TITLE 35: ENVIRONMENTAL PROTECTION

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

PART 740

SITE REMEDIATION PROGRAM

SUBPART A: GENERAL

Section

740.100 Purpose

740.105 Applicability

740.110 Permit Waiver

740.115 Agency Authority

740.120 Definitions

740.125 Incorporations by Reference

740.130 Severability

SUBPART B: APPLICATIONS AND AGREEMENTS FOR REVIEW AND EVALUATION

SERVICES

Section

740.200 General

740.205 Submittal of Application and Agreement

740.210 Contents of Application and Agreement

740.215 Approval or Denial of Application and Agreement

740.220 Acceptance and Modification of Application and Agreement

740.225 Termination of Agreement by the Remediation Applicant (RA)

740.230 Termination of Agreement by the Agency

740.235 Use of Review and Evaluation Licensed Professional Engineer (RELPE)

SUBPART C: RECORDKEEPING, BILLING AND PAYMENT

Section

740.300 General

740.305 Recordkeeping for Agency Services

740.310 Request for Payment

740.315 Submittal of Payment

740.320 Manner of Payment

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SUBPART D: SITE INVESTIGATIONS, DETERMINATION OF REMEDIATION

OBJECTIVES, PREPARATION OF PLANS AND REPORTS

Section

740.400 General

740.405 Conduct of Site Activities and Preparation of Plans and Reports by Licensed

Professional Engineer (LPE)

740.410 Form and Delivery of Plans and Reports, Signatories and Certifications

740.415 Site Investigation -- General

740.420 Comprehensive Site Investigation

740.425 Site Investigation Report -- Comprehensive Site Investigation

740.430 Focused Site Investigation

740.435 Site Investigation Report -- Focused Site Investigation

740.440 Determination of Remediation Objectives

740.445 Remediation Objectives Report

740.450 Remedial Action Plan

740.455 Remedial Action Completion Report

SUBPART E: SUBMITTAL AND REVIEW OF PLANS AND REPORTS

Section

740.500 General

740.505 Reviews of Plans and Reports

740.510 Standards for Review of Site Investigation Reports and Related Activities

740.515 Standards for Review of Remediation Objectives Reports

740.520 Standards for Review of Remedial Action Plans and Related Activities

740.525 Standards for Review of Remedial Action Completion Reports and Related Activities

740.530 Establishment of Groundwater Management Zones

740.535 Establishment of Soil Management Zones

SUBPART F: NO FURTHER REMEDIATION LETTERS AND RECORDING

REQUIREMENTS

Section

740.600 General

740.605 Issuance of No Further Remediation Letter

740.610 Contents of No Further Remediation Letter

740.615 Payment of Fees

740.620 Duty to Record No Further Remediation Letter

740.621 Requirements for No Further Remediation Letters Issued to Illinois Department of

Transportation Remediation Sites Located in Rights-of-Way

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740.625 Voidance of No Further Remediation Letter

SUBPART G: REVIEW OF ENVIRONMENTAL REMEDIATION COSTS FOR

ENVIRONMENTAL REMEDIATION TAX CREDIT

Section

740.700 General

740.705 Preliminary Review of Estimated Remediation Costs

740.710 Application for Final Review of Remediation Costs

740.715 Agency Review of Application for Final Review of Remediation Costs

740.720 Fees and Manner of Payment

740.725 Remediation Costs

740.730 Ineligible Costs

740.APPENDIX A Target Compound List

740.TABLE A Volatile Organics Analytical Parameters and Required Quantitation

Limits

740.TABLE B Semivolatile Organic Analytical Parameters and Required Quantitation

Limits

740.TABLE C Pesticide and Aroclors Organic Analytical Parameters and Required

Quantitation Limits

740.TABLE D Inorganic Analytical Parameters and Required Quantitation Limits

740.APPENDIX B Review and Evaluation Licensed Professional Engineer Information

AUTHORITY: Implementing Sections 58 through 58.8 and 58.10 through 58.14 and authorized

by Sections 58.5, 58.6, 58.7, 58.11 and 58.14 of the Environmental Protection Act [415 ILCS

5/58 through 58.8 and 58.10 through 58.14].

SOURCE: Adopted in R97-11 at 21 Ill. Reg. 7889, effective July 1, 1997; amended in R98-27 at

22 Ill. Reg.19580, effective October 26, 1998; amended in R01-____ at ____ Ill. Reg. ___ ,

effective __________.

NOTE: Italics Capitalization denotes statutory language. In this Part, the abbreviation ug is used

to indicate micrograms.

SUBPART A: GENERAL

Section 740.120 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 Environmental Protection Act.

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"Act" means the Environmental Protection Act [415 ILCS 5].

"Agency" means the Illinois Environmental Protection Agency

. (Section 3.01 of

the Act)

"Agency travel costs" means costs incurred and documented for travel in

accordance with 80 Ill. Adm. Code 2800 and 3000 by individuals employed by

the Agency. Such costs include costs for lodging, meals, travel, automobile

mileage, vehicle leasing, tolls, taxi fares, parking and miscellaneous items.

"Agrichemical facility" means a site on which agricultural pesticides are stored

or handled, or both, in preparation for end use, or distributed. The term does not

include basic manufacturing facility sites

. (Section 58.2 of the Act)

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

(Section 58.2 of

the Act)

"Authorized agent" means a person who is authorized by written consent or by

law to act on behalf of an owner, operator, or Remediation Applicant.

"Board" means the Pollution Control Board.

"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 Remediation Applicant

based upon reasonable inquiry.

(Section 58.2 of the Act)

"Costs" means all costs incurred by the Agency in providing services pursuant to

a Review and Evaluation Services Agreement.

"Groundwater management zone" or "GMZ" means a three-dimensional region

containing groundwater being managed to mitigate impairment caused by the

release of contaminants of concern at a remediation site.

"Indirect costs" means those costs incurred by the Agency which cannot be

attributed directly to a specific site but are necessary to support the site-specific

activities, including, but not limited to, such expenses as managerial and

administrative services, building rent and maintenance, utilities, telephone and

office supplies.

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"Laboratory costs" means costs for services and materials associated with

identifying, analyzing, and quantifying chemical compounds in samples at a

laboratory.

"Licensed Professional Engineer" or "LPE" means a person, corporation or

partnership licensed under the laws of this State to practice professional

engineering.

(Section 58.2 of the Act)

"Licensed Professional Geologist" or "LPG" means an individual who is licensed

under

the Professional Geologist Licensing Act

to engage in the practice of

professional geology in Illinois.

(Professional Geologist Licensing Act [225

ILCS 745/15])

"Other contractual costs" means costs for contractual services not otherwise

specifically identified, including, but not limited to, printing, blueprints,

photography, film processing, computer services and overnight mail.

“Perfected” means recorded or filed for record so as to place the public on notice.

"Person" means individual, trust, firm, joint stock company, joint venture,

consortium, commercial entity, corporation (including a government

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.

(Section 58.2 of the Act)

"Personal services costs" means costs relative to the employment of individuals

by the Agency. Such costs include, but are not limited to, hourly wages and

fringe benefits.

"Pesticide" means any substance or mixture of substances intended for

preventing, destroying, repelling, or mitigating any pest or any substance or

mixture of substances intended for use as a plant regulator, defoliant or

desiccant.

(Illinois Pesticide Act [415 ILCS 60/4])

"Practical quantitation limit" or "PQL" or "Estimated quantitation limit" means

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 at Section 740.125 of this Part. For filtered water

samples, PQL also means the Method Detection Limit or Estimated Detection

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Limit in accordance with the applicable method revision in: "Methods for the

Determination of Metals in Environmental Samples," EPA Publication No.

EPA/600/4-91/010; "Methods for the Determination of Metals in Environmental

Samples, Supplement I," EPA Publication No. EPA/600/R-94/111; "Methods for

the Determination of Organic Compounds in Drinking Water," EPA Publication

No. EPA/600/4-88/039; "Methods for the Determination of Organic Compounds

in Drinking Water, Supplement II," EPA Publication No. EPA/600/R-92/129; or

"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 at Section 740.125 of this Part.

"Reasonably obtainable" means that a copy or reasonable facsimile of the record

must be obtainable from a private entity or government agency by request and

upon payment of a processing fee, if any.

"Recognized environmental condition" means the presence or likely presence of

any regulated substance or pesticide under conditions that indicate a release,

threatened release or suspected release of any regulated substance or pesticide at,

on, to or from a remediation site into structures, surface water, sediments,

groundwater, soil, fill or geologic materials. The term shall not include de

minimis conditions that do not present a threat to human health or the

environment.

"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).

(Section 58.2 of the Act)

Regulated substance of concern"

or "contaminant 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 Remediation Applicant

based upon reasonable inquiry.

