ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY,

John

Therriault

Assistant

Clerk

Illinois

Pollution

Control

Board

100

West Randolph

Street,

Suite 11-500

Chicago,

Illinois

60601-3218

Donna

Weil

Spirit

Energy,

L.L.C.

7751

Carondelet

Avenue,

Suite

202

St.

Louis,

Missouri 63105

RECEVE

CLERK’S

OFFICE

JUN

262009

STATE

OF

ILLINOIS

Pollution

Control

Board

PLEASE

TAKE

NOTICE

that

I have today

caused

to be

filed

a REQUEST

FOR

NINETY

DAY

EXTENSION

OF

APPEAL PERIOD

with

the

Illinois Pollution

Control Board,

copies

of

which

are served

upon you.

Dated: June

23, 2009

1021

North

Grand

Avenue

East

P.O.

Box

19276

Springfield,

Illinois

62794-9276

217/782-5544

AGENCY

BEFORE

THE

ILLINOIS

POLLUTION

CONTROL

BOARD

SPIRIT

ENERGY,

L.L.C.,

Petitioner,

v.

Respondent.

)

)

)

)

PCBO9-

(

‘

)

(LUST

Appeal

— Ninety Day

)

Extension)

)

)

NOTICE

James

G.

Ri

Assistant

Counsel

THIS FILING

IS SUBMITTED

ON

RECYCLED

PAPER

---

CLERK’S

OFFICE

BEFORE THE

ILLINOIS

POLLUTION

CONTROL

BOARD

JUN

2

62009

STATE

OF

ILLINOIS

PoIIuton

Control

Board

SPIRIT

ENERGY,

L.L.C.,

)

Petitioner,

)

v.

)

PCB

No.

09-

)

(LUST

Appeal

Ninety

Day

Extension)

ILLINOIS

ENVIRONMENTAL

)

PROTECTION

AGENCY,

)

Respondent.

)

REQUEST

FOR

NINETY

DAY

EXTENSION

OF

APPEAL

PERIOD

NOW COMES

the

Respondent,

the

Illinois

Environmental

Protection

Agency

(“Illinois

EPA”),

by

one

of

its

attorneys,

James

G.

Richardson,

Assistant

Counsel,

and,

pursuant

to

Section

40(a)(1)

of the

Illinois Environmental

Protection

Act

(415

ILCS

5/40(a)(1))

and

35

Ill.

Adm.

Code

105.208,

hereby requests

that

the

Illinois

Pollution

Control

Board

(“Board”)

grant

an

extension

of

the

thirty-five

(35)

day

period

for

petitioning

for

a hearing

to

September

23,

2009,

or

any

other

date

not

more

than

a total

of one

hundred twenty-five

(125)

days

from

the

date

of

receipt

of

the

Illinois

EPA’s

final

decision.

In

support

thereof,

the

Illinois

EPA

respectfully

states

as

follows:

1.

On

May

18,

2009,

the

Illinois

EPA

issued

a

final

decision

to

the

Petitioner.

2.

On

June

18,

2009,

the

Petitioner

made

a

written

request

to

the

Illinois

EPA

for

an

extension

of

time

by

which

to

file

a

petition

for

review,

asking the

Illinois

EPA

to

join

in

requesting

that

the

Board

extend

the

thirty-five

day

period

for

filing

a

petition

by

ninety

days.

Upon

information

and

belief

the

Petitioner

did

receive the

final

decision

on

May

21,

2009.

1

---

3.

The

additional

time

requested

by

the

parties

may

eliminate

the

need

for

a hearing

in this

matter

or,

in the

alternative,

allow

the

parties

to identify

issues

and limit

the

scope

of

any

hearing

that

may

be

necessary

to resolve

this matter.

WHEREFORE,

for

the reasons stated

above,

the

parties

request

that

the

Board,

in

the

interest

of

administrative

and judicial

economy,

grant

this

request

for

a

ninety-day

extension

of

the

thirty-five

day

period

for

petitioning

for a

hearing.

Respectfully

submitted,

ILLINOIS ENVIRONMENTAL

PROTECTION

AGENCY

Counsel

Dated:

June

23,

2009

1021

North

Grand

Avenue,

East

P.O.

