Program (35 Ill. Adm. Code 740); and

3) RCRA Part B Permits and Closure Plans (35 Ill. Adm. Code 724 and 725).

c)

The procedures in this Part may not be used if their use would delay response

action to address imminent and substantial threats to human health and the

environment. This Part may only be used after actions to address such threats

have been completed.

d)

This Part may be used to develop remediation objectives to protect surface waters,

sediments or ecological concerns, when consistent with the regulations of other

programs, and as approved by the Agency.

---

23

e)

A no further remediation determination issued by the Agency prior to July 1, 1997

pursuant to Section 4(y) of the Act or one of the programs listed in subsection (b)

of this Section that approves completion of remedial action relative to a release

shall remain in effect in accordance with the terms of that determination.

f)

Site specific groundwater remediation objectives determined under this Part for

contaminants of concern may exceed the groundwater quality standards

established pursuant to the rules promulgated under the Illinois Groundwater

Protection Act [(415 ILCS 55)] as long as done in accordance with Sections

742.805 and 742.900(c)(9). (See 415 ILCS 5/58.5(d)(4)

g)

Where contaminants of concern include polychlorinated byphenyls (PCBs), a

person may need to evaluate the applicability of regulations adopted under the

Toxic Substances Control Act (15 U.S.C. 2601).

h)

This Part may not be used in lieu of the procedures and requirements applicable to

landfills under 35 Ill. Adm. Code 807 or 811 through 814.

(Source: Amended at 30 Ill. Reg. ________, effective ____________________)

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

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/commercial properties contained in Appendix B, Tables A, B, C, D and

E. 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) and Risk Based Corrective Action (RBCA) documents listed in Appendix

C, Tables A and C, 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

---

24

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 30 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] .

"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 55/3(a)])

"Area Background" means

concentrations of regulated substances that are

consistently present in the environment in the vicinity of a site that are the result

---

25

of natural conditions or human activities, and not the result solely of releases at

the site

. [415 ILCS 5/58.2]

"ASTM" means the American Society for Testing and Materials.

"Board" means the Illinois Pollution Control Board.

"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.

"Carcinogen" means

a contaminant that is classified as a category A1 or A2

carcinogen by the American Conference of Governmental Industrial Hygienists; a

category

1 or

2A/2B carcinogen by the World Health Organization's International

Agency for Research on Cancer; a "human carcinogen" or "anticipated 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 a final rule issued in a Federal Register notice by the USEPA

. [415

ILCS 5/58.2]

"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].

---

26

"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

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 30° 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 the fluid 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 Ill. 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 of this 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

the land included in the subdivision or platted land where there has been an

---

27

acceptance and use under such dedication by such owners, and which has not

been vacated in pursuance of law. The term "highway" includes rights of way,

bridges, drainage structures, signs, guard rails, protective structures and all

other structures and appurtenances necessary 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 ILCS 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 if a

discretionary function is involved and the County Superintendent of Highways if a

ministerial function is involved; the Highway Commissioner with respect to a

township or district road not in a county unit road district; or the corporate

authorities of a municipality 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 Memorandums 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 vaults, building foundations, basements, crawl spaces, drainage

ditches, or previously excavated and filled areas

. [415 ILCS 5/58.2]

"Natural Pathways" means

natural

physical conditions that may allow

for 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

---

28

corporation), partnership, association, state, municipality, 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 fit for 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

Publication No. EPA/600/4-88/039; "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 742.210.

"RCRA" means the Resource Conservation and Recovery Act of 1976 (42 U

.S

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

---

29

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 of 1980 (P.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, acquired for or devoted to a

highway

. (Illinois Highway Code)

[605 ILCS 5/2-217]))

"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

F for a list of similar-acting chemicals with noncarcinogenic and carcinogenic

effects).

"Site" means

any single location, place, tract of land or parcel of property, 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 Saturation Limit” or

“C

sat

(C[sat]" means the contaminant concentration at

which soil pore air and pore water are saturated with the chemical and the

adsorptive limits of the soil particles have been reached.

"Solubility" means a chemical specific maximum amount of solute that can

dissolve in a specific amount of solvent (groundwater) at a specific temperature.

"SPLP" means Synthetic Precipitation Leaching Procedure (Method 1312) as

published in "Test Methods for Evaluating Solid Waste, Physical/Chemical

Methods", USEPA Publication No. SW-846, as incorporated by reference in

Section 742.210.

---

30

"SSL" means Soil Screening Levels as defined in USEPA's Soil Screening

Guidance: User's Guide and Technical Background Document, as incorporated by

reference in Section 742.210.

“State highway” means State highway as defined in the Illinois Highway Code

[605 ILCS 5].

"Stratigraphic Unit" means a site-specific geologic unit of native deposited

material and/or bedrock of varying thickness (e.g., sand, gravel, silt, clay,

bedrock, etc.). A change in stratigraphic unit is recognized by a clearly distinct

contrast in geologic material or a change in physical features within a zone of

gradation. For the purposes of this Part, a change in stratigraphic unit is identified

by one or a combination of differences in physical features such as texture,

cementation, fabric, composition, density, and/or permeability of the native

material and/or bedrock.

“Street” means street as defined in the Illinois Highway Code [605 ILCS 5].

"TCLP" means Toxicity Characteristic Leaching Procedure (Method 1311) as

published in "Test Methods for Evaluating Solid Waste, Physical/Chemical

Methods", USEPA Publication No. SW-846, as incorporated by reference in

Section 742.210.

“Toll highway” means toll highway as defined in the Illinois Highway Code [605

ILCS 5].

"Total Petroleum Hydrocarbon” or “(TPH)" means the additive total of all

petroleum hydrocarbons found in an analytical sample.

“Township road” means township road as defined in the Illinois Highway Code

[605 ILCS 5].

"Volatile Organic Compounds” or

“(VOCs)" means organic chemical analytes

identified as volatiles as published in "Test Methods for Evaluating Solid Waste,

Physical/Chemical Methods", USEPA Publication No. SW-846 (incorporated by

reference in Section 742.210), method numbers 8010, 8011, 8015B8015, 8020,

8021B8021, 8030, 8031, 8240, 8260B8260, 8315A8315, and 8316. For analytes

not listed in any category in those methods, those analytes which have a boiling

point less than 200

o

C and a vapor pressure greater than 0.1 Torr (mm Hg) at 20°

C.

(Source: Amended at 30 Ill. Reg. ________, effective ____________________)

Section 742.210

Incorporations by Reference

a)

The Board incorporates the following material by reference:

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31

ASTM. American Society for Testing and Materials, 100 Barr Harbor Drive,

West Conshohocken, PA 19428-2959. (610) 832-9585. 1916 Race Street,

Philadelphia, PA 19103 (215) 299-5400.

ASTM D 2974-0087

, Standard Test Methods for Moisture, Ash and

Organic Matter of Peat and Other Organic Soils, approved August 10,

2000 May 29, 1987 (reapproved 1995).

ASTM D 2488-0093, Standard Practice for Description and Identification

of Soils (Visual-Manual Procedure), approved February 10, 2000

September 15, 1993.

ASTM D 1556-0090

, Standard Test Method for Density and Unit Weight

of Soil in Place by the Sand-Cone Method, approved March 10, 2000 June

29, 1990.

ASTM D 2167-94, Standard Test Method for Density and Unit Weight of

Soil in Place by the Rubber Balloon Method, approved March 15, 1994.

ASTM D 2922-0191, Standard Test Methods for Density of Soil and Soil-

Aggregate in Place by Nuclear Methods (Shallow Depth), approved June

10, 2001 December 23, 1991.

ASTM D 2937-00e194, Standard Test Method for Density of Soil in Place

by the Drive-Cylinder Method, approved June 10, 2000 June 15, 1994.

ASTM D 854-0292, Standard Test Methods Method for Specific Gravity

of Soil Solids by Water Pycnometer Soils, approved July 10, 2002

November 15, 1992.

ASTM D 2216-9892, Standard Test Method for Laboratory Determination

of Water (Moisture) Content of Soil and Rock by Mass

, approved

February 10, 1998 June 15, 1992.

ASTM D 4959-0089, Standard Test Method for Determination of Water

(Moisture) Content of Soil by Direct Heating

Method, approved March 10,

2000

June 30, 1989 (reapproved 1994).

ASTM D 4643-0093, Standard Test Method for Determination of Water

(Moisture) Content of Soil by the Microwave Oven Method, approved

February 10, 2000July 15, 1993.

ASTM D 5084-0390

, Standard Test Methods Method for Measurement of

Hydraulic Conductivity of Saturated Porous Materials Using a Flexible

Wall Permeameter, approved November 1, 2003

June 29, 1990.

---

32

ASTM D 422-63 (2002), Standard Test Method for Particle-Size Analysis

of Soils, approved November 10, 2002 November 21, 1963 (reapproved

1990).

ASTM D 1140-0092

, Standard Test Methods Method for Amount of

Material in Soils Finer than the No. 200 (75

μm)

Sieve, approved June 10,

2000 November 15, 1992.

ASTM D 3017-0188

, Standard Test Method for Water Content of Soil and

Rock in Place by Nuclear Methods (Shallow Depth), approved June 10,

2001 May 27, 1988.

ASTM D 4525-90 (2001), Standard Test Method for Permeability of

Rocks by Flowing Air, approved May 25, 1990.

ASTM D 2487-0093, Standard Test Method for Classification of Soils for

Engineering Purposes (Unified Soil Classification System), approved

March 10, 2000 September 15, 1993.

ASTM E 1527-0093, Standard Practice for Environmental Site

Assessments: Phase I Environmental Site Assessment Process, approved

May 10, 2000 March 15, 1993. Vol. 11.04.

ASTM E 1739-95 (2002), Standard Guide for Risk-Based Corrective

Action Applied at Petroleum Release Sites, approved September 10, 1995.

Barnes, Donald G. and Dourson, Michael. (1988). Reference Dose (RfD):

Description and Use in Health Risk Assessments. Regulatory Toxicology and

Pharmacology. 8, 471-486.

GPO. Superintendent of Documents, U.S. Government Printing Office,

Washington, DC 20401, (202) 783-3238.

USEPA Guidelines for Carcinogenic Risk Assessment, 51 Fed. Reg.

33992-34003 (September 24, 1986).

"Test Methods for Evaluating Solid Waste, Physical/Chemical Methods",

USEPA Publication number SW-846 (Third Edition, Final Update IIIA,

April 1998), as amended by Updates I, IIA, III, and IIIA (Document No.

955-001-00000-1).

"Methods for the Determination of Organic Compounds in Drinking

Water", EPA Publication No. EPA/600/4-88/039 (December 1988

(Revised July 1991)).

“Methods for the Determination of Organic Compounds in Drinking

Water, Supplement I”, EPA Publication No. EPA/600/4-90/020 (July

1990).

---

33

"Methods for the Determination of Organic Compounds in Drinking

Water, Supplement II", EPA Publication No. EPA/600/R-92/129 (August

1992).

"Methods for the Determination of Organic Compounds in Drinking

Water, Supplement III", EPA Publication No. EPA/600/R-95/131 (August

1995).

“Guidance for Data Quality Assessment, Practical Methods for Data

Analysis, EPA QA/G-9, QAOO Update,” EPA/600/R-96/084 (July 2000).

Available at www.epa.gov/quality/qs-docs/g9-final.pdf.

IRIS. Integrated Risk Information System, National Center for Environmental

Assessment, U.S. Environmental Protection Agency, 26 West Martin Luther King

Drive, MS-190, Cincinnati, OH 45268, (513) 569-7254.

"Reference Dose (RfD): Description and Use in Health Risk

Assessments", Background Document 1A (March 15, 1993).

"EPA Approach for Assessing the Risks Associated with Chronic

Exposures to Carcinogens", Background Document 2 (January 17, 1992).

Nelson, D.W., and L.E. Sommers

. (1982). Total carbon, organic carbon, and

organic matter. In: A.L. Page (ed.), Methods of Soil Analysis. Part 2. Chemical

and Microbiological Properties. 2nd Edition, pp. 539-579, American Society of

Agronomy. Madison, WI.

NTIS. National Technical Information Service, 5285 Port Royal Road,

Springfield, VA 22161, (703) 487-4600.

“Calculating Upper Confidence Limits for Exposure Point Concentrations

at Hazardous Waste Sites,” USEPA Office of Emergency and Remedial

Response, OSWER 9285.6-10 (December 2002), PB 2003-104982.

"Dermal Exposure Assessment: Principles and Applications", EPA

Publication No. EPA/600/8-91/011B (January 1992).

"Exposure Factors Handbook", EPA Publication No. EPA/600/8-89/043

(July 1989).

“Exposures Factors Handbook, Vol. I: General Factors”, EPA Publication

No. EPA/600/P-95/002Fa (August 1997).

“Exposures Factors Handbook, Vol. II: Food Ingestion Factors”, EPA

Publication No. EPA/600/P-95/002Fb (August 1997).

“Exposures Factors Handbook, Vol. III: Activity Factors”, EPA

Publication No. EPA/600/P-95/002Fc (August 1997).

---

34

"Risk Assessment Guidance for Superfund, Vol. I: ; Human Health

Evaluation Manual, Supplemental Guidance: Standard Default Exposure

Factors", OSWER Directive 9285.6-03 (March 1991).

"Rapid Assessment of Exposure to Particulate Emissions from Surface

Contamination Sites," EPA Publication No. EPA/600/8-85/002 (February

1985), PB 85-192219.

"Risk Assessment Guidance for Superfund, Volume I:; Human Health

Evaluation Manual (Part A)", Interim Final, EPA Publication No.

EPA/540/1-89/002 (December 1989).

"Risk Assessment Guidance for Superfund, Volume I:; Human Health

Evaluation Manual, Supplemental Guidance, Dermal Risk Assessment

Interim Guidance", Draft (August 18, 1992).

“Risk Assessment Guidance for Superfund, Vol. I: Human Health

Evaluation Manual (Part E, Supplemental Guidance for Dermal Risk

Assessment) Interim”, EPA Publication No. EPA/540/R/99/005

(September 2001).

"Soil Screening Guidance: Technical Background Document", EPA

Publication No. EPA/540/R-95/128, PB 96-963502 (May 1996).