(Section 58.2 of the Act)

"Release" means any spilling, leaking, pumping, pouring, emitting, emptying,

discharging, injecting, escaping, leaching, dumping, or disposing into the

environment, but excludes any release which results in exposure to persons solely

within a workplace, with respect to a claim which such persons may assert

against the employer or such persons; emissions from the engine exhaust of a

motor vehicle, rolling stock, aircraft, vessel, or pipeline pumping station engine;

release of source, byproduct, or special nuclear material from a nuclear incident,

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as those terms are defined in the federal Atomic Energy Act of 1954, if such

release is subject to requirements with respect to financial protection established

by the Nuclear Regulatory Commission under Section 170 of such Act; and the

normal application of fertilizer.

(Section 3.33 of the Act)

"Remedial action" means activities associated with compliance with the

provisions of Sections 58.6 and 58.7

of the Act, including, but not limited to, the

conduct of site investigations, preparation of work plans and reports, removal or

treatment of contaminants, construction and maintenance of engineered barriers,

and/or implementation of institutional controls. (Section 58.2 of the Act)

"Remediation Applicant" or "RA" means any person seeking to perform or

performing investigative or remedial activities under Title XVII of the Act,

including the owner or operator of the site or persons authorized by law or

consent to act on behalf of or in lieu of the owner or operator of the site.

(Section

58.2 of the Act)

"Remediation costs" means reasonable costs paid for investigating and

remediating regulated substances of concern consistent with the remedy selected

for

the

site. For purposes of Subpart G of this Part, "Remediation Costs" shall

not include costs incurred prior to January 1, 1998, costs incurred after the

issuance of a No Further Remediation Letter under

Subpart F of this Part,

or costs

incurred more than 12 months prior to acceptance into the Site Remediation

Program

under this Part. (Section 58.2 of the Act)

"Remediation objective" means a goal to be achieved in performing remedial

action, including but not limited to the concentration of a contaminant, an

engineered barrier or engineered control, or an institutional control established

under Section 58.5 of the Act or Section 740.Subpart D of this Part.

"Remediation site" means the single location, place, tract of land, or parcel or

portion of any parcel of property, including contiguous property separated by a

public right-of-way, for which review, evaluation, and approval of any plan or

report has been requested by the Remediation Applicant in its application for

review and evaluation services. This term also includes, but is not limited to, all

buildings and improvements present at that location, place, or tract of land.

"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. (Section 58.2 of the Act)

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"Review and Evaluation Licensed Professional Engineer" or "RELPE" means the

licensed professional engineer with whom a Remediation Applicant (RA) has

contracted to perform review and evaluation services under the direction of the

Agency.

"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.

(Section 58.2 of the Act) This term also includes, but is not limited to, all

buildings and improvements present at that location, place or tract of land.

"Soil management zone" or "SMZ" means a three dimensional region containing

soil being managed to mitigate contamination caused by the release of

contaminants at a remediation site.

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

Section 740.125 Incorporations by Reference

The Board incorporates the following material by reference. These incorporations include no

later amendments or editions.

a) ASTM. American Society for Testing Materials, 1916 Race Street, Philadelphia,

PA 19103. (610) 832-9500

ASTM E 1527-00 1527-94, Standard Practice for Environmental Site

Assessments: Phase I Environmental Site Assessment Process, vol. 11.04,

approved May 10, 2000. April 15, 1994.

b) U.S. Government Printing Office, Superintendent of Documents, Washington,

D.C. 20402. (202) 783-3238

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

EPA Publication No. SW-846 (Third Edition (September 1986), as

amended by Update III (June 1997)). I (July 1992)).

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

Springfield, VA 22161. (703) 605-6000 or 1-800-553-6847 (703) 487-4600

"Methods for the Determination of Metals in Environmental Samples,"

EPA Publication No. EPA/600/4-91/010 (June 1991);

“Methods for the Determination of Metals in Environmental Samples,

Supplement I,” EPA Publication No. EPA/600/R-94/111 (May 1994);

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

"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 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).

d) United States Environmental Protection Agency, Office of Emergency and

Remedial Response, Washington, D.C. 20460.

"A Compendium of Superfund Field Operations Methods," EPA/540/0-

87-001, OSWER Directive 9355.0-14 (December 1987);

"Subsurface Characterization and Monitoring Techniques: A Desk

Reference Guide, Volume I: Solids and Ground Water, Appendices A and

B," EPA/625/R-93/003a (May 1993);

"Subsurface Characterization and Monitoring Techniques: A Desk

Reference Guide, Volume II: The Vadose Zone, Field Screening and

Analytical Methods, Appendices C and D," EPA/625/R-93/003b (May

1993).

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

SUBPART D: SITE INVESTIGATIONS, DETERMINATION OF REMEDIATION

OBJECTIVES, PREPARATION OF PLANS AND REPORTS

Section 740.405 Conduct of Site Activities and Preparation of Plans and Reports by

Licensed Professional Engineer (LPE)

a) All remediation site activities shall be conducted by, or under the supervision of, a

Licensed Professional Engineer (LPE), or, to the extent authorized by the

Professional Geologist Licensing Act [225 ILCS 745], by, or under the

supervision of, a Licensed Professional Geologist (LPG). All plans and reports

submitted for review and evaluation shall be prepared by, or under the supervision

of, an LPE.

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b) All plans and reports submitted for review and evaluation shall be prepared by, or

under the supervision of, an LPE.

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

Section 740.410 Form and Delivery of Plans and Reports, Signatories and Certifications

a) All plans and reports prepared under this Part shall be submitted to the Agency on

forms prescribed and provided by the Agency with attachments and

accompanying documentation as necessary. Plans and reports shall be mailed or

delivered to the address designated by the Agency on the forms. Plans and

reports that are hand-delivered to the Agency shall be delivered during the

Agency's normal business hours.

b) All plans and reports submitted to the Agency shall include:

1) The full legal name, address and telephone number of the Remediation

Applicant (RA) or any authorized agent acting on behalf of the RA, and

any contact persons to whom inquiries and correspondence must be

addressed;

2) The original signature of the RA or of any authorized agent acting on

behalf of the RA;

3) The name of the LPE or LPG responsible for remediation site activities

and the name of the LPE responsible for the preparation of the plan or

report, the date of preparation, registration number, license expiration

date, and professional seal; and

4) Except as provided in subsection (c) below, the LPE responsible for the

site investigations, remedial activities, and preparation of the plans or

reports shall affirm by original signature as follows:

I attest that all site investigations or remedial activities that are the subject

of this plan or report were performed under my direction and this

document and all attachments were prepared under my direction or

reviewed by me, and, to the best of my knowledge and belief, the work

described in the plan or report has been designed or completed in

accordance with the Act, 35 Ill. Adm. Code 740, and generally accepted

engineering practices, and the information presented is accurate and

complete.

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c) If the investigation relies in whole or in part upon investigations or remedial

activities conducted before the affirming LPE's assumption of responsibility for

site activities, then the LPE is not required to affirm that those portions of the

investigation or remedial activities were carried out under his or her direction.

However, the LPE shall review the documentation of the prior investigations or

remedial activities and evaluate their suitability for compliance with Title XVII of

the Act and this Part. Such information may be submitted to the Agency for

consideration along with the LPE's written evaluation of suitability, but the

Agency shall not be required to accept the information as evidence of compliance

with any requirements of the Act or this Part.

d) The

RA may elect to prepare and submit for review and approval any and all

reports and plans required under this

Part

individually following the completion

of each such activity

concurrently following the completion of all activities, or

in any other combination.

(Section 58.6(f) of the Act)

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

Section 740.415 Site Investigation -- General

A site investigation shall be performed under this Part to identify, as indicated within the RA's

application for review and evaluation services, all or specified recognized environmental

conditions existing at the remediation site, the related contaminants of concern, and associated

factors that will aid in the identification of risks to human health, safety and the environment, the

determination of remediation objectives, and the design and implementation of a Remedial

Action Plan.

a) If the RA has elected under the application for review and evaluation services to

obtain a No Further Remediation Letter covering all recognized environmental

conditions and related contaminants of concern for the remediation site, then the

procedures provided under Sections 740.420 and 740.425 of this Part shall be

followed.

b) If the RA has elected under the application for review and evaluation services to

obtain a No Further Remediation Letter covering a limited number of recognized

environmental conditions and related contaminants of concern as specified by the

RA, then the procedures at Sections 740.430 and 740.435 of this Part shall be

followed.

c) The RA may revise an election at anytime by initiating a modification of the

Review and Evaluation Services Agreement under Section 740.220 of this Part

and performing the appropriate site investigation, if necessary.

