JUL ii 2005

Pollution Control Board

July 6, 2005

Marie E. Tipsord

t. ___—

Hearing Officer

Illinois Pollution Control Board

100 West Ratidôlph, Suite 11-500

Chicago, IL 60601

RE:

Proposed Revisions to Leaking Underground Storage Tank Regulations

R04-22 and R04-23

Dear Ms Tipsord

I am wnting to express my concerns in regard to revisions proposed by the Illinois

Environmental Protection Agency (IEPA) ~oregulations govemn~igleaking underground

storage tanks (USTs).

As I’m sure you are aware, UST Owners and Operators are required by Illinois leaking

underground storage tank (LUST) regulations to satisfy a financial responsibility

adequate to cover

all

costs of environmental clean-up incurred in response to a leaking

UST. Like most Illinois UST Owners and Operators, I rely on the Illinois LUST Fund to

satisfy this financial responsibility for costs exceeding my deductible. I consider the

deductible itself to be a considerable sum of money. if there is even the slightest

potential that the revisions proposed by the IEPA will increase the amount of non-

recoverable costs from the LUST Fund beyond my deductible, I am not supportive of

these revisions. Illinois UST Owners and Operators contribute to the LUST Fund for the

very specific purpose of satisfying our financial responsibility. I will not support

regulations that will ultimately result in increasing the costs I must incur in order to

satisfy this financial responsibility.

I must rely on environmental professionals to assist me in my effort to comply with

LUST regulations I must also rely upon the Illinois LUST Fund to ensure the cost of

professional aSsistance is recovered in full. ~B~i1i~able1t& do SO is critical to my financial

stability. I will not support proposed revisions that could potentially result in my ability

to recover Only a portion ofthe costs I incur as a result ofseeking professional assistance

to comply with LUST regulations. This is simply not a financial risk I am willing to take.

---

I recognize the need for cost containment. However, this is an extremely important issue

that

must

be evaluated thoroughly and addressed responsibly. In the Illinois Pollution

Control Board (IPCB) decision to move to First Notice, you acknowledged that the IEPA

proposed revisions were not well supported by scientific or statistical data. If the

proposed revisions are not well supported by scientific or statistical data, then it appears

to me that a thorough and responsible evaluation has not been performed. I fear that the

propOsed revisions to provide cost containment measures will have a negative financial

impact on me and other Illinois UST Owners and Operators. I strongly urge the IPCB to

demand that

any

proposed revision be adequately supported by scientific and statistical

data to ensure the intended purpose (i.e., cost containment) is achieved without posing

unnecessary financial threats to illinois UST Owners and Operators. In addition, this

information must be fully-disclosed and available to the public. I would suggest that

such notices and proposed changes of LUST regulations be forwarded to each Illinois

UST Owner and Operator.

Thank you for your consideration.

Sincerely,

Mr. Tom Mueller

~Thanas11

t700dfieldMeujj~Dr

Belleville, IL