"Soil Screening Guidance: User's Guide", EPA Publication No.

EPA/540/R-96/018, PB 96-963505 (April 1996).

"Superfund Exposure Assessment Manual", EPA Publication No.

EPA/540/1-88/001 (April 1988).

“Supplemental Guidance for Developing Soil Screening Levels for

Superfund Sites”, OSWER Directive 9355.4-24 (December 2002).

Polynuclear Aromatic Hydrocarbon Background Study, City of Chicago, Illinois,

Tetra Tech Em Inc., 200 E. Randolph Drive, Suite 4700, Chicago, IL 60601,

February 24, 2003.

Polycyclic Aromatic Hydrocarbons (PAHs) in Surface Soil in Illinois:

Background PAHs, EPRI, Palo Alto, CA, We Energies, Milwaukee, WI, and

IEPA, Springfield, IL: 2004. 1011376. EPRI, 3412 Hillview Avenue, Palo Alto,

CA 94304, (800) 313-3774.

RCRA Facility Investigation Guidance, Interim Final, developed by USEPA

(EPA 530/SW-89-031), 4 volumes (May 1989).

United States Environmental Protection Agency, Office of Environmental

Information (2000). “Guidance for Data Quality Assessment, Practical Methods

for Data Analysis,” EPA QA/G-9, QAOO update. EPA Publication No.

---

35

EPA/600/R-96-084. (Available online at

www.epa.gov/oswer/riskassessment/pdf/ucl.pdf).

b)

CFR (Code of Federal Regulations). Available from the Superintendent of

Documents, U.S. Government Printing Office, Washington, D.C. 20402

(202)783-3238:

40 CFR 761 (1998).

c)

This Section incorporates no later editions or amendments.

(Source: Amended at 30 Ill. Reg. ________, effective ____________________)

Section 742.215

Determination of Soil Attenuation Capacity

a)

The concentrations of organic contaminants of concern remaining in the soil shall

not exceed the attenuation capacity of the soil, as determined under subsection (b)

of this Section.

b)

The soil attenuation capacity is not exceeded if:

1)

The sum of the organic contaminant residual concentrations analyzed for

the purposes of the remediation program for which the analysis is

performed, at each discrete sampling point, is less than the natural organic

carbon fraction of the soil. If the information relative to the concentration

of other organic contaminants is available, such information shall be

included in the sum. The natural organic carbon fraction (f

oc

) shall be

either:

A)

A default value of 6000 mg/kg for soils within the top meter and

2000 mg/kg for soils below one meter of the surface; or

B)

A site-specific value as measured by the analytical method

referenced in Appendix C, Table F, multiplied by 0.58 to estimate

the fraction of organic carbon, as stated in ASTM D2974-87,

Nelson and Sommers (1982) or by SW-846 Method 9060: Total

Organic Carbon, as incorporated by reference in Section 742.210;

2)

The total petroleum hydrocarbon concentration is less than the natural

organic carbon fraction of the soil as demonstrated using a method

approved by the Agency. The method selected shall be appropriate for the

contaminants of concern to be addressed; or

3)

Another method, approved by the Agency, shows that the soil attenuation

capacity is not exceeded.

(Source: Amended at 30 Ill. Reg. ________, effective ____________________)

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36

Section 742.220

Determination of Soil Saturation Limit

a)

For any organic contaminant that has a melting point below 30

o

C, the remediation

objective for the inhalation exposure route developed under Tier 2 shall not

exceed the soil saturation limit, as determined under subsection (c) of this Section.

b)

For any organic contaminant that has a melting point below 30

o

C, the remediation

objective under Tier 2 for the soil component of the groundwater ingestion

exposure route shall not exceed the soil saturation limit, as determined under

subsection (c) of this Section.

c)

The soil saturation limit shall be:

1)

The value listed in Appendix A, Table A for that specific contaminant;

2)

A value derived from Equation S29 in Appendix C, Table A; or

3)

A value derived from another method approved by the Agency.

(Source: Amended at 30 Ill. Reg. ________, effective ____________________)

Section 742.225

Demonstration of Compliance with Remediation Objectives

Compliance is achieved if each sample result does not exceed that respective remediation

objective unless a person elects to proceed under subsections (c), (d) and (e) of this Section.

a)

Compliance with groundwater remediation objectives developed under Subparts

D through F and H through I shall be demonstrated by comparing the contaminant

concentrations of discrete samples at each sample point to the applicable

groundwater remediation objective. Sample points shall be determined by the

program under which remediation is performed.

b)

Unless the person elects to composite samples or average sampling results as

provided in subsections (c) and (d) of this Section, compliance with soil

remediation objectives developed under Subparts D through G and I shall be

demonstrated by comparing the contaminant concentrations of discrete samples to

the applicable soil remediation objective.

1)

Except as provided in subsections (c) and (d) of this Section, compositing

of samples is not allowed.

2)

Except as provided in subsections (c) and (d) of this Section, averaging of

sample results is not allowed.

3)

Notwithstanding subsections (c) and (d) of this Section, compositing of

samples and averaging of sample results is not allowed for the

construction worker population.

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37

4)

The number of sampling points required to demonstrate compliance is

determined by the requirements applicable to the program under which

remediation is performed.

c)

If a person chooses to composite soil samples or average soil sample results to

demonstrate compliance relative to the soil component of the groundwater

ingestion exposure route, the following requirements apply:

1)

A minimum of two sampling locations for every 0.5 acre of contaminated

area is required, with discrete samples at each sample location obtained at

every two feet of depth, beginning at six inches below the ground surface

for surface contamination and at the upper limit of contamination for

subsurface contamination and continuing through the zone of

contamination. Alternatively, a sampling method may be approved by the

Agency based on an appropriately designed site-specific evaluation.

Samples obtained at or below the water table shall not be used in

compositing or averaging.

2)

For contaminants of concern other than volatile organic contaminants:

A)

Discrete samples from the same boring may be composited; or.

B)

Discrete sample results from the same boring may be averaged.

3)

For volatile organic contaminants:

A)

Compositing of samples is not allowed.

B)

Discrete sample results from the same boring may be averaged.

4)

Composite samples may not be averaged. An arithmetic average may be

calculated for discrete samples collected at every two feet of depth

through the zone of contamination as specified above in subsection (c)(1)

of this Section.

d)

If a person chooses to composite soil samples or average soil sample results to

demonstrate compliance relative to the inhalation exposure route or ingestion

exposure route, the following requirements apply:

1)

A person shall submit a sampling plan for Agency approval, based upon a

site-specific evaluation;

2)

For volatile organic compounds, compositing of samples is not allowed;

and

3)

All samples shall be collected within the contaminated area.

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38

4)

Composite samples may not be averaged. Procedures specified in

“Calculating Upper Confidence Limits for Exposure Point Concentrations

at Hazardous Waste Sites”, USEPA Office of Emergency and Remedial

Response, OSWER 9285.6-10 (December 2002), as incorporated by

reference in Section 742.210, or an alternative procedure approved by the

Agency, shall be used to determine sample averages.

e)

When averaging under this Section, if no more than 15% 50% of sample results

are reported as "non-detect", "no contamination", "below detection limits", or

similar terms, such results shall be included in the averaging calculations

calculation as one-half of the reported analytical detection limit for the

contaminant. However, when performing a test for normal or lognormal

distribution for the purpose of calculating a 95% Upper Confidence Limit of the

mean for a contaminant, a person may substitute for each non-detect value a

randomly generated value between, but not including, zero and the reported

analytical detection limit. If more than 15% 50% of sample results are "non-

detect", procedures specified in “Guidance for Data Quality Assessment, Practical

Methods for Data Analysis, EPA QA/G-9, QA00 Update”, EPA/600/R-96/084

(July 2000), as incorporated by reference in Section 742.210, or an alternative

procedure approved by the Agency shall be used to address the non-detect values,

or another statistically valid procedure approved by the Agency may be used to

determine an average.

f)

All soil samples collected after August 15, 2001, shall be reported on a dry weight

basis for the purpose of demonstrating compliance, with the exception of the

TCLP and SPLP and the property pH.

(Source: Amended at 30 Ill. Reg. _______, effective __________)

SUBPART C: EXPOSURE ROUTE EVALUATIONS

Section 742.305

Contaminant Source and Free Product Determination

No exposure route shall be excluded from consideration relative to a contaminant of concern

unless the following requirements are met:

a)

The sum of the concentrations of all organic contaminants of concern shall not

exceed the attenuation capacity of the soil as determined under Section 742.215;

b)

The concentrations of any organic contaminants of concern remaining in the soil

shall not exceed the soil saturation limit as determined under Section 742.220;

c)

Any soil which contains contaminants of concern shall not exhibit any of the

characteristics of reactivity for hazardous waste as determined under 35 Ill. Adm.

Code 721.123;

d)

Any soil which contains contaminants of concern shall not exhibit a pH less than

or equal to 2.0 or greater than or equal to 12.5, as determined by SW-846 Method

---

39

9040B: pH Electrometric for soils with 20% or greater aqueous (moisture) content

or by SW-846 Method 9045C: Soil pH for soils with less than 20% aqueous

(moisture) content as incorporated by reference in Section 742.210;

e)

Any soil which contains contaminants of concern in the following list of inorganic

chemicals or their salts shall not exhibit any of the characteristics of toxicity for

hazardous waste as determined by 35 Ill. Adm. Code 721.124, or an alternative

method approved by the Agency: arsenic, barium, cadmium, chromium, lead,

mercury, selenium or silver; and

f)

If contaminants of concern include polychlorinated biphenyls (PCBs), the

concentration of any PCBs in the soil shall not exceed 50 parts per million as

determined by SW-846 Methods.

(Source: Amended at 30 Ill. Reg. ________, effective ____________________)

Section 742.320

Groundwater Ingestion Exposure Route

The groundwater ingestion exposure route may be excluded from consideration if:

a)

The requirements of Sections 742.300 and 742.305 are met;

b)

The corrective action measures have been completed to remove any free product

to the maximum extent practicable;

c)

The source of the release is not located within the minimum or designated

maximum setback zone or within a regulated recharge area of a potable water

supply well;

d)

As demonstrated in accordance with Section 742.1015, for any area within the

measured and modeled extent of groundwater contamination above what would

otherwise be the applicable Tier 1 groundwater remediation objectives, for any

area within 2500 feet from the source of the release, an ordinance adopted by a

unit of local government is in place that effectively prohibits the installation of

potable water supply wells (and the use of such wells);

e)

As demonstrated using Equation R26, in Appendix C, Table C, in accordance

with Section 742.810, the concentration of any contaminant of concern in

groundwater within the minimum or designated maximum setback zone of an

existing potable water supply well will meet the applicable Tier 1 groundwater

remediation objective; and

f)

As demonstrated using Equation R26, in Appendix C, Table C, in accordance

with Section 742.810, the concentration of any contaminant of concern in

groundwater discharging into a surface water will meet the applicable surface

water quality standard under 35 Ill. Adm. Code 302.

(Source: Amended at 30 Ill. Reg. ________, effective ____________________)

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40

SUBPART D: DETERMINING AREA BACKGROUND

Section 742.415

Use of Area Background Concentrations

a)

A person may request that area background concentration determined pursuant to

Sections 742.405 and 742.410 be used according to the provisions of subsection

(b) of this Section. Such request shall address the following:

1)

The natural or man-made pathways of any suspected off-site

contamination reaching the site;

2)

Physical and chemical properties of suspected off-site contaminants of

concern reaching the site; and

3)

The location and justification of all background sampling points.

b)

Except as specified in subsections (c) and (d) of this Section, an area background

concentration may be used as follows:

1)

To support a request to exclude a chemical as a contaminant of concern

from further consideration for remediation at a site due to its presence as a

result of background conditions; or

2)

As a remediation objective for a contaminant of concern at a site in lieu of

an objective developed pursuant to the other procedures of this Part.

c)

An area background concentration shall not be used

in the event that the Agency

has determined in writing that the background level for a regulated substance

poses an acute threat to human health or the environment at the site when

considering the post-remedial action land use.

IN THE EVENT THAT THE

AGENCY HAS DETERMINED IN WRITING THAT THE BACKGROUND

LEVEL FOR A REGULATED SUBSTANCE POSES AN ACUTE THREAT TO

HUMAN HEALTH OR THE ENVIRONMENT AT THE SITE WHEN

CONSIDERING THE POST-REMEDIAL ACTION LAND USE. (Section

58.5(b)(3) of the Act)

d)

In the event that the concentration of a regulated substance of concern on the site

exceeds a remediation objective adopted by the Board for residential land use, the

property may not be converted to residential use unless such remediation

objective or an alternative risk-based remediation objective for that regulated

substance of concern is first achieved.

IN THE EVENT THAT THE

CONCENTRATION OF A REGULATED SUBSTANCE OF CONCERN ON

THE SITE EXCEEDS A REMEDIATION OBJECTIVE ADOPTED BY THE

BOARD FOR RESIDENTIAL LAND USE, THE PROPERTY MAY NOT BE

CONVERTED TO RESIDENTIAL USE UNLESS SUCH REMEDIATION

OBJECTIVE OR AN ALTERNATIVE RISK-BASED REMEDIATION

OBJECTIVE FOR THAT REGULATED SUBSTANCE OF CONCERN IS

---

41

FIRST ACHIEVED. If the land use is restricted, there shall be an institutional

control in place in accordance with Subpart J. (Section 58.5(b)(2) of the Act)

(Source: Amended at 30 Ill. Reg. ________, effective ____________________)

SUBPART E: TIER 1 EVALUATION

Section 742.505

Tier 1 Soil and Groundwater Remediation Objectives

a)

Soil

1)

Inhalation Exposure Route

A)

The Tier 1 soil remediation objectives for this exposure route

based upon residential property use are listed in Appendix B, Table

A.

B)

The Tier 1 soil remediation objectives for this exposure route

based upon industrial/commercial property use are listed in

Appendix B, Table B. Soil remediation objective determinations

relying on this table require use of institutional controls in

accordance with Subpart J.

2)

Ingestion Exposure Route

A)

The Tier 1 soil remediation objectives for this exposure route

based upon residential property use are listed in Appendix B, Table

A.