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d) Site investigations shall satisfy the following data quality objectives for field and

laboratory operations to ensure that all data is scientifically valid and of known

precision and accuracy:

1) All field sampling activities relative to sample collection, documentation,

preparation, labeling, storage, shipment and security, quality assurance

and quality control, acceptance criteria, corrective action, and

decontamination procedures shall be conducted in accordance with "Test

Methods for Evaluating Solid Waste, Physical/Chemical Methods" (SW-

846), Vol. One, Ch. One (Quality Control) and Vol. Two (Field Manual),

incorporated by reference at Section 740.125 of this Part. If approved by

the Agency, such activities also may be conducted in accordance with

ASTM standards, methods identified in "A Compendium of Superfund

Field Operations Methods" (EPA/540/0-87-001, OSWER Directive

9355.0-14, December 1987), "Subsurface Characterization and Monitoring

Techniques: A Desk Reference Guide, Volume I: Solids and Ground

Water, Appendices A and B" (EPA/625/R-93/003a, May 1993),

"Subsurface Characterization and Monitoring Techniques: A Desk

Reference Guide, Volume II: The Vadose Zone, Field Screening and

Analytical Methods, Appendices C and D" (EPA/625/R-93/003b, May

1993), or other procedures.

2) All field measurement activities relative to equipment and instrument

operation, calibration and maintenance, corrective action, and data

handling shall be conducted in accordance with "Test Methods for

Evaluating Solid Waste, Physical/Chemical Methods" (SW-846), Vol.

One, Ch. One (Quality Control), incorporated by reference at Section

740.125 of this Part, or with an equipment or instrument manufacturer's or

vendor's published standard operating procedures.

All laboratory quantitative analysis of samples to determine concentrations

of regulated substances or pesticides shall be conducted fully in

accordance with "Test Methods for Evaluating Solid Waste,

Physical/Chemical Methods" (SW-846), incorporated by reference at

Section 740.125 of this Part, relative to all facilities, equipment and

instrumentation, operating procedures, sample management, test methods,

equipment calibration and maintenance, quality assurance and quality

control, corrective action, data reduction and validation, reporting, and

records management. The practical quantitation limit (PQL) of the test

methods selected must be less than or equal to the Tier 1 soil remediation

objectives for residential properties, applicable groundwater remediation

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objectives under 35 Ill. Adm Code 742.Appendix B, or, if already

determined, PQL for the Target Compound List at Appendix A of this

Part, or, if the site remediation objective concentrations have been

determined, the PQL must be less than or equal to the remediation

objective concentrations for the site.

4) All field or laboratory measurements of samples to determine physical or

geophysical characteristics shall be conducted in accordance with ASTM

standards or other procedures as approved by the Agency.

5) All laboratory quantitative analyses of samples to determine

concentrations of any regulated substances or pesticides that require more

exacting detection limits or cannot be analyzed by standard methods

identified in "Test Methods for Evaluating Solid Waste,

Physical/Chemical Methods" (SW-846), incorporated by reference at

Section 740.125 of this Part, shall be conducted in accordance with

analytical protocols developed in consultation with and approved by the

Agency.

6) Effective July 1, 2002, all quantitative analyses of samples collected on or

after that date and utilizing any of the approved test methods identified in

35 Ill. Adm. Code 186.180 shall be completed by an accredited laboratory

in accordance with the requirements of 35 Ill. Adm. Code 186.

Quantitative analyses not utilizing an accredited laboratory in accordance

with Part 186 shall be deemed invalid.

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

Section 740.420 Comprehensive Site Investigation

The comprehensive site investigation is designed to identify all recognized environmental

conditions and all related contaminants of concern that may be expected to exist at a remediation

site. The comprehensive site investigation shall be performed in two phases as set forth below.

a) Unless an alternative is approved by the Agency, the phase I environmental site

assessment shall be designed and implemented in accordance with the procedures

for such assessments set forth in "Standard Practice for Environmental Site

Assessments: Phase I Environmental Site Assessment Process" (ASTM E 1527-

00 1527-94), incorporated by reference at Section 740.125 of this Part.

b) The phase II environmental site assessment shall determine the nature,

concentration, direction and rate of movement, and extent of the contaminants of

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concern at the remediation site and the significant physical features of the

remediation site and vicinity that may affect contaminant fate and transport and

risk to human health, safety and the environment. At a minimum, the phase II

environmental site assessment shall include:

1) Sampling, analyses, and field screening measurements indicating the

concentrations of contaminants, if any, from the Target Compound List at

Appendix A of this Part and any other contaminants whose presence has

been indicated by the phase I environmental site assessment. Based on the

phase I environmental site assessment, the Agency may add or delete

contaminants from the Target Compound List for sampling, analyses, and

field screening measurements;

2) Characterization of sources and potential sources of recognized

environmental conditions and the related contaminants of concern,

identifying:

The sources or potential sources of contamination;

The contaminants of concern;

Statutory or regulatory classification of the contaminants of

concern and contaminated materials (e.g., hazardous waste,

hazardous substance, special waste);

3) Characterization of the extent of contaminants of concern, identifying:

The actual contaminated medium or media;

The three-dimensional configuration of contaminants of concern

with concentrations delineated; and

The nature, direction, and rate of movement of the contaminants of

concern;

4) Characterization of present and post-remediation exposure routes,

identifying:

All natural and man-made pathways that are on the remediation

site, in rights-of-way attached to the remediation site, or in any

areas surrounding the remediation site that may be adversely

affected as a result of a release (from the recognized environmental

conditions) and whether there is evidence of migration of

contaminants of concern, in either solution or vapors, along such

pathways that may potentially threaten human or environmental

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receptors or that may cause explosions in basements, crawl spaces,

utility conduits, storm or sanitary sewers, vaults or other spaces;

The locations of any human and environmental receptors and

receptor exposure routes; and

Current and post-remediation uses of affected or potentially

affected land, groundwater, surface water, and sensitive habitats;

and

5) Characterization of significant physical features of the remediation site

and vicinity that may affect contaminant fate and transport and risk to

human health, safety and the environment.

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

Section 740.425 Site Investigation Report -- Comprehensive Site Investigation

Site investigation results for both phase I and phase II of the comprehensive site

investigation shall be combined into one Site Investigation Report.

b) A Site Investigation Report for a comprehensive site investigation shall include,

but not be limited to, the following chapters:

1) Executive summary. This chapter shall identify the objectives of the site

investigation and the technical approach utilized to meet such objectives.

It shall state whether recognized environmental conditions were identified

and the data limitations in the assessment;

2) Site characterization. This chapter shall include the compilation of all

sources reviewed and information obtained as a result of the site

investigation under Section 740.420 of this Part, including but not limited

to:

Sources consulted or reviewed. This subchapter shall contain a list

of reference documents used in completing the site investigation;

Site history. This subchapter shall present a chronological

summary of the historic uses of the remediation site as prescribed

by "Standard Practice for Environmental Site Assessments: Phase I

Environmental Site Assessment Process" (ASTM E 1527-00 1527-

94), incorporated by reference at Section 740.125 of this Part;

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Site description. This subchapter shall describe the regional

location, pertinent boundary features, general facility

physiography, geology, hydrogeology, existing and potential

migration pathways and exposure routes, and current and post-

remediation uses of the remediation site and surrounding areas that

are immediately adjacent to the remediation site;

Site base map(s) meeting the requirements of Section

740.210(a)(7) and including the following:

The sources or potential sources of the contaminants of

concern, spill areas, and other suspected areas for any or all

contaminants of concern;

ii)

On-site and off-site injection and withdrawal wells; and

iii)

All buildings, tanks, piles, utilities, paved areas, easements,

rights-of-way and other features, including all known past

and current product and waste underground tanks or piping;

and

A legal description or reference to a plat showing the boundaries of

the remediation site;

3) Site-specific sampling plan. This chapter shall indicate those applicable

physical and chemical methods utilized for contaminant source

investigations, soil and sediment investigations, hydrogeological

investigations, surface water investigations, and potential receptor

investigations;

4) Documentation of field activities. This chapter shall include the results of

the field activities to determine physical characteristics. At a minimum,

this chapter shall include the following elements:

Narrative description of the field activities conducted during the

investigation;

The quality assurance project plan utilized to document all

monitoring procedures (e.g., sampling, field measurements and

sample analyses) performed during the investigation, so as to

ensure that all information, data and resulting decisions are

technically sound, statistically valid, and properly documented;

and

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Presentation of the data in an appropriate format (e.g., tabular and

graphical displays) such that all information is organized and

presented logically and that relationships between the different

investigations for each medium are apparent;

5) Endangerment assessment. This chapter shall analyze the results of the

field activities and characterize the extent of contamination (qualitative

and quantitative) for contaminants of concern and compare the

remediation site information with the applicable provisions of 35 Ill. Adm.

