ILLINOIS POLLUTION CONTROL BOARD

March 6, 1997

IN THE MATTER OF:

REGULATION OF PETROLEUM

LEAKING UNDERGROUND STORAGE

TANKS (35 ILL. ADM. CODE 732)

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R97-10

(Rulemaking - Land)

Adopted Rule. Final Order.

OPINION AND ORDER OF THE BOARD (by G.T. Girard, J. Theodore Meyer, and J. Yi)

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The Board gratefully acknowledges the assistance of Chuck Feinen, Attorney Assistant to

Joseph Yi, K.C. Poulos, Attorney Assistant to J. Theodore Meyer, and Anand Rao, a Member

of the Board’s technical unit in this proceeding. Marie Tipsord, Attorney Assistant to G.

Tanner Girard, deserves special recognition for coordinating the Board’s efforts in this

rulemaking within an extremely short time frame.

On September 16, 1996 the Illinois Environmental Protection Agency (Agency) filed

this proposal to amend our existing underground storage tank (UST) rules as required by P.A.

89-457, signed and effective May 22, 1996. P.A. 89-457 requires that the Board complete its

rulemaking on or before March 15, 1997. The intent of the proposal is to effectuate changes

for three reasons: (1) to make the UST program consistent with specified federal requirements;

(2) to clarify issues which have arisen since initial implementation of this part; and (3) to

address issues unresolved in the predecessor R94-2(B) docket, such as determining risk-based

remediation objectives and site classification. On September 19, 1996 the Board accepted this

matter for hearing, and granted the motion regarding incorporations by reference filed along

with the petition.

A pre-hearing conference was held on October 24, 1996 in Springfield, Illinois.

Hearings were held on November 18, 1996 (Tr. 1) in Chicago, Illinois and December 9, 1996

(Tr. 2) in Springfield, Illinois before Board Hearing Officer Marie Tipsord. Testimony was

received from the Agency and representatives of the Illinois Petroleum Council and Illinois

Petroleum Marketers Association. Final comments were due on December 23, 1996 and the

Board received five public comments. On January 9, 1997 the Board adopted a second notice

in this matter. The rule was filed with the Joint Committee of Administrative Rules (JCAR)

and on February 26, 1997 JCAR voted a certification of no objection to the rule.

Today the Board proceeds to final notice with this rule. During second notice, the

Board made numerous non-substantive changes at the request of JCAR. In addition, for

reasons more fully explained in the opinion, an effective date of July 1, 1997 has been

included in these rules.

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AGENCY PROPOSAL

In support of the proposal the Agency filed a “Statement of Reasons” (Reasons) which

indicates that this proposal was filed pursuant to Section 57.14(e) of the Act, as amended by

P.A. 89-457. (Reasons at 1.) The General Assembly had acted to amend the Act because of

actions taken by the United States Environmental Protection Agency (USEPA) which indicated

that the Illinois leaking underground storage tank program was inconsistent with federal

requirements. This proposal submitted by the Agency amends the regulations to insure

consistency with the federal program and legislative mandates. (Reasons at 2.)

The Agency’s proposal included general changes throughout Part 732, such as all plans

and reports are now being required to be submitted on Agency forms. (Reasons at 4.) Those

forms were provided to the Board as Exhibit 6 at hearing. Also, references to the development

of remediation objectives are to Part 742, which is being proposed to the Board in R97-12,

Tiered Approach to Clean-up Objectives (hereinafter R97-12). (Reasons at 4.) The last

general change is that any references to approval of plans or reports by operation of law have

been changed to denials in cases where the Agency fails to meet deadlines.

More specific changes in Subpart A include the definition of “occurrence” which has

been changed to parallel the statutory change. Also, a new definition has been added for

“stratigraphic unit” because of technical differences within the regulated community regarding

the term’s meaning as used in the UST rules. (Reasons at 4.) The stratigraphic unit definition

was developed for the purpose of interpreting the geologic material located at a site. (

Id

.)

The Agency developed the definition to ensure that each physical feature within the geologic

material on a site-specific basis is evaluated to determine the potential for the transportation of

contamination. (

Id

.)

The Agency indicated in the statement of reasons that it is necessary to evaluate

changes in geologic material to determine if the actual geologic material is consistent with its

classification in the Berg Circular (as incorporated by reference in 35 Ill. Adm. Code 732) or

to determine if the criteria in 35 Ill. Adm. Code 732.307(d)(2) and (d)(3) are satisfied.

(Reasons at 4.) This issue is discussed in more detail herein.

The proposal also makes specific changes to Subpart B which include, under Section

732.202, wording which has been added to clarify the time frames for submittal of 20 day and

45 day reports. (Reasons at 4.) The Agency has also added activities to the list of acceptable

“early action” activities, including language that requires applicants seeking reimbursement for

early action activities to perform those activities within 45 days, unless circumstances

approved by the Agency warrant extending the time frame. (Reasons at 5.)

In Subpart C, the Agency added language to Section 732.300 to address USEPA’s

concerns that the Agency must have the right to require a groundwater investigation if

warranted. (Reasons at 5.) Amendments of Section 732.306 address the concerns of USEPA

that deferrals need to be based on aspects of risk at the site. (

Id.

) The changes to Section

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732.202 also address the issue of a groundwater investigation and the requirements that must

be met. (

Id

.)

Proposed Section 732.307 contains several changes that include alternative methods for

soil testing, clarifications on hydraulic conductivity and yield, clarifications on the Method 2

requirements when there are multiple tanks in one tank field, a provision for modification of

the location of a groundwater monitoring well if the well cannot physically be installed at 200

feet or the property boundary, and criteria for when the Agency may waive the requirement

for three years of groundwater monitoring. (Reasons at 5.)

Section 732.312 is a new proposed section that sets forth an alternative site

classification approach. Section 57.7(b)(6) of the Act authorizes the Board to adopt a physical

soil classification methodology as an alternative to the statutory Berg method. Therefore, the

Agency is proposing Section 732.312 as a third method of site classification. (Reasons at 6.)

Method 3 provides for the exclusion of exposure pathway as a means for classifying a site; if

all applicable exposure routes can be excluded from further consideration pursuant to 35 Ill.

Adm. Code 742 (which is cross-referenced in several places of Part 732), then the site is a

“No Further Action” site. (

Id.

) However, if any of the applicable exposure routes cannot be

excluded, then the site is a “High Priority” site. Under this Method 3 there is no “Low

Priority” classification. (

Id

.)

In Subpart D the Agency proposed several changes. In Section 732.403, the Agency

proposed amendments for modification of the location requirement for groundwater monitoring

wells similar to that in Section 732.307. (Reasons at 6.) Proposed 732.403 also provides

language for allowing the Agency to reclassify a site from “Low Priority” to “High Priority”,

for just cause, any time before Agency approval of a “Low Priority” groundwater monitoring

completion report, and language outlining the steps to be taken following a demonstration that

groundwater monitoring should not be required for three years. (

Id

.) Section 732.403 as

proposed also contains a provision that would allow an owner or operator to use groundwater

monitoring data that has been collected up to three years prior to the site being classified as

“Low Priority.” (

Id

.)

Section 732.408 has been revised to refer to 35 Ill. Adm. Code 742 for the

establishment of remediation objectives and Section 732.410 was repealed because the “No

Further Remediation Letters” are now addressed under a new Subpart G. (Reasons at 6-7.) In

addition language has been added to Section 732.503 in Subpart E that deletes the requirement

that the Agency notify tank owners or operators if 20 day, 45 day, and free product reports

have been selected for full review. (Reasons at 7.)

A new Section 732.601(g) has been added to Subpart F in order to clarify that payment

for site classification costs may only be submitted after site classification has been completed.

(Reasons at 7.) Further, in Section 732.606 wording has been added to Subsection (a) to

clarify what costs qualify for early action costs. (Reasons at 7.) Subsections (dd) and (ee)

have been added to clarify that only one classification method is eligible for reimbursement,

even if multiple methods are performed. Paragraphs (gg) through (ll) have been added to

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clarify costs that are ineligible for reimbursement and provide a specific citation for the

Agency to identify when denying these costs. (

Id

.)

Section 732.608 has been changed to require the Agency to determine the

apportionment method to use (number of tanks or volume of tanks) that is most favorable in

terms of reimbursement to the owner and operator of the tanks.

A new Subpart G which sets forth the procedures for issuance of a “No Further

Remediation” letter and the recording requirements has been proposed. Subpart G was

established to carry out the provisions in 35 Ill. Adm. Code 742 (

see

R97-12) that require the

use of institutional controls under certain circumstances.

Finally, the Agency proposed that Appendix B be completely revamped to delete the

references to cleanup objectives and replace them with a list of indicator contaminants

referenced in Section 732.310. Appendix C was added to identify the maximum amount of

backfill that can be reimbursed under early action based on the volume of the tank. (Reasons

at 8.)

ISSUES

The Board heard testimony by Mr. Gary King, Mr. Douglas Clay and Mr. Jack Burds

on behalf of the Agency and in support of the proposal. The Agency also filed a final written

comment on December 23, 1996 (P.C. 3). The Board received four additional public

comments in this proceeding from the following:

11/12/1996

Comments of Browning-Ferris Industries by William R. Uffeleman,

Divisional Vice President, Government Affairs (P.C. 1) (BFI)

10/28/1996

Comments on behalf of the Illinois Petroleum Marketers Association and

Illinois Association of Convenience Stores submitted by William J.

Fleischli (previously prefiled testimony) (P.C. 2)

12/23/1996

Comments of Gardner, Carton and Douglas (P.C. 4) (GCD)

12/23/1996

Comments of the Illinois Petroleum Council submitted by David Rieser,

Ross & Hardies (P.C. 5) (IPC)

In addition, Mr. Michael Rapps testified on behalf of the Illinois Petroleum Marketers

Association and Mr. Peter Gates testified on behalf of the Illinois Petroleum Council.

Based on the comments and testimony in this record there were five issues which the

Board resolved before adopting this rule. Those issues were:

1)

The definition of stratigraphic unit and how testing is done within a

stratigraphic unit.

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2)

Whether a non-water bearing unit should have the “yield” calculated.

3)

What standards are necessary to void a “No Further Remediation” letter

under Section 732.704(a)(4).

4)

Whether an applicant can resubmit a request for a “No Further

Remediation” letter which is denied by operation of law and whether the

provisions for “90-day extensions” of Section 40 of the Act apply.

5)

As the proposal extensively cross-references proposed 35 Ill. Adm. Code

742, how should the Board proceed to meet the statutory deadlines

adopted in P.A. 89-457.

1) The definition of stratigraphic unit and how testing is done within a stratigraphic unit.

The Board received post-hearing comments from Illinois Petroleum Council (IPC),

Gardner, Carton and Douglas (GCD) and the Illinois Environmental Protection Agency

(Agency) concerning the definition of “stratigraphic unit” and the testing of stratigraphic units

as set forth in Section 732.307(d)(2). At the December 9, 1996 hearing Michael Rapps of

Rapps Engineering, on behalf of the Illinois Petroleum Marketers Association, testified

concerning the proposed definition of “stratigraphic unit” and the required testing.

Additionally, Mr. Gates, on behalf of IPC, also testified concerning this issue.

Initially, the Board noted that in Section 732.307(c)(2), Method One for

Physical Soil Classification, the Agency proposed the same language as in Section

732.307(d)(2), Method Two for Physical Soil Classification. None of the public

comments addressed the language contained in Section 732.307(c)(2) which is identical

to Section 732.307(d)(2) and states: “The following tests shall be performed on a

representative sample of each stratigraphic unit encountered at the site.”

Since the language of the two sections are identical and both sections set forth physical

soil classifications, the Board found that the language of the two sections should be consistent.

The Board also found that the same reasoning and arguments relating to Section 732.307(d)(2)

hold true for Section 732.307(c)(2). Therefore any changes made to Section 732.307(d)(2)

should also be made in Section 732.307(c)(2).

Mr. Michael Rapps, Testimony on behalf of Illinois Petroleum Marketers Association. In

summary, Mr. Rapps’ testimony concerning the proposed definition of “stratigraphic unit”

was that the Agency should not re-define or identify stratigraphic units because the Handbook

of Illinois Stratigraphy, Bulletin Number 95, (1975) from the Illinois State Geological Survey

(ISGS Bulletin 95) has already defined and identified all the stratigraphic units in the State.

(See Exhibit 8 and Tr. 2 at 74, 82, 86 and 98.) Mr. Rapps proposed that the Board adopt the

following definition of “stratigraphic unit”:

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“Stratigraphic Unit” means a regionally-extensive interval of native-deposited

material that has been formally named by the Illinois State Geological Survey

(ISGS) in ISGS Bulletin 95, “Handbook of Illinois Stratigraphy” (1975).

(Exhibit 8.)

Mr. Rapps’ second point concerning this issue is that the assertion that the sampling

requirement of each stratigraphic unit as set forth in Section 732.307(d)(2) is not necessary.

(See Exhibit #8, Tr. 2 at 70.) Mr. Rapps argued that the Agency is only concerned with those

stratigraphic units which are most conducive to the transport of contaminants off-site. (Exhibit

8.) Therefore, Mr. Rapps concludes, testing every stratigraphic unit is not necessary.

(Exhibit 8.) Mr. Rapps proposes the following language for Section 732.307(d)(2):

The following tests shall be performed on a sample of each stratigraphic unit at

the site which exhibits physical features that are the most conducive to migration

of petroleum contaminants.

(Exhibit 8.)

