BEFORE THE

ILLNOIS POLLUTION

OF THE STATE

OF ILLINOIS

rN THE

MATTER OF:

PROPOSED MTBE GROUNDWATER

QUALITY

STANDARDS AMENDMENTS:

35

ILL. ADM. CODE

620

)

)

)

R0l-14

)

(Rulemaking

-

Water)

)

NOTICE OF FILING

Dorothy M. Gunn, Clerk

Clerk ofthe Board

Illinois

Pollution Control Board

James R. Thompson Center

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

Robert Lawley, ChiefLegal

Counsel

Dept. ofNatural Resources

524

south Second Streeet

Springfield, IL

62706

Service List

Matthew J. Dunn, Chief

Environmental Bureau

Office ofAttorney General

188 w. Randolph,

20th

Floor

Chicago, Illinois 60601

Joel J. Stemstein, Esq.

Hearing Officer

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

PLEASE

TAKE

NOTICE

that I have filedtoday with the Clerk ofthe Illinois Pollution

Control Board the

TESTIMONY OF

RICHARD

P.

COBB, P~G.

with Exhibits by the illinois

Environmental Protection Agency, a copy ofwhich is herewith served upon you.

DATE:

February 16,2001

Illinois Environmental Protection Agency

1021

North Grand Avenue East

Post Office Box

19276

Springfield, Illinois

62794-9276

(217) 782-5544

Respectfiully submitted,

by:

Stephen C. Ewart

Deputy Counsel

Division ofLegal Counsel

PRINTED

ON

RECYCLED PAPER

---

BEFORE THE

ILLNOIS POLLUTION CONTROL BOARD

N

THE

MATTER OF:

GROUNDWATER

QUALITY STANDARDS

AMENDMENTS:

35

ILL. ADM.

CODE

620

)

)

)

R0l-14

)

)

(Rulemaking Water)

)

DATED:

February

16, 2001

1021

North Grand Avenue Northeast

P.O. Box

19276

Springfield,

IL

62794

—9276

217/782-5544

Stepheri~

C. Ewart

Deputy Counsel

Division of Legal Counsel

TESTIMONY OF RICHARD P.

COBB, P.G.

The

Illinois

Environmental

Protection

Agency

hereby

prefiles

the

attached

TESTIMONY of RICHARD

P.

COBB,

P.G.

This

testimony

will

be

presented by

Mr.

Cobb

at the Illinois Pollution Control Board hearing to

be held on

March

1

and 22, 2001.

Illinois Environmental Protection Agency

By:

____________

---

TESTIMONY OF RICHARD

FOR THE PROPOSED MTBE

GROUNDWATER QUALITY STANDARDS

ROl

—

QUALIFICATIONS/INTRODUCTION

My name is Richard P.

Cobb and

I am Manager ofthe Groundwater Section of

the Illinois Environmental Protection Agency’s (“Illinois EPA”) Bureau ofWater.

For

further detail on my qualifications I have enclosed a copy ofmy

Curriculum Vitae in

Exhibit I.

This testimony, the statement ofreasons, and exhibits included with this

testimony describe the basis for the proposed amendments to the groundwater quality

standards.

The Illinois EPA is proposing a preventive notice and response level, and

Class

I, and II groundwater standard for Methyl Tertiary-Butyl Ether (“MTBE”).

In

addition we are proposing amendments to

the compliance

determination section.

Illinois EPA is proposing these amendments consistent with the Illinois

Groundwater Protection Act (“IGPA”) policy and program statement; in accordance with

the requirements in Section

8 ofthe IGPA;

and in response to the Illinois Pollution

Control Board’s (“Board”) request to

continually update the groundwater standard

BACKGROUND

Community

water

supplies

(“CWS”)

in

Illinois

routinely

sample

for

volatile

organic

chemicals

as

a

result

of

Safe

Drinking

Water

Act

monitoring

requirements.

Under Illinois’

CWS

Laboratory Fee Program,

analyses for MTBE have been reported

as.

a part of standard

laboratory

methods

since

1994.

Therefore,

we have been receiving

SDWA compliance samples that are taken at the entry point to

a community water supply

distribution

system.

These are also referred to as (“finished water samples”).

Since

1994

26

CWS

have been impacted by MTBE

contamination.

Another factor to

consider is that

these

are

finished

water

samples

and

they

are

collected

after

treatment.

Thus,

the

contamination

level

in

the source

water

could be

higher.

In addition,

there

is

also

the

potential

risk to other potable

wells,

including

private,

semi-private and non-community

water supply wells.

---

The

Illinois EPA has evaluated each of these 26 CWS

with MTBE detects

as

shown in Figure

1. The monitoring conducted at

over

1,200 CWS

participating in the

program (just over

1,100 of these facilities are groundwater dependent) has resulted in 26

facilities with detections of MTBE.

Four CWS have had

to

discontinue use ofwells

as a

result ofMTBE contamination:

•

Oakdale Acres Subdivision (and two other small subdivisions

served by private

wells), located in Kankakee County,

had to

discontinue use oftheir wells and

connect

to a nearby CWS;

•

Roanoke located in Woodford County has had to shut down

wells due to high levels

ofMTBE;

•

East Alton located in Madison County has had to use one oftheir wells as a hydraulic

containment well with treatment and discharge to

surface water to protect their well-

field from a MTBE plume with a concentration exceeding

1,000 parts perbillion

(“ppb”); and

•

The community ofIsland Lake had to take a well out of service as a result ofelevated

levels of MTBE.

Maps

of each of these communities

has also

been prepared showing:

the CWS;

the

type

of aquifer

being

used;

CWS

well

depth;

MTBE

and

BETX

concentrations;

the

location of potential

contamination

sources

surveyed

by

Illinois

EPA

staff

under

the

IGPA well site survey requirements; the location of reported leaking underground storage

tank sites,

the setback zone established

under the IGPA;

and, if delineated, the recharge

area of the well(s).

These maps are contained

in Exhibit II.