B)

The Tier 1 soil remediation objectives for this exposure route

based upon industrial/commercial property use are listed in

Appendix B, Table B. Soil remediation objective determinations

relying on this table require use of institutional controls in

accordance with Subpart J.

3)

Soil Component of the Groundwater Ingestion Route

A)

The Tier 1 soil remediation objectives for this exposure route

based upon residential property use are listed in Appendix B, Table

A.

B)

The Tier 1 soil remediation objectives for this exposure route

based upon industrial/commercial property use are listed in

Appendix B, Table B.

---

42

C)

The pH-dependent Tier 1 soil remediation objectives for identified

ionizable organics or inorganics for the soil component of the

groundwater ingestion exposure route (based on the total amount

of contaminants present in the soil sample results and groundwater

classification) are provided in Appendix B, Tables C and D.

D)

Values used to calculate the Tier 1 soil remediation objectives for

this exposure route are listed in Appendix B, Table F.

4)

Evaluation of the dermal contact with soil exposure route is not required

under Tier 1.

b)

Groundwater

1)

The Tier 1 groundwater remediation objectives for the groundwater

component of the groundwater ingestion route are listed in Appendix B,

Table E.

2)

The Tier 1 groundwater remediation objectives for this exposure route are

given for Class I and Class II groundwaters, respectively.

3)

The evaluation of 35 Ill. Adm. Code 620.615 regarding mixtures of

similar-acting chemicals shall be considered satisfied for Class I

groundwater at the point of human exposure if:

A)

No more than one similar-acting noncarcinogenic chemical as

listed in Appendix A, Table E is detected in the groundwater at the

site; and

B)

No carcinogenic contaminant of concern as listed in Appendix A,

Table I

H is detected in any groundwater sample associated with

the site, using analytical procedures capable of achieving either the

1 in 1,000,000 cancer risk concentration or the ADL, whichever is

greater.

4)

If the conditions of subsection (b)(3) of this Section are not met, the Class

I groundwater remediation objectives set forth in Appendix B, Table E

shall be corrected for the cumulative effect of mixtures of similar-acting

chemicals using the following methodologies:

A)

For noncarcinogenic chemicals, the methodologies set forth at

Section 742.805(c) or Section 742.915(h) shall be used; and

B)

For carcinogenic chemicals, the methodologies set forth at Section

742.805(d) or Section 742.915(h) shall be used.

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43

SOURCE: Amended at 30 Ill. Reg. __________, effective _________.

Section 742.510

Tier 1 Remediation Objectives Tables

a)

Soil remediation objectives are listed in Appendix B, Tables A, B, C and D.

1)

Appendix B, Table A is based upon residential property use.

A)

The first column to the right of the chemical name lists soil

remediation objectives for the soil ingestion exposure route.

B)

The second column lists the soil remediation objectives for the

inhalation exposure route.

C)

The third and fourth columns list soil remediation objectives for

the soil component of the groundwater ingestion exposure route for

the respective classes of groundwater:

i)

Class I groundwater; and

ii)

Class II groundwater.

D)

The final column lists the Acceptable Detection Limit (ADL), only

where applicable.

2)

Appendix B, Table B is based upon industrial/commercial property use.

A)

The first and third columns to the right of the chemical name list

the soil remediation objectives for the soil ingestion exposure route

based on two receptor populations:

i)

Industrial/commercial; and

ii)

Construction worker.

B)

The second and fourth columns to the right of the chemical name

list the soil remediation objectives for the inhalation exposure

route based on two receptor populations:

i)

Industrial/commercial; and

ii)

Construction worker.

C)

The fifth and sixth columns to the right of the chemical name list

the soil remediation objectives for the soil component of the

groundwater ingestion exposure route for two classes of

groundwater:

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44

i)

Class I groundwater; and

ii)

Class II groundwater.

3)

Appendix B, Tables C and D set forth pH specific soil remediation

objectives for inorganic and ionizing organic chemicals for the soil

component of the groundwater ingestion route.

A)

Table C sets forth remediation objectives based on Class I

groundwater and Table D sets forth remediation objectives based

on Class II groundwater.

B)

The first column in Tables C and D lists the chemical names.

C)

The second through ninth columns to the right of the chemical

names list the pH based soil remediation objectives.

4)

For the inorganic chemicals listed in Appendix B, Tables A and B, the soil

component of the groundwater ingestion exposure route shall be evaluated

using TCLP (SW-846 Method 1311) or SPLP (SW-846 Method 1312),

incorporated by reference at Section 742.210 unless a person chooses to

evaluate the soil component on the basis of the total amount of

contaminant in a soil sample result in accordance with subsection (a)(5) of

this Section.

5)

For those inorganic and ionizing organic chemicals listed in Appendix B,

Tables C and D, if a person elects to evaluate the soil component of the

groundwater ingestion exposure route based on the total amount of

contaminant in a soil sample result (rather than TCLP or SPLP analysis),

the person shall determine the soil pH at the site and then select the

appropriate soil remediation objectives based on Class I and Class II

groundwaters from Tables C and D, respectively. If the soil pH is less

than 4.5 or greater than 9.0

8.0, then Tables C and D cannot be used.

6)

Unless one or more exposure routes are excluded from consideration

under Subpart C, the most stringent soil remediation objective of the

exposure routes (i.e., soil ingestion exposure route, inhalation exposure

route, and soil component of the groundwater ingestion exposure route)

shall be compared to the concentrations of soil contaminants of concern

measured at the site. When using Appendix B, Table B to select soil

remediation objectives for the ingestion exposure route and inhalation

exposure route, the remediation objective shall be the more stringent soil

remediation objective of the industrial/commercial populations and

construction worker populations.

7)

Confirmation sample results may be averaged or soil samples may be

composited in accordance with Section 742.225.

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45

8)

If a soil remediation objective for a chemical is less than the ADL, the

ADL shall serve as the soil remediation objective.

b)

Groundwater remediation objectives for the groundwater component of the

groundwater ingestion exposure route are listed in Appendix B, Table E.

However, Appendix B, Table E must be corrected for cumulative effect of

mixtures of similar-acting noncarcinogenic chemicals as set forth in Section

742.505(b)(3).

1)

The first column to the right of the chemical name lists groundwater

remediation objectives for Class I groundwater, and the second column

lists the groundwater remediation objectives for Class II groundwater.

2)

To use Appendix B, Table E of this Part, the 35 Ill. Adm. Code 620

classification for groundwater at the site shall be determined. The

concentrations of groundwater contaminants of concern at the site are

compared to the applicable Tier 1 groundwater remediation objectives for

the groundwater component of the groundwater ingestion exposure route

in Appendix B, Table E.

c)

For contaminants of concern not listed in Appendix B, Tables A, B and E, a

person may request site-specific remediation objectives from the Agency or

propose site-specific remediation objectives in accordance with 35 Ill. Adm. Code

620, Subpart I of this Part, or both.

(Source: Amended at 30 Ill. Reg. ________, effective ____________________)

SUBPART H: TIER 2 GROUNDWATER EVALUATION

Section 742.805

Tier 2 Groundwater Remediation Objectives

a)

To develop a groundwater remediation objective under this Section that exceeds

the applicable Tier 1 groundwater remediation objective, or for which there is no

Tier I groundwater remediation objective, a person may request approval from the

Agency if the person has performed the following:

1)

Identified the horizontal and vertical extent of groundwater for which the

Tier 2 groundwater remediation objective is sought;

2)

Taken corrective action, to the maximum extent practicable to remove

any free product;

3)

Using Equation R26 in accordance with Section 742.810, demonstrated

that the concentration of any contaminant of concern in groundwater will

meet:

A)

The applicable Tier 1 groundwater remediation objective at the

point of human exposure; or

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46

B)

For any contaminant of concern for which there is no Tier 1

groundwater remediation objective, the concentration determined

according to the procedures specified in 35 Ill. Adm. Code 620 at

the point of human exposure. A person may request the Agency to

provide these concentrations or may propose these concentrations

under Subpart I;

4)

Using Equation R26 in accordance with Section 742.810, demonstrated

that the concentration of any contaminant of concern in groundwater

within the minimum or designated maximum setback zone of an existing

potable water supply well will meet the applicable Tier 1 groundwater

remediation objective or, if there is no Tier 1 groundwater remediation

objective, the concentration determined according to the procedures

specified in 35 Ill. Adm. Code 620. A person may request the Agency to

provide these concentrations or may propose these concentrations under

Subpart I;

5)

Using Equation R26 in accordance with Section 742.810, demonstrated

that the concentration of any contaminant of concern in groundwater

discharging into a surface water will meet the applicable water quality

standard under 35 Ill. Adm. Code 302;

6)

Demonstrated that the source of the release is not located within the

minimum or designated maximum setback zone or within a regulated

recharge area of an existing potable water supply well; and

7)

If the selected corrective action includes an engineered barrier as set forth

in Subpart K to minimize migration of contaminant of concern from the

soil to the groundwater, demonstrated that the engineered barrier will

remain in place for post-remediation land use through an institutional

control as set forth in Subpart J.

b)

A groundwater remediation objective that exceeds the water solubility of that

chemical (refer to Appendix C, Table E for solubility values) is not allowed.

c)

The contaminants of concern for which a Tier 1 remediation objective has been

developed shall be included in any mixture of similar-acting chemicals under

consideration in Tier 2. The evaluation of 35 Ill. Adm. Code 620.615 regarding

mixtures of similar-acting chemicals shall be considered satisfied for Class I

groundwater at the point of human exposure if either of the following

requirements are achieved:

1)

Calculate the weighted average using the following equations:

CUOxa

a

ave

CUOx

CUOx

CUOx

W

=

x

+

x

+

x

+...+

x

23

2

1

1

3

where:

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47

W

ave

= Weighted Average

x

1

through x

a

= Concentration of each individual contaminant at

the location of concern. Note that, depending on

the target organ, the actual number of

contaminants will range from 2 to 3314.

CUOx

a

=

A Tier 1 or Tier 2 remediation objective must be

developed for each x

a

.

A)

If the value of the weighted average calculated in accordance with

the equations above is less than or equal to 1.0, then the

remediation objectives are met for those chemicals.

B)

If the value of the weighted average calculated in accordance with

the equations above is greater than 1.0, then additional remediation

must be carried out until the level of contaminants remaining in the

remediated area has have a weighted average calculated in

accordance with the equation above less than or equal to one; or

2)

Divide each individual chemical's remediation objective by the number of

chemicals in that specific target organ group that were detected at the site.

Each of the contaminant concentrations at the site is then compared to the

remediation objectives that have been adjusted to account for this potential

additivity.

d)

The evaluation of 35 Ill. Adm. Code 620.615 regarding mixtures of similar-acting

chemicals are considered satisfied if the cumulative risk from any contaminant(s)

of concern listed in Appendix A, Table I H, plus any other contaminant(s) of

concern detected in groundwater and listed in Appendix A, Table F as affecting

the same target organ/organ system as the contaminant(s) of concern detected

from Appendix A, Table I

H, does not exceed 1 in 10,000.

(Source: Amended at 30 Ill. Reg. ________, effective ____________________)

SUBPART I: TIER 3 EVALUATION

Section 742.900

Tier 3 Evaluation Overview

a)

Tier 3 sets forth a flexible framework to develop remediation objectives outside of

the requirements of Tiers 1 and 2. Although Tier 1 and Tier 2 evaluations are not

prerequisites to conduct Tier 3 evaluations, data from Tier 1 and Tier 2 can assist

in developing remediation objectives under a Tier 3 evaluation.

b)

The level of detail required to adequately characterize a site depends on the

particular use of Tier 3. Tier 3 can require additional investigative efforts beyond

those described in Tier 2 to characterize the physical setting of the site. However,

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48

in situations where remedial efforts have simply reached a physical obstruction

additional investigation may not be necessary for a Tier 3 submittal.

c)

Situations that can be considered for a Tier 3 evaluation include, but are not

limited to:

1)

Modification of parameters not allowed under Tier 2;

2)

Use of models different from those used in Tier 2;

3)

Use of additional site data to improve or confirm predictions of exposed

receptors to contaminants of concern;

4)

Analysis of site-specific risks using formal risk assessment, probabilistic

data analysis, and sophisticated fate and transport models (e.g., requesting

a target hazard quotient greater than 1 or a target cancer risk greater than 1

in 1,000,000);

5)

Requests for site-specific remediation objectives because an assessment

indicates further remediation is not practical;

6)

Incomplete human exposure pathway(s) not excluded under Subpart C;

7)

Use of toxicological-specific information not available from the sources

listed in Tier 2;

8)

Land uses which are substantially different from the assumed residential

or industrial/commercial property uses of a site (e.g., a site will be used for

recreation in the future and cannot be evaluated in Tier Tiers 1 or 2); and

9)

Requests for site-specific remediation objectives that which exceed Tier 1

groundwater remediation objectives so long as the following is

demonstrated:

A)

To the extent practical, the exceedance of the groundwater quality

standard has been minimized and beneficial use appropriate to the

groundwater that was impacted has been returned; and

B)

Any threat to human health or the environment has been

minimized

. [415 ILCS 5/58.5(d D)(4)(A)]

d)

For requests of a target cancer risk ranging between 1 in 1,000,000 and 1 in

10,000 at the point of human exposure or a target hazard quotient greater than 1 at

the point of human exposure, the requirements of Section 742.915 shall be

followed. Requests for a target cancer risk exceeding 1 in 10,000 at the point of

human exposure are not allowed.

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49

e)

Requests for approval of a Tier 3 evaluation must be submitted to the Agency for

review under the specific program under which remediation is performed. When

reviewing a submittal under Tier 3, the Agency shall consider

whether the

interpretations and conclusions reached are supported by the information

gathered

. [415 ILCS 58.7(e)(1)]. The Agency shall approve a Tier 3 evaluation if

the person submits the information required under this Part and establishes

through such information that public health is protected and that specified risks to

human health and the environment have been minimized.

f)

If contaminants of concern include polychlorinated biphenyls (PCBs), requests for

approval of a Tier 3 evaluation must additionally address the applicability of 40

CFR 761.