Mr. Peter Gates, Testimony on behalf of the Illinois Petroleum Council. Mr. Gates’ testimony

focused on the application of the definition of “stratigraphic unit” through Section

732.307(d)(2). (Tr. 2 at 104.) Mr. Gates believes that the implementation of Section

732.307(d)(2) will generate unnecessary sampling, which the Agency acknowledged at the first

hearing. The Agency agreed to limit the sampling to those units which are most conducive to

contaminant migration. (Tr. 2 at 104.) Mr. Gates testified further that the Agency was

considering issues such as visible particle size, geological classification, continuity, and the

size of the unit in determining which units must be included in the physical sampling program.

(Tr. 2 at 104.) Mr. Gates states that the Agency’s decision not to base the need for sampling

on these criteria takes the judgment away from the on-site professionals. (Tr. 2 at 104.) Mr.

Gates did not propose any alternative language in either his pre-filed testimony or testimony at

hearing.

Gardner Carton & Douglas (GCD)(P.C. 4) comments re: Stratigraphic unit. GCD is troubled

by the definition of "stratigraphic unit" in Section 732.103. GCD is concerned that the

definition is too broad and as a result Section 732.307(d)(2) would require that many different

layers, regardless of significance, be evaluated for certain physical characteristics. GCD states

that "[w]ithout some limitation as to the thickness, extent or permeability of a unit, parties

proceeding under the program will be subject to an ambiguous and potentially overbroad

stratigraphic unit sampling requirement that will lead to confusion, misapplication and

excessive and unnecessary sampling and analysis.” (P.C. 4 at 4.) GCD asserts that "[t]he

physical identification of soil at a site often includes information from a variety of sources,

such as existing and published information about site geology, observations during drilling and

sampling, as well as the visual identification of the soil following standard ASTM

methodology.” (P.C. 4 at 4.) Furthermore, GCD contends that the information used to

identify the physical soil is used by the engineers and geologists to make an informed and

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reliable opinion as to the potential for a particular unit to transmit contamination off-site.

(P.C. 4 at 5.)

GCD proposes the following language for Section 732.307(d)(2) to address its

concerns:

The following tests shall be performed on a representative sample of each

stratigraphic unit encountered in the native soil boring at a site that, in the

opinion of the Licensed Professional Engineer based on a visual identification,

other field data and available information about site geology, has the potential to

transmit contamination off-site. (P.C. 4 at 5.)

Alternatively, GCD requests that the definition of "stratigraphic unit" be modified to include

qualifications as to the thickness, extent and permeability of geologic material when

determining what is a stratigraphic unit. (P.C. 4 at 5-6.)

Comments of the Illinois Petroleum Council (P.C. 5) (IPC) re: Stratigraphic unit. IPC shares

the concerns of GCD that the proposed definition of "stratigraphic unit" would "identify as a

new unit, each change in color or texture, no matter how slight or inconsequential.” (P.C. 5

at 3.) IPC asserts that in using this definition of stratigraphic unit, Section 732.307(d) would

require testing for each unit even if the differences were irrelevant to contaminant transport.

(P.C. 5 at 3.) IPC argues that to require such testing would provide useless information,

waste both private and public resources, and be "inconsistent with the intent of the regulation

which is to determine whether the entire 15 foot unit below the invert of the tank meets the

properties of a Class I aquifer.” (P.C. 5 at 3.)

IPC states that it proposed a more limited approach at hearing which limits the physical

testing to those units determined in the field to be more conducive to contaminant transport

using the information derived from the field evaluation of the boring. (P.C. 5 at 3.) IPC

maintains, citing to the testimony of Mr. Rapps, that the activities of preparing the boring log

requires both a visual and manual analysis of the soil in order to fit the soil into the Unified

Soil Classification System as required by the regulations. (P.C. 5 at 3.) IPC requests that the

Board not ignore the importance of the judgment of the professional engineer (P.E.), the

Board provided that the P.E.'s judgment is presumed correct in the identification of natural

and manmade pathways. (P.C. 5 at 3.)

IPC agrees with the Agency that additional factors besides visual observation can and

should be considered in making a determination of the soil's potential ability to transport

contaminants and proposes the following language to be added to Section 732.307(d)(2) to

address its concerns:

The following tests shall be performed on a representative sample of each of the

stratigraphic units encountered in the native soil boring which are most

conducive to transporting contaminants from the source based on site factors

including but not limited to visual and tactile observations, the classification of

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the soil, any prior evaluation of the site Stratigraphy, the volume of the release

and the size or extent of the unit. (P.C. 5 at 4.)

Agency Comments/Testimony (P.C. 3) re: Stratigraphic unit. The Agency contends that the

definition of stratigraphic unit should remain as proposed. The Agency argues that its

definition is "strongly supported in the record and is the only one that will assure that the units

most conducive to contaminant transport will be evaluated.” (P.C. 3 at 4.) The Agency states

that "[w]ithout the detail set forth in its definition it would be difficult, if not impossible, to

determine, especially visually, which stratigraphic units at the site exhibit physical features that

are most conducive to transportation of contaminants.” (P.C. 3 at 4.)

In response to Mr. Rapps’ testimony concerning the definition of "stratigraphic unit"

and the use of the ISGS Bulletin 95 to replace the proposed definition, the Agency lists three

reasons not to use the ISGS Bulletin 95. (P.C. 3 at 4.) The first reason is that the Agency is

concerned that the ISGS Bulletin 95 may not be accurate because it was written over 20 years

ago and therefore site-specific conditions may not be accurate. (P.C. 3 at 4.) Next, the

Agency argues that the ISGS Bulletin 95 does not actually define “stratigraphic unit” but offers

a compilation of descriptions of various stratigraphic units around the State. (P.C. 3 at 4.)

Finally the Agency states that Mr. Rapps even admitted that in places the ISGS Bulletin 95's

description of stratigraphic units is not quite accurate. (P.C. 3 at 4.)

The Agency states that"[i]n order to effectively evaluate the variability within geologic

material located at a site, geotechnical testing must be conducted on each stratigraphic unit to

confirm what is actually located at the site.” (P.C. 3 at 4.) At hearing Mr. Clay testified

about the Agency's concerns with visual observation as a means of determining the potential

ability of the soil to transport contamination. (See pages Tr. 2 at 13-17.) Mr. Clay stated the

following:

The Agency, as we stated in the last hearing, does believe that the unit that

we're most concerned with is the one that is most conductive for transporting

contaminants. However, we do not believe that this can be determined visually.

We've had a number of situations where an engineer or geologist when doing

the soil boring has identified a unit as a certain -- by a certain classification,

such as a clayey silt, and when they actually do the physical testing of that unit,

it's something much different. So we do not believe that you can determine

visually -- without doing the physical soil testing that's required, we don't

believe you can determine what unit is going to be the most conductive.

(Tr. 2 at 13.)

The Agency was questioned as to whether it had an issue with the visual part of the

determination, or with allowing the licensed professional engineer to make field determinations

of any sort with respect to which stratigraphic units they believe are the most conducive to

transporting materials off the site. Mr. Clay stated that he did not believe that the Agency

intends to preclude a geologist or an engineer from making any field judgments. Instead, Mr.

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Clay testified that the Agency is concerned when judgments are made that the Agency doesn't

agree with or concur with, which will require additional sampling, testing, and expense, rather

than testing each stratigraphic unit initially. Mr. Clay also stated that typically the Agency has

seen two or three stratigraphic units per Method Two evaluation. Moreover, Mr. Clay

testified that sometimes someone will classify or identify one unit visually and subsequently

find it to be something completely different once a particle size analysis is conducted. (Tr. 2

at 14-15.)

In response to the assertions that the definition of "stratigraphic unit" in Section

732.103 coupled with the testing requirement of Section 732.307(d)(2) will be overly

burdensome and expensive, the Agency cites to the testimony of Mr. Clay: "the tests that are

required are fairly inexpensive, in the range of five hundred dollars for the entire testing per

stratigraphic unit, and we typically see two to three stratigraphic units for a Method Two

classification.” (P.C. 3 at 4.) The Agency concludes that it "does not believe that the

proposal is an unduly burdensome requirement on owners or operators; rather, it helps ensure

that human health will be protected from migration of contaminants through highly permeable

units.” (P.C. 3 at 4.)

Board Discussion of Definition of Stratigraphic Unit. The Board found that the definition of

“stratigraphic unit” as proposed by the Agency was appropriate for these regulations and

therefore the Board did not adopt Mr. Rapps’ suggested changes. A stratigraphic unit is no

more than a body of earth materials lumped together for some purpose. There are many ways

in which earth materials may be grouped or lumped, and hence the number of potential

stratigraphic units that can be defined is large. There are, for example, stratigraphic units that

are based on time of formation, others on lithologic identity, others on fossil content, and still

others on mode of formation or physiographic expression. None of these bases are relevant

for the purposes of these regulations; however, they are all appropriate definitions depending

on their intended use.

Most of the critical stratigraphic units defined in ISGS Bulletin 95 lump materials of

different physical characteristics. This requirement of the ISGS Bulletin 95 is the basis for the

same reason why the ISGS and Mr. Berg have problems using the Berg Circular for site-

specific information. The stratigraphic units described in the Berg Circular were defined or

categorized for other purposes and at other scales than the information necessary for the

determinations that need to be made in these regulations. In making determinations pursuant

to these regulations site-specific information is necessary which is why physical soil

classification is necessary. Therefore, although there are multitudes of identified stratigraphic

units, that does not mean that the use of the adopted definition is inappropriate or scientifically

invalid. The Agency’s definition of “stratigraphic unit” is appropriate for its intended use in

these regulations which necessitates site-specific information on a smaller scale than in most

identified stratigraphic units.

Furthermore, the Board agreed with the Agency that in order to identify the possible

contaminant pathways each change in the geological material must be identified in the soil

boring. The record in this proceeding (R97-10) and the last proceeding (R94-2) concerning

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UST regulations makes it evident that, in order to insure human health and protection of the

environment, the information must be obtained to identify the appropriate site classification

based on local geology. As Mr. Clay testified the definition is necessary for the purpose of

interpreting the geological material on-site and for physical soil property testing. (Prefiled

Test. at 4.) Evaluation of the geological material is necessary in order to insure if conditions

exists that would allow for transportation of contaminants off-site. (Prefiled Test. at 4-9.)

Therefore it is necessary to differentiate each change in geological material, and it is

appropriate to identify each successive change as a stratigraphic unit. Finally, the Board also

agrees with the arguments set forth by the Agency concerning the accuracy and intended

purposes of the ISGS Bulletin 95 as compared to the site-specific information that is needed in

these regulations.

Board Discussion of Sections 732.307(c)(2) and (d)(2). Although the Board found that the

Agency’s proposed definition of “stratigraphic unit” is appropriate for the purposes of these

regulations, the Board further found that Section 732.307(c)(2) and (d)(2) should not be

interpreted to mean that each stratigraphic unit must be sampled. The Board was persuaded by

the statements and arguments put forth by the public commentators. Additionally, the Board

also found persuasive the Agency’s statement that it is concerned with the most permeable

stratigraphic units. (Tr. 1 at 26, P.C. 3 at 4.)

Furthermore, the Board found it appropriate to allow the Licensed Professional

Engineer to determine which stratigraphic unit is most representative and which poses the most

significant threat for transportation of contaminants off-site. As testified to by Mr. Rapps and

as noted in IPC’s public comments, the Licensed Professional Engineer has been given the

responsibility to make certain determinations at the site in these rules. (Tr. 2 at 87, P.C. 5 at

4.) For example, Section 732.307(g)(3) creates a presumption that the Licensed Professional

Engineer is correct in making determinations concerning natural or manmade pathways which

may allow the migration of contaminants that may threaten human health or safety or cause

explosions.

As discussed previously, Sections 732.307(c)(2) and (d)(2) provide that specified tests

shall be performed on a representative sample of each stratigraphic unit encountered in the

native soil boring. IPC proposed the following language:

The following tests shall be performed on a representative sample of each of the

stratigraphic units encountered in the native soil boring which are most

conducive to transporting contaminants from the source based on site factors

including but not limited to visual and tactile observations, the classification of

the soil, any prior evaluation of the site stratigraphy, the volume of the release

and the size or extent of the unit.

The Board found that additional changes were necessary to allow for the Licensed Professional

Engineer to make the determination as to which stratigraphic units will be tested and provide

the Agency with the reasoning why those units were chosen and why the other identified units

were not. Thus Sections 732.307(c)(2) and (d)(2) as adopted will read:

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11

The following tests shall be performed on a representative sample of each of the

stratigraphic units encountered in the native soil boring which has been

determined most conducive to transporting contaminants from the source based

on site factors including but not limited to visual and tactile observations, the

classification of the soil, any prior evaluation of the site stratigraphy, the

volume of the release, the size or extent of the unit, and the requirements of

ASTM D 2488-93, Standard Practice for Description and Identification of Soils

(Visual-Manual Procedure), approved September 15, 1993:

Any concerns raised by the Agency concerning the visual determination have been addressed

by these additions in the adopted rule. The addition of the ASTM Visual-Manual Procedure,

which is to be used when making the determination to test a particular stratigraphic unit,

provides the Licensed Professional Engineer and the Agency criteria to make a determination

concerning the physical soil classification and as to which stratigraphic unit needs further

testing.