Box

19276

Springfield, Illinois

62794-9276

217/782-5544

217/782-9143

(TDD)

THIS

FILING

IS

SUBMITTED

ON

RECYCLED

PAPER

2

---

P.

02/05

JUN—16—2009

15:21

DLC

LEGflL

86/18/2009

15:57

3147269575

PSE

02/05

NAY

2

112009

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

1021

NORTH

GRAND

AVENUE

EAST,

P.O.

Box

19276,

SPRINOFtST0,

ILUNOIS

62794-9276

—(217)

782-2829

JAMES

R.

THOMPSON

CENTER,

100

WEST

RANDOLPH,

SUITE

11300,

CHICAcO.

IL

60601

—

(312)

8146026

DOUGLAS

P.

Scott,

DiRECTOR

2

17)782-6762

CERTIFIED

MAIL

MAY

1

8

zoos

7008

1140

0004

7345

333’S

Spirit

Energy,

LLC

Ms.

Donna

Wail

7751

Carondelct

Avenue,

Suite

202

St.

Louis,

MO

63105

Re:

LPC

#0770

1

55076—Yackson

County

Carbondale/

Spirit

Energy,

LLC

315

East

Walnut

Street

Lealdng

UST

Incident

No

200811

9,20060627,

20041403

and

960121.

Leaking

UST

Technical

File

Dear

Ms.

Well:

The

illinois

Environmental

Protection

Agency

(Illinois

EPA)

has

reviewed

the

Free

Product

Removal

Plan

(plan)

submitted

for

the

above-referenced

incident.

The

plan.

dated

May

4.

2009,

was

received

by

the

illinois

EPA

on

May

6,

2009.

Citations

in

this

letter

are

from

the

Environmental

Protection

Act

(Act),

as

amended

by

Public

Act

92-0554

on

June

24,

2002,

and

35

illinois

Administrative

Code

(35

1W

Adm.

Code).

The

plan

is

modified,

as

follows

(Section

57.7(c)

of

the

Act

and

35

ill.

Adm.

Code

734.505(b)

and

734.510(a)):

1.

Soil

BETX

with

MTI3E

and

soil

PNA

analysis

must

be

performed

on

the

seven

requested

soil

borings

that

are

to

be

completed

as

fo’ur4nch

free

product

recovery

wells.

2.

For

estimating

purposes,

it

has

been

assumed

that

a

total

of

approximately

1.8,000

gallons

of

free

product

and

dissolved

phase

groundwater

will

be

removed

during

the

extraction

events

over

a

six-month

period.

This

figure

is,

however,

only

an

estimation.

if

the

recovery

wells

are

found

to

have

less

than

one-eighth

of

an

inch

of

free

product

at

the

beginning

of

any

removal

event,

the

free

product

removal

activities

are

to

cease

and

site

investigation

is

to

continue

in

accordance

with

35

Ill

Aim.

Code

734,3

10.

In

addition,

the

coffesponding

budget

is

modified

pursuant

to

Section

57.7(c)

of

the

Act

and

35

ill.

Mni.

Code

734.505(b)

and

734.5

10(b).

Based

upon

the

modifications

listed

in

Section

2

of

Attachment

A,

the

amounts

listed

in

Section

1

of

Attachment

A

are

approved.

Please

note

that

the

costs

twist

be

incurred

in.

accordance

with

the

approved

plan.

Be

aware

that

the

amount

of

payment

from

the

UST

Fund

may

be

limited

by

Sections

57.8(d),

57.8(e),

and

57.8(g)

of

the

Act,

as

well

as

35

Iii.

Adm.

Code

734.630(s)

and

734.655.

Rooo’cto

—

4302

North

Main

Street,

Rockforcl,

IL

51103

—

(513)

987.7760

.

DES

PtMt4t$

-

9511

W.

Harrison

St.

Des

Plaines,

Ii.

60016

—

(847)

294-4000

ELcmI

—

595

South

State,

W*t,

IL

60123

—

(047)

608.3131

.

Psosi

—

5415

N.

University

St,

PeorIa,

ii.

81614—

(309)

693.5463

8uRMu

OP

NO

-

PeoRIA

—

7620

N.

Unlversily

St.,

Peoria,

IL

61614

-

(309)

603.5462

.

