AMENDMENTS TO REGULATION OFPETROLEUM LEAKING
BEFORE
CERTIFICATE OF SERVICE
t’,~Ci,—(A~~0

RECEIVED

CLERK’S OFFICE

MAY

2001

BOARD

STATE OF IWNOIS

Pollution

Cont~OI Board

IN THE MATTER OF:

AMENDMENTS TO REGULATION OF

PETROLEUM LEAKING

UNDERGROUND STORAGE TANKS

(35

ILL. ADM. CODE 732)

)

RO1-26

(Rulemaking

Land)

NOTICE OF FILiNG

TO:

Dorothy M. Gunn

Clerk ofthe Board

Illinois Pollution Control Board

100 West Randolph Street

Suite 11-500

Chicago, Illinois 60601

(VIA FEDERAL EXPRESS)

Robert Lawley,

ChiefLegal Counsel

Department ofNatural Resources

524 South Second Street

Springfield, Illinois 62701-1787

(VIA FIRST CLASS)

Attached Service List

Matthew

J. Dunn, Chief

Environmental Bureau

Office ofthe Attorney General

188 West Randolph Street, 20& Floor

Suite 11-500

Chicago, fllinois 60601

(VIA FIRST CLASS)

Joel Sternstein, Hearing Officer

Illinois Pollution Control Board

James R. Thompson Center

100 W. Randolph Street,

Suite

11-500

Chicago, Illinois

60601

(VIA FEDERAL EXPRESS)

PLEASE TAKE NOTICE today that I have filed with the Clerk ofthe Illinois Pollution Control

Board the COMMENTS OF THE CHEMICAL iNDUSTRY COUNCIL OF ILLiNOIS, a copy is

herewith served upon you.

Respectfully Submitted,

By:

J1/i/3,av?co

Christie M. Bianco

Date:

May 2,

2001

Christie M. Bianco

Chemical Industry Council ofIllinois

9801

West Higgins Road, Suite 515

Rosemont, IL

60018

847/823-4020

BEFORE

)

RECEIVED

CLERWS OFFiCE

I’ArAY 032001

BEFORE THE ILLINOIS POLLUTION

CONTROL BOARD

STATE OF IWNOIS

Pollution

Control Board

IN THE MATTER OF:

)

AMENDMENTS TO REGULATION OF

)

RO1-26

PETROLEUM LEAKING

)

(Rulemaking

Land)

UNDERGROUND STORAGE TANKS

)

(35

ILL. ADM. CODE

732)

)

COMMENTS OF

THE CHEMICAL INDUSTRY COUNCiL OF ILLINOIS

NOW

COMES the

CHEMICAL iNDUSTRY

COUNCIL OF

ILLiNOIS

(CICI) though

its Regulatory Affairs Director,

Christie M. Bianco,

and hereby

submits the following

comments

relating to the above-referenced matter.

CICI is a not-for-profit, statewide association the represents 189 corporations, over one

hundred ofwhich are chemical firms who manufacture, blend, distribute and

sell chemicals.

The

chemical industry in the state ofIllinois ranks third in the United States in chemical exports,

fourth in value of chemical shipments

and maintains more than 62,000 employees.

CICI appreciates the opportunity to comment on the Illinois Environmental Protection

Agency’s(Agency) Amendments to Regulation ofPetroleum Leaking Underground Storage

Tanks proposal and the process the Agency used to

draft and promulgate the proposal.

CICI

members have participated in the drafting process ofthis proposed rule through involvement

the Site Remediation Advisory Committee (SRAC).

As members ofthe regulated

community

we welcomed the opportunity to

express our input.

Intestimony pre-filed on March 29, 2001, and given at the April 3, 2001, Pollution

Control Board hearing, the Illinois Petroleum Council (IPC) brought up two major concern with

the Agency’scurrent proposal:

1.) the rigorous requirements for letters sent to off-site property

owners and 2.) the proposals failure to define a standard the Agency will use to determine when

aNo Further Remediation Letter (NFR) will be issued.

CICI

agrees with both ofthese concerns.

Like IiPC, CICI feels that the required content ofthe letter to be sent to off-site property

owners and operators is too specific,

inflammatory and possibly inaccurate. We agree that it is

the responsibility ofthe UST owner or operator to address contamination released by the UST

that occurred

during the time that UST was owned or operated by that operator or owner.

However, the requirements set forth in the proposed language go beyond that responsibility.

One

requirement is to

return the property to its

original condition, prior to entry.

If, as a result ofa

release on to an off-site property,

theUST owner or operator has to install an engineered barrier

or a corrective action system, this will not be possible.

The letter also requires legal admissions that are unnecessary and unfair.

In its testimony,

IPC gave an example ofan adjacent site having prior or subsequent releases for whichthe UST

owner or operator is not responsible.

Thus, requiring the UST owner operator to take fhli

ownership of damages found on the adjacent property would be unfair.

To remedy this,

LPC proposes

amore general format, which allows the letter to be

tailored to the site-specific situation,

while still providing a baseline for agency review.

addition, they recommend omitting unwarranted and/or inaccurate legal admissions.

The

purpose ofthe letter is to inform the off-site property ofthe situation and then to

gain access to

the adjacent property to remediate any damages that are a direct result ofthe UST release.

IPC, CICI feels these modifications would better achieve that goal.

The second area ofconcern is the proposals failure to

define a standard the Agency will

use to determine when a No Further Remediation Letter (NFR) will be issued. Again, we agree

with the IIPC’sassessment that the Agency should focus on imminent threats ofharm to human

health or the environment rather than simply listing possible

exposure scenarios.

IPC goes on to

suggest the following factors for consideration in an imminent threat ofharm standard: presence

offree product on off-site property; presence offire, explosion and vapor hazards through

natural or manmade pathways on the off-site property; and the presence ofpotable water wells,

surface water, setback zones or regulated recharge areas on or adjacent to the off-site property.

CICI supports inclusion ofthese factors in an Agency standard used to determine ifaNER letter

would be granted.

We thankthe Board for their consideration ofthese comments.

Respectfully Submitted,

Chemical Industry Council ofIllinois

By:

~4/V7$5/OA1CD

Christie M. Bianco

Dated:

May 2, 2001

Christie M. Bianco

Regulatory Affairs Director

Chemical Industry Council ofIllinois

9801

West Higgins Road,

Suite

515

Rosemont, IL

60018

CERTIFICATE OF SERVICE

Christie M. Bianco, the undersigned, hereby certifies that copies ofthe COMMENTS OF

THE CHEMICAL LNI)USTRY COUNCIL OF ILLiNOIS were served upon those persons on the

attached service list by depositing said documents in envelopes affixed with sufficient postage into the

U.S.

Mail on the

2nd day ofMay, 2001.

Christie M. Bianco

SUBSCRIBED AN)

SWORN TO BEFORE ME

This

2nd d,~y~o~May, 2001

Public

~‘~;~‘

OFFICIAL

SEAL

AMY

.1. ISENBURG

NOTARY PUBLIC, STATE OF iLLINOIS

MY COMMISSION

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