Additionally the reasoning behind the Licensed Professional Engineer’s decision will be

included in the soil boring log submittal. The Board added a new section to Section

732.308(a)(2) that will state “[t]he reasoning behind the Licensed Professional Engineer’s

decision to perform or not perform soil testing pursuant to Sections 732.307(c)(2) and (d)(2) of

this Part as to each identified stratigraphic unit.” Therefore each identified stratigraphic unit

will either be tested or the certifying Licensed Professional Engineer will have stated the

reasons why a particular stratigraphic unit will not be tested. This additional provision will

give the Agency a record on which the Agency may base its review of the Licensed

Professional Engineer's determination. The new language also helps to develop a record for

appeal to the Board.

2) Whether a non-water bearing unit should have the “yield” calculated.

Sections 732.307(d)(2) and (3) direct the owner/operator to calculate both the yield of

the geologic material and the hydraulic conductivity of the stratigraphic units at the site, even

if there is no water-bearing strata found in a boring. Mr. Clay stated, at the first hearing, that

hydraulic conductivity needs to be calculated for a non-water-bearing unit because the unit still

provides an avenue for contaminants. (Tr. 1 at 66.) Mr. Clay further testified that a yield

value calculation is not beneficial unless there are seasonal fluctuations in the groundwater.

(Tr. 1 at 67.) At the second hearing and in its final comments, the Agency asserted that both

calculations remain important even if there is no water-bearing strata in a boring because

seasonal fluctuations of groundwater elevations may result in water accumulation in a

stratigraphic unit. (Tr. 2 at 19-20.)

In its final comments, the Agency stated that calculating both the yield and the

hydraulic conductivity remain significant tests, even if there is no water-bearing strata in a

boring, because an owner/operator “must consider seasonal fluctuation of groundwater

elevations.” (P.C. 3 at 5.) In addition, the Agency argued that determining the yield of

---

12

geologic material is a “very simple calculation.” (

Id

.) Therefore, the Agency contends,

determining yield and hydraulic conductivity remain important parts of the site classification

process and these requirements should not be changed. (

Id

.)

In its post-hearing comments, the IPC questioned the requirements of Section

732.307(d)(2) and (3) regarding testing for yield and hydraulic conductivity. IPC questioned

whether or not a soil stratum subject to seasonal fluctuations would be capable of supporting a

potable water use, and thus be classified as a Class I groundwater under the Part 620

regulations (35 Ill. Adm. Code 620), from which the section at issue derives its testing

requirements. (P.C. 5 at 5.) IPC argues that the regulation requires a “sustained” yield; that

is, an amount of water sufficient to support a household unit. (

Id

,

citing to

In the Matter of

Groundwater Quality Standards, (November 7, 1991) R89-14(B) at 10, footnote 11.) IPC

further argues that “a unit which is seasonably dry cannot continually produce a ‘yield’ such

that it should be considered a Class I groundwater under Part 620” of the Board’s regulations.

(

Id

.) IPC also pointed to Mr. Rapps’ testimony in which he noted that the Agency’s suggested

equations to calculate yield do not apply to non-saturated soils. (

Id

, Tr. 2 at 91.)

Board Discussion concerning yield calculation. The Agency and the IPC disagree regarding

the requirement in Section 732.307(d)(2) and (3) which requires that both yield and hydraulic

conductivity be calculated even if there is no water bearing strata in a boring. The Agency

states that once the yield has been determined site-specifically, the hydraulic conductivity can

be calculated easily or once the hydraulic conductivity is determined, the yield can be readily

calculated. The Agency further states that even if there are no water bearing units, there may

be seasonal fluctuations in the water table. (Tr. 2 at 16-17.) IPC, on the other hand, believes

that yield should not be calculated if there are no water bearing strata present in a boring. IPC

further questions whether a soil stratum subject to seasonal fluctuations would be capable of

supporting a potable water use and thus classified consistent with Class I groundwater. (P.C.

5 at 5)

It appears that once either hydraulic conductivity or yield is known, calculating the

other one is a trivial matter. Further, it would be far more economical to calculate either yield

from hydraulic conductivity or vice versa than to determine if there exist seasonal fluctuation

of a water table. The Board agreed with the Agency that determining yield and hydraulic

conductivity of the geologic material at the site is an important part of the site classification.

3) What standards are necessary to void a “No Further Remediation” letter under Section

732.704(a)(4).

Section 732.704(a)(4) allows the Agency to void a “No Further Remediation” letter

(NFR) upon the subsequent discovery of contaminants, not identified as part of the

investigative or remedial activities upon which the NFR was based, that pose a threat to human

health or the environment. The Agency indicates that it believes the main concern regarding

this issues seemed to be that the language, as proposed, was overbroad and would entitle the

Agency to void a letter if any unidentified contaminants from an unidentified source appeared

sometime after the issuance of the NFR letter. (P.C. 3 at 5.) The Agency agrees that it

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13

should be clear that NFR letters issued to “No Further Action” or “Low Priority” sites that are

finished with remediation based on statutory criteria should not be voided unless there is

evidence of groundwater exceedences under Section 732.302(b). (

Id.

) The Agency also

agrees that an NFR letter should not be voided merely based on subsequent discovery of

contaminants that were not related to the initial occurrence. (

Id.

) However, the Agency

believes that with its proposed language in ERRATA Sheet Number 2 to Section 732.704(a)(4)

that this issue has been resolved. (P.C. 3 at 5-6.) The Agency would not void an NFR letter

simply because soil sampling shows a contaminant level above the Tier 1 numbers set forth in

35 Ill. Adm. Code 742. (P.C. 3 at 6.) The Agency would also look at whether the

contaminant is related to the initial occurrence and whether groundwater is being

contaminated, as well as identifying potential receptors, potential migration pathways, the

history of the site, the geology of the site, and land use. (

Id

.) An analysis of these elements

will provide adequate protection to both the rights of the recipient of the NFR letter and to the

public. (

Id

.) The Agency would certainly not agree that it is appropriate to delete the entire

section. (

Id

.)

In its comment, GCD expressed concern that even with the change suggested in

ERRATA sheet number 2 by the Agency, the language is too general. (P.C. 4 at 11.)

Specifically, GCD is concerned that the Agency has not clarified what circumstances constitute

a “threat to human health or the environment.” (P.C. 4 at 11.) GCD maintains that the

language could lead to arguments that “levels of indicator compounds in soil above the Part

742 [R97-12] standard justify voiding a NFR letter, even at a NFA [No Further Action] or a

Low Priority LUST site.” (P.C. 4 at 11.) However, contaminant concentrations in soil are

not a basis for a NFR letter at No Further Action or Low Priority LUST sites. (P.C. 4 at 9.)

Therefore, GCD argues that contaminant levels in soil are inappropriate to apply as the criteria

for voidance of a NFR letter at these sites. (P. C. 4 at 11.)

GCD suggests that the language in Section 732.704(a)(4) be amended to read:

Subsequent discovery of indicator contaminants related to the occurrence upon

which the “No Further Remediation” letter was based which: (i) were not

identified as part of the investigative or remedial activities upon which the

issuance of the "No Further Remediation” letter was based; (ii) results in the

site no longer satisfying the criteria of a No Further Action or Low Priority site

classification or exceeds the remedial objectives established for High Priority

sites; and (iii) pose a threat to human health or the environment; or

(P.C. 4 at 12.)

GCD maintains that this change will only allow for the voidance of NFR letters in instances

where the criteria upon which the NFR determination was based no longer exists. (P.C. 4 at

12.) GCD also maintains that this amendment “aligns the provision with the legislative intent”

of the Act which has criteria for the issuance of NFR letters based on geology and the risk to

groundwater at the site. (

Id

.)

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14

IPC expressed concern that the language of Section 732.704(a)(4) is so broad that it

might serve as a basis to void NFR letters for sites which met all of the statutory criteria but

did not meet levels under Part 742 (R97-12). (P.C. 5 at 6.) IPC argues that such a provision

would be contrary to the statutory intent of the Act and might call into question previously

issued NFR letters. (

Id.

) IPC believes that the language proposed in ERRATA sheet 2 by the

Agency is still too vague as it is not clear what is meant by “related to the occurrence” or

“which were not identified.” (P.C. 5 at 7.)

IPC suggested that the section be deleted. (P. C. 5 at 7.) IPC maintains that the only

“conceivable statutory allowance” for reopening a site based on discovery of new contaminates

is the consideration of groundwater. (P.C. 5 at 7-8.) IPC suggests the following language:

Subsequent discovery of indicator contaminants in groundwater from a release

for which the NFR letter was issued at such sites and in such levels as would

require the site to be reclassified as High Priority pursuant to Section

732.302(b).

(P.C. 5 at 8.)

Board Discussion on NFR voidance. The comments and testimony regarding this issue were

extensive. However, the Board decided that the participants and the Agency agreed on what

the language of Section 732.704(a)(4) should mean and the only issue was whether the

language was clear. All participants agreed that the NFR letter should not be voided at No

Further Action or Low Priority sites that are finished with remediation based on statutory

criteria unless there is evidence of groundwater exceedences. (P.C. 3 at 5; P.C. 4 at 12 and

P.C. 5 at 7-8.) Thus, the Board looked to determine whether the language of the proposal

reflected that intent.

The Board shared the concerns expressed by the commentors that the language in

Section 732.704(a)(4) should not be read so broadly as to defeat the statutory intent of the Act.

As written in ERRATA sheet number 2, Section 732.704(a)(4) is still ambiguous in this

regard. The Board found that the addition of the language proposed by GCD would make

clear the intent of the rule and while maintaining the Agency’s ability to appropriately void

NFR letters. In this regard the Board noted that the amendment to Section 732.704(a)(4) is

not meant to place an additional burden on the Agency, but intended to clarify the

circumstances under which the Agency must determine whether a threat to human health or

environment exists. The Board realizes that depending upon site-specific conditions a showing

that a site no longer meets the classification criteria for a No Further Action or Low Priority

site in itself may demonstrate that a threat to human health or environment exists. For

example, for No Further Action sites at which new information demonstrates noncompliance

with Section 732.302(b), that information would also demonstrate a threat to human health or

environment.

 

Therefore, the Board amended Section 732.704(a)(4) to include:

Subsequent discovery of indicator contaminants related to the occurrence upon

which the “No Further Remediation” letter was based which:

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15

A) were not identified as part of the investigative or remedial activities upon

which the issuance of the "No Further Remediation” letter was based;

B) results in the following:

i) the site no longer satisfying the criteria of a No Further Action site

classification.

ii) the site no longer satisfying the criteria of a Low Priority site

classification.

iii) failing to meet the remedial objectives established for a High Priority

site; and

C) pose a threat to human health or the environment;

4) Whether an applicant can resubmit a request for a “No Further Remediation” letter which

is denied by operation of law and whether the provisions for “90-day extensions” of Section

40 of the Act apply.

The second issue raised by GCD is whether a request for an NFR letter which is denied

pursuant to Section 732.701(c) may be resubmitted or is subject to the provisions of Section 40

of the Act regarding 90-day extensions prior to an appeal to the Board. At hearing the Agency

was questioned regarding denials by operation of law pursuant to Section 732.503(b). (Tr. 1

at 106.) In response to these questions the Agency proposed, in ERRATA sheet 2, to amend

Section 732.503(f) to state:

If any plan or report is rejected by operation of law, in lieu of appealing to the

Board the owner or operator may either resubmit the plan or report to the

Agency or request a 90 day extension in the manner provided for extensions of

permit decision in Section 40 of the Act.

(Tr. 1 at 113; P.C. 4 at 6.)

GCD points out that the language in subsections 732.503(b) and 732.701(b) provide for denial

of the request if the Agency does not act within a certain timeframe. The denial in either

subsection is based on time expiration, not the merits of the request. The Board agreed that

the language of the two subsections is similar and that the subsections should be consistent.

However, the Board found that additional clarification was necessary as to what steps may be

taken if a request is denied by operation of law. The three steps as enunciated in this

proceeding are that: the applicant may resubmit the request; the applicant may file an

immediate appeal with the Board; or the applicant and the Agency may file a joint 90 day

extension request. Therefore, the Board added the following language to Section 732.701(c)

and Section 732.503(f):

If any request for a “No Further Remediation” letter is denied by operation of

law, in lieu of an immediate appeal to the Board the owner or operator may

either resubmit the request and applicable report to the Agency or file a joint

request for a 90 day extension in the manner provided for extensions of permit

decision in Section 40 of the Act.

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16

5) As the proposal extensively cross-references proposed 35 Ill. Adm. Code 742, how should

the Board proceed to meet the statutory deadlines adopted in P.A. 89-457.

Pursuant to P.A. 89-457, these regulations must be adopted on or before March 15,

1997. The regulations proposed in R97-12, which are extensively referenced in this proposal,

are not yet adopted and most likely will not be adopted until June of 1997. Because of the

separate adoption dates, the Board at the pre-hearing conference and again at hearing asked the

participants to discuss options to address this potential inconsistency. (Tr. 1 at 133.) In

response, Mr. King indicated that absent a legislative change, the Agency favors delaying the

effective date of these rules until a date certain by which the R97-12 proposal could also be

adopted. (Tr. 1 at 136-137.) Mr. David Rieser, on behalf of the Illinois Petroleum Council

stated that he would agree with Mr. King. (Tr. 1 at 137.)

The provisions of Section 57.14(e) as amended by P.A. 89-457 require that the Board

“shall adopt” the rules pursuant to Sections 27 and 28 of the Act within six months of the

receipt of the Agency’s proposal. Therefore, the Board must adopt the regulations on or

before March 15, 1997. Under the provisions of the Illinois Administrative Procedure Act (5

ILCS 1-/1-100

et seq

. (APA)) a rule is effective upon filing with the Secretary of State, unless

a “later effective date is required by statute or is specified in the rulemaking.” (Section 5-

40(d) of the APA.) Thus, the Board may adopt the regulation but delay the effective date of

the rule until a later date as specified in the rulemaking.