---

CWS

Facilities

With

MtBE

Detections

T&C

MOBILE

ESTATES

Adams

BELVIDERE

Boone

HARDIN

Calhoun

GERMANTOWN

Clinton

GRAFTON

Jersey

OAKDALE

ACRES

SUBD

Kankakee

SOUTH

ELGIN

Kane

MANTENO

Kankakee

CRYSTAL LAKE

Lake

ISLAND

LAKE

McHenry

MC

HENRY

McHenrv

MARENGO

McHenry

BETHALTO

Madison

SAYBROOK

McLean

NOKO MIS

Montgomery

PRAIRIE DU

ROC HER

Randolph

RUSHVILLE

Schuyler

NORTH

PEKIN

Tazewell

MARQUETTE HTS

Tazewell

CREVE

COEUR

Tazewell

ROCK

FALLS

Whiteside

CLEARVIEW

SBDV

Will

LOVES

PARK

Winnebago

ROANOKE

Woodford

Legend

~

Active

CWS

Facility w/MtBE

Detections

~

Active

CWS Facility w/Closed

Wells

Due

To MtBE Dections

~

Closed CWS

Facility w/MtBE

Detections

Figure

1. Conimunit)’ Water

Supplies with MTBE Detections

---

MTBE is an organic chemical, specifically an

ether.

Ethers, especially those of

low molecular weight such as MTBE, are significantly soluble in water1.

MTBE in

drinking water can be detected by the senses oftaste and smell at extremely low

concentrations of 20 to 40 ppb2.

MTBE

is primarily manufactured and isolated for use as

a fuel additive.

It is used

in gasoline to increase the octane rating, in effect causing the

fuel to burn more completely and therefore create less pollution in

the exhaust.

MTBE

was used in

small amounts from the late

seventies primarily in California to help

curtail

the air pollution problems

due to hydrocarbon emissions in large urban areas.

In recent

years, however, its

use has spread throughout the country in response

to

increased air

pollution control laws.

MTBE is raising increasing concerns because it is being found in

many water supply wells across the country3’4

Some states such as California and Maine have taken the initiative to regulate or

ban MTBE use within its borders.

With increasing detection at fairly high levels in

community and private water supply wells, MTBE has been raised as a contaminant of

concern for its possibility to

cause cancer and its disagreeable taste and odor2

MAJOR ISSUES

Solubility and Dispersal

-

MTBE is a high solubility for an organic compound.

When in

an organic solution such as gasoline, a high percentage ofMTBE

can transfer

into water that is in contact with the organic phase.

Once in the aqueous phase,MTBE

‘United States Environmental Protection Agency, Office ofUnderground Storage Tanks.

April

1988.

Cleanup of Releases from Petroleum

USTs: Selected Technologies.

EPAJ53OTLJST-88/OOl.

2

Drinking

Water Advisory:

Consumer Acceptability Advice and Health Effects Analysis on

Methyl

Tertiary-Butyl Ether (MTBE), U.S. Environmental Protection Agency Office of Water, December

1997.

Squillace, P.J., D.A. Pope, and C.V. Price,

March

1995, Occurrence of the Gasoline Additive

MTBE in

Shallow Ground Water

in Urban and Agricultural Areas, U.S. Geological Survey, Fact

Sheet FS-1 14-95.

‘~

United States Environmental Protection Agency.

1999. Blue Ribbon Panel

on

Oxygenates

in Gasoline,

Executive Summary, Executive Summary and Recommendations (including a statement by Carol

Browner

on

the

Findings)

4

---

can disperse in the water, and migrate at the same rate as the water in underground

aquifers.5

Environmental Fat

-

MTBE

is readily broken down in the presence of high UV such

as direct sunlight.

In its pure form, on the surface, or in shallow surface water, it

volatilizes rapidly

or

is broken down by sunlight with sufficient time5.

Natural

degradation of MTBE

in groundwater, however, is not

as effective.

The primary method

ofattenuation for MTBE in

groundwater is through dispersion.

Biodegradation is also

not an effective method

ofnatural breakdown ofMTBE in a groundwater setting.

MTBE

is resistant to

natural forms ofdegradation.

According to

research by the United States

Geological Survey (“USGS”)

biodegradation rate constants for MTBE are estimated to

be several orders ofmagnitude lower than for other gasoline components such as benzene

and toluene.6’

1

MTBE vs. BTEX

-

Detections ofMTBE in groundwater can often be traced to above

ground bulk terminals and underground petroleum storage tanks (“USTs”), both of which

have been leaking fuel materials to the groundwater surface.

With releases or leaks of

petroleum products, two

components of concern often detected are MTBE and BTEX

(benzene, toluene, ethylbenzene, and xylenes).

BTEX plumes are very organic in nature,

tend to “float” on the surface of groundwater, and the soluble components principally

BTEX dissolve in

the water layer.

MTBE has a much higher solubility index than the

BTEX components ofpetroleum

products”7’8. Therefore, a larger proportion ofMTBE is

expected to

be in the water layer, relative to

the proportional amounts ofBTEX in the

water layer.

~Squillace, P.J., J.F. Pankow, N.E. Korte and J.S. Zogorski. September 1997. Review of the Environmental

Behavior and fate of Methyl Tert-Butyl

Ether,

Environmental Toxiciology and Chemistry,

Vol.

16,

no.9.

6

Moran, M.J., J.S. Zogorski, and P.J. Squillace, 1999, MTBE in Ground Water ofthe United

States

—

Occurrence, Potential Sources,

and

Long

Range Transport, Proceedings of the Water Resources

Conference, American Water Works Association.

7Landmeyer, J.E., Chapelle,

F.H.,

Bradley, P.M., Pankow, J.F., Church, C.D. and P.G. Tratnyek,

1998, fate

of MTBE Relative to Benzene

in

a Gasoline-Contaminated aquifer (1993-1998). Ground Water Monitoring

Review,

Fall Issue,

pps. 93-102.

‘USEPA, Office of Underground Storage Tanks. April

1988.

~Buxton, H.T., J.E. Landmeyer,

and

A.L. Baehr,

1997, Interdisciplinary

Investigation of Subsurface

Contaminant Transport and Fate

at

Point- Source Releases of Gasoline Containing

MTBE,

United

States

---

Petroleum Plumes as MTBE

Reservoirs

-

MTBE is both soluble

in organic as well

as aqueous liquid phases.

It is more soluble, by roughly an order of magnitude,

in the

organic phase. When releases or leaks ofpetroleum products containing MTBE float on

the surface of the groundwater, the petroleum plume may act as an MTBE reservoir

allowing MTBE to dissolve into the water layer so long as MTBE concentration are

available in the organic phase ofthe petroleum plume.