Code 742. This chapter shall:

Describe any recognized environmental conditions, evaluate

exposure routes, including threatened releases, and evaluate

exposure routes excluded under 35 Ill. Adm. Code 742;

Describe all conditions the LPE or LPG has determined to be de

minimis along with the rationale for each such de minimis

determination;

Describe the nature, concentration and extent of contaminants of

concern within all environmental media at the remediation site and

assess the observed and potential contaminant fate and transport;

Describe the significant physical features of the remediation site

and vicinity that may affect contaminant transport and risk to

human health, safety and the environment; and

Compare the concentrations of the contaminants of concern with

the corresponding Tier 1 remediation objectives under 35 Ill. Adm.

Code 742;

6) Conclusion. This chapter shall assess the sufficiency of the data in the

report and recommend future steps;

7) Appendices. References and data sources, including but not limited to

field logs, well logs, and reports of laboratory analyses, shall be

incorporated into the appendices with reports containing laboratory

analyses of samples collected on or after July 1, 2002, including the

following: and

A) Accreditation status of the laboratory performing the quantitative

analyses;

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B) Certification by an authorized agent of the laboratory that all

analyses have been performed in accordance with the requirements

of 35 Ill. Adm. Code 186 and the scope of accreditation; and

8) Licensed Professional Engineer affirmation in accordance with Section

740.410 of this Part.

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

Section 740.435 Site Investigation Report -- Focused Site Investigation

a) Data and results from the focused site investigation shall be combined into one

Site Investigation Report.

b) A Site Investigation Report for the focused site investigation shall include the

results and methodologies of the investigation performed pursuant to Section

740.430 of this Part and the following chapters:

1) Executive summary. This chapter shall identify the objectives of the site

investigation and the technical approach utilized to meet such objectives.

It shall state the recognized environmental conditions and related

contaminants of concern specified by the RA and the data limitations in

the assessment;

2) Site description.

A) If a phase I environmental site assessment has been completed in

accordance with Section 740.420(a) of this Part, then the results

may be submitted in accordance with Section 740.425 of this Part;

B) This subchapter shall state the method used for the evaluation of

the remediation site and areas immediately adjacent to the

remediation site and document the observations obtained (e.g., grid

patterns or other systematic approaches used for large properties).

It shall describe the regional location, pertinent boundary features,

general facility physiography, geology, hydrogeology, and current

and post-remediation uses of the remediation site and areas

immediately adjacent to the remediation site;

Site base map(s) meeting the requirements of Section

740.210(a)(7) and including the following:

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The sources or potential sources of the contaminants of

concern, spill areas, and other suspected areas for the

specified contaminants of concern;

ii)

On-site and off-site injection and withdrawal wells; and

iii)

All buildings, tanks, piles, utilities, paved areas, easements,

rights-of-way and other features, including all known past

and current product and waste underground tanks or piping;

A legal description or reference to a plat showing the boundaries of

the remediation site;

3) Enforcement or response actions. This chapter shall include the following

information as relevant to the recognized environmental conditions:

A summary of environmental enforcement actions for the

remediation site and areas immediately adjacent to the remediation

site and their subsequent responses;

Any previous response actions conducted by either local, State,

federal or private parties at those sites; and

A list of documents and studies prepared for those sites;

Site-specific sampling plan. This chapter shall indicate those applicable

physical and chemical methods utilized for contaminant source

investigations, soil and sediment investigations, hydrogeological

investigations, surface water investigations, and potential receptor

investigations;

Documentation of field activities. This chapter shall include the results of

the field activities to determine physical characteristics. At a minimum,

this chapter shall include the following elements:

Narrative description of the field activities conducted during the

investigation;

The quality assurance project plan utilized to document all

monitoring procedures (e.g., sampling, field measurements and

sample analysis) performed during the investigation, so as to

ensure that all information, data and resulting decisions are

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technically sound, statistically valid, and properly documented;

and

Presentation of the data in an appropriate format (e.g., tabular and

graphical displays) such that all information is organized and

presented logically and that relationships between the different

investigations for each medium are apparent;

Endangerment assessment. This chapter shall analyze the results of the

field activities and characterize the extent of contamination (qualitative

and quantitative) for contaminants of concern related to the recognized

environmental conditions and compare the site information with the

applicable provisions of 35 Ill. Adm. Code 742. This chapter shall:

Describe any recognized environmental conditions, evaluate

exposure routes, including threatened releases, and evaluate

exposure routes excluded under 35 Ill. Adm. Code 742;

Describe the nature, concentration and extent of contaminants of

concern within all environmental media at the remediation site and

assess the observed and potential contaminant fate and transport;

Describe the significant physical features of the remediation site

and vicinity that may affect contaminant transport and risk to

human health, safety and the environment; and

Compare the concentrations of the contaminants of concern with

the corresponding Tier 1 remediation objectives under 35 Ill. Adm.

Code 742;

Conclusion. This chapter shall assess the sufficiency of the data in the

report and recommend future steps;

Appendices. Supporting documentation, references and data sources,

including, but not limited to, field logs, well logs, and reports of laboratory

analyses, shall be incorporated into the appendices with reports containing

laboratory analyses of samples collected on or after July 1, 2002,

including the following: and

A) Accreditation status of the laboratory performing the quantitative

analyses;

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B) Certification by an authorized agent of the laboratory that all

analyses have been performed in accordance with the requirements

of 35 Ill. Adm. Code 186 and the scope of accreditation; and

Licensed Professional Engineer affirmation in accordance with Section

740.410 of this Part.

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

Section 740.450 Remedial Action Plan

If the approved remediation objectives for any regulated substance

of concern

established under

Sections 740.440 and 740.445 of this Part

are less than the levels at the

remediation

site prior to

any remedial action, the RA shall prepare a Remedial Action Plan. The plan shall describe the

proposed remedy and evaluate its ability and effectiveness to achieve the remediation objectives

approved for the

remediation

site

(Section 58.6(d) of the Act), including but not limited to:

Executive summary. This chapter shall identify the objectives of the Remedial

Action Plan and the technical approach utilized to meet such objectives. At a

minimum, this chapter shall include the following elements:

The major components (e.g., treatment, containment, removal actions) of

the Remedial Action Plan;

The scope of the problems to be addressed by the proposed remedial

action(s) including the specific contaminants of concern and the physical

area to be addressed by the Remedial Action Plan; and

Schedule of activities with estimated dates of completion through the

recording of the No Further Remediation Letter;

Statement of remediation objectives or reference to Remediation Objectives

Report;

Remedial technologies selected. This chapter shall describe how each major

remedial technology identified in the Remedial Action Plan fits into the overall

strategy for addressing the recognized environmental conditions at the

remediation site, including but not limited to:

Feasibility of implementation;

Whether the technologies will perform satisfactorily and reliably until the

remediation objectives are achieved; and

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Whether remediation objectives will be achieved within a reasonable

period of time;

4) If applicable, a request for a soil management zone under Section 740.535

of this Part describing the steps that will be taken to ensure compliance

with the requirements for soil management zones;

Confirmation sampling plan. This chapter shall describe how the effectiveness of

the remedial action will be measured. At a minimum, a site-specific sampling plan

and quality assurance project plan must be prepared in accordance with the

provisions set forth in Section 740.415(d) of this Part;

Current and post-remediation use of the property;

Applicable engineered barriers, institutional controls, and groundwater

monitoring. This chapter shall describe any such controls selected or relied upon

in determining or achieving remediation objectives, including long-term

reliability, operating and maintenance plans, and monitoring procedures;

Appendices. References and other informational sources should be incorporated

into the appendices; and

Licensed Professional Engineer affirmation in accordance with Section 740.410

of this Part.

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

Section 740.455 Remedial Action Completion Report

Except as provided in subsection (b) below,

upon completion of the Remedial

Action Plan, the RA shall prepare a Remedial Action Completion Report. The

report shall demonstrate whether the remedial action was completed in

accordance with the approved Remedial Action Plan and whether the remediation

objectives, as well as any other requirements of the plan, have been attained.