Due to the extensive cross-referencing of the regulations proposed in R97-12, the Board

will delay the effective date of these regulations. If these regulations were adopted with an

immediate effective date, portions of the rule would have no meaning as the corresponding

provisions of Part 742 are not yet adopted. The Board could not delay these proceedings

because of the requirements of Section 57.14(e) of the Act. Therefore, an effective date of

July 1, 1997 will be included in the filing of this rule with the Secretary of State for final

adoption. The Board anticipates that the proposed Part 742 regulation will be effective by that

date.

GENERAL COMMENTS

Comments of Browning-Ferris Industries by William R. Uffeleman, Divisional Vice President,

Government Affairs (P.C. #1) (BFI).

BFI comments that it believes Sections 732.606 (hh) and (ii) should either be clarified

or deleted. BFI argues that because the term “reasonable” is not defined and the provisions

will lead to “confusion, inconsistent interpretations and determinations.” (P.C. 1 at 1.) In

support of its position, BFI cites extensive case law which has found that vague laws are

unconstitutional.

The Board does not believe further clarification of Section 732.606(hh) and (ii) is

necessary. The language of those two subsections provide that “unreasonable” costs as a part

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17

of a budget plan or incurred during early action are ineligible. The Board has found in a series

of cases what constitutes reasonable costs. (See, Woodstock/Northern FS v. IEPA, PCB 94-

258 (May 18, 1995); Shell Oil Company v. IEPA, PCB 92-154 (June 3, 1993); Smith Oil

Company of Kankakee v. IEPA, PCB 91-243 (April 22, 1993).) Therefore, the Board sees no

need to further clarify the language of Section 732.606 (hh) and (ii).

Comments on behalf of the Illinois Petroleum Marketers Association and Illinois Association

of Convenience Stores submitted by William J. Fleischli (previously prefiled testimony) (P.C.

#2).

Mr. Fleishli’s comments prefaced the pre-filed testimony of Mr. Rapps.

Illinois Environmental Protection Agency Final Comment (P.C. 3.).

The Agency states in its final comment that it believes that it has produced a viable

proposal, well-supported by the testimony and that the proposal satisfies the amendments

required by Section 57.14(e) of the Act. (P.C. 3 at 2.) Furthermore, the Agency contends

that the proposal is environmentally protective, economically reasonable, and technically

feasible. (

Id

.) The incorporation of the Tiered Approach to Clean Up Objectives (R97-12) as

part of this proposal makes it that much more palatable to both regulators and the regulated

community alike, according to the Agency. (

Id

.)

The Agency asserts that the proposal satisfies the required amendments under Title XVI

as well as incorporating new amendments that were authorized, although not required, by Title

XVI. (P.C. 3 at 2-3.) For instance, Section 57.7(b)(6) authorizes the Board to adopt a new

physical soil classification methodology as an alternative to the statutory Berg method. In

Section 732.312, the Agency maintains it has proposed an innovative, yet viable, approach to

classify a site by exposure route exclusion. (P.C. 3 at 3.) If every potential exposure route

(ingestion of soil, inhalation, and ingestion of groundwater) can be excluded pursuant to the

applicable requirements, then the site is considered to be “No Further Action”, and a “No

Further Remediation” letter will be issued. (

Id.

) Conversely, if a pathway cannot be

excluded, the site is considered to be “High Priority”, and the owner or operator must address

those elements and pathways that caused the site to be classified as “High Priority.” (

Id.

)

The Agency also provided a list of appeal points under the proposed Part 732

regulations. The following is a list of provisions wherein the Agency’s decision may be

appealed to the Board pursuant to the amendments the Board is adopting in this opinion and

order:

Section 732.202(g)

RE: Agency approval of special circumstances warranting

continuing corrective action beyond 45 days after

confirmation of a release.

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18

Section 732.202(g)

RE: Agency determination whether costs incurred beyond

45 days after release confirmation are eligible for

reimbursement.

Section 732.302(b)

RE: Agency reclassification of site as “High Priority” if

groundwater investigation confirms exceedence of

applicable indicator contaminant objectives.

Section 732.307(j)(6)(C)

RE: Agency rejection of a site-specific evaluation to

demonstrate that a groundwater investigation should not

be required.

Section 732.312(j)

RE: Agency approval, rejection or requirement of

modification of any plan or report submitted pursuant to

Section 732.312.

Section 732.312(l)

RE: Agency approval, rejection or requirement of

modification of an amended site classification plan or

associated budget plan.

Section 732.608(b)

RE: Agency determination of which method of

apportionment of costs will be most favorable to the

owner or operator.

Section 732.701(c)

RE: Agency denial of a “No Further Remediation”

letter.

Section 732.704(b,c)

RE: Agency action to void a previously issued “No

Further Remediation” letter.

Section 732.307(j)(3)

RE: Agency approval of request to place groundwater

monitoring well further from the property boundary or

UST system. However, this may be part of a plan, which

would already be an appeal point under the previous rules.

Section 732.404(b)(4)

Agency approval of the sufficiency of an engineered

barrier relied upon to achieve compliance with

remediation objectives.

CONCLUSION

In general the proposal as submitted to the Board has been agreed to by all participants.

The Board found that the proposal is economically reasonable and technically feasible. The

Board also found that the Agency has generally supported the proposal and the proposal

warrants approval for final notice. At second notice the Board proceeded with the proposal as

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19

published at first notice with very few changes. During the second notice period, the Board

agreed to make non-substantive changes suggested by JCAR.

The Board today adopts a rule which will implement changes adopted by the General

Assembly in P.A. 89-457 and which insures consistency between the leaking underground

storage tank program in Illinois and the federal program. The Board’s rule includes general

changes throughout Part 732 including adopting references to Part 742 for use in developing

remedial objectives. In addition the Board has added a new definition for “stratigraphic unit”

and provisions for testing to be done on a stratigraphic units as well as requiring a Licensed

Professional Engineer to identify why testing need not be done on a stratigraphic unit.

Generally, timeframes for submission of reports and appeal periods have been clarified

throughout the Board’s rule. Alternative methods for soil testing and site classification have

been added along with clarifications on hydraulic conductivity and yield. The rule also

includes changes in groundwater monitoring including placement of wells and allowing

reclassification at any time prior to the submission of a “Low Priority” completion report.

The Board has also clarified the standards for when a “No Further Remediation Letter” may

be revoked. The rule includes clarification regarding payments and what constitutes reasonable

costs and early action. Finally, for the reasons stated in the opinion, these rules are given an

effective date of July 1, 1997.

ORDER

The Board directs the Clerk to cause the filing of the following adopted rule for Final

Notice and publication in the

Illinois Register

with the Secretary of State:

PART 732

PETROLEUM UNDERGROUND STORAGE TANKS

SUBPART A: GENERAL

732.100

Applicability

732.101

Election to Proceed under Part 732

732.102

Severability

732.103

Definitions

732.104

Incorporations by Reference

732.105

Agency Authority to Initiate Investigative, Preventive or Corrective Action

SUBPART B: EARLY ACTION

732.200

General

732.201

Agency Authority to Initiate

732.202

Early Action

732.203

Free Product Removal

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20

732.204

Application for Payment

SUBPART C: SITE EVALUATION AND CLASSIFICATION

732.300

General

732.301

Agency Authority to Initiate

732.302

"No Further Action" Sites

732.303

"Low Priority" Sites

732.304

“High Priority” Sites

732.305

Plan Submittal and Review

732.306

Deferred Site Classification; Priority List for Payment

732.307

Site Evaluation

732.308

Boring Logs and Sealing of Soil Borings and Groundwater Monitoring Wells

732.309

Site Classification Completion Report

732.310

Indicator Contaminants

732.311

Indicator Contaminant Groundwater Objectives

732.312

Classification by Exposure Pathway Exclusion

SUBPART D: CORRECTIVE ACTION

732.400

General

732.401

Agency Authority to Initiate

732.402

"No Further Action" Site

732.403

"Low Priority" Site

732.404

“High Priority” Site

732.405

Plan Submittal and Review

732.406

Deferred Corrective Action; Priority List for Payment

732.407

Alternative Technologies

732.408

Risk Based Remediation Objectives

732.409

Groundwater Monitoring and Corrective Action Completion Reports

732.410

“No Further Remediation” letter (Repealed)

SUBPART E: SELECTION AND REVIEW PROCEDURES FOR PLANS AND REPORTS

732.500

General

732.501

Submittal of Plans or Reports

732.502

Completeness Review

732.503

Full Review of Plans or Reports

732.504

Selection of Plans or Reports for Full Review

732.505

Standards for Review of Plans or Reports

SUBPART F: PAYMENT OR REIMBURSEMENT

732.600

General

732.601

Applications for Payment

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21

732.602

Review of Applications for Payment

732.603

Authorization for Payment; Priority List

732.604

Limitations on Total Payments

732.605

Eligible Costs

732.606

Ineligible Costs

732.607

Payment for Handling Charges

732.608

Apportionment of Costs

732.609

Subrogation of Rights

732.610

Indemnification

732.611

Costs Covered by Insurance, Agreement or Court Order

732.612

Determination and Collection of Excess Payments

SUBPART G: NO FURTHER REMEDIATION LETTERS

AND RECORDING REQUIREMENTS

732.700

General

732.701

Issuance of a No Further Remediation Letter

732.702

Contents of a No Further Remediation Letter

732.703

Duty to Record a No Further Remediation Letter

732.704

Voidance of a No Further Remediation Letter

732.Appendix A

Indicator Contaminants

732.Appendix B

Groundwater and Soil Remediation Objectives; Acceptable Detection

Limits (ADL) and Soil Remediation MethodologyAdditional Parameters

TABLE A

Groundwater and Soil Remediation Objectives (Repealed)

TABLE B

Soil remediation Methodology: Model Parameter Values (Repealed)

TABLE C

Soil remediation Methodology: Chemical Specific Parameters

(Repealed)

TABLE D

Soil remediation Methodology: Objectives

(Repealed)

732.ILLUSTRATION A

Equation for Groundwater Transport (Repealed)

732.ILLUSTRATION B

Equation for Soil-Groundwater Relationship (Repealed)

732.ILLUSTRATION C

Equation for Calculating Groundwater Objectives at the Source

(Repealed)

732.ILLUSTRATION D

Equation for Calculating Soil Objectives at the Source (Repealed)

732.Appendix C

Backfill Volumes

AUTHORITY: Implementing Sections 22.12 and 57 - 57.17 and authorized by Section 57.14

of the Environmental Protection Act [415 ILCS 5/22.12, 57 - 57.17 and 57.14] (see P.A. 88-

496, effective September 13, 1993).

SOURCE: Adopted in R94-2 at 18 Ill. Reg. 15008, effective September 23, 1994; amended

in R97-10 at 21 Ill. Reg. ______________, effective ______________________.

NOTE: Capitalization denotes statutory language.

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22

SUBPART A: GENERAL

Section 732.100

Applicability

a)

This Part applies to owners or operators of any underground storage tank system

used to contain petroleum and for which a release has been confirmed and

required to be reported to Illinois Emergency Management Agency (IEMA) on

or after September 23, 1994 in accordance with regulations adopted by the

Office of State Fire Marshal (OSFM). It does not apply to owners or operators

of sites for which the OSFM does not require a report to IEMA or for which the

OSFM has issued or intends to issue a certificate of removal or abandonment

pursuant to Section 57.5 of the Environmental Protection Act (Act) [415 ILCS

5/57.5]. Owners or operators of any underground storage tank system used to

contain petroleum and for which a release was reported to IEMA on or before

September 12, 1993, may elect to proceed in accordance with this Part pursuant

to Section 732.101.

b)

Upon the receipt of a corrective action order from the OSFM pursuant to

Section 57.5(g) of the Act, where the OSFM has determined that a release poses

a threat to human health or the environment, the owner or operator of any

underground storage tank system used to contain petroleum and taken out of

operation before January 2, 1974, or any underground storage tank system used

exclusively to store heating oil for consumptive use on the premises where

stored and which serves other than a farm or residential unit shall conduct

corrective action in accordance with this Part.

c)

Owners or operators subject to this Part by law or by election shall proceed

expeditiously to comply with all requirements of the Act and the regulations and

to obtain the "No Further Remediation” Lletter signifying final disposition of

the site for purposes of this Part. The Agency may use its authority pursuant to

the Act and Section 732.105 of this Part to expedite investigative, preventive or

corrective action by an owner or operator or to initiate such action.

d)

The following underground storage tank systems are excluded from the

requirements of this Part:

1)

Equipment or machinery that contains petroleum substances for

operational purposes such as hydraulic lift tanks and electrical equipment

tanks.

2)

Any underground storage tank system whose capacity is 110 gallons or

less.

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23

3)

Any underground storage tank system that contains a de minimis

concentration of petroleum substances.

4)

Any emergency spill or overfill containment underground storage tank

system that is expeditiously emptied after use.

5) Any wastewater treatment tank system that is part of a wastewater

treatment facility regulated under Section 402 or 307(b) of the Clean

Water Act (33 U.S.C. 1251

et seq

.(1972)).

6) Any UST system holding hazardous waste listed or identified under

Subtitle C of the Solid Waste Disposal Act (42 U.S.C. 3251

et seq

.) or a

mixture of such hazardous waste or other regulated substances.