Thus, in considering the treatment

ofMTBE, the remediation must remove the original petroleum plume

containing MTBE

as a reservoir ofthe MTBE

while any

necessary

MTBE

treatment is taking place for a

CWS

at the entry point of its

distribution system.

Without attending to

the petroleum

plume as an MTBE reservoir, the treatment ofMTBE at a CWS

may become a lengthy

process.

The recharge of the groundwater with MTBE from the original petroleum plume

can

occur for long periods oftime.

The half-life of MTBE is listed as between 4 months

and2

years7’8.

MTBE

is

a

Progressive

Problem

-

As

discussed

earlier,

MTBE

has

a

very

long

residence

time

in

groundwater.

The source

of MTBE

contamination

is

often

leaking

USTs.

With

many known

and

unknown

aging USTs

still

in the ground

and

potentially

leaking,

the

increasing

contribution of MTBE

to

groundwater

seems

inevitable.

Since

MTBE

resists

breakdown,

any

addition

of

MTBE

to

groundwater

will

most

likely

increase the concentration of MTBE

detected in the downstream aquifer at some time

in

the future.23’4’5”°

Geological Survey

and Oregon

Graduate Institute of Science and Technology, Petroleum

Hydrocarbon

Conference

Proceedings.

9Keller,

A. A.,

O.C. Sandal!,

R.G. Pinker, M.M. Mitani,

B.

Bierwagen, and M.J. Snodgrass,

1998, Cost and

Performance Evaluation of Treatment Technologies for MTBE-

Contaminated Water, Bren School of

Environmental Science and Management and Department of Chemical Engineering, University of

California Santa Barbara.

‘°

RFG/MTBE

Findings

and Recommendations, August

1999, Northeast States for Coordinated Air Use

Management.

6

---

CURRENT

TREATMENT METHODS

COMPARED

Natural Attenuation /

Biodegradation

-

Scientific studies have been performed

that show natural attenuation of MTBE in groundwater is negligible.

MTBE is

considered persistent, or recalcitrant, in groundwater and degrades very

slowly by natural

chemical or biological

degradation.

With the recent

introduction ofMTBE into the

underground environment, sufficient microbial organisms do not exist in most natural

settings to

degrade MTBE7’8.

Acidic chemical breakdown ofMTBE can occur, but at

lower pH levels than typically observed in nature. A study by Lawrence Livermore

National Laboratory in California determined that very limited

evidence exists that

natural attenuation ofMTBE is occurring in the field.’2

Chlorination

/

Sodium

Hypochlorite

-

The

typical

chlorination process

used

to

disinfect

drinking

water supplies has been shown to have no

noticeable effect on MTBE

concentrations.~

Ultraviolet

Irradiation

-

High-energy

ultraviolet

light

can be

used

in

a

similar

manner

as

chlorine

to

disinfect

drinking

water supplies.

The

UV

light

disrupts

DNA

function and is

designed to

effectively kill

all organic life in the water stream.

However

effective

this

method

is

on microbial

life in

the potential

drinking

water,

it is ineffective

on MTBE.

Experiments performed at the University of California Davis confirmed that

there was

no evidence of MTBE degradation in water upon

exposure to

UV

light emitted

by a low-pressure mercury lamp.’1

Reverse

Osmosis

(RO)

-

This

process

utilizes

a

semi-permeable

membrane,

which allows only small particles to pass through.

For instance, reverse osmosis has been

used to

filter

salinity

(salts)

out of seawater

to provide fresh drinking water for areas with

extreme

water

supply

problems.

For

large

pumping

rates,

this

method

can

be

very

expensive,

depending

on

the

constituents

in

the

water.

To

date,

most

membrane

technologies

are

not

applicable

to

volatile

organic

chemicals.

Little

information

is

“Chang,

P.

and T. Young. Reactivity

and

By

Products of methyl Tertiary Butyl Ether Resulting

from

Water Treatment

Processes, Department of Civil

and environmental Engineering University of California

Davis. (http:tsrp.uedavis.edulmtbreptlvol55.pdf)

7

---

available

concerning

removal

of

MTBE

using

RO

filtration.

Ultimately,

the

high

equipment cost,

maintenance,

and

filter

replacement costs

would

cause

this

method

to

lose

cost-effectiveness.

These systems

are expensive even for home use, which

in

most

cases is purification ofalready treated water.

Even under those conditions,

filters must be

replaced periodically.

For the cleansing ofraw water for a CWS,

filter replacement costs

would

make this

method

impractical unless

the

source water influent

into the treatment

system

was

fairly

clean

to

start

with

and

the

flow of water through

the

system

was

moderate

to low9.

Granular Activated Carbon (GAC)

-

Most concentrations oforganic chemicals in

a water phase are effectively reduced when treated with GAC.

With MTBE, however,

GAC is not as effective treatment medium due to the limited adsorption capability of

GAC for MTBE.

When used alone, removal of MTBE by GAC is not considered cost

effective for treating the large volumes ofwater used by a CWS.

Cost prohibitively large

units or multiple pass GAC systems may be

necessary to reduce the levels ofMTBE to

desired concentrations.

GAC will also

be reduced in its efficiency to remove MTBE if

the influent water contains TDS, metals or especially organics.

If benzene or other

organic chemicals are present with MTBE, MTBE adsorbed on a GAC

filtration

unit

could be

dislodged by the benzene or other organic compound sending a large spike of

MTBE through the treatment system.

To protect from such an

occurrence would require

careful monitoring ofthe

GAC system when GAC is used as a

primary

method of

treating MTBE.

Such monitoring of the GAC system will also increase costs.

Studies

have shown that MTBE

may be treated cost-effectively with GAC only at low

concentrations.

GAC may be

useful

and

cost

effective as a means ofsecondary

treatment

as a polishing step following some other forms ofMTBE removal9.

Air Stripping

-

Air stripping

one

ofthe most cost-effective approaches for

removing VOCs from groundwater.

Since MTBE is a volatile organic chemical with a

moderately high vapor pressure, one would expect it to be

susceptible to

air

stripping.

MTBE, however, is not

an efficiently

air stripped under moderate conditions due

to its

high solubility in water and its low Henry’s Law constant.

The high solubility ofMTBE

‘~

Happel, A.M., E.H.