(Section 58.6(e)(1) of the Act) The report shall include, but not be limited to:

Executive summary. This chapter shall identify the overall objectives of

the remedial action and the technical approach utilized to meet those

objectives, including:

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A brief description of the remediation site, including the

recognized environmental conditions, the contaminants of concern,

the contaminated media, and the extent of contamination;

The major components of the Remedial Action Completion

Report;

The scope of the problems corrected or mitigated by the proposed

remedial action(s); and

The anticipated post-remediation uses of the remediation site and

areas immediately adjacent to the remediation site;

Field activities. This chapter shall provide a narrative description of the:

Field activities conducted during the investigation;

Remedial actions implemented at the remediation site and the

performance of each remedial technology utilized; and

C) Measures that were taken to ensure compliance with the

requirements for soil management zones under Section 740.535 of

this Part, if a soil management zone was used;

Special conditions. This chapter shall provide a description of any:

Engineered barriers utilized in accordance with 35 Ill. Adm. Code

742 to achieve the approved remediation objectives;

Institutional controls accompanying engineered barriers or

industrial/commercial property uses in accordance with Section

740.450 of this Part and 35 Ill. Adm. Code 742, including a legible

copy of any such controls, as appropriate;

Post-remedial monitoring, including:

Conditions to be monitored;

ii)

Purpose;

iii)

Locations;

iv)

Frequency; and

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Contingencies in the event of an exceedence; and

Other conditions, if any, necessary for protection of human health

and the environment that are related to the issuance of a No Further

Remediation Letter;

Results. This chapter shall analyze the effectiveness of the remedial

actions by comparing the results of the confirmation sampling with the

remediation objectives prescribed in the Agency-approved Remedial

Action Plan. The data shall state the remediation objectives or reference

the Remediation Objectives Report and be presented in an appropriate

format (e.g., tabular and graphical displays) such that all information is

organized and presented logically and that relationships between the

different investigations for each medium are apparent;

Conclusion. This chapter shall identify the success meeting objectives.

This chapter shall assess the accuracy and completeness of the data in the

report and, if applicable, future work;

Appendices. References, data sources, and a completed environmental

notice form as provided by the Agency shall be incorporated into the

appendices. Field logs, well logs and reports of laboratory analyses shall

be organized and presented logically with reports of laboratory analyses of

samples collected on or after July 1, 2002, including the following: and

A) Accreditation status of the laboratory performing the quantitative

analyses;

B) Certification by an authorized agent of the laboratory that all

analyses have been performed in accordance with the requirements

of 35 Ill. Adm. Code 186 and the scope of accreditation; and

Licensed Professional Engineer affirmation in accordance with Section

740.410 of this Part.

If the approved remediation objectives for the regulated substances of concern

established under

Sections 740.440 and 740.445 of this Part

are equal to or above

the levels existing at the site prior to any remedial action, notification and

documentation of such

, including a description of any engineered barriers,

institutional controls, and post-remedial monitoring,

shall constitute the entire

Remedial Action Completion Report for purposes of this

Part. (Section 58.6(e)(2)

of the Act)

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

SUBPART E: SUBMITTAL AND REVIEW OF PLANS AND REPORTS

Section 740.525 Standards for Review of Remedial Action Completion Reports and

Related Activities

When reviewing Remedial Action Completion Reports and related activities, the Agency or the

RELPE shall consider:

Whether the report is complete and has been accompanied by the information and

supporting documentation necessary to evaluate the implementation of the

Remedial Action Plan and the attainment of the applicable remediation objectives;

Whether the remedial activities have been completed in accordance with the

approved Remedial Action Plan and whether the applicable remediation

objectives have been attained

(Section 58.7(e)(4) of the Act); and

If engineered barriers and institutional controls have been relied on, or if

monitoring is required, whether the long-term maintenance, operation and

enforcement provisions have been established; and .

d) If a soil management zone was used, whether the requirements for the use of soil

management zones have been satisfied.

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

Section 740.535 Establishment of Soil Management Zones

a) 1) The purpose of a soil management zone is to allow consideration and

approval of on-site solutions to on-site soil contamination without

violating the solid waste disposal regulations at 35 Ill. Adm. Code 807 or

811 - 815.

2) The uses of soil management zones include, but are not limited to, the

following:

A) Placement of contaminated soils for structural fill or land

reclamation;

B) Consolidation of contaminated soils within a remediation site; and

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C) Removal and re-deposit of contaminated soils following on-site

treatment that has reduced contaminant concentrations.

b) Upon approval by the Agency of a Remedial Action Plan under Subpart E of this

Part, soil that is the subject of a request for a soil management zone shall be

classified as a soil management zone if the Remedial Action Plan demonstrates

that the following requirements will be satisfied:

1) All contaminants of concern within the remediation site shall be identified

by a comprehensive site investigation under Section 740.420 of this Part;

2) The horizontal and vertical dimensions of the soil management zone shall

be defined;

3) The uses of the soil management zone shall be defined;

4) All contaminants of concern within the soil management zone shall satisfy

the requirements of 35 Ill. Adm. Code 742.305(a) through (f);

5) All applicable requirements of 35 Ill. Adm. Code 742 shall be satisfied

within the soil management zone, (e.g., all exposure routes must be

addressed; institutional controls and engineered barriers shall be in full

compliance with 35 Ill. Adm. Code 742.Subparts J and K);

6) The soil management zone shall be constructed, operated and maintained

in a manner that:

A) Prevents odor from occurring;

B) Minimizes fugitive emissions of particulate matter in accordance

with 35 Ill. Adm. Code 212.Subpart K and dust generation;

C) Prevents the generation of potentially contaminated runoff; and

D) Does not provide a breeding place or food source for vectors;

7) Within the soil management zone, management of soil containing

hazardous wastes shall comply with the applicable requirements of the

Resource Conservation and Recovery Act [42 U.S.C.A. §§ 6901 - 6992k]

and 35 Ill. Adm. Code 700 - 730; and

8) Soil containing contaminants of concern above the concentrations in 35

Ill. Adm. Code 742.Appendix B: Table A (Tier 1 objectives for residential

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properties) or approved by the Agency pursuant to 35 Ill. Adm. Code

742.510(c) may not be:

A) Treated or placed in any area where all contaminants of concern

within the remediation site are at or below the concentrations in 35

Ill. Adm. Code 742.Appendix B: Table A (Tier 1 objectives for

residential properties) or approved by the Agency pursuant to 35

Ill. Adm. Code 742.510(c); or

B) Treated or placed closer to any residential property contiguous to

the remediation site.

c) The three-dimensional boundaries of the soil management zone shall be as

defined in the approved Remedial Action Plan. The size of the soil management

zone may be modified in an amended Remedial Action Plan. The soil

management zone may not extend beyond the boundaries of the remediation site.

d) Soil management zones designated under this Section shall remain in effect for

the shortest of the following:

1) A period of time as set forth by the Agency in the Remedial Action Plan

approval letter based on the schedule of activities provided under Section

740.425(a)(3). The time may be revised in an amended Remedial Action

Plan as approved by the Agency;

2) Until an Agreement is terminated under Sections 740.225 or 740.230 of

this Part; or

3) Until the NFR Letter is perfected in accordance with Section 740.620 of

this Part.

e) In addition to any other legal remedies available under the Act and implementing

regulations, the Agency may terminate a soil management zone and require

alternative remediation plans to be submitted in an amended Remedial Action

Plan upon a failure to comply with any requirements of subsection (b) of this

Section.

1) Notice of the termination shall be in accordance with Section 740.215(b)

of this Part and shall state the reasons for the termination.

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2) The RA may file an appeal to the Board within 35 days after receipt of the

notice. Appeals to the Board shall be in the manner provided for the

review of permit decisions in Section 40 of the Act.

f) If implementation of an approved Remedial Action Plan with a soil management

zone fails to achieve the remediation objectives developed under Section 740.440

of this Part, alternative soil remediation objectives, and, if necessary, an amended

Remedial Action Plan, shall be developed under Subpart D of this Part.

1) Upon the development of alternative soil remediation objectives, the

Remediation Objectives Report shall be amended accordingly and

submitted to the Agency for review and approval.

2) Upon approval of the Remediation Objective Report, the Remedial Action

Plan shall be amended and submitted to the Agency for review and

approval unless the RA can demonstrate that the alternative soil

remediation objectives have been achieved. In that case, the RA shall

submit a Remedial Action Completion Report documenting the

achievement of the alternative soil remediation objectives.

g) Any otherwise applicable standards or requirements under 35 Ill. Adm. Code 807

or 811 through 815 shall not be applicable to the management of contaminated

soil that is the subject of the soil management zone if:

1) The SMZ is in effect and management of the contaminated soil within the

SMZ is in compliance with the requirements of this Section and the

approved Remedial Action Plan; or

2) A No Further Remediation Letter addressing the contaminants that were

the subject of the SMZ has been perfected under Section 740.620 of this

Part and remains in effect and management of the contaminated soil

within the area formerly encompassed by the SMZ is in compliance with

the terms of that No Further Remediation Letter.

(Source: Added at ____ Ill. Reg. __________, effective __________.)

SUBPART F: NO FURTHER REMEDIATION LETTERS AND RECORDING

REQUIREMENTS

Section 740.605 Issuance of No Further Remediation Letter

a) Except as provided in Section 740.615 below,

within 30 days after the Agency's

approval of a Remedial Action Completion Report, the Agency shall issue a No

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Further Remediation Letter applicable to the

remediation site.

In the event that

the Agency fails to issue the No Further Remediation Letter within 30 days after

approval of the Remedial Action Completion Report, the No Further Remediation

Letter shall issue by operation of law.