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

Section 732.101

Election to Proceed under Part 732

a)

Owners or operators of any underground storage tank system used to contain

petroleum and for which a release was reported to the proper State authority on

or before September 12, 1993, may elect to proceed in accordance with this

Part by submitting to the Agency a written statement of such election signed by

the owner or operator. Such election shall be submitted on forms prescribed

and provided by the Agency. Corrective action shall then follow the

requirements of this Part. The election shall be effective upon receipt by the

Agency and shall not be withdrawn once made.

b)

Except as provided in Section 732.100(b) of this Part, owners or operators of

underground storage tanks (USTs) used exclusively to store heating oil for

consumptive use on the premises where stored and which serve other than a

farm or residential unit may elect to proceed in accordance with this Part by

submitting to the Agency a written statement of such election signed by the

owner or operator. Such election shall be submitted on forms prescribed and

provided by the Agency. Corrective action shall then follow the requirements

of this Part. The election shall be effective upon receipt by the Agency and

shall not be withdrawn once made.

c)

If the owner or operator elects to proceed pursuant to this Part, corrective action

costs incurred in connection with the release and prior to the notification of

election shall be payable or reimbursable in the same manner as was allowable

under the then existing law. Corrective action costs incurred after the

notification of election shall be payable or reimbursable in accordance with

Subparts E and F of this Part.

(Source: Amended at 21 Ill. Reg. _______, effective _____________)

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24

Section 732.103

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 ([415 ILCS 5]).

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

"Agency" means the Illinois Environmental Protection Agency.

"Alternative Technology" means a process or technique, other than conventional

technology, used to perform a corrective action with respect to soils

contaminated by releases of petroleum from an underground storage tank.

"Board" means the Illinois Pollution Control Board.

"BODILY INJURY" MEANS BODILY INJURY, SICKNESS, OR DISEASE

SUSTAINED BY A PERSON, INCLUDING DEATH AT ANY TIME,

RESULTING FROM A RELEASE OF PETROLEUM FROM AN

UNDERGROUND STORAGE TANK. (Section 57.2 of the Act)

"CLASS I GROUNDWATER" MEANS GROUNDWATER THAT MEETS

THE CLASS I: POTABLE RESOURCE GROUNDWATER CRITERIA SET

FORTH IN THE BOARD REGULATIONS ADOPTED PURSUANT TO THE

ILLINOIS GROUNDWATER PROTECTION ACT. (Section 57.2 of the Act)

"CLASS III GROUNDWATER" MEANS GROUNDWATER THAT MEETS

THE CLASS III: SPECIAL RESOURCE GROUNDWATER CRITERIA SET

FORTH IN THE BOARD REGULATIONS ADOPTED PURSUANT TO THE

ILLINOIS GROUNDWATER PROTECTION ACT. (Section 57.2 of the Act)

"Confirmed Exceedence" means laboratory verification of an exceedence of the

applicable groundwater quality standards or objectives.

"Confirmed Release" means a release of petroleum that has been confirmed in

accordance with regulations promulgated by the Office of the State Fire Marshal

at 41 Ill. Adm. Code 170.

"Conventional Technology" means a process or technique to perform a

corrective action by removal, transportation and disposal of soils contaminated

by a release of petroleum from an underground storage tank in accordance with

applicable laws and regulations, but without processing to remove petroleum

from the soils.

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25

"CORRECTIVE ACTION" MEANS ACTIVITIES ASSOCIATED WITH

COMPLIANCE WITH THE PROVISIONS OF SECTIONS 57.6 AND 57.7 of

the Act. (Section 57.2 of the Act).

"FILL MATERIAL" MEANS NON-NATIVE OR DISTURBED MATERIALS

USED TO BED AND BACKFILL AROUND AN UNDERGROUND

STORAGE TANK. (Section 57.2 of the Act)

"Free Product" means petroleum a contaminant that is present as a non-aqueous

phase liquid for chemicals whose melting point is less than 30° C (e.g., liquid

not dissolved in water)

"Full Accounting" means a compilation of documentation to establish,

substantiate and justify the nature and extent of the corrective action costs

incurred by an owner or operator.

"FUND" MEANS THE UNDERGROUND STORAGE TANK FUND.

(Section 57.2 of the Act)

"GROUNDWATER" MEANS UNDERGROUND WATER WHICH OCCURS

WITHIN THE SATURATED ZONE AND GEOLOGIC MATERIALS

WHERE THE FLUID PRESSURE IN THE PORE SPACE IS EQUAL TO OR

GREATER THAN ATMOSPHERIC PRESSURE. (Section 3.64 of the Act)

"Handling Charges" means administrative, insurance, and interest costs and a

reasonable profit for procurement, oversight, and payment of subcontracts and

field purchases.

"HEATING OIL" MEANS PETROLEUM THAT IS NO. 1, NO. 2, NO. 4 -

LIGHT, NO. 4 - HEAVY, NO. 5 - LIGHT, NO. 5 - HEAVY OR NO. 6

TECHNICAL GRADES OF FUEL OIL; AND OTHER RESIDUAL FUEL

OILS INCLUDING NAVY SPECIAL FUEL OIL AND BUNKER C. (Section

57.2 of the Act)

"IEMA" means the Illinois Emergency Management Agency.

"INDEMNIFICATION" MEANS INDEMNIFICATION OF AN OWNER OR

OPERATOR FOR THE AMOUNT OF JUDGMENT ENTERED AGAINST

THE OWNER OR OPERATOR IN A COURT OF LAW, FOR THE

AMOUNT OF ANY FINAL ORDER OR DETERMINATION MADE

AGAINST THE OWNER OR OPERATOR BY ANY AGENCY OF STATE

GOVERNMENT OR ANY SUBDIVISION THEREOF, OR FOR THE

AMOUNT OF ANY SETTLEMENT ENTERED INTO BY THE OWNER OR

OPERATOR, IF THE JUDGMENT, ORDER, DETERMINATION, OR

SETTLEMENT ARISES OUT OF BODILY INJURY OR PROPERTY

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26

DAMAGE SUFFERED AS A RESULT OF A RELEASE OF PETROLEUM

FROM AN UNDERGROUND STORAGE TANK OWNED OR OPERATED

BY THE OWNER OR OPERATOR. (Section 57.2 of the Act)

"LICENSED PROFESSIONAL ENGINEER" MEANS A PERSON,

CORPORATION OR PARTNERSHIP LICENSED UNDER THE LAWS OF

THE STATE OF ILLINOIS TO PRACTICE PROFESSIONAL

ENGINEERING. (Section 57.2 of the Act)

"Line Item Estimate" means an estimate of the costs associated with each line

item (including, but not necessarily limited to, personnel, equipment, travel,

etc.) which an owner or operator anticipates will be incurred for the

development, implementation and completion of a plan or report.

"Man-made Pathway" means constructed routes that may allow for the transport

of mobile petroleum free-liquid or petroleum-based vapors including, but not

limited to, sewers, utility lines, utility vaults, building foundations, basements,

crawl spaces, drainage ditches or previously excavated and filled areas.

"Monitoring Well" means a water well intended for the purpose of determining

groundwater quality or quantity.

"Natural Pathway" means natural routes for the transport of mobile petroleum

free-liquid or petroleum-based vapors including, but not limited to soil,

groundwater, sand seams and lenses and gravel seams and lenses.

"OCCURRENCE" MEANS ANY RELEASE FROM AN UNDERGROUND

STORAGE TANK, INCLUDING ANY ADDITIONAL RELEASE FROM

THAT UNDERGROUND STORAGE TANK AT THE SITE IDENTIFIED IN

THE COURSE OF PERFORMING CORRECTIVE ACTION IN RESPONSE

TO THE INITIAL RELEASE. AN ACCIDENT, INCLUDING

CONTINUOUS OR REPEATED EXPOSURE TO CONDITIONS, THAT

RESULTS IN A SUDDEN OR NONSUDDEN RELEASE FROM AN

UNDERGROUND STORAGE TANK. (Section 57.2 of the Act)

"OSFM" means the Office of the State Fire Marshal.

"Operator" means any person in control of, or having responsibility for, the

daily operation of the underground storage tank. (42 U.S.C. § 6991)

BOARD NOTE: A person who voluntarily undertakes action to remove an

underground storage tank system from the ground shall not be deemed an

"operator" merely by the undertaking of such action.

"Owner" means:

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27

In the case of an underground storage tank in use on November 8, 1984,

or brought into use after that date, any person who owns an underground

storage tank used for the storage, use or dispensing of regulated

substances;

In the case of any underground storage tank in use before November 8,

1984, but no longer in use on that date, any person who owned such

underground storage tank immediately before the discontinuation of its

use. (42 U.S.C. § 6991)

"Person" means, for the purposes of interpreting the definitions of the terms

"owner" or "operator," an 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 and shall include the United States

Government and each department, agency, and instrumentality of the United

States. (Derived from 42 U.S.C. § 6991)

"Petroleum" means petroleum, including crude oil or any fraction thereof which

is liquid at standard conditions of temperature and pressure (60 degrees

Fahrenheit and 14.7 pounds per square inch absolute). (42 U.S.C. § 6991)

"PHYSICAL SOIL CLASSIFICATION" MEANS VERIFICATION of

geological conditions consistent with regulations for identifying and protecting

potable resource groundwater or verification THAT SUBSURFACE STRATA

ARE AS GENERALLY MAPPED IN THE PUBLICATION ILLINOIS

GEOLOGICAL SURVEY CIRCULAR (1984) ENTITLED "POTENTIAL FOR

CONTAMINATION OF SHALLOW AQUIFERS IN ILLINOIS," BY BERG,

RICHARD C., ET AL. SUCH CLASSIFICATION MAY INCLUDE

REVIEW OF SOIL BORINGS, WELL LOGS, PHYSICAL SOIL ANALYSIS,

REGIONAL GEOLOGIC MAPS, OR OTHER SCIENTIFIC PUBLICATIONS.

(Section 57.2 of the Act)

"POTABLE" MEANS GENERALLY FIT FOR HUMAN CONSUMPTION IN

ACCORDANCE WITH ACCEPTED WATER SUPPLY PRINCIPLES AND

PRACTICES. (Section 3.65 of the Act)

"PROPERTY DAMAGE" MEANS PHYSICAL INJURY TO,

DESTRUCTION OF, OR CONTAMINATION OF TANGIBLE PROPERTY

owned by a person other than an owner or operator of the UST from which a

release of petroleum has occurred and which tangible property is located off the

site where the release occurred. Property damage includes ALL RESULTING

LOSS OF USE OF THAT PROPERTY; OR LOSS OF USE OF TANGIBLE

PROPERTY THAT IS NOT PHYSICALLY INJURED, DESTROYED OR

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28

CONTAMINATED, BUT HAS BEEN EVACUATED, WITHDRAWN FROM

USE, OR RENDERED INACCESSIBLE BECAUSE OF A RELEASE OF

PETROLEUM FROM AN UNDERGROUND STORAGE TANK. (Derived

from Section 57.2 of the Act)

"Registration" means registration of an underground storage tank with the

OSFM in accordance with Section 4 of the Gasoline Storage Act ([430 ILCS

15/4])

"REGULATED RECHARGE AREA" MEANS A COMPACT GEOGRAPHIC

AREA, AS DETERMINED BY THE BOARD, THE GEOLOGY OF WHICH

RENDERS A POTABLE RESOURCE GROUNDWATER PARTICULARLY

SUSCEPTIBLE TO CONTAMINATION. (Section 3.67 of the Act)

"Regulated Substance" means any substance defined in Section 101(14) of the

Comprehensive Environmental Response, Compensation, and Liability Act of

1980 ([42 U.S.C. § 9601(14)]) (but not including any substance regulated as a

hazardous waste under subtitle C of the Resource Conservation and Recovery

Act ([42 U.S.C. §§ 6921 et seq.])), and Petroleum. (42 U.S.C. § 6991)

"RELEASE" MEANS ANY SPILLING, LEAKING, EMITTING,

DISCHARGING, ESCAPING, LEACHING, OR DISPOSING OF

PETROLEUM FROM AN UNDERGROUND STORAGE TANK INTO

GROUNDWATER, SURFACE WATER OR SUBSURFACE SOILS. (Section

57.2 of the Act)

"Residential Tank" means an underground storage tank located on property used

primarily for dwelling purposes.

"Residential Unit" means a structure used primarily for dwelling purposes

including multi-unit dwellings such as apartment buildings, condominiums,

cooperatives or dormitories.

"SETBACK ZONE" MEANS A GEOGRAPHIC AREA, DESIGNATED

PURSUANT TO THE ACT or regulations, CONTAINING A POTABLE

WATER SUPPLY WELL OR A POTENTIAL SOURCE OR POTENTIAL

ROUTE, HAVING A CONTINUOUS BOUNDARY, AND WITHIN WHICH

CERTAIN PROHIBITIONS OR REGULATIONS ARE APPLICABLE IN

ORDER TO PROTECT GROUNDWATER. (Section 3.61 of the Act)

"SITE" MEANS ANY SINGLE LOCATION, PLACE, TRACT OF LAND OR

PARCEL OF PROPERTY INCLUDING CONTIGUOUS PROPERTY NOT

SEPARATED BY A PUBLIC RIGHT-OF-WAY. (Section 57.2 of the Act)

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29

"Stratigraphic Unit" means a site-specific geologic unit of native deposited

material and/or bedrock of varying thickness (e.g., sand, gravel, silt, clay,

bedrock, etc.). A change in stratigraphic unit is recognized by a clearly distinct

contrast in geologic material or a change in physical features within a zone of

gradation. For the purposes of this Part, a change in stratigraphic unit is

identified by one or a combination of differences in physical features such as

texture, cementation, fabric, composition, density, and/or permeability of the

native material and/or bedrock.