Beckenbach,

and

R.U. Halden,

1998, An Evaluation of MTBE Impacts to California

Groundwater Resources,

Lawrence Livermore National Laboratory,

University of California.

8

---

requires the construction ofmuch larger air stripping units

than constructed

for

conventional VOCs,

which would

impart higher capita! and operating costs

for MTBE

treatment.

However,

if the temperature of the

influent

water

containing MTBE

contaminants

can

be raised significantly at reasonable cost, the size of the stripping unit

can be

reduced with the same or similar removal efficiency9.

In various field studies, MTBE has been air stripped effectively, but it requires

very

high

air to

water ratios, the use ofinfluent water heating to

facilitate volatilization,

and the use of a packed tower

with

appropriate

media.

In

one

study,

at

44:1,

75:1,

125:1,

and 200:1

ratios of

air-to-water

the following removal

efficiencies were achieved,

respectively: 44,

51,

61,

93-99,

At such high

air-water

ratios, however, the

media in the stripping tower can become clogged with precipitating scale and freezing

problems can occur in cold months.

One study found that heating the influent water from

10°Cto 27°C

increased

the efficiency of removal by a factor oftwo.

This

would require

pre-heating the water, which would add additional

cost.

The cost of air stripping is

approximately one-halfthat ofGAC, but this does not include treatment ofthe resulting

gas stream containing the MTBE vapors.

Ifthe facility

is in an air pollution non-

attainment area and cannot release MTBE into the atmosphere, treatment ofthe gas

stream will be required.

This will roughly double the cost, thus decreasing the cost-

effectiveness ofair stripping as a treatment option

~.

If MTBE vapor treatment is not necessary, packed tower air stripping may be

coupled with GAC treatment and

air!watei’

stream heating as a cost-effective method of

reducing concentrations ofthe contaminant.

Currently, this appears to be the most cost-

effective

method oftreatment compared to other proven methods

~.

~Keller,

A. A.,etal.,

1998.

9

---

TREATMENT SUMMARY

With

the limited

field-tested data available

for most recently

researched

methods

of MTBE

treatment,

few viable

options

exist that

have

wide

applicability

and

are cost-

effective.

It

is

important

to

note that

for traditional

technologies such

as

GAC or air

stripping, the average costs for treating MTBE-contaminated water is 40-80

higher than

treating waters

containing benzene or other organic chemicals.

Air stripping is

the lowest

cost technology for high flow rates (100-1000 gpm), if no

air

treatment

is

required.

Air

treatment

can

be required.

Hollow fiber membranes

are the

lowest

cost

technology for

low

flow

rates (10-100

gpm), if no

air

treatment

is

necessary

(which

is

normal

at low

flow rates).

GAC

will be most cost-effective

at all flow rates if air

treatment

is required

and

the

influent

water has

low

levels

of other

organic

chemicals.

If air

treatment

is

required and high levels of other organic compounds

are detected,

air stripping

is

more

cost-effective

than GAC

at flow rates of 100

or greater.

Advanced oxidation

processes

(“AOP”) are in all

cases

more expensive than the alternative technologies, and there are

sufficient uncertainties at this point with respect to by-products of AOP to warrant further

study

of this

technology before accepting full

utilization.

At

high flow rates, however,

AOP

may

become

cost-effective

compared

to

other

technologies, pending

further full-

scale field tests.

Various forms ofbiodegradation may in fact soon take precedence over

some these methods, but at this time there is not enough field study

completed to

warrant

full implementation.

Most

sources claim that

treatment

options for MTBE

in

groundwater should

be

conducted

on a case-by-case

basis.

Each well may have different sets ofparameters with

respect to

other wells,

Factors

such as pH, pumping rate,

facility design,

water hardness,

inorganic

levels, level

of MTBE

contamination,

and

the

level

of interference

by

other

organic contaminants will differ by well ortreatment application point.

10

---

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY’

RIBBON MTBE PANEL FINDINGS

On November 30,

1998, Carol Browner, Administrator of the United States

Environmental

Protection Agency (“U.S. EPA”) appointed a Blue Ribbon Panel of

leading experts to

investigate concerns raised by the discovery ofMTBE,

a gasoline

additive,

in some water supplies.

According to the report produced from the Blue Ribbon

Panel, U.S.

EPA recommended that:

Recommended a comprehensive set ofimprovements to

the nation’s water

protection programs, including over 20 specific actions to

enhance Underground

Storage Tank, Safe Drinking Water, and private well protection programs.

Review

ofthe Blue Ribbon Panel recommendations and findings supports

inclusion ofa groundwater standard for MTBE4.

FOR MTBE

U.S.

EPA recently adopted new revisions to the Unregulated Contaminant

Monitoring Regulation (“UCMR”) under the SDWA.

MTBE

is one of 13

chemicals

included in

this regulation.

One ofthe Blue Ribbon Panel recommendations consisted of

accelerating the UMCR for MTBE prior to the implementation date ofJanuary

1,

200113.

‘

USEPA.

1999.

“

Federal Register 40

CFR Part 9,

141

and

142. September,

17

1999.

Revisions to the

Unregulated

Contaminant Monitoring Regulation for Public Water Systems, Final Rule.

Vol

64, No.

180.

Ii

---

ILLINOIS EPA’S PROPOSAL TO

AMEND THE

STANDARDS

Section 620.31 0(a)(3)(A)(i)

Preventive Response Activities

This subsection has been amended to

include a preventive response level MTBE

based

on its taste and odor threshold.

Exhibit III details information on the taste and odor

threshold for MTBE.

Section 620.410(b)

This subsection has been amended to include a Class

I:

Potable Resource

Groundwater Standard for MTBE.

This standard is based on a draft Illinois EPA health

advisory,

developed pursuant to 35

Ill. Adm.

Code 620.605, and a

review

ofwhat other

states are doing.

Exhibit

IV details information on the health advisory information for

MTBE.

Section 620.420(b)

This subsection has been amended to include a Class

II: General Resource

Groundwater Standard for MTBE.

In the original regulatory proceeding, R89-14(B), the

Class II:

General Resource Groundwater standard for organic constituents was based on

the capability oftreatment technology to

achieve the Class I standard.

The treatment of

MTBE

is very difficult once it has dissolved into the groundwater.

The Henry’s law coefficient for MTBE is very low making it difficult to remove.

Granular activated carbon is also

not effective because MTBE does not readily adsorb.