(Section 58.10(b) of the Act) The No

Further Remediation Letter shall have the legal effect prescribed in Section 58.10

of the Act.

b) The No Further Remediation Letter shall be issued only to Remediation

Applicants who have completed all requirements and received final approval of

the Remedial Action Completion Report by the Agency or on appeal.

c) The Agency shall mail the No Further Remediation Letter by registered or

certified mail, post-marked with a date stamp and with return receipt requested. If

the RA is not the sole owner of the Remediation Site, the Agency shall send a

copy of the No Further Remediation Letter simultaneously to the owner(s) by first

class mail. Final action shall be deemed to have taken place on the post-marked

date that the letter is mailed.

d) The Agency at any time may correct errors in No Further Remediation Letters

arising from oversight, omission or clerical mistake. Upon correction of the No

Further Remediation Letter, the Agency shall mail the corrected letter to the RA,

the property owner(s), or both as set forth in subsection (c) of this Section. The

corrected letter shall become effective and shall be perfected as provided in

Sections 740.620 or 740.621 of this Part.

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

Section 740.615 Payment of Fees

The Agency may deny

or void

a No Further Remediation Letter if fees applicable

under the Review and Evaluation Services Agreement have not been paid in full.

(Section 58.10(c) of the Act) The manner of payment shall be in accordance with

Section 740.320 of this Part.

In addition to the fees applicable under the Review and Evaluation Services

Agreement,

the recipient of the

No Further Remediation

Letter shall forward to

the Agency a No Further Remediation Assessment in the amount of the lesser of

$2500 or an amount equal to the costs incurred for the site by the Agency under

the

Agreement. (Section 58.10(g) of the Act)

The No Further Remediation Assessment shall be mailed or delivered to

the Agency at the address designated by the Agency on the request for

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payment service forms no later than 45 days following the receipt of the

request for payment. Payments that are hand-delivered shall be delivered

during the Agency's normal business hours.

The No Further Remediation Assessment shall be made by check or

money order payable to "Treasurer - State of Illinois for Deposit in the

Hazardous Waste Fund." The check or money order shall include the

Illinois inventory identification number as assigned and the Federal

Employer Identification Number or Social Security Number of the RA.

The No Further Remediation Letter shall be voidable in accordance with

Section 740.625 if the No Further Remediation Assessment is not paid

within 45 days after the receipt of the request for payment.

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

Section 740.620 Duty to Record No Further Remediation Letter

Except as provided in Section 740.621 of this Part,

the RA receiving a No Further

Remediation Letter from the Agency pursuant to

Title XVII of the Act and this

Subpart F

shall submit the letter,

and, where the RA is not the sole owner of the

remediation site, an owner certification in accordance with subsection (d) below,

to the Office of the Recorder or the Registrar of Titles of the county in which the

remediation

site is located within 45 days after receipt of the letter.

(Section

58.8(a) of the Act)

The Office of the Recorder or the Registrar of Titles shall accept and

record that letter

and, where applicable, the owner certification under

subsection (d) below

in accordance with Illinois law so that it forms a

permanent part of the chain of title for the site.

(Section 58.8(a) of the

Act)

In the event that a No Further Remediation Letter issues by operation of

law pursuant to

Title XVII of the Act and this Subpart F,

the RA may

record

an affidavit stating that the letter issued by operation of law.

(Section 58.8 (d) of the Act) Attached to the affidavit shall be the

following information:

An acknowledgment that the requirements of the Remedial Action

Plan and the Remedial Action Completion Report were satisfied;

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A description of the location of the remediation site by adequate

legal description or by reference to a plat showing its boundaries;

The level of the remediation objectives, specifying, as appropriate,

any land use limitation imposed as a result of such remediation

efforts;

A statement that the No Further Remediation Letter signifies a

release from further responsibilities under the Act in performing

the approved remedial action and shall be considered prima facie

evidence that the following, as identified in the scope of work and

the approved Remedial Action Plan, does not constitute a threat to

human health and the environment and does not require further

remediation under the Act if utilized in accordance with the terms

of the No Further Remediation Letter:

The remediation site;

ii)

Selected recognized environmental conditions and related

contaminants of concern at the remediation site; and

iii)

A combination of (D)(i) or (D)(ii) above;

The prohibition against the use of any remediation site in a manner

inconsistent with any property use limitation imposed as a result of

such remediation efforts without additional appropriate remedial

activities;

A description of any preventive, engineering, and institutional

controls or monitoring required in the approved Remedial Action

Plan and notification that failure to manage the controls or

monitoring in full compliance with the terms of the Remedial

Action Plan may result in voidance of the No Further Remediation

Letter;

The opportunity to request a change in the recorded land use

pursuant to Title XVII of the Act and subsection (c) below;

Notification that further information regarding the remediation site

can be obtained from the Agency through a request under the

Freedom of Information Act [5 ILCS 140] ; and

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I) An owner certification in accordance with subsection (d) below,

where applicable.

Except as provided in Section 740.621 of this Part,

a No Further Remediation

Letter

or the affidavit filed under subsection (a)(2) above shall be perfected upon

the date of the official recording of the letter or affidavit. An unperfected No

Further Remediation Letter is effective only as between the Agency and the

Remediation Applicant. The Agency may, pursuant to Section 740.625 of this

Part, void a No Further Remediation Letter for failure to perfect in a timely

manner in accordance with subsection (a) of this Section.

shall not become

effective until officially recorded

along with the owner certification under

subsection (d) below, where applicable, in accordance with subsection (a) above.

(Section 58.8(b) of the Act) The RA shall obtain and submit to the Agency,

within 30 days after recording, a copy of the letter or affidavit and the owner

certification under subsection (d) below, where applicable, demonstrating that the

recording requirements have been satisfied.

At no time shall any

remediation

site for which a land use limitation has been

imposed as a result of remediation activities under Title XVII of the Act be used in

a manner inconsistent with the land use limitation unless further investigation or

remedial action has been conducted that documents the attainment of objectives

appropriate for the new land use and a new

No Further Remediation

Letter

obtained and recorded in accordance with

Title XVII of the Act and this Part.

(Section 58.8(c) of the Act)

Where the RA is not the sole owner of the remediation site, the RA shall obtain

the certification by original signature of each owner, or the authorized agent of the

owner(s), of the remediation site or any portion thereof who is not an RA. The

certification shall be recorded in accordance with this Section, along with the No

Further Remediation Letter or an affidavit under subsection (a)(2) above. The

certification shall read as follows:

I hereby certify that I have reviewed the attached No Further Remediation Letter

[or "affidavit" if filed under subsection (a)(2) above], and that I accept the terms

and conditions and any land use limitations set forth in the letter [or "affidavit"].

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

Section 740.621 Requirements for No Further Remediation Letters Issued to Illinois

Department of Transportation Remediation Sites Located in Rights-of-

Way

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a) To perfect a No Further Remediation Letter for a remediation site of the Illinois

Department of Transportation (IDOT) located in whole or in part in an IDOT

right-of-way, IDOT shall enter into a Memorandum of Agreement (MOA) with

the Agency. If IDOT and the Agency have entered into a master MOA, the

parties' addition of the site to the master agreement shall satisfy the requirements

of this Section. The MOA shall include, but is not limited to:

1) The name of the remediation site, if any, and any IDOT and Agency

identifiers (e.g., incident number, Illinois inventory identification

number);

2) The address of the remediation site (or other description sufficient to

identify the location of the site with certainty);

3) A copy of the NFR Letter for each site subject to the MOA;

4) Procedures for tracking remediation sites subject to the MOA so that all

IDOT bureaus whose responsibilities (e.g., land acquisition, maintenance,

construction, utility permits) may affect land use limitations will have

notice of any environmental concerns and land use limitations applicable

to a remediation site;

5) Provisions addressing future conveyances (including title or any lesser

form of interest) or jurisdictional transfers of the remediation site to any

other agency, private person or entity and the steps that will be taken to

ensure the long-term integrity of any land use limitations including, but

not limited to, the following:

A) Upon creation of a deed, the recording of the NFR Letter and any

other land use limitations requiring recording under 35 Ill. Adm.