CHAIAPMGN

—

2125

South

Rrst

Stroct,

Chen’tpalgn,

IL

61820

-

(217)

278-5800

COLuN,vlu.Ti

—

2009

MalI

Streel,

CoItinsville,

IL

62234

—

(618)

346-5120

.

Msior

—

2309W.

MaIn

SI.,

Suite

1

36,

Marion,

IL

62959

—

(536)

993-7200

PRIN1’tO

ON

RECYCI.so

PAt’rR

---

JUN—18—2009

15:21

DLC

LEGAL

P.03/05

06/10/2009

15:57

3147269575

PE2GE

03/05

If,

following

approval

of

the

free

product

removal

plan

or

associated

budget,

it

is

determined

that

a

revised

removal

plan

or

budget

is

necessary

in

order

to

complete

free

product

removal,

an

amended

free

product

removal

plan

or

budget,

as

applicable,

must

be

submitted

to

the

Illinois

EPA

for

review

(35

ifi.

Adrn.

Code

734.215(g)).

Any

auth

plan

and

budget

shall

be

submitted

to

the

fllinois

EPA

for

review

and

approval,

rejection,

or

modification

prior

to

payment

for

any

related

costs

or

the

issuance

of

a

No

Further

Remediation

Letter

(35

111.

Adm.

Code

734-215(f)).

NOTE:

None

of

the

four

incident

numbers

assigned

to

this

site

has

been

determined

to

be

a

re-reporting

of

another

incident.

In

fact,

there

have

been

four

separate

occurrences

on

this

site.

Therefore,

in

accordance

with

35

111.

Ada

Code

734.6]

5(b)(2)

and

(3),

four

separate

eligibility

and

deductibility

determinations

are

needed

for

this

site.

Each

reported

incident

is

a

separate

occurrence

and

is

subject

to

its

own

deductibility

determination.

Incident

number

960121

was

reported

under

35

ill.

Adm,

Code

732.

If

remedial

activities

are

to

pertain

to

all

four

incidents,

as

was

stated

in

the

report,

then

all

four

incidents

must

proceed

under

35

111.

Ada

Code

734.

Please

submit

an

“Election

to

Proceed

under

35

111.

Adm.

Code

734”

form

for

incident

number

960121.

The

form

can

be

found

at

htty://wuw.epa.state.i1.us/landJlusijforms/techtica1$orms/thdexJtm}.

Also

include

a

“Stage

1

Site

Investigation

Certification”

for

incidents

960121.

20041403

and

20081119.

In

addition,

it

does

not

appear

as

if

Stage

1

Site

Investigation

has

been

performed

in

accordance

with.

35

Ill.

Adm.

Code

734.315.

A

Stage

I

soil

and

groundwater

investigation

must

be

done

in

accordance

with.

35

ilL

Ada

Code

734.315(a)

(1)

and

(2).

The

Illinois

EPA

requires

that

the

owner

or

operator

submit

a

site

investigation

plan

and

budget

for

stage

2

of

investigation

(including

the

results

of

the

Stage

I

site

investigation

and

a

summary

of

actual

costs)

within

60

days

of

the

date

of

this

letter

pursuant

to

Sections

57.7(a)

and

57.12(c)

and

(6)

of

the

Act

and

35

Ill.

Adm.

Code

734.305.

Au

underground

storage

tank

system

owner

or

operator

may

appeal

this

decision

to

the

Illinois

Pollution

Control

Board.

Appeal

rights

are

attached.

If

you

have

any

questions

or

need

further

assistance,

please

contact

Brad

Dilbaitis

at

(217)

785-8378

or

at

Unit

Manager

Leaking

Underground

Storage

Tank

Section

Division

of

Remediation

Management

Bureau

of

Land

TAH:

J3JDWPPLANniodBUDmod.docx

Attachment:

Attachment

A

Appeal

Rights

c:

Geotechnology,

Inc.

BOL

File

---

JUN—18—2009

15:21

XC

LEGflL

P.04/05

06/18/2009

15:57

3147269575

PAGE

04/05

Attachment

A

Re:

LPC

#

0770155076—Jackson

County

Carbondale!