Thus, the Class II standard is also

proposed at 0.070 mg/i.

Section

620.505(a)(5)

This subsection has been amended to not exclude compliance points that are valid

for determining groundwater quality,

and in certain instances may be existing potable

water supply wells.

12

---

CONCLUSION

This concludes my testimony.

I will be happy to

address any questions.

L:/epa3 I 88/docs/regulatory/IG PAIMTBE/MTBEtest,

February

15,

2001

‘3

---

EXHIBIT I

—

Curriculum Vitae of Richard

P. Cobb

14

---

CURRICULUM VITAE

I. Personal

A. Present Position:

Manager, Groundwater Section,

Illinois Environmental Protection

Agency

II. Education

1981

B.S.

Illinois

State University (Geology)

1984

Illinois State

University (Hydrogeology and Engineering Geology)

1986

United States Geological Survey National Training Center (Geochemistry for

Groundwater Systems)

1986

Illinois

State University Graduate Geohydrology Program (Hydrogeology of Waste

Disposal Sites)

1987

Illinois State University Graduate Geohydrology Program (Hydrology of Glacial

Deposits in Illinois)

1992

United States Geological Survey (MODFLOW and MODPATH groundwater

modeling)

1994

24 Hour Occupational Health & Safety Training

1995

Illinois

State University Graduate Geohydrology Program (Computer Modeling of

Groundwater Systems)

III. License

Licensed Professional Geologist

196-000553, State of Illinois, expires 3/3 1/2001

IV. Certification

Certified Professional

Geologist

7455,

Certified by the

American

Institute ofProfessional

Geologists 4/88

Certified Total Quality Management Facilitator

Certified by Organizational Dynamics Inc., 5/92

V. Summary ofExperience

15

---

More than twenty years ofexperience of working as a professional geologist in hydrogeolôgy,

environmental

geology and petroleum geology. Twelve years of diversified, interdisciplinary

experience as a senior manager, junior manager of a technical hydrogeology unit, and

lead

worker for Illinois’

statewide groundwater protection program. Three years of experience as a

consulting well site geologist for major and

independent oil companies

conducting petroleum

exploration and

development in Arkansas, Kansas, Louisiana, Montana, North Dakota,

Oklahoma and Utah. Two years of undergraduate teaching assistant experience for several

geology courses.

VI. Summary of Computer Skills

I use the following computer programs: WordPerfect,

8.1, Microsoft Word 2000, QuattroPro,

FoxPro, Power Point, Freelance Graphics,

ARC VIEW II, Aqtesolv, SURFER, WFIPA,

DREAM, AQUIFEM, MODFLOW, MODPATH,

and Visual MODFLOW.

VII.

Professional Representation

A.

Illinois Environmental Protection Agency (Agency) liaison to the Governor appointed

Groundwater Advisory Council

(GAC).

B.

Agency representative on the Interagency Coordinating

Committee on Groundwater

(ICCG).

C.

Agency representative on the Senate Working Committee on Geologic Mapping.

D.

Agency representative on the State Certified Crop Advisory Board, and chairman ofthe

ethics and regulatory subcommittee

established in association with the American Society of

Agronomy/American Registry ofCertified Professionals in Agronomy, Crops and

Soils.

E.

Chairman of the Agency Geographic Information System Users Group.

F.

Member ofthe Agency Cleanup Objectives Team from

1988 to

1993 that established soil

and groundwater cleanup objectives on a site-by-site basis.

G.

Member of technical work group that developed Illinois

groundwater

quality

standards

regulations.

H.

Project leader for a special Agency work group that utilized vadose zone and solute

transport modeling to develop soil

cleanup objectives under different hydrogeologic settings

for the leaking underground storage tank program.

I.

Agency representative on a special subcommittee ofthe ICCG charged with the

development of a State Pesticide Management Plan for the protection ofgroundwater.

16

---

J.

Member ofAgency

task group involved with

developing the siting criteria for a low level

radioactive waste site

in.

Illinois.

K.

Environmental regulatory representative from Illinois

on the Fresh Water Foundation’s

Groundwater Information System (GWIS) project in

the great lakes basin.

L.

Agency representative on four priority regional

groundwater protection planning

committees

designated by the Director to

advocate groundwater protection programs at the

local

level.

M.

Representative on the Groundwater Subcommittee ofthe National

Section 305(b) Report,

ofthe Clean Water Act, Consistency Workgroup.

N.

Bureau ofWater representative on the Agency’s Locational Data Policy Workgroup.

0.

Bureau ofWater representative

on the Agency GIS Steering Committee.

P.

Member ofthe Ground Water Protection Council’s Wellhead Protection Subcommittee.

Q.

Elected Co-Chair ofthe Groundwater Division ofthe GWPC on September 1997.

GWPC

is a national, not for profit organization whose members are interested in the protection ofthe

nation’s ground water supplies. The mission ofthe GWPC

is to promote the safest methods and

most effective regulations regarding comprehensive ground water protection and underground

injection techniques.

GWPC’s meetings, workshops, seminars, and symposia provide forums,

educational resources, open communication, and active participation by its

members. GWPC’s

membership includes local, state, and federal governments, citizen groups, industry, academia,

and other parties interested in responsible protection and management of ground water

resources.

R.

Chairman ofIllinois’

Source Water Protection Technical and Citizens Advisory

Committee.

S.

United States Environmental Protection

Agency National Ground Water Report work

group member.

One of 10 state

representatives

serving

on a work group sponsored by U.S.

EPA headquarters charged with development of a national report to be submitted to the U.S.

Congress on the status and needs for groundwater protection programs across the country.

January

1999 to present.

T.

Northeastern Illinois Planning Commission Water Supply Task Force member.

The

purpose

ofthis task

force is to assist the Commission in the development of a Strategic Plan for

Water

Resource Management. March

1999

to

present.

U.

GWPC/1J.S.

EPA Futures Forum Work Group providing input on source water protection

for

the next 25 years.

January

1999 to present.

17

---

V.

GWPC/ASDWA work group providing input into the U.S.

EPA Office ofGround and

Drinking Water Strategic Plan for Source Water Protect. June 2000.