(Source: Amended at 30 Ill. Reg. ________, effective ____________________)

SUBPART J: INSTITUTIONAL CONTROLS

Section 742.1000

Institutional Controls

a)

Institutional controls in accordance with this Subpart must be placed on the

property when remediation objectives are based on any of the following

assumptions:

1)

Industrial/Commercial property use;

2)

Target cancer risk greater than 1 in 1,000,000;

3)

Target hazard quotient greater than 1;

4)

Engineered barriers;

5)

The point of human exposure is located at a place other than at the source;

6)

Exclusion of exposure routes; or

7)

Any combination of the above.

b)

The Agency shall not approve any remediation objective under this Part that is

based on the use of institutional controls unless the person has proposed

institutional controls meeting the requirements of this Subpart and the

requirements of the specific program under which the institutional control is

proposed. A proposal for approval of institutional controls shall provide

identification of the selected institutional controls from among the types

recognized in this Subpart.

c)

The following instruments may be institutional controls subject to the

requirements of this Subpart J and the requirements of the specific program under

which the institutional control is proposed:

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50

1)

No Further Remediation Letters;

2)

Environmental Land Use Controls;

3)

Land Use Control Memoranda Memorandums of Agreement;

4)

Ordinances adopted and administered by a unit of local government;

and

5)

Agreements between a property owner (or, in the case of a petroleum

leaking underground storage tank, the owner or operator of the tank) and a

highway authority with respect to any contamination remaining under

highways; and.

6)

Agreements between a highway authority that is also the property owner

(or, in the case of a petroleum leaking underground storage tank, the

owner or operator of the tank) and the Agency with respect to any

contamination remaining under the highways.

d)

No Further Remediation Letters and Environmental Land Use Controls that meet

the requirements of this Subpart and the recording requirements of the program

under which remediation is being performed are transferred with the property.

(Source: Amended at 30 Ill. Reg. ________, effective ____________________)

Section 742.1010

Environmental Land Use Controls

a)

An Environmental Land Use Control (ELUC) is an institutional control that may

be used under this Part to impose land use limitations or requirements related to

environmental contamination. ELUCs are only effective when approved by the

Agency in accordance with this Part. Activities or uses that may be limited or

required include, but are not limited to, prohibition of use of groundwater for

potable purposes, restriction to industrial/commercial uses, operation or

maintenance of engineered barriers, or worker safety plans. ELUCs may be used

in the following circumstances:

1)

When No Further Remediation Letters are not available, including but not

limited to when contamination has migrated off-site or outside the

remediation site; or

2)

When No Further Remediation Letters are not issued under the program

for which a person is undergoing

remediaton remediation.

b)

Recording requirements:

1)

An ELUC approved by the Agency pursuant to this Section must be

recorded in the Office of the Recorder or Registrar of Titles for the county

in which the property that is the subject of the ELUC is located. A copy

of the ELUC demonstrating that it has been recorded must be submitted to

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51

the Agency before the Agency will issue a no further remediation

determination.

2)

An ELUC approved under this Section will not become effective until

officially recorded in the chain of title for the property that is the subject

of the ELUC in accordance with subsection (b)(1) of this Section.

3)

Reference to the recorded ELUC must be made in the instrument

memorializing the Agency’s no further remediation determination.

Recording of the no further remediation determination and confirmation of

recording must be in accordance with the requirements of the program

under which the determination was issued.

4)

The requirements of this Section do not apply to Federally Owned

Property for which the Federal Landholding Entity does not have the

authority under federal law to record land use limitations on the chain of

title.

5)

The requirements of this Section apply only to those sites for which a

request for a no further remediation determination has not yet been made

to the Agency by January 6, 2001.

c)

Duration:

1)

Except as provided in this subsection (c), an ELUC shall remain in effect

in perpetuity.

2)

At no time shall any site for which an ELUC has been imposed as a result

of remediation activities under

this Part

be used in a manner inconsistent

with the land use limitation unless attainment of objectives appropriate for

the new land use

is achieved

and a new

no further remediation

determination has been

obtained and recorded in accordance with

the

program under which the ELUC was first imposed or the Site Remediation

Program (35 Ill. Adm. Code 740). [415 ILCS 58.8(c)]. In addition, the

appropriate release or modification of the ELUC must be prepared by the

Agency and filed on the chain of title for the property that is the subject of

the ELUC.

A)

For a Leaking Underground Storage Tank (LUST) site under 35

Ill. Adm. Code 731 or 732 or a Site Remediation Program site

under 35 Ill. Adm. Code 740, an ELUC may be released or

modified only if the NFR Letter is also

modified under the LUST

or Site Remediation Program to reflect the change;

B)

For a RCRA site under 35 Ill. Adm. Code 721-730, an ELUC may

be released or modified only if there is also by an amended

certification of closure or a permit modification.

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52

3)

In addition to any other remedies that may be available, a failure to

comply with the limitations or requirements of an ELUC may result in

voidance of an Agency no further remediation determination in

accordance with the program under which the determination was made.

The failure to comply with the limitations or requirements of an ELUC

may also be grounds for an enforcement action pursuant to Title VIII of

the Act.

d)

An ELUC submitted to the Agency must match the form and contain the same

substance, except for variable elements (e.g., name of property owner), as the

model in Appendix F and must contain the following elements:

1)

Name of property owners and declaration of property ownership;

2)

Identification of the property to which the ELUC applies by common

address, legal description, and Real Estate Tax Index/Parcel Index

Number;

3)

A reference to the Bureau of Land LPC numbers or 10-digit identification

numbers under which the remediation was conducted;

4)

A statement of the reason for the land use limitation or requirement

relative to protecting human health and the surrounding environment from

soil, groundwater, and/or other environmental contamination;

5)

The language instituting such land use limitations or requirements;

6)

A statement that the limitations or requirements apply to the current

owners, occupants, and all heirs, successors, assigns, and lessees;

7)

A statement that the limitations or requirements apply in perpetuity or

until:

A)

The Agency determines that there is no longer a need for the

ELUC; The Agency issues a new no further remediation

determination approving modification or removal of the limitations

or requirements; and

B)

The Agency, upon written request, issues to the site that received

the no further remediation determination that relies on the ELUC a

new no further remediation determination approving modification

or removal of the limitations or requirements; and A release or

modification of the land use limitation is filed on the chain of title

for the property that is the subject of the ELUC;

C)

The new no further remediation determination is filed on the chain

of title of the site subject to the no further remediation

determination; and

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53

D)

A release or modification of the land use limitation is filed on the

chain of title for the property that is the subject of the ELUC;

8)

Scaled site maps showing:

A)

The legal boundary of the property to which the ELUC applies;

B)

The horizontal and vertical extent of contaminants of concern

above applicable remediation objectives for soil and groundwater

to which the ELUC applies;

C)

Any physical features to which an ELUC applies (e.g., engineered

barriers, monitoring wells, caps); and

D)

The nature, location of the source, and direction of movement of

the contaminants of concern;

9)

A statement that any information regarding the remediation performed on

the property for which the ELUC is necessary may be obtained from the

Agency through a request under the Freedom of Information Act [5 ILCS

140] and rules promulgated thereunder; and

10)

The dated, notarized signatures of the property owners or authorized

agent.

(Source: Amended at 30 Ill. Reg. ________, effective ____________________)

Section 742.1012

Federally Owned Property: Land Use Control Memoranda Memorandums

of Agreement

a)

A Land Use Control Memorandum of Agreement (LUC MOA) between one or

more agencies of the federal government and the Illinois Environmental

Protection Agency is the an institutional control that shall may be used under this

Part to impose land use limitations or restrictions related to environmental

contamination on Federally Owned Property. A LUC MOA may be used only for

Federally Owned Property. Each LUC MOA, at a minimum, must require that the

Federal Landholding Entities responsible for the Federally Owned Property do the

following:

1)

Provide adequate identification of the location on the Federally

Owned Property of each site with land use limitations or

requirements. Such identification shall be by means of common

address, notations in any available facility master land use plan,

site specific GIS or GPS coordinates, plat maps, or any other

means which identifies the site in question with particularity;

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54

2)

Implement periodic site inspection procedures to ensure adequate

oversight by the Federal Landholding Entities of such land use

limitation or requirement;

3)

Implement procedures for the Federal Landholding Entities to

periodically advise the Agency of continued compliance with the

maintenance of the land use control and site inspection

requirements included in the LUC MOA;

4)

Implement procedures for the Federal Landholding Entities to

notify the Agency of any planned or emergency changes in land

use that may adversely impact any site with land use limitations or

requirements; and

5)

Notify the Agency at least 60 days in advance of a conveyance by

deed or fee simple title, by the Federal Landholding Entities, of a

site site(s) with land use limitations or requirements, to any entity

that will not remain or become a Federal Landholding Entity, and

provide the Agency with information about how the Federal

Landholding Entities will ensure that the requirements of Section

742.1010 are to be satisfied upon conveyance of that site site(s).

b)

Any LUC MOA entered into pursuant to this Section remains effective only so

long as title to the affected property is retained by the United States.

(Source: Amended at 30 Ill. Reg. ________, effective ____________________)

Section 742.1015

Ordinances

a) An ordinance adopted by a unit of local government that effectively prohibits the

installation of potable water supply wells (and the use of such wells) may be used as

an institutional control to meet the requirements of Section 742.320(d) or

742.805(a)(3) if the requirements of this Section are met. A model ordinance is found

in Appendix G. Ordinances prohibiting the installation of potable water supply wells

(and the use of such wells) that do not expressly prohibit the installation of potable

water supply wells (and the use of such wells) by units of local government may be

acceptable as institutional controls if the requirements of this Section are met and a

Memorandum of Understanding (MOU) is entered into under subsection (i) of this

Section. For purposes of this Section, a unit of local government is considered to be

expressly prohibited from installing and using potable water supply wells only if the

unit of local government is included in the prohibition provision by name. The

prohibition required by this Section shall satisfy the following requirements at a

minimum:

1)

The prohibition shall not allow exceptions for potable water well

installation and use other than for the adopting unit of local government;

2)

The prohibition shall apply at all depths and shall not be limited to

particular aquifers or other geologic formations;

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55

3)

If the prohibition does not apply everywhere within the boundaries of the

unit of local government, the limited area to which the prohibition applies

shall be easily identifiable and clearly defined by the ordinance (e.g.,

narrative descriptions accompanied by maps with legends or labels

showing prohibition boundaries or narrative descriptions using fixed,

common reference points such as street names). Boundaries of

prohibitions limited by area shall be fixed by the terms of the ordinance

and shall not be subject to change without amending the ordinance in

which the prohibition has been adopted (e.g., no boundaries defined with

reference to zoning districts or the availability of the public water supply);

and

4)

The prohibition shall not in any way restrict or limit the Agency’s

approval of the use of the ordinance as an institutional control pursuant to

this Part (e.g., no restrictions based on remediation program participation

or no restrictions on persons performing remediation within the

prohibition area who may use the ordinance).

b)

A request for approval of a local ordinance as an institutional control shall

provide the following:

1)

A copy of the ordinance restricting groundwater use certified by an

official of the unit of local government in which the site is located that it is

a true and accurate copy of the ordinance, unless the Agency and the unit

of local government have entered an agreement under subsection (i) of this

Section, in which case the request may alternatively reference the MOU.

The ordinance must demonstrate that potable use of groundwater from

potable water supply wells is prohibited;

2)

A scaled map(s) delineating the area and extent of groundwater

contamination modeled above the applicable remediation objectives

including any measured data showing concentrations of contaminants of

concern in which the applicable remediation objectives are exceeded;

3)

A scaled map delineating the boundaries of all properties under which

groundwater is located which exceeds the applicable groundwater

remediation objectives;

4)

Information identifying the current owner(s) of each property identified in

subsection (b)(3) of this Section; and

5)

A copy of the proposed written notification

submission to the unit of local

government that adopted the ordinance and to the current owners

identified in subsection (b)(4) of this Section that includes the following

information: of the information required in subsections (b)(1) through

(b)(4). Within 45 days from the date the Agency’s no further remediation

determination is recorded, the person who requested to use the ordinance

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56

as an institutional control must submit proof to the Agency of the notice to

the property owners identified in subsection (b)(4).

A)

The name and address of the unit of local government that adopted

the ordinance;

B)

The ordinance’s citation;

C)

A description of the property being sent notice by adequate legal

description, reference to a plat showing the boundaries of the

property, or accurate street address;

D)

Identification of the party requesting to use the groundwater

ordinance as an institutional control, and a statement that the party

has requested approval from the Agency to use the ordinance as an

institutional control;

E)

A statement that use of the ordinance as an institutional control

allows contamination above groundwater ingestion remediation

objectives to remain in groundwater beneath the affected

properties, and that the ordinance strictly prohibits human and

domestic consumption of the groundwater;

F)

A statement as to the nature of the release and response action with

the site name, site address, and Agency site number or Illinois

inventory identification number; and

G)

A statement that more information about the remediation site may

be obtained by contacting the party requesting the use of the

groundwater ordinance as an institutional control or by submitting

a FOIA request to the Agency.

c)

Written notification proposed pursuant to subsection (b)(5) of this Section must

be sent to the unit of local government that adopted the ordinance, as well as to all

current property owners identified in subsection (b)(4). Each of the property

owners identified in subsection (b)(4) of this Section and the unit of local

government must receive written notification from the party desiring to use the

institutional control that groundwater remediation objectives have been approved

by the Agency. Written proof that the notification was sent to the unit of local

government and the property owners of this notification shall be submitted to the

Agency within 45 days from the date the Agency’s no further remediation

determination is recorded. Such proof may consist of the return card from

certified mail, return receipt requested, a notarized certificate of service, or a

notarized affidavit. The notification shall include:

1)

The name and address of the unit of local government;

2)

The citation to the ordinance;

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57

3)

A description of the property being sent notice by adequate legal

description or by reference to a plat showing the boundaries;

4)

A statement that the ordinance restricting groundwater use has been used

by the Agency in reviewing a request for a groundwater remediation

objective;

5)

A statement as to the nature of the release and response action with the site

name, address, and Agency site number or Illinois inventory identification

number; and

6)

A statement as to where more information may be obtained regarding the

ordinance.

d)

Unless the Agency and the unit of local government have entered into a MOU

under subsection (i) of this Section, the current owner or successors in interest of

a site who have received approval of use of an ordinance as an institutional

control under this Section shall:

1)

Monitor activities of the unit of local government relative to variance

requests or changes in the ordinance relative to the use of potable

groundwater at properties identified in subsection (b)(3) of this Section;

and

2)

Notify the Agency of any approved variance requests or ordinance

changes within 30 days after the date such action has been approved.

e)

The information required in subsections (b)(1) through (b)(5) of this Section and

the Agency letter approving the groundwater remediation objective shall be

submitted to the unit of local government. Proof that the information has been

filed with the unit of local government shall be provided to the Agency.

f)

Any ordinance or MOU used as an institutional control pursuant to this Section

shall be recorded in the Office of the Recorder or Registrar of Titles of the county

in which the site is located together with the instrument memorializing the

Agency's no further remediation determination pursuant to the specific program

within 45 days after receipt of the Agency's no further remediation determination.

g)

An institutional control approved under this Section shall not become effective

until officially recorded in accordance with subsection (f) of this Section. The

person receiving the approval shall obtain and submit to the Agency within 30

days after recording a copy of the institutional control demonstrating that it has

been recorded.

h)

The following shall be grounds for voidance of the ordinance as an institutional

control and the instrument memorializing the Agency's no further remediation

determination:

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58

1)

Modification of the ordinance by the unit of local government to allow

potable use of groundwater;

2)

Approval of a site-specific request, such as a variance, to allow potable

use of groundwater at a site identified in subsection (b)(3) of this Section;

or

3)

Violation of the terms of an institutional control recorded under Section

742.1005 or Section 742.1010; or.