Spirit

Energy,

LLC

315

East

Walnut

Street

Leaking

UST

Incident

No,

20081119,

20060627,

20041403

and

960121

Leaking

UST

Technical

File

SECTION

1

As

a

result

of

Illinois

EPA’s

modification(s)

in

Section

2

of

this

Attachment

A, the

following

amounts

are

approved:

$5,426.40

Drilling

and

Monitoring

Well

Costs

$3,618.30

Analytical

Costs

$26,280.00

Remecliation

and

Disposal

Costs

$0.00

UST

Removal

and

Abandonment

Costs

$0.00

Paving,

Demolition,

and

Well

Abandonment

Costs

$37,449.02

Consulting

Personnel

Costs

$5,350.00

Consultant’s

Materials

Costs

For

your

information,

pursuant

to

35

III.

Aiim.

Code

734.855,

the

lowest

bid

for

Remecliation

and

Disposal

Costs

provided

by

Illini

Environmental,

Inc.

is

approved.

Handling

charges

will

be

determined

at

the

time

a

billing

package

is

reviewed

by

the

Illinois

EPA.

The

amount

of

allowable

handling

charges

will

be

determined

in

accordance

with

Section

57.1(a)

of

the

Environmental

Protection

Act

(Act)

and

35

Illinois

Administrative

Code

(35

III.

Ada

Code)

734.635.

SECTION

2

The

Free

Product

Removal

Plan

was

modified

to

include

BETX

soil

with

MTBE

and

PNA

soil

analysis.

The

budget

approves

two

soil

samples

per

soil

boring,

one

for

each

five-foot

interval,

The

depth

to

groundwater

in

the

previous

site

assessment

wells

ranged

from

1.9

feet

below

the

ground

surface

to

9.0

feet

below

the

ground

surface.

A

total

of

14

BETX

soil

with

MTBE

and

14

PNA

soil

samples

have

been

approved

at

Subpart

H

maximum

amounts

of

$92.69

per

sample

and

$165.76

per

sample,

respectively,

for

a

total

of

$3,618.30.

E.JD\FPPLANmodBUDmodA.docx

---

JUN—18—2009

15:21

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P.05/05

06/10/2009

15:57

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PAGE

os/os

Appeal

Rights

An

underground

storage

tank

owner

or

operator

may

appeal

this

final

decision

to

the

Thinois

Pollution

Control

Board

pursuant

to

Sections

40

and

57.7(c)(4)

of

the

Act

by

filing

a

petition

for

a

hearing

within

35

days

after

the

date

of

issuance

of

the

final

decision.

However,

the

35-day

period

may

be

extended

for

a

period

of

time

not

to

exceed

90

clays

by

‘nritten

notice

from

the

owner

or

operator

and

the

Illinois

EPA

within

the

initial

35-day

appeal

period.

If

the

owner

or

operator

wishes

to

receive

a

90-day

extension,

a

written

request

that

includes

a

statement

of

the

date

the

final

decision

was

received,

along

with

a

copy

of

this

decision,

must

be

sent

to

the

illinois

EPA

as

soon

as

possible.

For

information

regarding

the

request

for

an

extension,

please

contact:

Illinois

Environmental

Protection

Agency

Division

of

Legal

Counsel

1021

North

Grand

Avenue

East

Post

Office

Box

192%

Springfield,

IL

62794-9276

217/782-5544

For

information

regarding

the

filing

of

an

appeal,

please

contact:

Illinois

Pollution

Control

Board,

Clerk

State

of

Illinois

Center

100

West

Randolph,

Suite

11-500

Chicago,

IL

60601

312/814-3620

TOTAL

P.05

---

CERTIFICATE

OF

SERVICE

I, the

undersigned

attorney

at law,

hereby certify

that on June

23,

2009

I served

true

and

correct

copies of

a

REQUEST

FOR

NINETY

DAY

EXTENSION

OF

APPEAL

PERIOD

by

first

class mail

of the

United

States

Postal Service

upon the

persons

as follows:

John

Therriault

Assistant

Clerk

Illinois

Pollution

Control

Board

100

West Randolph

Street,

Suite

11-500

Chicago,

Illinois

60601-3218

Donna

Weil

Spirit

Energy,

L.L.C.

7751

Carondelet

Avenue,

Suite

202

St.

Louis,

Missouri

63105

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

James

G.

Richardson

Assistant

Counsel

Division

of Legal

Counsel

1021

North Grand

Avenue

East

P.O.

Box

19276

Springfield,

Illinois

62794-9276

217/782-5544

217/782-9143

(TDD)

3