W. VIII. Professional Affiliation

National Groundwater Association

Illinois Groundwater Association

Association ofGroundwater Scientists and Engineers

American Institute ofProfessional

Geologists

The Society ofSigma Xi

Ground Water Protection Council

IX. Chronological Experience

9/92-Present

Title: Manager ofthe Groundwater Section in Bureau of Water at the

Illinois Environmental Protection Agency.

I

also serve periodically as Acting Manager for the

Division ofPublic Water Supplies.

My primary responsibilities include development and

implementation ofIllinois statewide groundwater quality protection, USEPA approved

wellhead protection program, and

source water protection program.

My responsibilities

include development and implementation ofIllinois statewide groundwater quality protection,

USEPA approved wellhead protection program, and the source water assessment and

protection program for surface and groundwater public drinking water supplies.

These duties

include extensive coordination with federal, state and local stakeholders that include the

Governor appointed Groundwater Advisory Council, the Interagency Coordinating Committee

on Groundwater, four Priority Groundwater protection planning Committees,

Illinois Source

Water Protection Technical and Citizens Advisory Committee and through being co-chair of

the GWPC Ground Water Division.

Additionally, work with the Bureau ofWater permit and

Mine Pollution Control Program staff to develop source water protection, groundwater

monitoring and aquifer evaluation and remediation programs.

I have also

served as a primary

Agency witness at Illinois Pollution Control Board proceedings in the matter ofgroundwater

quality standards, technology control regulations,

and

water

well setback zone exceptions.

Furthermore, I have served

as an Agency witness

in enforcement matters.

7/91-9/92

Title: Acting Manager of the Groundwater Section in Bureau ofWater at the Illinois

Environmental Protection Agency. My responsibilities

include continued development and

implementation of Illinois statewide groundwater quality protection and USEPA’s approved

wellhead protection program. Additionally, work with the Bureau of Water permit and Mine

Pollution Control Program staff to develop groundwater monitoring and aquifer evaluation,

remediation and/or groundwater management

zone programs. I also served as a primary

Agency

witness

at Illinois Pollution Control Board proceedings in the matter ofgroundwater

quality standards and technology control regulations. Additionally, serve

as an Agency total

quality

management

(TQM) facilitator,

and TQM

trainer.

18

---

Manage a statewide regulatory compliance program for activities located within setback zones

and regulated recharge areas ofpotable water supply wells.

7/88-7/91

Title:

Manager of the Hydrogeology Unit, Groundwater Section

in the Bureau of

Water.

Manage

a staff ofgeologists and

geological engineers that apply hydrogeologic and

groundwater modeling principals to

statewide groundwater protection programs. Oversight the

development, integration and

application ofGeographic Information System, global

positioning system, geostatistical, optimization, vadose zone, solute transport, groundwater

flow and particle tracking computer hardware/software programs

for groundwater protection

and remediation projects.

Provide

administrative support to

the Section manager in

coordination, planning, supervision,

grant application and management, regulatory and legislative

development in relation to the

statewide groundwater quality protection program. Establish soil

and groundwater cleanup

objectives on the Agency Cleanup Objectives Team.

7/85-7/88

Title: Environmental Protection Specialist in the Groundwater Section ofthe

Illinois

Environmental Protection Agency. Lead worker and senior

geologist in the

development and implementation ofIllinois statewide groundwater quality protection program.

3/81-12/83 Title: Consulting Well Site Geologist for Geological Exploration Consultants of

Denver Colorado. Worked as a consulting well site geologist

in petroleum exploration and

development for major and independent oil companies. Responsible for the geologic oversight

oftest drilling for the determination and presence ofpetroleum hydrocarbons.

Prepared

geologic correlations and performed analysis ofgeophysical logs, drilling

logs and drill

cuttings. Supervised and analyzed geophysical logging. Made recommendations for conducting

and assisted with the analysis ofdrill stem tests and coring operations. Provided daily

telephone reports and final written geologic reports to

clients.

1/79-3/81

Title:

Undergraduate Teaching Assistant for Illinois

State

University

Geology

Department. Responsible for teaching and assisting with lecture sessions, lab sessions,

assignment preparation and grading for petrology, stratigraphy and

geologic field techniques.

X. List of Rulemaking or Cases in Which Expert Witness

Experience Has Been

Gained

IN THE MATTER OF:

GROUNDWATER QUALITY STANDARDS

(35

ILL. ADM. CODE

620). R89- 14(B) (Rulemaking).

Subject:

I served as the principal Illinois EPA witness

recommending adoption of this Agency proposal.

R89-14(B) was adopted by the Board.

IN

THE MATTER OF: GROUNDWATER PROTECTION:

REGULATIONS FOR

EXISTING AND NEW ACTIVITIES WITHIN SETBACK ZONES AND REGULATED

RECHARGE AREAS

(35

ILL. ADM. CODE

601. 615, 616 and 617). R89-5

(Rulemaking).

Subject:

I

served

as the principal Illinois

EPA witness

supporting adoption of this Agency

proposal.

R89-5

was adopted by the Board.

19

---

IN THE MATTER OF: GROUNDWATER QUALITY

STANDARDS (35

ILL. ADM. CODE

620). R93-27 (Rulemak~g)~

Subject:

I served as the principal Illinois EPA witness

recommending amendments of

new

constituent standards

in

this Agency

proposal.

IN THE MATTER OF: PROPOSED REGULATED RECHARGE AREAS

FOR PLEASANT

VALLEY PUBLIC WATER DISTRICT,

PROPOSED AMENDMENTS TO (35 ILL. ADM.

CODE 617), R00-17

(Rulemaking)~Subject:

I served

as the principal Illinois EPA witness

supporting adoption ofthis Agency proposal.

IN THE MATTER OF:

NATURAL GAS-FIRED, PEAK-LOAD ELECTRICAL

GENERATION FACILITIES (PEAKER PLANTS).

ROl-lO (Informational Hearing) Subject:

I served as a supporting Illinois EPA witness to discuss the impact ofpeaker plants

on

groundwater.

IN THE MATTER OF: PROPOSED AMENDMENTS

TO TIERED

APPROACH TO

CORRECTIVE ACTION OBJECTIVES

(35

Ill. Adm.

Code 742). (R00-19(A) and R00-19(’B))

(Rulemaking)~Subject:

I served as a supporting Illinois

EPA witness recommending inclusion

ofMTBE in this Agency proposal.

STATE OIL COMPANY

vs.