4)

Failure to provide notification and proof of such notification pursuant to

subsection (c) of this Section.

i)

The Agency and a unit of local government may enter into a MOU under this

Section if the unit of local government has adopted an ordinance satisfying

subsection (a) of this Section and if the requirements of this subsection are met.

The MOU submitted to the Agency must match the form and contain the same

substance as the model in Appendix H and shall include the following:

1)

Identification of the authority of the unit of local government to enter the

MOU;

2)

Identification of the legal boundaries, or equivalent, under which the

ordinance is applicable;

3)

A certified copy of the ordinance;

4)

A commitment by the unit of local government to notify the Agency of

any variance requests or proposed ordinance changes at least 30 days prior

to the date the local government is scheduled to take action on the request

or proposed change;

5)

A commitment by the unit of local government to maintain a registry of all

sites within the unit of local government that have received no further

remediation determinations pursuant to specific programs;

and

6)

If the ordinance does not expressly prohibit the installation of potable

water supply wells (and the use of such wells) by units of local

government, a commitment by the unit of local government:

A)

To review the registry of sites established under subsection (i)(5)

of this Section prior to siting potable water supply wells within the

area covered by the ordinance;

B)

To determine whether the potential source of potable water may be

or has been affected by contamination left in place at those sites;

and

---

59

C)

To take whatever steps are necessary to ensure that the potential

source of potable water is protected from the contamination or

treated before it is used as a potable water supply.

(Source: Amended at 30 Ill. Reg. ________, effective ____________________)

Section 742.1020

Highway Authority Agreements and Highway Authority Agreement

Memoranda of Agreement

a)

An agreement with a highway authority may be used as an institutional control

where the requirements of this Section are met and the Agency has determined

that no further remediation is required as to the property(ies) to which the

agreement is to apply. Highway Authority Agreements submitted to the Agency,

except for those agreements with the Illinois Department of Transportation, must

match the form and contain the same substance, except for variable elements, as

the model in Appendix D.

b)

As part of the agreement the highway authority shall agree to:

1)

Prohibit the use of groundwater under the highway right of way that is

contaminated above residential Tier 1 remediation objectives from the

release as a potable supply of water; and

2)

Limit access to soil contamination under the highway right of way that is

contaminated above residential Tier 1 or construction worker remediation

objectives, whichever is less, from the release. Access to soil

contamination may be allowed if, during and after any access, public

health and the environment are protected.

c)

The agreement shall provide the following:

1)

Fully executed signature blocks by the highway authority and the owner of

the property (or, in the case of a petroleum leaking underground storage

tank, the owner or operator of the tank) from which the release occurred;

2)

A scaled map delineating the area and extent of soil and groundwater

contamination above the applicable Tier 1 remediation objectives or a

statement that either soil or groundwater is not contaminated above the

applicable Tier 1 residential remediation objectives;

3)

Information showing the concentration of contaminants of concern within

the zone in which the applicable Tier 1 remediation objectives are

exceeded;

4)

A stipulation of the information required by subsections (c)(2) and (3) of

this Section in the agreement if it is not practical to obtain the information

by sampling the highway right-of-way; and

---

60

5)

Information identifying the highway authority having jurisdiction.

d)

Highway Authority Agreements must be referenced in the instrument that is to be

recorded on the chain of title for the remediation property.

e) Violation of the terms of an Agreement approved by the Agency as an institutional

control under this Section shall be grounds for voidance of the Agreement as an

institutional control and the instrument memorializing the Agency's no further

remediation determination.

f)

Failure to provide all of the information required in subsections (b) and (c) of this

Section will be grounds for denial of the Highway Authority Agreement as an

institutional control.

g)

In instances in which the highway authority is also the property owner of the site,

a Highway Authority Agreement may not be used. In such cases, the highway

authority shall instead enter into a Highway Authority Agreement Memorandum

of Agreement (HAA MOA) between the highway authority and the Agency. An

HAA MOA may be used as an institutional control where the requirements of this

Section are met and the Agency has determined that no further remediation is

required as to the property(ies) to which the agreement is to apply. HAA MOAs

submitted to the Agency must match the form and contain the same substance,

except for variable elements, as the model in Appendix E.

h)

As part of the HAA MOA the highway authority shall agree to:

1)

Prohibit the use of groundwater under the highway right of way that is

contaminated above residential Tier 1 or construction worker remediation

objectives, whichever are less, from the release as a potable supply of

water; and

2)

Limit access to soil contamination under the highway right of way that is

contaminated above residential Tier 1 or construction worker remediation

objectives, whichever are less, from the release. Access to soil

contamination may be allowed if, during and after any access, public

health and the environment are protected.

i)

The HAA MOA shall provide the following:

1)

Information identifying the site by common address or legal description or

both;

2)

The Illinois Emergency Management Agency’s (IEMA) incident number

for the site, if one has been assigned;

3)

A scaled map delineating the current and estimated future area and extent

of soil and groundwater contamination above the applicable Tier 1 or

construction worker remediation objectives, whichever are less, or a

---

61

statement that either soil or groundwater is not contaminated above the

applicable Tier 1 residential remediation objectives;

4)

Information prepared by the highway authority that lists each contaminant

of concern that exceeds its Tier 1 residential or construction worker

remediation objective, its Tier 1 residential remediation objective, and its

concentrations within the zone where Tier 1 residential or construction

worker remediation objectives, whichever is less, are exceeded;

5)

A scaled map prepared by the highway authority showing the area of the

highway authority’s right of way that is governed by the HAA MOA;

6)

If samples have not been collected within the right of way because of

impracticability, a stipulation by the parties that, based on modeling, soil

and groundwater contamination exceeding Tier 1 residential or

construction worker remediation objectives, whichever is less, does not

and will not extend beyond the boundaries of the right-of-way;

7)

A stipulation by the highway authority that it has jurisdiction over the

right of way that gives it sole control over the use of the groundwater and

access to the soil located within or beneath the right of way;

8)

A stipulation by the highway authority that it agrees to limit access by

itself and others to soil within the right of way exceeding Tier 1 residential

or construction worker remediation objectives, whichever is less. Access

may only be allowed if human health (including worker safety) and the

environment are protected during and after any access. The highway

authority may construct, reconstruct, improve, repair, maintain, and

operate a highway upon the right of way, or allow others to do the same by

permit. The highway authority and others using or working in the right of

way under permit have the right to remove soil or groundwater from the

right of way and dispose of the same in accordance with applicable

environmental laws and regulations. The highway authority agrees to

issue all permits for work in the right of way, and make all existing

permits for work in the right of way, subject to the following or

substantially similar conditions:

A)

As a condition of this permit the permittee shall request the office

issuing this permit to identify sites in the right of way where a

HAA MOA governs access to soil that exceeds the Tier 1

residential remediation objectives of 35 Ill. Adm. Code 742; and

B)

The permittee shall take all measures necessary to protect human

health (including worker safety) and the environment during and

after any access to such soil;

9)

A stipulation that the HAA MOA shall be referenced in the Agency’s no

further remediation determination issued for the release(s);

---

62

10)

A stipulation that the highway authority shall notify the Agency of any

transfer of jurisdiction over the right of way at least 30 days prior to the

date the transfer takes effect. The HAA MOA shall be null and void upon

the transfer unless the transferee agrees to be bound by the agreement as if

the transferee were an original party to the agreement. The transferee’s

agreement to be bound by the terms of the agreement shall be

memorialized at the time of transfer as a rider to this agreement that

references the HAA MOA and is signed by the highway authority, or

subsequent transferor, and the transferee;

11)

A stipulation that the HAA MOA will become effective on the date the

Agency issues a no further remediation determination for the release(s). It

shall remain effective until the right of way is demonstrated to be suitable

for unrestricted use and the Agency issues a new no further remediation

determination to reflect there is no longer a need for the HAA MOA, or

until the agreement is otherwise terminated or voided;

12)

A stipulation that in addition to any other remedies that may be available,

the Agency may bring suit to enforce the terms of the HAA MOA or may,

at its sole discretion, declare the HAA MOA null and void if the highway

authority or a transferee violates any term of the HAA MOA. The

highway authority or transferee shall be notified in writing of any such

declaration; and

13)

A fully executed signature block by the highway authority and a block for

the Agency’s Director.

(Source: Amended at 30 Ill. Reg. ________, effective ____________________)

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63

Section 742.APPENDIX A General

Section 742.TABLE E Similar-Acting Noncarcinogenic Chemicals

Adrenal Gland

Central Nervous System

Nitrobenzene

Butanol (Ingestion only)

1,2,4-Trichlorobenzene (Ingestion only)

Cyanide (amenable)

2,4-Dimethylphenol

Kidney

Endrin

Acetone (Ingestion only)

Manganese

Cadmium (Ingestion only)

2-Methylphenol

Chlorobenzene

Mercury (Inhalation only)

Dalapon

Styrene (Inhalation only)

1,1-Dichloroethane

Toluene (Inhalation only)

Di-n-octyl phthalate (Ingestion only)

Xylenes (Ingestion only)

Endosulfan

Ethylbenzene

Circulatory System

Fluoranthene

Antimony

Methyl tertiary-butyl ether (Inhalation only)

Barium (Ingestion only)

Nitrobenzene

2,4-D

Pyrene

cis-1,2-Dichloroethylene (Ingestion only)

Toluene (Ingestion only)

Nitrobenzene

2,4,5-Trichlorophenol

trans-1,2-Dichloroethylene (Ingestion only)

Vinyl acetate (Ingestion only)

2,4-Dimethylphenol

Fluoranthene

Liver

Fluorene

Acenaphthene

Styrene (Ingestion only)

Acetone (Ingestion only)

Zinc

Butylbenzyl phthalate (Ingestion only)

Chlorobenzene (Ingestion only)

Gastrointestinal System

1,1-Dichloroethylene (Ingestion only)

Beryllium (Ingestion only)

Di-n-octyl phthalate (Ingestion only)

Endothall

Endrin

Hexachlorocyclopentadiene (Ingestion only)

Ethylbenzene

Methyl bromide (Ingestion only)

Fluoranthene

Methyl tertiary tertiray-butyl ether (Ingestion only)

Methyl tertiary-butyl ether (Inhalation only)

Nitrobenzene

Picloram

Styrene (Ingestion only)

2,4,5-TP (Silvex)

Toluene (Ingestion only)

1,2,4-Trichlorobenzene (Inhalation only)

2,4,5-Trichlorophenol

---

64

Immune System

2,4-Dichlorophenol

p-Chloroaniline

Mercury (Ingestion only)

Reproductive System

Barium (Inhalation only)

Boron (Ingestion only)

Carbon disulfide

2-Chlorophenol (Ingestion only)

1,2 Dibromo-3-Chloropropane (Inhalation

only)

Dinoseb

Ethylbenzene (Inhalation only)

Methoxychlor

Phenol

Respiratory System

1,2-Dichloropropane (Inhalation only)

1,3-Dichloropropylene (Inhalation only)

Hexachlorocyclopentadiene (Inhalation only)

Methyl bromide (Inhalation only)

Naphthalene (Inhalation only)

Toluene (Inhalation only)

Vinyl acetate (Inhalation only)

Cholinesterase Inhibition

Aldicarb

Carbofuran

Decreased Body Weight Gains

and Circulatory System Effects

Atrazine

Simazine

(Source: Amended at 30 Ill. Reg. ________, effective ____________________)

---

65

Section 742.APPENDIX A General

Section 742.TABLE G Concentrations of Inorganic Chemicals in Background Soils

Chemical Name

Counties Within

Metropolitan

Statistical Areas

a

(mg/kg)

Counties Outside

Metropolitan

Statistical Areas

(mg/kg)

Aluminum

9,500

9,200

Antimony

4.0

3.3

Arsenic

13.0

11.3

Barium

110`

122

Beryllium

0.59

0.56

Cadmium

0.6

0.50

Calcium

9,300

5,525

Chromium

16.2

13.0

Cobalt

8.9

8.9

Copper

19.6

12.0

Cyanide

0.51

0.50

Iron

15,900

15,000

Lead

36.0

20.9

Magnesium

4,820

2,700

Manganese

636

630

Mercury

0.06

0.05

Nickel

18.0

13.0

Potassium

1,268

1,100

Selenium

0.48

0.37

Silver

0.55

0.50

Sodium

130

130.0

Sulfate

85.5

110

Sulfide

3.1

2.9

Thallium

0.32

0.42

Vanadium

25.2

25.0

Zinc

95.0

60.2

a

BOARD NOTE: Counties within Metropolitan Statistical Areas: Boone, Champaign, Clinton, Cook,

DuPage, Grundy, Henry, Jersey, Kane, Kankakee, Kendall, Lake, Macon, Madison, McHenry, McLean,

Menard, Monroe, Peoria, Rock Island, Sangamon, St. Clair, Tazewell, Will, Winnebago and Woodford.