"Surface Body of Water" or "Surface Water Body" means a natural or man-

made body of water on the ground surface including, but not limited to, lakes,

ponds, reservoirs, retention ponds, rivers, streams, creeks and drainage ditches.

Surface body of water does not include puddles or other accumulations of

precipitation, run-off or groundwater in UST excavations.

"Tank Field" means all underground storage tanks at a site that reside within a

circle with a 100 foot radius.

"Underground Storage Tank" or "UST" means any one or combination of tanks

(including underground pipes connected thereto) which is used to contain an

accumulation of regulated substances, and the volume of which (including the

volume of underground pipes connected thereto) is 10 per centum or more

beneath the surface of the ground. Such term does not include any of the

following or any pipes connected thereto:

Farm or residential tank of 1,100 gallons or less capacity used for

storing motor fuel for noncommercial purposes;

Septic tank;

Pipeline facility (including gathering lines) regulated under the Natural

Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1671 et seq.), or the

Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. App. 2001 et

seq.), or which is an intrastate pipeline facility regulated under State

laws as provided in either of these provisions of law, and which is

determined by the Secretary of Energy to be connected to a pipeline or

to be operated or intended to be capable of operating at pipeline pressure

or as an integral part of a pipeline;

Surface impoundment, pit, pond, or lagoon;

Storm water or waste water collection system;

Flow-through process tank;

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30

Liquid trap or associated gathering lines directly related to oil or gas

production and gathering operations; or

Storage tank situated in an underground area (such as a basement, cellar,

mineworking, drift, shaft, or tunnel) if the storage tank is situated on or

above the surface of the floor. (Derived from 42 U.S.C.§ 6991)

THE TERM "UNDERGROUND STORAGE TANK" SHALL ALSO

MEAN AN UNDERGROUND STORAGE TANK USED

EXCLUSIVELY TO STORE HEATING OIL FOR CONSUMPTIVE

USE ON THE PREMISES WHERE STORED AND WHICH SERVES

OTHER THAN A FARM OR RESIDENTIAL UNIT. (Section 57.2 of

the Act)

"UST system" or "tank system" means an underground storage tank, connected

underground piping, underground ancillary equipment, and containment system,

if any.

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

Section 732.104

Incorporations by Reference

a)

The Board incorporates the following material by reference:

ASTM. American Society for Testing and Materials, 1916 Race Street,

Philadelphia, PA 19103 (215) 299-5400

ASTM D 422-63, Standard Test Method for Particle-Size Analysis of

Soils, approved November 21, 1963 (reapproved 1990).

ASTM D 1140-5492, Standard Test Method for Amount of Material in

Soils Finer than the No. 200 (75 um) Sieve, approved September 15,

1954 (reapproved 1990)November 15, 1992.

ASTM D 2216-9092, Standard Test Method for Laboratory

Determination of Water (Moisture) Content of Soil and Rock, approved

November 30, 1990June 15, 1992.

ASTM D 4643-8793, Standard Test Method for Determination of Water

(Moisture) Content of Soil by the Microwave Oven Method, approved

February 2, 1987July 15, 1993.

ASTM D 2487-9093, Standard Test Method for Classification of Soils

for Engineering Purposes, approved June 22, 1990September 15, 1993.

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31

ASTM D 2488-9093, Standard Practice for Description and

Identification of Soils (Visual-Manual Procedure), approved June 29,

1990September 15, 1993.

ASTM D 5084-90, Standard Test Method for Measurement of Hydraulic

Conductivity of Saturated Porous Materials Using a Flexible Wall

Permeameter, approved June 22, 1990.

ASTM D 4525-90, Standard Test Method for Permeability of Rocks by

Flowing Air, approved May 25, 1990.

ASTM D 1587-83, Standard Practice for Thin-Walled Tube Sampling of

Soils, approved August 17,1983.

ISGS. Illinois State Geological Survey, 615 E. Peabody Drive, Champaign, IL

61820-6964 (217) 333-4747

Richard C. Berg, John P. Kempton, Keros Cartwright, "Potential for

Contamination of Shallow Aquifers in Illinois" (1984), Circular No.

532.

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

Springfield, VA 22161 (703) 487-4600

"Methods for Chemical Analysis of Water and Wastes," EPA

Publication No. EPA-600/4-79-020 (March 1983), Doc. No. PB 84-

128677.

"Methods for the Determination of Organic Compounds in Drinking

Water," EPA, EMSL, EPA-600/4-88/039 (Dec. 1988), Doc. No. PB

89-220461.

"Practical Guide for Ground-Water Sampling," EPA Publication No.

EPA-600/2-85/104 (September 1985), Doc. No. PB 86-137304.

"Rapid Assessment of Exposure to Particulate Emissions from Surface

Contamination Sites," EPA Publication No. EPA/600/8-85/002

(February 1985), Doc. No. PB 85-192219.

"Test Methods for Evaluating Solid Wastes, Physical/Chemical

Methods," EPA Publication No. SW-846, (Third Edition, (September,

1986), as amended by Revision I, Final Update I (July 1992), Doc. No.

PB 89-148076955-001-00000-1.

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32

USGS. United States Geological Survey, 1961 Stout Street, Denver, CO 80294

(303) 844-4169

"Techniques of Water Resources Investigations of the United States

Geological Survey, Guidelines for Collection and Field Analysis of

Ground-Water Samples for Selected Unstable Constituents," Book I,

Chapter D2 (1981).

b)

CFR (Code of Federal Regulations). Available from the Superintendent of

Documents, U.S. Government Printing Office, Washington, D.C. 20402 (202)

783-3238

40 CFR 261, Appendix II (1992).

40 CFR 761.120 (1993).

c)

This Section incorporates no later editions or amendments.

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

SUBPART B: EARLY ACTION

Section 732.202

Early Action

a)

Upon confirmation of a release of petroleum from a UST system in accordance

with regulations promulgated by the OSFM, the owner or operator, or both,

shall perform the following initial response actions within 24 hours after the

release:

1)

Report the release to IEMA (e.g., by telephone or electronic mail);

2)

Take immediate action to prevent any further release of the regulated

substance to the environment; and

3)

Identify and mitigate fire, explosion and vapor hazards.

b)

Within 20 days after Upon confirmation of a release of petroleum from a UST

system in accordance with regulations promulgated by the OSFM, the owner or

operator shall perform the following initial abatement measures:

1)

Remove as much of the petroleum from the UST system as is necessary

to prevent further release into the environment;

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33

2)

Visually inspect any aboveground releases or exposed below ground

releases and prevent further migration of the released substance into

surrounding soils and groundwater;

3)

Continue to monitor and mitigate any additional fire and safety hazards

posed by vapors or free product that have migrated from the UST

excavation zone and entered into subsurface structures (such as sewers or

basements);

4)

Remedy hazards posed by contaminated soils that are excavated or

exposed as a result of release confirmation, site investigation, abatement

or corrective action activities. If these remedies include treatment or

disposal of soils, the owner or operator shall comply with 35 Ill. Adm.

Code 722, 724, 725, and 807 through 815;

5)

Measure for the presence of a release where contamination is most likely

to be present at the UST site, unless the presence and source of the

release have been confirmed in accordance with regulations promulgated

by the OSFM. In selecting sample types, sample locations, and

measurement methods, the owner or operator shall consider the nature of

the stored substance, the type of backfill, depth to groundwater and other

factors as appropriate for identifying the presence and source of the

release; and

6)

Investigate to determine the possible presence of free product, and begin

free product removal as soon as practicable and in accordance with

Section 732.203 below.

c)

Within 20 days after confirmation of a release of petroleum from a UST system

in accordance with regulations promulgated by the OSFM, owners or operators

shall submit a report to the Agency summarizing the initial abatement steps

taken under subsection (b) above of this Section and any resulting information

or data. The report shall be submitted on forms prescribed and provided by the

Agency or in a similar format containing the same information.

d)

Within 45 days after confirmation of a release, owners Owners or operators

shall assemble information about the site and the nature of the release, including

information gained while confirming the release or completing the initial

abatement measures in subsections (a) and (b) above of this Section. This

information must shall include, but is not limited to, the following:

1)

Data on the nature and estimated quantity of release;

2)

Data from available sources or site investigations concerning the

following factors: surrounding populations, water quality, use and

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34

approximate locations of wells potentially affected by the release,

subsurface soil conditions, locations of subsurface sewers, climatological

conditions and land use;

3)

Results of the site check required at subsection (b)(5) of this Section;

4)

Results of the free product investigations required at subsection (b)(6) of

this Section, to be used by owners or operators to determine whether

free product must be recovered under Section 732.203.

e)

Within 45 days after confirmation of a release of petroleum from a UST system

in accordance with regulations promulgated by the OSFM, owners or operators

shall submit to the Agency the information collected in compliance with

subsection (d) above of this Section in a manner that demonstrates its

applicability and technical adequacy. The information shall be submitted on

forms prescribed and provided by the Agency or in a similar format containing

the same information.

f)

NOTWITHSTANDING ANY OTHER CORRECTIVE ACTION TAKEN, AN

OWNER OR OPERATOR MAY, AT A MINIMUM, AND PRIOR TO

SUBMISSION OF ANY PLANS TO THE AGENCY, REMOVE THE TANK

SYSTEM, OR REPAIR OR ABANDON THE UNDERGROUND STORAGE

TANK IN PLACE, IN ACCORDANCE WITH THE REGULATIONS

PROMULGATED BY THE OFFICE OF THE STATE FIRE MARSHAL.

THE OWNER MAY REMOVE VISIBLY CONTAMINATED FILL

MATERIAL AND ANY GROUNDWATER IN THE EXCAVATION WHICH

EXHIBITS A SHEEN. Early action may also include disposal in accordance

with applicable regulations or ex-situ treatment of contaminated fill material in

accordance with Section 57.7(a)(1)(B) of the Act. (Section 57.6(b) of the Act)

g)

For purposes of reimbursement, the activities set forth in subsection (f) of this

Section shall be performed within 45 days after confirmation of a release, unless

special circumstances, approved by the Agency in writing, warrant continuing

such activities beyond 45 days. The owner or operator shall notify the Agency

in writing within 45 days of confirmation of a release of such circumstances.

Costs incurred beyond 45 days shall be eligible if the Agency determines that

they are consistent with early action.

BOARD NOTE: Section 57.7(a)(1)(B) of the Act limits payment or reimbursement

from the Fund for removal of contaminated fill material during early action activities.

Owners or operators proceeding with activities set forth in subsection (f) of this Section

are advised that they may not be entitled to full payment or reimbursement. See

Subpart F of this Part.

(Source: Amended at 21 Ill. Reg. ________, effective ___________)

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35

Section 732.203

Free Product Removal

Under any circumstance in which conditions at a site At sites where investigations under

Section 732.202(b)(6) indicate the presence of free product, owners or operators shall remove

free product to the maximum extent practicable while initiating or continuing any actions

required pursuant to this Part or other applicable laws or regulations. In meeting the

requirements of this Section, owners or operators shall:

a)

Conduct free product removal in a manner that minimizes the spread of

contamination into previously uncontaminated zones by using recovery and

disposal techniques appropriate to the hydrogeologic conditions at the site and

that properly treats, discharges or disposes of recovery byproducts in

compliance with applicable local, State and federal regulations;

b)

Use abatement of free product migration as a minimum objective for the design

of the free product removal system;

c)

Handle any flammable products in a safe and competent manner to prevent fires

or explosions; and

d)

Within 45 days after the confirmation of a release of petroleum presence of free

product from a UST in accordance with regulations promulgated by the OSFM,

prepare and submit to the Agency a free product removal report on forms

prescribed and provided by the Agency or in a similar format containing the

same information. The report shall, at a minimum, provide the following:

1)

The name of the persons responsible for implementing the free product

removal measures;

2)

The estimated quantity, type and thickness of free product observed or

measured in wells, boreholes and excavations;

3)

The type of free product recovery system used;

4)

Whether any discharge will take place on-site or off-site during the

recovery operation and where this discharge will be located;

5)

The type of treatment applied to, and the effluent quality expected from,

any discharge;

6)

The steps that have been or are being taken to obtain necessary permits

for any discharge; and

7)

The disposition of the recovered free product.

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36

(Source: Amended at 21 Ill. Reg. _______, effective _________)

SUBPART C: SITE EVALUATION AND CLASSIFICATION

Section 732.300

General

a)

Except as provided in subsection (b) below of this Section, the owner or

operator of any site subject to this Part shall evaluate and classify the site in

accordance with the requirements of this Subpart C. All such sites shall be

classified as "No Further Action," "Low Priority" or "High Priority." Site

classifications shall be based on the results of the site evaluation, including, but

not limited to, the physical soil classification and the groundwater investigation,

if applicable.

b)

Owners or operators subject to this Part 732 may proceed without conducting

site classification activities pursuant to this Subpart C under the following

circumstances:

1)

If the owner or operator chooses to conduct remediation sufficient to

satisfy the remediation objectives in Section 732.408 of this Part. Upon

completion of the remediation, the owner or operator shall submit a

corrective action completion report demonstrating compliance with the

required levels; or. A groundwater investigation shall be required if any

of the following conditions exist, unless an evaluation through 35 Ill.