Code 742 with copies of the recorded instruments sent to the

Agency within 30 days of recording;

B) Any other arrangements necessary to ensure that property that is

conveyed or transferred remains subject to any land use limitations

approved and implemented as part of the Remedial Action Plan

and the NFR Letter;

C) Notice to the Agency at least 60 days prior to any such intended

conveyance or transfer indicating the mechanism(s) to be used to

ensure that any land use limitations will be operated or maintained

as required in the Remedial Action Plan and NFR Letter; and

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6) Provisions for notifying the Agency if any actions taken by IDOT or its

permittees at the remediation site result in the failure or inability to restore

the remediation site to meet the requirements of the Remedial Action Plan

and the NFR Letter.

b) An NFR Letter issued to an IDOT remediation site in an IDOT right-of-way shall

be incorporated into a MOA within 45 days after its receipt.

c) At no time shall any remediation site for which a land use limitation has been

imposed as a result of remediation activities under Title XVII of the Act be used

in a manner inconsistent with the land use limitation unless further investigation

or remedial action has been conducted that documents the attainment of

objectives appropriate for the new land use and a new No Further Remediation

Letter obtained. If title to the remediation site remains with IDOT, the new No

Further Remediation Letter shall be incorporated into the MOA and the MOA

amended accordingly.

d) In addition to any other legal remedies that may be available, failure to comply

with the requirements of this Section may result in voidance of the No Further

Remediation Letter in accordance with Section 740.625 of this Part.

(Source: Added at ____ Ill. Reg. __________, effective __________.)

Section 740.625 Voidance of No Further Remediation Letter

The No Further Remediation Letter shall be voidable if the

remediation

site

activities are not managed in full compliance with the provisions of

Title XVII of

the Act, this Part,

or the approved Remedial Action Plan or remediation

objectives upon which the issuance of the No Further Remediation Letter was

based. Specific acts or omissions that may result in voidance of the No Further

Remediation Letter include, but shall not be limited to:

Any violation of institutional controls or land use restrictions, if

applicable;

The failure of the owner, operator, RA, or any subsequent transferee to

operate and maintain preventive or engineering controls or to comply with

a groundwater monitoring plan, if applicable;

The disturbance or removal of contamination that has been left in place in

accordance with the Remedial Action Plan

. Access to soil contamination

ILLINOIS REGISTER

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may be allowed if, during and after any access, public health and the

environment are protected consistent with the Remedial Action Plan;

The failure to comply with the recording requirements of

Title XVII of the

Act and Section 740.620 of this Part;

Obtaining the No Further Remediation Letter by fraud or

misrepresentation

;

Subsequent discovery of contaminants not identified as part of the

investigative or remedial activities upon which the issuance of the No

Further Remediation Letter was based, that pose a threat to human health

or the environment

;

The failure to pay the No Further Remediation Assessment required under

Section 740.615(b) of this Part; (Section 58.10(e) of the Act)

8) The failure to pay in full the applicable fees under the Review and

Evaluation Services Agreement within 45 days after receiving a request

for final payment under Section 740.310 of this Part;

9) The failure to comply with the requirements of Section 740.621 of this

Part for No Further Remediation Letters issued to remediation sites of the

Illinois Department of Transportation (IDOT) located in IDOT rights-of-

way;

10) The failure to comply with the notice or confirmation requirements of 35

Ill. Adm. Code 742.1010(b)(3), 742.1015(b)(5) or 742.1015(c).

If the Agency seeks to void a No Further Remediation Letter, it shall provide

notice to the current title holder of the

remediation

site and to the RA at his or her

last known address.

(Section 58.10(f) of the Act)

The notice shall specify the cause for the voidance and describe facts in

support of that cause.

(Section 58.10(f) of the Act)

2) The Agency shall mail notices of voidance by registered or certified mail,

date stamped with return receipt requested.

Within 35 days after the receipt of the Notice of Voidance, the RA or current title

holder

of the remediation site

may appeal the Agency's decision to the Board in

the manner provided for the review of permits in Section 40 of this Act. If the

ILLINOIS REGISTER

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Board fails to take final action within 120 days, unless such time period is waived

by the petitioner, the petition shall be deemed denied and the petitioner shall be

entitled to an Appellate Court order pursuant to subsection (d) of Section 41 of

the Act. The Agency shall have the burden of proof in any such action.

(Section

58.10(f)(1) of the Act)

If the Agency's action is appealed, the action shall not become effective

until the appeal process has been exhausted and a final decision reached

by the Board or courts.

(Section 58.10(f)(3) of the Act)

Upon receiving a notice of appeal, the Agency shall file a notice of

lis pendens with the Office of the Recorder or the Registrar of

Titles for the county in which the

remediation

site is located. The

notice shall be filed in accordance with Illinois law so that it

becomes a part of the chain of title for the site.

(Section

58.10(f)(4) of the Act)

If the Agency's action is not upheld on appeal, the notice of lis

pendens shall be removed in accordance with Illinois law within

45 days after receipt of the final decision of the Board or the

courts.

(Section 58.10(f)(4) of the Act)

If the Agency's action is not appealed, the Agency shall submit the notice

of voidance to the Office of the Recorder or the Registrar of Titles for the

county in which the site is located. The notice shall be filed in accordance

with Illinois law so that it forms a permanent part of the chain of title for

the site.

(Section 58.10(f)(2) of the Act)

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

ILLINOIS REGISTER

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NOTICE OF PROPOSED AMENDMENTS

Section 740.APPENDIX A Target Compound List

Section 740.Table A      Volatile Organics Analytical Parameters and Required

Quantitation Limits

CAS No.

Compound

Water (μg/L)

Soil (μg/Kg)

Method

74-87-3 Chloromethane 10

8260B 8260A

74-83-9 Bromomethane 10

8260B 8260A

75-01-4 Vinyl Chloride 10

8260B 8260A

75-00-3 Chloroethane 10

8260B 8260A

75-09-2 Methylene Chloride 10

8260B 8260A

67-64-1 Acetone 10

8260B 8260A

75-15-0 Carbon Disulfide 10

8260B 8260A

75-35-4 1,1-Dichloroethene 10

8260B 8260A

75-34-3 1,1-Dichloroethane 10

8260B 8260A

540-59-0

1,2-Dichloroethene (total) 10

10 8260A

156-59-2

Cis-1,2-Dichloroethene

8260B

156-60-5

Trans-1,2-Dichloroethene

8260B

67-66-3 Chloroform 10

8260B 8260A

107-06-2 1,2-Dichloroethane 10

8260B 8260A

78-93-3 2-Butanone 10

8260B 8260A

71-55-6 1,1,1-Trichloroethane 10

8260B 8260A

56-23-5 Carbon Tetrachloride 10

8260B 8260A

75-27-4 Bromodichloromethane 10

8260B 8260A

78-87-5 1,2-Dichloropropane 10

8260B 8260A

10061-01-5 cis-1,3-Dichloropropene 10

8260B 8260A

79-01-6 Trichloroethene 10

8260B 8260A

124-48-1 Dibromochloromethane 10

8260B 8260A

79-00-5 1,1,2-Trichloroethane 10

8260B 8260A

71-43-2 Benzene 10

8260B 8260A

10061-02-6 trans-1,3-Dichloropropene 10

8260B 8260A

75-25-2 Bromoform 10

8260B 8260A

1634-04-4

Methyl Tertiary Butyl Ether

8260B

108-10-1 4-Methyl-2-pentanone 10

8260B 8260A

591-78-6 2-Hexanone 10

8260B 8260A

127-18-4 Tetrachloroethene 10

8260B 8260A

108-88-3 Toluene 10

8260B 8260A

79-34-5 1,1,2,2-Tetrechloroethane 10

8260B 8260A

108-90-7 Chlorobenzene 10

8260B 8260A

100-41-4 Ethylbenzene 10

8260B 8260A

100-42-5 Styrene 10

8260B 8260A

1330-20-7 Xylenes (total) 10

8260B 8260A

Required Quantitation Limits for soil are based on wet weight. Normally data is reported on a dry weight basis; therefore,

Reporting Limits will be higher, based on the percent dry weight in each sample. The laboratory shall report nonsurrogate

components, tentatively identified by library search conducted per the guidelines contained in the analytical method.

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

ILLINOIS REGISTER

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NOTICE OF PROPOSED AMENDMENTS

Section 740.Table B      Semivolatile Organic Analytical Parameters and

Required Quantitation Limits

CAS No.