(Source: Amended at 30 Ill. Reg. _________, effective ____________)

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66

Section 742.APPENDIX A: General

Section 742.TABLE H Concentrations of Polynuclear Aromatic Hydrocarbon Chemicals in

Background Soils

Chemical Name

Chicago

a

mg/kg

Metropolitan

Areas

b

(mg/kg)

Non-Metropolitan

Areas

c

(mg/kg)

2-Methylnaphthalene

-----

0.14

0.29

Acenaphthene

0.09

0.13

0.04

Acenaphthylene

0.03

0.07

0.04

Anthracene

0.25

0.40

0.14

Benzo(a)anthracene

1.1

1.8

0.72

Benzo(a)pyrene

1.3

2.1

0.98

Benzo(b)fluoranthene

1.5

2.1

0.70

Benzo(g,h,i)perylene

0.68

1.7

0.84

Benzo(k)fluoranthene

0.99

1.7

0.63

Chrysene

1.2

2.7

1.1

Dibenzo(a,h)anthracene

0.20

0.42

0.15

Fluoranthene

2.7

4.1

1.8

Fluorene

0.10

0.18

0.04

Indeno(1,2,3-c,d)pyrene

0.86

1.6

0.51

Naphthalene

0.04

0.20

0.17

Phenanthrene

1.3

2.5

0.99

Pyrene

1.9

3.0

1.2

a

Chicago means within the corporate limits of the City of Chicago.

b

Metropolitan area means a populated area, as defined in Section 742.200, (other than the City

of Chicago) that is located within any county in a Metropolitan Statistical Area listed in

Appendix A, Table G, footnote a.

c

Non-Metropolitan area means a populated area, as defined in Section 742.200, that is not

located within any county in a Metropolitan Statistical Area listed in Appendix A, Table G,

footnote a.

(Source: Appendix A, Table H renumbered to Appendix A, Table I and new Appendix A, Table

H Added at __ Ill. Reg. _______, effective ____________________)

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67

Section 742.APPENDIX A General

Section 742.TABLE I Chemicals Whose Tier 1 Class I Groundwater Remediation Objective

Exceeds the 1 in 1,000,000 Cancer Risk Concentration

Chemical

Class I Groundwater

Remediation Objective

(mg/Ll)

1 in 1,000,000 Cancer

Risk Concentration

(mg/Ll)

ADL

(mg/Ll)

Aldrin

0.014

0.000005

0.014

Benzo(a)pyrene

0.0002

0.000012

0.00023

Bis(2-chloroethyl)ether

0.01

0.000077

0.01

Bis(2-ethylhexyl)phthalate (Di(2-

ethylhexyl)phthalate)

0.006

0.0061

0.0027

Carbon Tetrachloride

0.005

0.00066

0.0001

Chlordane

0.002

0.000066

0.00014

DDD

0.014

0.00023

0.014

DDE

0.01

0.00023

0.01

DDT

0.006

0.00023

0.006

Dibenzo(a,h)anthracene

0.0003

0.000012

0.0003

1,2-Dibromo-3-chloropropane

0.0002

0.000061

0.001

1,2-Dibromoethane

1,2-dibromoethane

0.00005

0.00002 0.0000010

0.001

3,3'-Dichlorobenzidine

0.02

0.00019

0.02

1,2-Dichloroethane

0.005

0.00094

0.0003

Dieldrin

0.009

0.0000053

0.009

2,6-Dinitrotoluene

0.00031

0.0001

0.00031

Heptachlor

0.0004

0.000019

0.013

Heptachlor epoxide

0.0002

0.0000094

0.015

Hexachlorobenzene

0.00006

0.000053

0.00006

Alpha-HCH

0.00011

0.000014

0.000111

Tetrachloroethylene

0.005

0.0016

0.0004

Toxaphene

0.003

0.000077

0.00086

Vinyl chloride

0.002

0.000045

0.0002

Ionizable Organics

N-Nitrosodi-n-propylamine

0.0018

0.000012

0.0018

Pentachlorophenol

0.001

0.00071

0.000076

2,4,6-Trichlorophenol

0.01

0.007

0.01

Inorganics

Organics

Arsenic

0.05

0.000057

0.001

Beryllium

0.004

0.00002

0.004

(Source: Appendix A, Table I renumbered from Appendix A, Table H and amended at 30 Ill.

Reg. ________, effective ____________________)

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68

Section 742.APPENDIX B Tier 1 Illustrations and Tables and Illustrations

Section 742.Illustration A Tier 1 Evaluation

Site

Characterization

Agricultural or

Conservation

Receptors

Tier 3

Evaluation

Residential Property

Appendix B, Table A

and Table E

Objectives

Industrial or

Commercial Property

Appendix B, Table B

and Table E

Objectives

Appendix B, Tables C & D

Soil pH determination if COC's

have pH dependent solubility

(Optional)

Determine Tier 1 remediation

objectives

(i.e., most restrictive value

from the three exposure

routes)

Compare site data to remediation objectives

and determine:

1. Which COC's are below the Tier 1 objectives

2. Which COC's are still of concern

3. Can soil averaging or compositing be used

Remediate to

Tier 1

objectives

Tier 2 evaluation for

all COC's not

eliminated in all

applicable pathways

Tier 3 evaluation

for various

situations

No Further Remediation

if all COC'c are eliminated

(Institutional controls required for

industrial/commercial objectives)

(Source: Amended at 30 Ill. Reg. ________, effective ____________________)

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69

Section 742.APPENDIX B Tier 1 Illustrations and Tables and Illustrations

Section 742.TABLE A Tier 1 Soil Remediation Objectives

a

for Residential Properties

Exposure Route-Specific Values for Soils

Soil Component of the Groundwater

Ingestion Exposure Route

Values

CAS No.

Chemical Name

Ingestion

(mg/kg)

Inhalation

(mg/kg)

Class I

(mg/kg)

Class II

(mg/kg)

ADL

(mg/kg)

83-32-9

Acenaphthene

4,700

b

---

c

570

b

2,900

*

67-64-1

Acetone

70,000

b

7,800

b

100,000

d

25

b

16

b

2516

*

15972-60-8

Alachlor

o

8

e

---

c

0.04

0.2

NA

116-06-3

Aldicarb

o

78

b

---

c

0.013

0.07

NA

309-00-2

Aldrin

0.04

e

3

e

0.5

e

2.5

0.94

120-12-7

Anthracene

23,000

b

---

c

12,000

b

59,000

*

1912-24-9

Atrazine

o

2700

b

---

c

0.066

0.33

NA

71-43-2

Benzene

12

e

0.8

e

0.03

0.17

*

56-55-3

Benzo(

a

)anthracene

0.9

e,w

---

c

2

8

*

205-99-2

Benzo(

b

)fluoranthene

0.9

e,w

---

c

5

25

*

---

70

Exposure Route-Specific Values for Soils

Soil Component of the Groundwater

Ingestion Exposure Route

Values

CAS No.

Chemical Name

Ingestion

(mg/kg)

Inhalation

(mg/kg)

Class I

(mg/kg)

Class II

(mg/kg)

ADL

(mg/kg)

207-08-9

Benzo(

k

)fluroanthene

9

e

---

c

49

250

*

50-32-8

Benzo(

a

)pyrene

0.09

e,fw

---

c

8

82

*

111-44-4

Bis(2-chloroethyl)ether

0.6

e

0.2

e,f

0.0004

e,f

0.0004

0.66

117-81-7

Bis(2-ethylhexyl)phthalate

46

e

31,000

d

3,600

31,000

d

*

75-27-4

Bromodichloromethane

(Dichlorobromomethane)

10

e

3,000

d

0.6

0.6

*

75-25-2

Bromoform

81

e

53

e

0.8

0.8

*

71-36-3

Butanol

7,800

b

10,000

d

17

b

17

NA

85-68-7

Butyl benzyl phthalate

16,000

b

930

d

930

d

930

d

*

86-74-8

Carbazole

32

e

---

c

0.6

e

2.8

NA

1563-66-2

Carbofuran

o

390

b

---

c

0.22

1.1

NA

75-15-0

Carbon disulfide

7,800

b

720

d, x

32

b

160

*

---

71

Exposure Route-Specific Values for Soils

Soil Component of the Groundwater

Ingestion Exposure Route

Values

CAS No.

Chemical Name

Ingestion

(mg/kg)

Inhalation

(mg/kg)

Class I

(mg/kg)

Class II

(mg/kg)

ADL

(mg/kg)

56-23-5

Carbon tetrachloride

5

e

0.3

e

0.07

0.33

*

57-74-9

Chlordane

1.8

e

72

e, x

10

48

*

106-47-8

4-Chloroaniline

(p

-Chloroaniline)

310

b

---

c

0.7

b

0.7

*

108-90-7

Chlorobenzene

(Monochlorobenzene)

1,600

b

130

b, x

1

6.5

*

124-48-1

Chlorodibromomethane

(Dibromochloromethane)

1,600

b

1,300

d

0.4

0.4

*

67-66-3

Chloroform

100

e

0.3

e

0.6

2.9

*

218-01-9

Chrysene

88

e

---

c

160

800

*

94-75-7

2,4-D

o

780

b

---

c

1.5

7.7

*

75-99-0

Dalapon

o

2,300

b

---

c

0.85

8.5

*

72-54-8

DDD

3

e

---

c

16

e

80

*

72-55-9

DDE

2

e

---

c

54

e

270

*

---

72

Exposure Route-Specific Values for Soils

Soil Component of the Groundwater

Ingestion Exposure Route

Values

CAS No.

Chemical Name

Ingestion

(mg/kg)

Inhalation

(mg/kg)

Class I

(mg/kg)

Class II

(mg/kg)

ADL

(mg/kg)

50-29-3

DDT

2

e

---

g, x

32

e

160

*

53-70-3

Dibenzo(

a,h

)anthracene

0.09

e,fw

---

c

2

7.6

*

96-12-8

1,2-Dibromo-3-chloropropane

0.46

e

11

b, x

0.002

0.020.002

*

106-93-4

1,2-Dibromoethane

(Ethylene dibromide)

0.32

e

0.0075

e

0.06

e

0.17

e

0.0004

0.004

0.005

84-74-2

Di-

n

-butyl phthalate

7,800

b

2,300

d

2,300

d

2,300

d

*

95-50-1

1,2-Dichlorobenzene

(

o

– Dichlorobenzene)

7,000

b

560

d, x

17

43

*

106-46-7

1,4-Dichlorobenzene

(

p

– Dichlorobenzene)

---

c

11,000

b, x

2

11

*

91-94-1

3,3'-Dichlorobenzidine

1

e

---

c

0.007

e, f

0.033

1.3

75-34-3

1,1-Dichloroethane

7,800

b

1,300

b, x

23

b

110

*

---

73

Exposure Route-Specific Values for Soils

Soil Component of the Groundwater

Ingestion Exposure Route

Values

CAS No.

Chemical Name

Ingestion

(mg/kg)

Inhalation

(mg/kg)

Class I

(mg/kg)

Class II

(mg/kg)

ADL

(mg/kg)

107-06-2

1,2-Dichloroethane

(Ethylene dichloride)

7

e

0.4

e

0.02

0.1

*

75-35-4

1,1-Dichloroethylene

3,900

b

700

b

290

b, x

1,500

d

0.06

0.3

*

156-59-2

cis

-1,2-Dichloroethylene

780

b

1,200

d

0.4

1.1

*

156-60-5

trans

-1,2-Dichloroethylene

1,600

b

3,100

d

0.7

3.4

*

78-87-5

1,2-Dichloropropane

9

e

15

b, x

0.03

0.15

*

542-75-6

1,3-Dichloropropene

(1,3-Dichloropropylene,

cis

+

trans

)

6.4

e

1.1

e, x

0.004

e

0.02

0.005

60-57-1

Dieldrin

n

0.04

e

1

e

0.004

e

0.02

0.603

84-66-2

Diethyl phthalate

63,000

b

2,000

d

470

b

470

*

105-67-9

2,4-Dimethylphenol

1,600

b

---

c

9

b

9

*

121-14-2

2,4-Dinitrotoluene

0.9

e

---

c

0.0008

e, f

0.0008

0.250

---

74

Exposure Route-Specific Values for Soils

Soil Component of the Groundwater

Ingestion Exposure Route

Values

CAS No.

Chemical Name

Ingestion

(mg/kg)

Inhalation

(mg/kg)

Class I

(mg/kg)

Class II

(mg/kg)

ADL

(mg/kg)

606-20-2

2,6-Dinitrotoluene

0.9

e

---

c

0.0007

e, f

0.0007

0.260

117-84-0

Di-

n

-octyl phthalate

1,600

b

10,000

d

10,000

d

10,000

d

*

115-29-7

Endosulfan

o

470

b

---

c

18

b

90

*

145-73-3

Endothall

o

1,600

b

---

c

0.4

0.4

NA

72-20-8

Endrin

23

b

---

c

1

5

*

100-41-4

Ethylbenzene

7,800

b

400

d, x

13

19

*

206-44-0

Fluoranthene

3,100

b

---

c

4,300

b

21,000

*

86-73-7

Fluorene

3,100

b

---

c

560

b

2,800

*

76-44-8

Heptachlor

0.1

e

0.1

e

23

110

0.871

1024-57-3

Heptachlor epoxide

0.07

e

5

e

0.7

3.3

1.005

118-74-1

Hexachlorobenzene

0.4

e

1

e

2

11

*

319-84-6

Alpha

-HCH (

alpha

-BHC)

0.1

e

0.8

e

0.0005

e, f

0.003

0.0074

---

75

Exposure Route-Specific Values for Soils

Soil Component of the Groundwater

Ingestion Exposure Route

Values

CAS No.