Adm. Code 742 determines that no groundwater investigation is

necessary:

A)

There is evidence that groundwater wells have been impacted by

the release above the Tier 1 residential numbers set forth in 35

Ill. Adm. Code 742.Appendix B (e.g., as found during release

confirmation or previous corrective action measures);

B)

Free product that may impact groundwater is found to need

recovery in compliance with Section 732.203; or

C)

There is evidence that contaminated soils may be in contact with

groundwater as a result of:

i)

Groundwater infiltrating the tank excavation; or

ii)

Groundwater occurring at or above the invert elevation of

the UST.

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37

2)

If, upon completion of early action requirements pursuant to Subpart B

of this Part, the owner or operator can demonstrate compliance with the

remediation objectives required in Section 732.408 of this Part. Upon

completion of the early action requirements, the owner or operator shall

submit a corrective action completion report demonstrating compliance

with the required levels.

BOARD NOTE: Owners or operators proceeding under subsection (b) above of this

Section are advised that they may not be entitled to full payment or reimbursement.

See Subpart F of this Part.

c)

For corrective action completion reports submitted pursuant to subsection (b)

above of this Section, the Agency shall issue a "No Further Remediation”

Lletter upon approval of the report by the Agency or by operation of law in

accordance with Subpart E.

(Source: Amended at 21 Ill. Reg. _____, effective _____________)

Section 732.302

"No Further Action" Sites

a)

Unless an owner or operator elects to classify a site under Section 732.312, sites

Sites shall be classified as "No Further Action" if all of the following criteria

are satisfied:

1)

The physical soil classification procedure confirms either of the

following:

A)

"Berg Circular"

i)

The site is located in an area designated D, E, F or G on

the Illinois State Geological Survey Circular (1984)

entitled, "Potential for Contamination of Shallow Aquifers

in Illinois," incorporated by reference at Section 732.104

of this Part; and

ii)

The site's actual physical soil conditions are verified as

consistent with those designated D, E, F or G on the

Illinois State Geological Survey Circular (1984) entitled,

"Potential for Contamination of Shallow Aquifers in

Illinois"; or

B)

The site soil characteristics satisfy the criteria of Section

732.307(d)(3) of this Part;

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38

2)

The UST system is not within the minimum or maximum setback zone

of a potable water supply well or regulated recharge area of a potable

water supply well;

3)

After completing early action measures in accordance with Subpart B of

this Part, there is no evidence that, through natural pathways or man-

made pathways, migration of petroleum or vapors threaten human health

or human safety or may cause explosions in basements, crawl spaces,

utility conduits, storm or sanitary sewers, vaults or other confined

spaces;

4)

There is no designated Class III special resource groundwater within 200

feet of the siteUST system; and

5)

After completing early action measures in accordance with Subpart B of

this Part, no surface bodies of water are adversely affected by the

presence of a visible sheen or free product layer as a result of a release

of petroleum.

b)

No groundwater investigation pursuant to Section 732.307(j) shall be required to

demonstrate that a site meets the criteria of a "No Further Action" site.

Groundwater investigation shall be required to confirm that a site meets the

criteria of a No Further Action site if the Agency has received information

indicating that the groundwater is contaminated at levels in excess of applicable

groundwater objectives specified in 35 Ill. Adm. Code 742 at the property

boundary line or 200 feet from the UST system, whichever is less. In such

cases, a groundwater investigation that meets the requirements of Section

732.307(j) shall be performed. If the investigation confirms there is an

exceedence of applicable Tier 1 residential indicator contaminant objectives (set

forth in 35 Ill. Adm. Code.Appendix B), the Agency may reclassify the site as

High Priority.

(Source: Amended at 21 Ill. Reg. _____, effective ________________)

Section 732.303

"Low Priority" Sites

Unless an owner or operator elects to classify a site under Section 732.312, sites Sites shall be

classified as "Low Priority" if all of the following criteria are met:

a)

The physical soil classification and groundwater investigation procedures

confirm the following:

1)

The groundwater quality standard or groundwater objective for any

applicable indicator contaminant has not been exceeded at the property

boundary line or 200 feet from the UST system, whichever is less; and

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39

2)

"Berg Circular"

A)

The site is located in an area designated A1, A2, A3, A4, A5,

AX, B1, B2, BX, C1, C2, C3, C4, or C5 on the Illinois State

Geological Survey Circular (1984) entitled, "Potential for

Contamination of Shallow Aquifers in Illinois," incorporated by

reference at Section 732.104 of this Part; and

B)

The site's actual physical soil conditions are verified as consistent

with those designated A1, A2, A3, A4, A5, AX, B1, B2, BX,

C1, C2, C3, C4, or C5 on the Illinois State Geological Survey

Circular (1984) entitled, "Potential for Contamination of Shallow

Aquifers in Illinois"; or

3)

The site soil characteristics do not satisfy the criteria of Section

732.307(d)(3) of this Part;

b)

The UST system is not within the minimum or maximum setback zone of a

potable water supply well or regulated recharge area of a potable water supply

well;

c)

After completing early action measures in accordance with Subpart B of this

Part, there is no evidence that, through natural or man-made pathways,

migration of petroleum or vapors threaten human health or human safety or may

cause explosions in basements, crawl spaces, utility conduits, storm or sanitary

sewers, vaults or other confined spaces;

d)

There is no designated Class III special resource groundwater within 200 feet of

the siteUST system; and

e)

After completing early action measures in accordance with Subpart B of this

Part, there are no surface bodies of water adversely affected by the presence of

a visible sheen or free product layer as a result of the release of petroleum.

(Source: Amended at 21 Ill. Reg. _____, effective _____________)

Section 732.304

"High Priority" Sites

Unless an owner or operator elects to classify a site under Section 732.312, sites Sites shall be

classified as "High Priority" if any of the following are met:

a)

The physical soil classification and groundwater investigation procedures

confirm the following:

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40

1)

The groundwater quality standard or groundwater objective for any

applicable indicator contaminant has been exceeded at the property

boundary line or 200 feet from the UST system, whichever is less; and

2)

"Berg Circular"

Ai)

The site is located in an area designated A1, A2, A3, A4, A5,

AX, B1, B2, BX, C1, C2, C3, C4, or C5 on the Illinois State

Geological Survey Circular (1984) entitled, "Potential for

Contamination of Shallow Aquifers in Illinois," incorporated by

reference at Section 732.104 of this Part; and

Bii)

The site's actual physical soil conditions are verified as consistent

with those designated A1, A2, A3, A4, A5, AX, B1, B2, BX,

C1, C2, C3, C4, or C5 on the Illinois State Geological Survey

Circular (1984) entitled, "Potential for Contamination of Shallow

Aquifers in Illinois"; or

3)

The site soil characteristics do not satisfy the criteria of Section

732.307(d)(3) of this Part;

b)

The UST system is within the minimum or maximum setback zone of a potable

water supply well or regulated recharge area of a potable water supply well;

c)

After completing early action measures in accordance with Subpart B of this

Part, there is evidence that, through natural or man-made pathways, migration

of petroleum or vapors threaten human health or human safety or may cause

explosions in basements, crawl spaces, utility conduits, storm or sanitary

sewers, vaults or other confined spaces;

d)

There is designated Class III special resource groundwater within 200 feet of the

siteUST system; or

e)

After completing early action measures in accordance with Subpart B of this

Part, a surface body of water is adversely affected by the presence of a visible

sheen or free product layer as a result of a release of petroleum.

(Source: Amended at 21 Ill. Reg. _____, effective ___________)

Section 732.305

Plan Submittal and Review

a)

Unless an owner or operator elects to classify a site under Section 732.312,

prior Prior to conducting any site evaluation activities, the owner or operator

shall submit to the Agency a site classification plan, including but not limited to

a physical soil classification and groundwater investigation plan, satisfying the

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41

minimum requirements for site evaluation activities as set forth in Section

732.307. The plans shall be designed to collect data sufficient to determine the

site classification in accordance with Sections 732.302, 732.303 or 732.304 of

this Part. Site classification plans shall be submitted on forms prescribed and

provided by the Agency or in a similar format containing the same information.

b)

In addition to the plan required in subsection (a) above of this Section and prior

to conducting any site evaluation activities, any owner or operator intending to

seek payment from the Fund shall submit to the Agency:

1)

An application for payment of costs associated with eligible early action

costs incurred pursuant to Subpart B of this Part, except as provided in

subsection (b)(2) below of this Section; and

2)

A site classification budget plan, which shall include, but not be limited

to, a copy of the eligibility and deductibility determination of the OSFM

and a line item estimate of all costs associated with the development,

implementation and completion of the site evaluation activities required

in Section 732.307. In accordance with Section 732.204 of this Part, the

owner or operator may submit a site classification budget plan that

includes a line item estimate of the activities and costs of early action for

review and approval prior to the submittal of an application for payment.

Formulation of budget plans should be consistent with the eligible and

ineligible costs listed at Sections 732.605 and 732.606 of this Part. Site

classification budget plans shall be submitted on forms prescribed and

provided by the Agency or in a similar format containing the same

information.

c)

The Agency shall have the authority to review and approve, reject or require

modification of any plan submitted pursuant to this Section in accordance with

the procedures contained in Subpart E of this Part.

d)

Notwithstanding subsections (a) and (b) above of this Section, an owner or

operator may proceed to conduct site evaluation activities in accordance with

this Subpart C prior to the submittal or approval or an otherwise required site

classification plan (including physical soil classification and groundwater

investigation plans and associated budget plans). However, any such plan shall

be submitted to the Agency for review and approval, rejection or modification

in accordance with the procedures contained in Subpart E of this Part prior to

payment or reimbursement for any related costs or the issuance of a "No

Further Remediation” Lletter.

e)

If, following the approval of any site classification plan, an owner or operator

determines that revised procedures or cost estimates are necessary in order to

comply with the minimum required activities for the site, the owner or operator

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42

shall submit, as applicable, an amended site classification plan or associated

budget plan for review by the Agency. The Agency shall have the authority to

review and approve, reject or require modifications of the amended plan in

accordance with the procedures contained in Subpart E of this Part.

BOARD NOTE: Owners or operators proceeding under subsection (d) of this Section

are advised that they may not be entitled to full payment or reimbursement. See

Subpart F of this Part.

(Source: Amended at 21 Ill. Reg. _______, effective _________)

Section 732.306

Deferred Site Classification; Priority List for Payment

a)

NOTWITHSTANDING ANY OTHER PROVISION OR RULE OF LAW

WITH THE EXCEPTION OF THE early action requirements of Subpart B of

this Part and the investigation of migratory pathways as required by Section

732.307(g), THE An OWNER OR OPERATOR WHO HAS RECEIVED

APPROVAL FOR SUBMITTED ANY budget BUDGET PLAN SUBMITTED

PURSUANT TO this Part AND WHO IS ELIGIBLE FOR PAYMENT FROM

THE UNDERGROUND STORAGE TANK FUND SHALL BE ELIGIBLE TO

ELECT TO COMMENCE site classification UPON THE AVAILABILITY OF

FUNDS. SUCH ELECTION SHALL BE MADE IN WRITING TO THE

AGENCY WITHIN 30 DAYS OF RECEIPT OF AGENCY APPROVAL OF A

budget PLAN. At that time, or up until 60 days thereafter, the owner or

operator shall also provide the results of the investigation of the migratory

pathways so that the Agency can make its decision in accordance with

subsection (b) of this Section.

  

THE AGENCY SHALL PROVIDE NOTICE

TO THE OWNER OR OPERATOR AT SUCH TIME AS IT APPROVES THE

budget PLAN WHETHER SUFFICIENT RESOURCES ARE AVAILABLE IN

ORDER TO IMMEDIATELY COMMENCE THE APPROVED MEASURES.

MAY ELECT TO DEFER SITE CLASSIFICATION, LOW PRIORITY

GROUNDWATER MONITORING, OR REMEDIATION ACTIVITIES

UNTIL FUNDS ARE AVAILABLE IN AN AMOUNT EQUAL TO THE

AMOUNT APPROVED IN THE BUDGET PLAN if the requirements of

subsection (b) of this Section are met. (Section 57.8(b) of the Act)

1)

Approvals of budget plans shall be pursuant to Agency review or by

operation of law in accordance with Subpart E of this Part.

2)

The Agency shall monitor the availability of funds to determine whether

sufficient resources exist to provide payment in an amount equal to the

total of the approved budget plans and shall provide notice to owners or

operators of the availability of funds in accordance with Section

732.503(h). Funds shall not be deemed available for owners or

operators electing to defer site classification so long as there are owners

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43

or operators on the priority list established pursuant to Section

732.603(d) of this Part awaiting forwarding of vouchers to the Office of

the State Comptroller.

3)

Upon receiving written notification that an owner or operator elects to

defer site classification until funds are available, the Agency shall place

the site on a priority list for payment and notification of availability of

sufficient funds. Sites shall enter the priority list for payment based

solely on the date the Agency receives the written notification election of

deferral, with the earliest dates having the highest priority. The

Agency's record of the date of receipt shall be deemed conclusive,

unless a contrary date is proven by a dated, signed receipt from

registered or certified mail.

4)

As funds become available, the Agency shall encumber funds for each

site in the order of priority in an amount equal to the total of the

approved budget plan for which deferral was sought. The Agency shall

then notify owners or operators that sufficient funds have been allocated

for the owner or operator's site. After such notification the owner or

operator shall commence site classification activities.

5)

Authorization of payment of encumbered funds for deferred site

classification activities shall be approved in accordance with the

requirements of Subpart F of this Part.