DR. KRONE, McHENRY COUNTY and ILLINOIS EPA. PCB

90-102 (Water Well Exception). Subject: This case involved obtaining an

exception from thern

owner

ofa non-community

water

supply well for placing new underground gasoline storage

tanks within the 200 foot setback zone ofwell.

I served as the principal witness for Illinois

EPA on this case.

The Board granted the exception with conditions.

SHELL OIL COMPANY vs. COUNTY ofDuPAGE and THE ILLINOIS

ENVIRONMENTAL PROTECTION AGENCY, PCB

94-25

(Water Well Setback Exception).

Subject: A new underground gasoline storage tank was seeking an exception from the Illinois

Pollution Control Board in relation to

a private

drinking water supply well setback zone.

The

DuPage County and the Illinois EPA held that the tank would be a significant hazard and

opposed the exception.

I served as the principal Illinois EPA witness.

Shell withdrew the

petition from the Board after hearings were held.

People ex rel. Ryan

v. STONEHEDGE,

INC.. 288 Ill.App.3d

318,

223

Ill.Dec. 764, 680

N.E.2d 497

(IlLApp. 2 Dist.

May

22,

1997).

Subject:

State brought Environmental Protection

Act action against company engaged in business ofspreading deicing salt, alleging that salt

stored on company’s industrial property leaked into area’s groundwater supply, thereby

contaminating it.

The Circuit Court, McHenry County, James C. Franz, J., granted company’s

motion for summary

judgment.

State appealed.

The Appellate Court, Colwell, J., held that:

(1)

wells existing before Illinois

Water

Well Construction Code was enacted are not

“grandfathered”

in

as being

in

compliance with Code, so as to be automatically subject to

testing

for

groundwater

contamination, and (2) fact issues precluded summary

judgment

on

20

---

claim arising

from alleged deposit of

at

least 50,000 pounds of salt in pile within 200

feet of

two existing

water

supply

wells.

Affirmed

in part and reversed

in

part; cause remanded.

People vs. AMOCO OIL COMPANY and MOBIL CORPORATION,

Case no. 90-CH-79,

Tenth Judicial

Court, Tazewell

County, Illinois.

Subject:

Groundwater contamination resulting

from releases at above ground bulk petroleum storage terminals resulting in

violation of

Illinois’

Groundwater Quality Standards

Regulations (35 Illinois Administrative Code

620). I

served

as the principal Illinois EPA witness on this case.

The case was settled with a penalty

of $125,000 and the

requirement

of a comprehensive corrective action program.

People vs. STONEHEDGE INC. Case no. 94-CH-46, Circuit Court of the

19th

Judicial Circuit,

McHenry County.

Subject: This case involved

a violation ofthe potable well setback zone

provisions of Section 14.2 ofthe Illinois Environmental

Protection Act.

Stonehedge Inc.

placed a salt pile of greater than 50,000 pounds within the 200 foot setback of multiple private

drinking water supply wells.

I served as an Agency principal witness.

Stonehedge Inc.

was

found to be guilty ofviolating the setback prohibition in this case and was assessed a penalty of

$1,500 and attorneys fees of$4,500.

SALINE VALLEY CONSERVANCY DISTRICT vs. PEABODY COAL COMPANY. Case

No. 99-4074-JLF, United States District Court for the Central District ofIllinois.

Subject:

Groundwater contamination from the disposal of 12.8 million tons of coarse coal refuse, slurry

and gob.

Witness for the Illinois EPA.

This is

an on-going case.

XI.

Honors

Sigma Xi 4/81

Superior Performance

Award 1/86

Superior Performance

Award

11/87

Certificate ofCommendation for Groundwater Protection Programs 4/92

Certificate ofAppreciation for work on the Agency’s Cleanup Objectives Team 4/93

Certificate ofAppreciation for participation as an Agency TQM facilitator 4/93

Certificate ofAppreciation for participation on a total quality

action

team

4/93

Certificate ofAppreciation for participation in the Governors Environmental Youth Corps

Program 4/93

21

---

Director’s Commendation Award for participation in the development of the

City of Pekin,

Ii.

Groundwater Protection Program and commitment to the protection of Illinois

groundwater.

7/95

Certificate of Appreciation for outstanding contribution to the development ofthe Ground

Water Guidelines for the National

Water Quality Inventory

1996 Report to Congress from the

United States Environmental Protection Agency Office ofGround Water and Drinking Water.

8/96

Groundwater Science Achievement Award from the Illinois Groundwater Association for

outstanding leadership

and service in the application of groundwater science to groundwater

protection in

Illinois and in the development,of the wellhead protection program and pertinent

land-use regulations.

11/97

Certificate ofAppreciation from the Ground Water Protection Council for distinguished

service, remarkable dedication, valuable wisdom and outstanding contribution as a GWPC

member,

division co-chair and special committee member.

9/99

Drinking Water Hero Recognition by United States Environmental Protection Agency

Administrator Carol

Browner at

the

25th

Anniversary

oftheFederal

Safe Drinking

Water Act

Futures Forum in Washington D.C.

12/99.

Certificate ofRecognition from United States Environmental Protection Agency Region V

Adminstrator Fred Lyons

for outstanding achievements in protecting Illinois’ groundwater

resources.

12/99

XII.

Co-Author

A Plan for Protecting Illinois Groundwater, Illinois Environmental Protection Agency, January

1986.

65

p.

Groundwater in Illinois: A Threatened Resource, A Briefing Paper Regarding the Need for

Groundwater Protection Legislation, Governors Office and Illinois Environmental

Protection

Agency, April

1987.

34 pp.

Illinois Groundwater Protection Act,

Public Act 85-0863, September,

1987.

68 pp.

~‘3

---

Co-Author

Groundwater Quality Standards

(35

Ill. Adm.

Code 620), November,

1991. 79

pp.

Groundwater Protection: Regulations for Existing and New Activities within Setback Zones

and Regulated Recharge

Areas (35 Ill. Adm.

Code 601,

615,

616 and 617), December,

1991.

132 pp.

Principal Author

Maximum Setback Zone Rules For Community Water Supply Wells

(35

Ill.

Adm.

Code 671),

February 1988.

50 pp.

Minimal Hazard CertificationRules

(35

Ill. Adm.

Code 670), February,

1994. 21

pp.

Amendments

to

the Groundwater Quality Standards Regulation,

(35

Ill. Adm.