Chemical Name

Ingestion

(mg/kg)

Inhalation

(mg/kg)

Class I

(mg/kg)

Class II

(mg/kg)

ADL

(mg/kg)

58-89-9

Gamma

-HCH (Lindane)

n

0.5

e

---

c, x

0.009

0.047

*

77-47-4

Hexachlorocyclopentadiene

550

b

10

b, x

400

2,200

d

*

67-72-1

Hexachloroethane

78

b

---

c

0.5

b

2.6

*

193-39-5

Indeno(1,2,3-

c,d

)pyrene

0.9

e,w

---

c

14

69

*

78-59-1

Isophorone

15,600

b

4,600

d

8

b

8

*

72-43-5

Methoxychlor

o

390

b

---

c

160

780

*

74-83-9

Methyl bromide

(Bromomethane)

110

b

10

b, x

0.2

b

1.2

*

1634-04-4

Methyl tertiary-butyl ether

780

b

8,800

d, x

0.32

0.32

*

75-09-2

Methylene chloride

(Dichloromethane)

85

e

13

e

0.02

e

0.2

*

95-48-7

2-Methylphenol

(

o

– Cresol)

3,900

b

---

c

15

b

15

*

91-20-3

Naphthalene

1,600

b

170

b, x

12

b

18

*

98-95-3

Nitrobenzene

39

b

92

b, x

0.1

b, f

0.1

0.26

---

76

Exposure Route-Specific Values for Soils

Soil Component of the Groundwater

Ingestion Exposure Route

Values

CAS No.

Chemical Name

Ingestion

(mg/kg)

Inhalation

(mg/kg)

Class I

(mg/kg)

Class II

(mg/kg)

ADL

(mg/kg)

86-30-6

N

-Nitrosodiphenylamine

130

e

---

c

1

e

5.6

*

621-64-7

N

-Nitrosodi-

n

-propylamine

0.09

e, f

---

c

0.00005

e,f

0.00005

0.0018

108-95-2

Phenol

23,000

b

47,000

b

---

c

100

b

100

*

1918-02-1

Picloram

o

5,500

b

---

c

2

20

NA

1336-36-3

Polychlorinated biphenyls (PCBs)

n

1

h

---

c,h

---

h

---

h

*

129-00-0

Pyrene

2,300

b

---

c

4,200

b

21,000

*

122-34-9

Simazine

o

390

b

---

c

0.04

0.37

NA

100-42-5

Styrene

16,000

b

1,500

d, x

4

18

*

127-18-4

Tetrachloroethylene

(Perchloroethylene)

12

e

11

e

0.06

0.3

*

108-88-3

Toluene

16,000

b

650

d, x

12

29

*

---

77

Exposure Route-Specific Values for Soils

Soil Component of the Groundwater

Ingestion Exposure Route

Values

CAS No.

Chemical Name

Ingestion

(mg/kg)

Inhalation

(mg/kg)

Class I

(mg/kg)

Class II

(mg/kg)

ADL

(mg/kg)

8001-35-2

Toxaphene

n

0.6

e

89

e

31

150

*

120-82-1

1,2,4-Trichlorobenzene

780

b

3,200

b, x

5

53

*

71-55-6

1,1,1-Trichloroethane

---

c

1,200

d

2

9.6

*

79-00-5

1,1,2-Trichloroethane

310

b

1,800

d

0.02

0.3

*

79-01-6

Trichloroethylene

58

e

5

e

0.06

0.3

*

108-05-4

Vinyl acetate

78,000

b

1,000

b, x

170

b

170

*

75-01-4

Vinyl chloride

0.46

e

0.28

e

0.01

f

0.07

*

108-38-3

m-Xylene

16,000

b

160,000

b

420

d, x

210

210

*

95-47-6

o-Xylene

16,000

b

160,000

b

410

d, x

190

190

*

106-42-3

p-Xylene

16,000

b

160,000

b

460

d, x

200

200

*

---

78

Exposure Route-Specific Values for Soils

Soil Component of the Groundwater

Ingestion Exposure Route

Values

CAS No.

Chemical Name

Ingestion

(mg/kg)

Inhalation

(mg/kg)

Class I

(mg/kg)

Class II

(mg/kg)

ADL

(mg/kg)

1330-20-7

Xylenes (total)

16,000

b

160,000

b

320

d, x

150

150

*

Ionizable Organics

65-85-0

Benzoic Acid

310,000

b

---

c

400

b,i

400

i

*

95-57-8

2-Chlorophenol

390

b

53,000

d

4

b,i

4

i

*

120-83-2

2,4-Dichlorophenol

230

b

---

c

1

b,i

1

i

*

51-28-5

2,4-Dinitrophenol

160

b

---

c

0.2

b, f

0.2

3.3

88-85-7

Dinoseb

o

78

b

---

c

0.34

b,i

3.4

i

*

87-86-5

Pentachlorophenol

3

e,j

---

c

0.03

f,i

0.14

i

*

93-72-1

2,4,5-TP

(Silvex)

630

b

---

c

11

i

55

i

*

95-95-4

2,4,5-Trichlorophenol

7,800

b

---

c

270

b,i

1,400

i

*

88-06-2

2,4,6 Trichlorophenol

58

e

200

e

0.2

e, f,i

0.77

i

0.66

---

79

Exposure Route-specific Values for Soils

Soil Component of the Groundwater

Ingestion Exposure Route

Values

CAS No.

Chemical Name

Ingestion

(mg/kg)

Inhalation

(mg/kg)

Class I

(mg/L)

Class II

(mg/L)

ADL

(mg/kg)

Inorganics

7440-36-0

Antimony

31

b

---

c

0.006

m

0.024

m

*

7440-38-2

Arsenic

l,n

---

t

750

e

0.05

m

0.2

m

*

7440-39-3

Barium

5,500

b

690,000

b

2.0

m

2.0

m

*

7440-41-7

Beryllium

160

b

1,300

e

0.004

m

0.5

m

*

7440-42-8

Boron

16,000

b

7,000

b

---

c

2.0

m

2.0

m

*

7440-43-9

Cadmium

l,n

78

b, r

1,800

e

0.005

m

0.05

m

*

7440-70-2

Calcium

n

---

g

---

c

---

c

---

c

*

16887-00-6

Chloride

---

c

---

c

200

m

200

m

*

7440-47-3

Chromium, total

230

b

270

e

0.1

m

1.0

m

*

16065-83-1

Chromium, ion, trivalent

120,000

b

---

c

---

g

---

g

*

18540-29-9

Chromium, ion, hexavalent

230

b

270

e

---

---

*

---

80

Exposure Route-specific Values for Soils

Soil Component of the Groundwater

Ingestion Exposure Route

Values

CAS No.

Chemical Name

Ingestion

(mg/kg)

Inhalation

(mg/kg)

Class I

(mg/L)

Class II

(mg/L)

ADL

(mg/kg)

7440-48-4

Cobalt

4,700

b

---

c

1.0

m

1.0

m

*

7440-50-8

Copper

n

2,900

b

---

c

0.65

m

0.65

m

*

57-12-5

Cyanide (amenable)

1,600

b

---

c

0.2

q,m

0.6

q,m

*

7782-41-4

Fluoride

4,700

b

---

c

4.0

m

4.0

m

*

15438-31-0

Iron

---

c

---

c

5.0

m

5.0

m

*

7439-92-1

Lead

400

k

---

c

0.0075

m

0.1

m

*

7439-95-4

Magnesium

n

325,000

---

c

---

c

---

c

*

7439-96-5

Manganese

1,600

b,v

3,700

b

69,000

b, x

0.15

m

10.0

m

*

7439-97-6

Mercury

l,n,s

23

b

10

b, x

0.002

m

0.01

m

*

7440-02-0

Nickel

l

1,600

b

13,000

e

0.1

m

2.0

m

*

14797-55-8

Nitrate as N

p

130,000

b

---

c

10.0

q, m

100

q

*

7723-14-0

Phosphorus

n

---

g

---

c

---

c

---

c

*

---

81

Exposure Route-specific Values for Soils

Soil Component of the Groundwater

Ingestion Exposure Route

Values

CAS No.

Chemical Name

Ingestion

(mg/kg)

Inhalation

(mg/kg)

Class I

(mg/L)

Class II

(mg/L)

ADL

(mg/kg)

7440-09-7

Potassium

n

---

g

---

c

---

c

---

c

*

7782-49-2

Selenium

l,n

390

b

---

c

0.05

m

0.05

m

*

7440-22-4

Silver

390

b

---

c

0.05

m

---

c

*

7440-23-5

Sodium

n

---

g

---

c

---

c

---

c

*

14808-79-8

Sulfate

---

c

---

c

400

m

400

m

*

7440-28-0

Thallium

6.3

b,u

---

c

0.002

m

0.02

m

*

7440-62-2

Vanadium

550

b

---

c

0.049

m

0.1

m

*

7440-66-6

Zinc

l

23,000

b

---

c

5.0

m

10

m

*

“*” indicates that the ADL is less than or equal to the specified remediation objective.

NA means not available; no PQL or EQL available in USEPA analytical methods.

---

82

Chemical Name and Soil Remediation Objective Notations

a

Soil remediation objectives based on human health criteria only.

b

Calculated values correspond to a target hazard quotient of 1.

c

No toxicity criteria available for the route of exposure.

d

Soil saturation concentration (C

[sat]

) = the 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) have been violated, and alternative modeling approaches are required.

e

Calculated values correspond to a cancer risk level of 1 in 1,000,000.

f

Level is at or below Contract Laboratory Program required quantitation limit for Regular Analytical Services (RAS).

g

Chemical-specific properties are such that this route is not of concern at any soil contaminant concentration.

h

40 CFR 761 contains applicability requirements and methodologies for the development of PCB remediation objectives. Requests for approval of a Tier 3 evaluation must

address the applicability of 40 CFR 761.

I

Soil remediation objective for pH of 6.8. If soil pH is other than 6.8, refer to Appendix B, Tables C and D of this Part.

j

Ingestion soil remediation objective adjusted by a factor of 0.5 to account for dermal route.

k

A preliminary remediation goal of 400 mg/kg has been set for lead based on

Revised Interim Soil Lead Guidance for CERCLA Sites and RCRA Corrective Action Facilities

,

OSWER Directive #9355.4-12.

l

Potential for soil-plant-human exposure.

m

The person conducting the remediation has the option to use: 1) TCLP or SPLP test results to compare with the remediation objectives listed in this Table; or 2) where

applicable, the total amount of contaminant in the soil sample results to compare with pH specific remediation objectives listed in Appendix B, Table C or D of this Part. (see

See Section 742.510.); or 3) the appropriate background value listed in Appendix A, Table G. If the person conducting the remediation wishes to calculate soil remediation

objectives based on background concentrations, this should be done in accordance with Subpart D of this Part.

n

The Agency reserves the right to evaluate the potential for remaining contaminant concentrations to pose significant threats to crops, livestock, or wildlife.

o

For agrichemical facilities, remediation objectives for surficial soils which are based on field application rates may be more appropriate for currently registered pesticides.

Consult the Agency for further information.

p

For agrichemical facilities, soil remediation objectives based on site-specific background concentrations of Nitrate as N may be more appropriate. Such determinations shall be

conducted in accordance with the procedures set forth in Subparts D and I of this Part.

q

The TCLP extraction must be done using water at a pH of 7.0.

r

Value based on dietary Reference Dose.

s

Value for Ingestion based on Reference Dose for Mercuric chloride (CAS No. 7487-94-7); value for Inhalation based on Reference Concentration for elemental Mercury (CAS

No. 7439-97-6). Inhalation remediation objective only applies at sites where elemental mercury is a contaminant of concern.

t

For the ingestion route for arsenic, see 742.Appendix A, Table G.

u

Value based on Reference Dose for Thallium sulfate (CAS No. 7446-18-6).

v

Value based on Reference Dose adjusted for dietary intake.

w

For sites located in any populated area as defined in Section 742.200, Appendix A, Table H may be used.

x

The remediation objectives for these chemicals must also include the construction worker inhalation objective in Appendix B, Table B.

(Source: Amended at 30 Ill. Reg. ________, effective ____________________)

---

83

Section 742.APPENDIX B Tier 1 Illustrations and Tables and Illustrations

Section 742.Table B Tier 1 Soil Remediation Objectives

a

for Industrial/Commercial Properties

Exposure Route-Specific Values for Soils

Industrial-

Commercial

Construction

Worker

Soil Component of the

Groundwater Ingestion

Exposure Route

Values

CAS No.

Chemical

Name

Ingestion

(mg/kg)

Inhalation

(mg/kg)

Ingestion

(mg/kg)

Inhalation

(mg/kg)

Class I

(mg/kg)

ClassII

(mg/kg)

ADL

(mg/kg)

83-32-9

Acenaphthene

120,000

b

-----

c

120,000

b

-----

c

570

b

2,900

*

67-64-1

Acetone

----

g

200,000

b

100,000

d

----

g

200,000b

100,000

d

25

b

16b

2516

*

15972-60-8

Alachlor

o

72

e

-----

c

1,600

e

-----

c

0.04

0.2

NA

116-06-3

Aldicarb

o

2,000

b

-----

c

200

b

-----

c

0.013

0.07

NA

309-00-2

Aldrin

0.3

e

6.6

e

6.1

b

9.3

e

0.5

e

2.5

0.94

120-12-7

Anthracene

610,000

b

-----

c

610,000

b

-----

c

12,000

b

59,000

*

1912-24-9

Atrazine

o

72,000

b

-----

c

7,100

b

-----

c

0.066

0.33

NA

71-43-2

Benzene

100

e

1.6

e

2,300

e

2.2

e

0.03

0.17

*

---

84

Exposure Route-Specific Values for Soils

Industrial-

Commercial

Construction

Worker

Soil Component of the

Groundwater Ingestion

Exposure Route

Values

CAS No.