Compound

Water (μg/L)

Soil (μg/Kg)

Method

108-95-2 Phenol 10

660

8270C 8270A

111-44-4 bis(2-Chloroethyl) ether 10

660

8270C 8270A

95-57-8 2-Chlorophenol 10

660

8270C 8270A

95-50-1 1,2-Dichlorobenzene 10

660

8270C 8270A

541-73-1 1,3-Dichlorobenzene 10

660

8270C 8270A

106-46-7 1,4-Dichlorobenzene 10

660

8270C 8270A

95-48-7 2-Methylphenol 10

660

8270C 8270A

108-60-1 2,2'-oxybis (1-chloropropane) 10

660

8270C 8270A

106-44-5 4-Methylphenol 10

660

8270C 8270A

621-64-7 N-Nitroso-di-n-propylamine 10

660

8270C 8270A

67-72-1 Hexachloroethane 10

660

8270C 8270A

98-95-3 Nitrobenzene 10

660

8270C 8270A

78-59-1 Isophorone 10

660

8270C 8270A

88-75-5 2-Nitrophenol 10

660

8270C 8270A

105-67-9 2,4-Dimethylphenol 10

660

8270C 8270A

111-91-1 bis(2-Chloroethoxy) methane 10

660

8270C 8270A

120-83-2 2,4-Dichlorophenol 10

660

8270C 8270A

120-82-1 1,2,4-Trichlorobenzene 10

660

8270C 8270A

91-20-3 Naphthalene 10

660

8270C 8310

8270A

106-47-8 4-Chloroaniline 10

660

8270C 8270A

87-68-3 Hexachlorobutadiene 10

660

8270C 8270A

59-50-7 4-Chloro-3-methylphenol 10

660

8270C 8270A

91-57-6 2-Methylnaphthalene 10

660

8270C 8270A

77-47-4 Hexachlorocyclopentadiene 10

660

8270C 8270A

88-06-2 2,4,6-Trichlorophenol 10

660

8270C 8270A

95-96-4 2,4,5-Trichlorophenol 25

1600

8270C 8270A

91-58-7 2-Chloronaphthalene 10

660

8270C 8270A

88-74-4 2-Nitroaniline 25

1600

8270C 8270A

131-11-3 Dimethylphthalate 10

660

8270C 8270A

208-96-8 Acenaphthylene

Acenaphthalene

660

8270C 8310

8270A

606-20-2 2,6-dinitrotoluene 10

660

8270C 8270A

99-09-2 3-Nitroanaline 25

1600

8270C 8270A

83-32-9 Acenaphthene 10

660

8270C 8310

8270A

51-28-5 2,4-Dinitrophenol 25

1600

8270C 8270A

100-02-7 4-Nitrophenol 25

1600

8270C 8270A

132-64-9 Dibenzofuran 10

330

8270C 8270A

121-14-2 2,4-Dinitrotoluene 10

330

8270C 8270A

84-66-2 Diethylphthalate 10

330

8270C 8270A

7005-72-3 4-Chlorophenyl-phenyl ether 10

330

8270C 8270A

86-73-7 Fluorene Fluorine

330

8270C 8310

8270A

100-01-6 4-Nitroaniline 25

1600

8270C 8270A

534-52-1 4,6-Dinitro-2-methylphenol 25

1600

8270C 8270A

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NOTICE OF PROPOSED AMENDMENTS

86-30-6 N-nitrosodiphenylamine 10

330

8270C 8270A

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101-55-3 4-Bromophenyl-phenyl ether 10

330

8270C 8270A

118-74-1 Hexachlorobenzene 10

330

8270C 8270A

87-86-5 Pentachlorophenol 25

1600

8270C 8270A

85-01-8 Phenanthrene 10

660

8270C 8310

8270A

120-12-7 Anthracene 10

8270C 8310

8270A

86-74-8 Carbazole 10

660

8270C 8270A

84-74-2 Di-n-butylphthalate 10

660

8270C 8270A

206-44-0 Fluoranthene 10

660

8270C 8310

8270A

129-00-0 Pyrene 10

660

8270C 8310

8270A

85-68-7 Butylbenzylphthalate 10

660

8270C 8270A

91-94-1 3,3'-Dichlorobenzidine 10

660

8270C 8270A

56-55-3 Benzo(a)anthracene 10

660

8270C 8310

8270A

218-01-9 Chrysene 10

660

8270C 8310

8270A

117-81-7 bis(2-Ethylhexyl)phthalate 10

660

8270C 8270A

117-84-0 Di-n-octylphthalate 10

660

8270C 8270A

205-99-2 Benzo(b)fluoranthene 10

660

8270C 8310

8270A

207-08-9 Benzo(k)fluoranthene 10

660

8270C 8310

8270A

50-32-8 Benzo(a)pyrene 10

660

8310 8270A

193-39-5 Indeno(1,2,3-c,d)pyrene 10

660

8270C 8310

8270A

53-70-3 Dibenz(a,h)anthracene 10

660

8310 8270A

191-24-2 Benzo(g,h,i)perylene 10

660

8270C 8310

8270A

Required Quantitation Limits for soil are based on wet weight. Normally data is reported on a dry weight basis; therefore,

Reporting Limits will be higher, based on the percent solids in each sample. This is based on a 30-gram sample and GPC

cleanup. The laboratory shall report non surrogate components, tentatively identified by library search conducted per the

guidelines contained in the analytical method.

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

ILLINOIS REGISTER

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NOTICE OF PROPOSED AMENDMENTS

Section 740.Table C      Pesticide and Aroclors Organic Analytical Parameters

and Required Quantitation Limits

CAS No.

Compound

Water (μg/L)

Soil (μg/Kg)

Method

319-84-6 alpha-BHC 0.05

8.0

8081A 8081

319-85-7 beta-BHC 0.05

8.0

8081A 8081

319-86-8 delta-BHC 0.05

8.0

8081A 8081

58-89-9 gamma-BHC 0.05

8.0

8081A 8081

76-44-8 Heptachlor 0.05

8.0

8081A 8081

309-00-2 Aldrin 0.05

8.0

8081A 8081

1024-57-3 Heptachlor epoxide 0.05

8.0

8081A 8081

959-98-8 Endosulfan I 0.05

8.0

8081A 8081

60-57-1 Dieldrin 0.10

16.0

8081A 8081

72-55-9 4,4'-DDE 0.10

16.0

8081A 8081

72-20-8 Endrin 0.10

16.0

8081A 8081

33213-65-9 Endosulfan II 0.10

16.0

8081A 8081

72-54-8 4,4'-DDD 0.10

16.0

8081A 8081

1031-07-8 Endosulfan sulfate 0.10

16.0

8081A 8081

50-29-3 4,4'-DDT 0.10

16.0

8081A 8081

72-43-5 Methoxychlor 0.50

80.0

8081A 8081

53494-70-5 Endrin ketone 0.10

16.0

8081A 8081

7421-93-4 Endrin aldehyde 0.10

16.0

8081A 8081

5103-71-9 alpha-Chlordane 0.50

80.0

8081A 8081

5566-34-7 gamma-Chlordane 0.50

80.0

8081A 8081

8001-35-2 Toxaphene 1.0

160.0

8081A 8081

12674-11-2 Aroclor - 1016 0.50

80.0

8082 8081

11104-28-2 Aroclor - 1221 0.50

80.0

8082 8081

11141-16-5 Aroclor - 1232 0.50

80.0

8082 8081

53469-21-9 Aroclor - 1242 0.50

80.0

8082 8081

12672-29-6 Aroclor - 1248 0.50

80.0

8082 8081

11097-69-1 Aroclor - 1254 1.0

160.0

8082 8081

111096-82-5 Aroclor - 1260 1.0

160.0

8082 8081

Required Quantitation Limits for soil are based on wet weight. Normally data is reported on a dry weight basis; therefore,

Reporting Limits will be higher, based on the percent solids in each sample.

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

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED AMENDMENTS

Section 740.Table D      Inorganic Analytical Parameters and Required

 Quantitation Limits

CAS No.

Compound

Water (μg/L)

Soil (μg/Kg)

Method

7429-90-5 Aluminum 200

6010B/6020

6010A

7440-36-0 Antimony 60

6010B/6020

6010A

7440-38-2 Arsenic 10

6020/7060A/

7061A/7062

7440-39-3 Barium 200

6010B 6010A

7440-41-7 Beryllium 5

6010B/6020

6010A

7440-43-9 Cadmium 5

6010B/6020

6010A

7440-70-2 Calcium 5000

1000

6010B 6010A

7440-47-3 Chromium 10

6010B/6020

6010A

7440-48-4 Cobalt 50

6010B/6020

6010A

7440-50-8 Copper 25

6010B/6020

6010A

7439-89-6 Iron 100

6010B 6010A

7439-92-1 Lead 3

0.6

6020/7421

7239-95-4 Magnesium 5000

1000

6010B 6010A

7439-96-5 Manganese 15

6010B/6020

6010A

7439-97-6 Mercury 0.2

0.04

7470A/7471A

7440-02-0 Nickel 40

6010B/6020

6010A

7440-09-7 Potassium 5000

1000

6010B 6010A

7782-49-2 Selenium 5

7740A/7741A/

7742

7440-22-4 Silver 10

6010B/6020

6010A

7440-23-5 Sodium 5000

1000

6010B 6010A

7440-28-0 Thallium 10

6020/7841

7440-62-2 Vanadium 50

6010B 6010A

7440-66-6 Zinc 20

6010B/6020

6010A

57-12-5 Cyanide 10

9012A 9012

Required Quantitation Limits for soil are based on wet weight. Normally data is reported on a dry weight basis; therefore,

Reporting Limits will be higher, based on the percent dry weight in each sample.

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