Code 620),

February 1994.

Regulated Recharge Area Regulation for Pleasant Valley Public Water District,

(35

Ill. Adm

Code 617), under development.

Maximum Setback Zone Regulation for Illinois American Water

Company-Peoria,

(35

Ill.

Adm.

Code 618), under development.

C. Groundwater Quality and

Principal Author

Cobb,

R.P., and Sinnott, C.L.,

1987. Organic Contaminants In Illinois Groundwater.

Proceedings ofthe American Water Resources Association, Illinois Section, Annual

Conference, Champaign, IL, April 28-29, p.

3 3-43.

Clarke, R.P., and Cobb, R.P.,

1988.

Winnebago

County

Groundwater Study.

Illinois

Environmental Protection Agency. 58 pp.

Cobb, R.P., etal, 1992.

Pilot Groundwater Protection Needs Assessment for the City ofPekin.

Illinois

Environmental Protection Agency.

111

pp.

23

---

Principal Author

Buscher, W.E., and Cobb, R.P.,

1990. Maximum

Setback Zone Workbook. Illinois

Environmental Protection Agency. 62 pp.

Cobb,

R.P.,

1990. Illinois Groundwater Protection Program: A Biennial Report. Interagency

Coordinating Committee on Groundwater.

53 pp.

Cobb, R.P., Buscher, W.E., and A.

Dulka,

1991. Illinois Approved Wellhead Protection

Program Submitted to the United States Environmental Protection Agency Pursuant to Section

1428 ofthe Safe Drinking Water Act. Illinois Environmental Protection Agency.

44 pp.

Cobb, R.P.,

1992. Illinois Groundwater Protection Program: A Biennial Report. Interagency

Coordinating

Committee on Groundwater.

118 pp.

Cobb, R.P.,

1994. Illinois Groundwater Protection Program: A Biennial Report. Interagency

Coordinating Committee on

Groundwater.

118 pp.

Cobb, R.P.,

1994. Briefmg Paper and Executive Summary on

the

Illinois Groundwater

Protection Act and Groundwater Protection Programs with Recommendations

from the Illinois

Environmental Protection Agency Regarding the Siting of a Low Level Radioactive Waste

Site. Presented to the Low Level Radioactive Waste Task Force on December 9, 1994 in

Champaign-Urbana.

Cobb, R.P., 1994.

Measuring Groundwater Protection Program Success. In the proceedings of

a national conference on Protecting

Ground Water: Promoting Understanding,

Accepting

Responsibility, and Taking Action. Sponsored by the Terrene Institute and the United States

Environmental Protection Agency in Washington D.C., December

12-13, 1994.

Cobb,

R.P.,

Wehrman, H.A.,

and R.C. Berg,

1994. Groundwater Protection Needs

Assessment Guidance Document. Illinois Environmental Protection Agency.

+94 pp.

Cobb, R.P., and Dulka,

W.A., 1995. Illinois Prevention Efforts: The Illinois Groundwater

Protection Act Provides a Unified Prevention-Oriented Process to Protect Groundwater

as a

Natural and Public Resource, The AQUIFER, Journal ofthe Groundwater Foundation, Volume

9, Number 4, March

1995.

3pp.

Cobb, R.P.,

1995. Integration ofSource Water Protection into a Targeted Watershed Program.

In the proceedings of the GROUND WATER PROTECTION COUNCIL’S Annual Ground

Water Protection Forum in Kansas City Missouri.

24

---

Cobb, R.P.,

1996.

A

Three

Dimensional

Watershed

Approach: Illinois

Source

Water

Protection Program.

In the proceedings of the GROUND

WATER PROTECTION

COUNCIL’S Annual Ground Water Protection Forum

in Minneapolis, Minnesota.

Cobb, R.P., and W.A. Dulka,

1996. Discussion Document on the Development ofa Regulated

Recharge Area for the Pleasant Valley Public Water District. Illinois Environmental Protection

Agency. pp 28.

Cobb,

R.P.,

1996.

Illinois Source Water Protection

Initiatives-Groundwater Perspective.

In the

proceedings ofthe American Water Works Association’s Annual Conference and Exposition in

Toronto Canada. pp 585- 594.

Cobb, R.P.,

1996.

Illinois’

Groundwater Protection

Program: A Biennial Report. Interagency

Coordinating Committee on Groundwater.

93 pp.

Cobb, R.P., and Dulka, W.A., 1996. Illinois Community Examines Aquifer Protection

Measures. American Water Works Association JournaL

plO.

Cobb, R.P., McMillan,

W.D., and K.E. Cook.

1996. Drinking and Groundwater Sections of

Illinois Water

Quality Report (Section 305(b) Report.

Cobb, R.P.,

1996.

Illinois’

Core Comprehensive State Groundwater Protection Program

Application. Illinois Environmental Protection Agency.

159 pp.

Cobb, R.P., 1998.

Illinois Source Water Assessment and Protection Program Application.

180

pp.

Cobb, R.P., et

al. October 1999, Ground

Water

Report to Congress, United States

Environmental Protection Agency.

Co-Author

Clarke, R.P., Cobb, R.P. and C.L. Smnnott,

1988.

A Primer Regarding Certain Provisions ofthe

Illinois

Groundwater Protection Act. Illinois Environmental

Protection Agency. 48 pp.

Kanerva, R.A.,Clarke, R.P. and

R.P.

Cobb

1988. An Issues /

Options Paper for

Comprehensive Water Quality Standards for Groundwater. Interagency Coordinating

Committee on Groundwater. 25 pp.

Kanerva, R.A., Clarke, R.P. and R.P Cobb

1989. Discussion Document for Comprehensive

Groundwater Quality Standards. Interagency Coordinating

Committee on Groundwater. 25

pp.

Dulka, W.A., and R.P. Cobb,

1995. Grassroots

Group Forges Groundwater Protection Law.

American

Water Works Association, Opflow, Vol.

21

No.

3.

2pp.

25

---

Principal Author

Cobb, R.P.,

1980. Petrography ofthe Houx Limestone

in Missouri. Transactions of the Illinois

Academy of Science Annual

Conference,

Illinois Wesleyan, Bloomington, IL..

26

---

EXHIBIT Il—Maps of Community Water Supplies with MTBE Detections

27

---

T&C Mobile Estates

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