Chemical

Name

Ingestion

(mg/kg)

Inhalation

(mg/kg)

Ingestion

(mg/kg)

Inhalation

(mg/kg)

Class I

(mg/kg)

ClassII

(mg/kg)

ADL

(mg/kg)

56-55-3

Benzo(

a

)anthracene

8

e

-----

c

170

e

-----

c

2

8

*

205-99-2

Benzo(

b

)fluoranthene

8

e

-----

c

170

e

-----

c

5

25

*

207-08-9

Benzo(

k

)fluroanthene

78

e

-----

c

1,700

e

-----

c

49

250

*

50-32-8

Benzo(

a

)pyrene

0.8

e,x

-----

c

17

e

-----

c

8

82

*

111-44-4

Bis(2-chloroethyl)ether

5

e

0.47

e

75

e

0.66

e

0.0004

e,f

0.0004

0.66

117-81-7

Bis(2-ethylhexyl)phthalate

410

e

31,000

d

4,100

b

31,000

d

3,600

31,000

d

*

75-27-4

Bromodichloromethane

(Dichlorobromomethane)

92

e

3,000

d

2,000

e

3,000

d

0.6

0.6

*

75-25-2

Bromoform

720

e

100

e

16,000

e

140

e

0.8

0.8

*

71-36-3

Butanol

200,000

b

10,000

d

200,000

b

10,000

d

17

b

17

NA

85-68-7

Butyl benzyl phthalate

410,000

b

930

d

410,000

b

930

d

930

d

930

d

*

86-74-8

Carbazole

290

e

-----

c

6,200

e

-----

c

0.6

e

2.8

NA

---

85

Exposure Route-Specific Values for Soils

Industrial-

Commercial

Construction

Worker

Soil Component of the

Groundwater Ingestion

Exposure Route

Values

CAS No.

Chemical

Name

Ingestion

(mg/kg)

Inhalation

(mg/kg)

Ingestion

(mg/kg)

Inhalation

(mg/kg)

Class I

(mg/kg)

ClassII

(mg/kg)

ADL

(mg/kg)

1563-66-2

Carbofuran

o

10,000

b

-----

c

1,000

b

-----

c

0.22

1.1

NA

75-15-0

Carbon disulfide

200,000

b

720

d

20,000

b

9.0

b

32

b

160

*

56-23-5

Carbon tetrachloride

44

e

0.64

e

410

b

0.90

e

0.07

0.33

*

57-74-9

Chlordane

161.6

e

140

e

100

b

22

b

10

48

*

106-47-8

4 – Chloroaniline

(p

-Chloroaniline)

8,200

b

-----

c

820

b

-----

c

0.7

b

0.7

*

108-90-7

Chlorobenzene

(Monochlorobenzene)

41,000

b

210

b

4,100

b

1.3

b

1

6.5

*

124-48-1

Chlorodibromomethane

(Dibromochloromethane)

41,000

b

1,300

d

41,000

b

1,300

d

0.4

0.4

*

67-66-3

Chloroform

940

e

0.54

e

2,000

b

0.76

e

0.6

2.9

*

218-01-9

Chrysene

780

e

-----

c

17,000

e

-----

e

160

800

*

94-75-7

2,4-D

o

20,000

b

-----

c

2,000

b

-----

c

1.5

7.7

*

---

86

Exposure Route-Specific Values for Soils

Industrial-

Commercial

Construction

Worker

Soil Component of the

Groundwater Ingestion

Exposure Route

Values

CAS No.

Chemical

Name

Ingestion

(mg/kg)

Inhalation

(mg/kg)

Ingestion

(mg/kg)

Inhalation

(mg/kg)

Class I

(mg/kg)

ClassII

(mg/kg)

ADL

(mg/kg)

75-99-0

Dalapon

o

61,000

b

-----

c

6,100

b

-----

c

0.85

8.5

*

72-54-8

DDD

24

e

-----

c

520

e

-----

c

16

e

80

*

72-55-9

DDE

17

e

-----

c

370

e

-----

c

54

e

270

*

50-29-3

DDT

17

e

1,500

e

100

b

2,100

e

32

e

160

*

53-70-3

Dibenzo(

a,h

)anthracene

0.8

e

-----

c

17

e

-----

c

2

7.6

*

96-12-8

1,2-Dibromo-3-chloropropane

4

e

17

b

89

e

0.11

b

0.002

0.02 0.002

*

106-93-4

1,2-Dibromoethane

(Ethylene dibromide)

2.9

e

0.07

e

0.12

e

0.32

e

62

e

1.5

e

0.16

e

0.45

e

0.0004

0.004

0.005

84-74-2

Di-

n

-butyl phthalate

200,000

b

2,300

d

200,000

b

2,300

d

2,300

d

2,300

d

*

95-50-1

1,2-Dichlorobenzene

(

o

– Dichlorobenzene)

180,000

b

560

d

18,000

b

310

b

17

43

*

106-46-7

1,4-Dichlorobenzene

(

p

– Dichlorobenzene)

-----

c

17,000

b

-----

c

340

b

2

11

*

---

87

Exposure Route-Specific Values for Soils

Industrial-

Commercial

Construction

Worker

Soil Component of the

Groundwater Ingestion

Exposure Route

Values

CAS No.

Chemical

Name

Ingestion

(mg/kg)

Inhalation

(mg/kg)

Ingestion

(mg/kg)

Inhalation

(mg/kg)

Class I

(mg/kg)

ClassII

(mg/kg)

ADL

(mg/kg)

91-94-1

3,3’-Dichlorobenzidine

13

e

-----

c

280

e

-----

c

0.007

e,f

0.033

1.3

75-34-3

1,1-Dichloroethane

200,000

b

1,700

d

200,000

b

130

b

23

b

110

*

107-06-2

1,2-Dichloroethane

(Ethylene dichloride)

63

e

0.70

e

1,400

e

0.99

e

0.02

0.1

*

75-35-4

1,1-Dichloroethylene

100,000

b

18,000

b

470

b

1,500

d

10,000

b

1,800

b

3.0

b

300

v

0.06

0.3

*

156-59-2

cis

-1,2-Dichloroethylene

20,000

b

1,200

d

20,000

b

1,200

d

0.4

1.1

*

156-60-5

Trans

-1,2-Dichloroethylene

41,000

b

3,100

d

41,000

b

3,100

d

0.7

3.4

*

78-87-5

1,2-Dichloropropane

84

e

23

b

1,800

e

0.50

b

0.03

0.15

*

542-75-6

1,3-Dichloropropene

(1,3-Dichloropropylene,

cis

+

trans

)

57

e

2.1

e

1,200

e

0.39

b

0.004

e

0.02

0.005

60-57-1

Dieldrin

n

0.4

e

2.2

e

7.8

e

3.1

e

0.004

e

0.02

0.603

84-66-2

Diethyl phthalate

1,000,000

b

2,000

d

1,000,000

b

2,000

d

470

b

470

*

---

88

Exposure Route-Specific Values for Soils

Industrial-

Commercial

Construction

Worker

Soil Component of the

Groundwater Ingestion

Exposure Route

Values

CAS No.

Chemical

Name

Ingestion

(mg/kg)

Inhalation

(mg/kg)

Ingestion

(mg/kg)

Inhalation

(mg/kg)

Class I

(mg/kg)

ClassII

(mg/kg)

ADL

(mg/kg)

105-67-9

2,4-Dimethylphenol

41,000

b

-----

c

41,000

b

-----

c

9

b

9

*

121-14-2

2,4-Dinitrotoluene

8.4

e

-----

c

180

e

-----

c

0.0008

e,f

0.0008

0.250

606-20-2

2,6-Dinitrotoluene

8.4

e

-----

c

180

e

-----

c

0.0007

e,f

0.0007

0.260

117-84-0

Di-

n

-octyl phthalate

41,000

e

10,000

d

4,100

b

10,000

d

10,000

d

10,000

d

*

115-29-7

Endosulfan

o

12,000

b

-----

c

1,200

b

-----

c

18

b

90

*

145-73-3

Endothall

o

41,000

c

-----

c

4,100

b

-----

c

0.4

0.4

NA

72-20-8

Endrin

610

b

-----

c

61

b

-----

c

1

5

*

100-41-4

Ethylbenzene

200,000

b

400

d

20,000

b

58

b

13

19

*

206-44-0

Fluoranthene

82,000

b

-----

c

82,000

b

-----

c

4,300

b

21,000

*

86-73-7

Fluorene

82,000

b

-----

c

82,000

b

-----

c

560

b

2,800

*

76-44-8

Heptachlor

1

e

11

e

28

e

16

e

23

110

*

---

89

Exposure Route-Specific Values for Soils

Industrial-

Commercial

Construction

Worker

Soil Component of the

Groundwater Ingestion

Exposure Route

Values

CAS No.

Chemical

Name

Ingestion

(mg/kg)

Inhalation

(mg/kg)

Ingestion

(mg/kg)

Inhalation

(mg/kg)

Class I

(mg/kg)

ClassII

(mg/kg)

ADL

(mg/kg)

1024-57-3

Heptachlor epoxide

0.6

e

9.2

e

2.7

b

13

e

0.7

3.3

1.005

118-74-1

Hexachlorobenzene

4

e

1.8

e

78

e

2.6

e

2

11

*

319-84-6

Alpha

-HCH (

alpha

-BHC)

0.9

e

1.5

e

20

e

2.1

e

0.0005

e,f

0.003

0.0074

58-89-9

Gamma

-HCH (Lindane)

n

4

e

-----

c

96

e

-----

c

0.009

0.047

*

77-47-4

Hexachlorocyclopentadiene

14,000

b

16

b

14,000

b

1.1

b

400

2,200

d

*

67-72-1

Hexachloroethane

2,000

b

-----

c

2,000

b

-----

c

0.5

b

2.6

*

193-39-5

Indeno(1,2,3-

c,d

)pyrene

8

e

-----

c

170

e

-----

c

14

69

*

78-59-1

Isophorone

410,000

b

4,600

d

410,000

b

4,600

d

8

b

8

*

72-43-5

Methoxychlor

o

10,000

b

-----

c

1,000

b

-----

c

160

780

*

74-83-9

Methyl bromide

(Bromomethane)

2,900

b

15

b

1,000

b

3.9

b

0.2

b

1.2

*

---

90

Exposure Route-Specific Values for Soils

Industrial-

Commercial

Construction

Worker

Soil Component of the

Groundwater Ingestion

Exposure Route

Values

CAS No.

Chemical

Name

Ingestion

(mg/kg)

Inhalation

(mg/kg)

Ingestion

(mg/kg)

Inhalation

(mg/kg)

Class I

(mg/kg)

ClassII

(mg/kg)

ADL

(mg/kg)

1634-04-4

Methyl tertiary-butyl ether

20,000

b

8,800

d

2,000

b

140

b

0.32

0.32

*

75-09-2

Methylene chloride

(Dichloromethane)

760

e

24

e

12,000

b

34

e

0.02

e

0.2

*

95-48-7

2-Methylphenol

(

o

– Cresol)

100,000

b

-----

c

100,000

b

-----

c

15

b

15

*

86-30-6

N

-Nitrosodiphenylamine

1,200

e

-----

c

25,000

e

-----

c

1

e

5.6

*

621-64-7

N

-Nitrosodi-

n

-propylamine

0.8

e

-----

c

18

e

-----

c

0.00005

e,f

0.00005

0.0018

91-20-3

Naphthalene

41,000

b

270

b

4,100

b

1.8

b

12

b

18

*

98-95-3

Nitrobenzene

1,000

b

140

b

1,000

b

9.4

b

0.1

b,f

0.1

0.26

108-95-2

Phenol

610,000

b

1,000,000

b

-----

c

61,000

b

120,000

b

-----

c

100

b

100

*

1918-02-1

Picloram

o

140,000

b

-----

c

14,000

b

-----

c

2

20

NA

1336-36-3

Polychlorinated biphenyls (PCBs)

n

1

h

-----

c,h

1

h

-----

c,h

-----

h

-----

h

*

129-00-0

Pyrene

61,000

b

-----

c

61,000

b

-----

c

4,200

b

21,000

*

---

91

Exposure Route-Specific Values for Soils

Industrial-

Commercial

Construction

Worker

Soil Component of the

Groundwater Ingestion

Exposure Route

Values

CAS No.

Chemical

Name

Ingestion

(mg/kg)

Inhalation

(mg/kg)

Ingestion

(mg/kg)

Inhalation

(mg/kg)

Class I

(mg/kg)

ClassII

(mg/kg)

ADL

(mg/kg)

122-34-9

Simazine

o

10,000

b

-----

c

1,000

b

-----

c

0.04

0.37

NA

100-42-5

Styrene

410,000

b

1,500

d

41,000

b

430

b

4

18

*

127-18-4

Tetrachloroethylene

(Perchloroethylene)

110

e

20

e

2,400

e

28

e

0.06

0.3

*

108-88-3

Toluene

410,000

b

650

d

410,000

b

42

b

12

29

*

8001-35-2

Toxaphene

n

5.2

e

170

e

110

e

240

e

31

150

*

120-82-1

1,2,4-Trichlorobenzene

20,000

b

3,200

d

2,000

b

920

b

5

53

*

71-55-6

1,1,1-Trichloroethane

-----

c

1,200

d

-----

c

1,200

d

2

9.6

*

79-00-5

1,1,2-Trichloroethane

8,200

b

1,800

d

8,200

b

1,800

d

0.02

0.3

*

79-01-6

Trichloroethylene

520

e

8.9

e

1,200

b

12

e

0.06

0.3

*

108-05-4

Vinyl acetate

1,000,000

b

1,600

b

200,000

b

10

b

170

b

170

*

---

92

Exposure Route-Specific Values for Soils

Industrial-

Commercial

Construction

Worker

Soil Component of the

Groundwater Ingestion

Exposure Route

Values

CAS No.

Chemical

Name

Ingestion

(mg/kg)

Inhalation

(mg/kg)

Ingestion

(mg/kg)

Inhalation

(mg/kg)

Class I

(mg/kg)

ClassII

(mg/kg)

ADL

(mg/kg)

75-01-4

Vinyl chloride

7.9

e

1.1

e

170

e

1.1

b

0.01

f

0.07

*

108-38-3

m-Xylene

410,000

b

1,000,000

420

d

41,000

b

410,000b

6.4

b

420

d

210

210

*

95-47-6

o-Xylene

410,000

b

1,000,000

410

d

41,000

b

410,000b

6.5

b

410

d

190

190

*

106-42-3

p-Xylene

410,000

b

1,000,000

460

d

41,000

b

410,000b

5.9

b

460

d

200