6)

The priority list for payment and notification of availability of sufficient

funds shall be the same as that used for deferred corrective action

pursuant to Section 732.406 with both types of deferrals entering the list

and moving up solely on the basis of the date the Agency receives

written notice of the deferral.

b)

SHOULD THE AGENCY OR OWNER OR OPERATOR DETERMINE A

THREAT TO HUMAN HEALTH AND/OR THE ENVIRONMENT

REQUIRES IMMEDIATE ACTION, INCLUDING THE EXISTENCE OF

PETROLEUM OR VAPORS WHICH THREATEN HUMAN HEALTH OR

HUMAN SAFETY OR MAY CAUSE EXPLOSIONS IN BASEMENTS,

CRAWL SPACES, UTILITY CONDUITS, STORM OR SANITARY

SEWERS, VAULTS OR OTHER CONFINED SPACES, THE ELECTION TO

COMMENCE site classification UPON THE AVAILABILITY OF FUNDS

SHALL NOT BE AVAILABLE. THE AGENCY SHALL NOTIFY THE

OWNER OR OPERATOR BY CERTIFIED MAIL THAT A SITUATION

EXISTS THAT WOULD PRECLUDE THE OWNER OR OPERATOR FROM

COMMENCING site classification UPON THE AVAILABILITY OF FUNDS.

SUCH ACTION BY THE AGENCY SHALL NOT BE SUBJECT TO

APPEAL. (Section 57.8(b) of the Act) An owner or operator who elects to

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44

defer site classification, low priority groundwater monitoring, or remediation

activities under subsection (a) of this Section shall submit a report demonstrating

the following:

1)

The early action requirements of Subpart B of this Part have been met;

and

2)

The release does not pose a threat to human health or the environment

through migratory pathways following the investigation of migration

pathways requirements of Section 732.307(g).

c)

An owner or operator may withdraw the election to commence site classification

activities upon the availability of funds at any time. The Agency shall be

notified in writing of the withdrawal. Upon such withdrawal, the owner or

operator shall proceed with site classification in accordance with the

requirements of this Part.

(Source: Amended at 21 Ill. Reg. _____, effective ________________)

Section 732.307

Site Evaluation

a)

Except as provided in Section 732.300(b), or unless an owner or operator elects

to classify a site under Section 732.312, the owner or operator of any site for

which a release of petroleum has been confirmed in accordance with regulations

promulgated by the OSFM and reported to IEMA shall arrange for site

evaluation and classification in accordance with the requirements of this Section.

A Licensed Professional Engineer (or, where appropriate, persons working

under the direction of a Licensed Professional Engineer) shall conduct the site

evaluation. The results of the site evaluation shall provide the basis for

determining the site classification. The site classification shall be certified as

required by the supervising Licensed Professional Engineer.

b)

As a part of each site evaluation, the Licensed Professional Engineer shall

conduct a physical soil classification in accordance with the procedures at

subsections (c) or (d) below of this Section. Except as provided in subsection

(e) below of this Section, all elements of the chosen method of physical soil

classification must be completed for each site. In addition to the requirement

for a physical soil classification, the Licensed Professional Engineer shall, at a

minimum, complete the requirements at subsections (f) through (j) below of this

Section before classifying a site as "High Priority" or "Low Priority" and

subsection (f) through (i) below of this Section before classifying a site as "No

Further Action."

c)

Method One for Physical Soil Classification:

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45

1)

Soil Borings

A)

Prior to conducting field activities, a review of scientific

publications and regional geologic maps shall be conducted to

determine if the subsurface strata are as generally mapped in the

Illinois State Geological Survey Circular (1984) entitled,

"Potential for Contamination of Shallow Aquifers in Illinois,"

incorporated by reference in Section 732.104 of this Part. A list

of the publications reviewed and any preliminary conclusions

concerning the site geology shall be included in the site

classification completion report.

B)

A minimum of one soil boring to a depth that includes 50 feet of

native soil or to bedrock shall be performed for each tank field

with a release of petroleum.

C)

If, during boring, bedrock is encountered or if auger refusal

occurs because of the density of a geologic material, a sample of

the bedrock or other material shall be collected to determine

permeability or an in situ test shall be performed to determine

hydraulic conductivity in accordance with subsections (c)(3)(A)

and (c)(3)(B) below of this Section. If bedrock is encountered or

auger refusal occurs, the Licensed Professional Engineer shall

verify that the conditions that prevented the full boring are

expected to be continuous through the remaining required depth.

D)

Borings shall be performed within 200 feet of the outer edge of

the tank field or at the property boundary, whichever is less. If

more than one boring is required per site, borings shall be spaced

to provide reasonable representation of site characteristics. The

actual spacing of the borings shall be based on the regional

hydrogeologic information collected in accordance with Section

732.307subsection (c)(1)(A). Location shall be chosen to limit to

the greatest extent possible the vertical migration of

contamination.

E)

Soil borings shall be continuously sampled to ensure that no gaps

appear in the sample column.

F)

If anomalies are encountered, additional soil borings may be

necessary to verify the consistency of the site geology.

G)

Any water bearing units encountered shall be protected as

necessary to prevent cross-contamination of water bearing units

during drilling.

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46

H)

The owner or operator may utilize techniques other than those

specified in this subsection (c)(1) for soil classification provided

that:

1)

The techniques provide equivalent, or superior,

information as required by this Section;

2)

The techniques have been successfully utilized in

applications similar to the proposed application;

3)

Methods for quality control can be implemented; and

4)

The owner or operator has received written approval from

the Agency prior to the start of the investigation.

2)

Soil Properties

The following tests shall be performed on a representative sample of

each of the stratigraphic units encountered at the site in the native soil

boring which has been determined most conducive to transporting

contaminants from the source based on site factors, including but not

limited to visual and tactile observations, the classification of the soil,

any prior evaluation of the site stratigraphy, the volume of the release,

the size or extent of the unit, and the requirements of ASTM D 2488-93,

Standard Practice for Description and Identification of Soils (Visual-

Manual Procedure), approved September 15, 1993:

A)

A soil particle analysis using the test methods specified in ASTM

(American Society for Testing and Materials) Standards D 422-63

or D 1140-5492, "Standard Test Method for Particle-Size

Analysis of Soils," or "Standard Test Method for Amount of

Material in Soils Finer than the No. 200 (75 um) Sieve,"

incorporated by reference in Section 732.104 of this Part, or

other Agency approved method;

B)

A soil moisture content analysis using the test methods specified

in ASTM Standards D 2216-9092 or D 4643-8793, "Standard

Test Method for Laboratory Determination of Water (Moisture)

Content of Soil and Rock," or "Standard Test Method for

Determination of Water (Moisture) Content of Soil by the

Microwave Oven Method," incorporated by reference in Section

732.104 of this Part, or other Agency approved method;

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47

C)

A soil classification using the test methods specified in ASTM

Standards D 2487-9093 or D 2488-9093, "Standard Test Method

for Classification of Soils for Engineering Purposes" or

"Standard Practice for Description and Identification of Soils

(Visual-Manual Procedure)," incorporated by reference in

Section 732.104 of this Part, or other Agency approved method;

and

D)

Unconfined compression strength shall be determined in tons per

square foot by using a hand penetrometer.; and

E)

If representative samples of each stratigraphic unit are collected

for soil property testing by the use of thin-walled tube sampling,

an additional soil boring must be performed for this sampling

within 5 feet of the site classification boring. Thin-walled tube

sampling must be conducted in accordance with ASTM Method

D 1587-83, or other Agency approved method. The boring from

which the thin-walled tubes are collected must be logged in

accordance with the requirements of 35 Ill. Adm. Code

732.308(a).

3)

Hydraulic Conductivity

A)

If a water bearing unit is encountered while performing soil

boring(s) for the physical soil classification, an in-situ hydraulic

conductivity test shall be performed in the first fully saturated

layer below the water table. If multiple water bearing units are

encountered, an in-situ hydraulic conductivity test shall be

performed on each such unit.

i)

Wells used for hydraulic conductivity testing shall be

constructed in a manner that ensures the most accurate

results.

ii)

The screen must be contained within the saturated zone.

B)

If no water bearing unit is encountered in the required soil

boring(s), then the following laboratory analyses shall be

conducted, as applicable, on a representative sample from each

stratigraphic unit:

i)

A hydraulic conductivity analysis of undisturbed or

laboratory compacted granular soils (i.e., clay, silt, sand

or gravel) using the test method specified in ASTM

(American Society for Testing and Materials) Standard D

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48

5084-90, "Standard Test Method for Measurement of

Hydraulic Conductivity of Saturated Porous Materials

Using a Flexible Wall Permeameter," incorporated by

reference in Section 732.104 of this Part, or other Agency

approved method.

ii)

Granular soils having estimated hydraulic conductivity of

greater than 1 x 10

-3

cm/s will fail the hydraulic

conductivity requirements within the Berg Circular for

"No Further Action" geology, and therefore, no tests need

to be run on the soils.

iii)

A hydraulic conductivity analysis of bedrock using the test

method specified in ASTM (American Society for Testing

and Materials) Standard D 4525-90, "Standard Test

Method for Permeability of Rocks by Flowing Air,"

incorporated by reference in Section 732.104 of this Part,

or other Agency approved method.

iv)

If representative samples of each stratigraphic unit are

collected for soil property testing by the use of thin-walled

tube sampling, an additional soil boring must be

performed for this sampling within 5 feet of the site

classification boring. Thin-walled tube sampling must be

conducted in accordance with ASTM Method D 1587-83,

or other Agency approved method. The boring from

which the thin-walled tubes are collected must be logged

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

732.308(a).

4)

If the results of the physical soil classification or groundwater

investigation reveal that the actual site geologic characteristics are

different from those generally mapped by the Illinois State Geological

Survey Circular (1984) entitled, "Potential for Contamination of Shallow

Aquifers in Illinois," incorporated by reference at Section 732.104 of

this Part, the site classification shall be determined using the actual site

geologic characteristics.

d)

Method Two for Physical Soil Classification:

1)

Soil Borings

A)

A minimum of one soil boring to a depth that includes native

material from the invert elevation of the most shallow UST to 15

feet below the invert elevation of the deepest UST at least the

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49

first 15 feet of native material below the invert elevation of the

UST for each tank field with a release of petroleum.

B)

This boring shall meet the requirements of subsections (c)(1)(C)

through (c)(1)(G) above of this Section.

2)

Soil Properties

The following tests shall be performed on a representative sample

of each of the stratigraphic units encountered in the native soil

boring which has been determined most conducive to transporting

contaminants from the source based on site factors including but

not limited to visual and tactile observations, the classification of

the soil, any prior evaluation of the site stratigraphy, the volume

of the release, the size or extent of the unit, and the requirements

of ASTM D 2488-93, Standard Practice for Description and

Identification of Soils (Visual-Manual Procedure), approved

September 15, 1993:

A)

A soil particle analysis satisfying the requirements of subsection

(c)(2)(A) above of this Section; and

B)

Either:

i)

A pump test or equivalent to determine the yield of the

geologic material. Methodology, assumptions and any

calculations performed shall be submitted as part of the

site classification completion report. If the aquifer

geometry and transmissivity have been obtained through a

site-specific field investigation, an analytical solution may

be used to estimate well yield. The Licensed Professional

Engineer shall demonstrate the appropriateness of the

analytical solution to estimate well yield versus an actual

field test. Well yield should be determined for either

confined or unconfined formations. Once the yield has

been determined site-specifically, the hydraulic

conductivity shall be calculated; or

C)

ii)

Hydraulic conductivity shall be determined in accordance

with subsection (c)(3) above of this Section. Once the

hydraulic conductivity has been determined site-

specifically, the yield shall be calculated.

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50

C)

If representative samples of each stratigraphic unit are collected

for soil property testing by the use of thin-walled tube sampling,

an additional soil boring must be performed for this sampling

within 5 feet of the site classification boring. Thin-walled tube

sampling must be conducted in accordance with ASTM Method

D 1587-83, or other Agency approved method. The boring from

which the thin-walled tubes are collected must be logged in

accordance with the requirements of 35 Ill. Adm. Code

732.308(a).

3)

The results of the boring(s) and tests described in subsections (d)(1) and

(d)(2) above of this Section shall be used to demonstrate whether the

native material from the invert elevation of the most shallow UST to 15

feet below the invert elevation of the deepest UST first 15 feet of native

material below the invert elevation of the UST meets all of the following

criteria:

A)

Does not contain unconsolidated sand, gravel or sand and gravel

that is 5 feet or more in thickness with 12 percent or less fines

(i.e., fines that pass through a No. 200 sieve tested according to

ASTM (American Society for Testing and Materials) Standard D

2488-902487-93, "Standard Practice for Description and

Identification of Soils (Visual-Manual Procedure)Standard Test

Method for Classification of Soils for Engineering Purposes,"

incorporated by reference at Section 732.104 of this Part), or

other Agency approved method);

B)

Does not contain sandstone that is 10 feet or more in thickness,

or fractured carbonate that is 15 feet or more in thickness; and

C)

Is not capable of sustained groundwater yield, from up to a 12

inch borehole, of 150 gallons per day or more from a thickness

of 15 feet or less; and:

i)

Sustained groundwater yield, from up to a 12 inch

borehole, of 150 gallons per day or more from a thickness

of 15 feet or less; or

ii)

Hydraulic conductivity of 1 x 10

-4

cm/sec or greater.

D)

Is not capable of hydraulic conductivity of 1 x 10

-4

cm/sec or

greater.

e)

If, during the completion of the requirements of subsections (c) or (d) above of

this Section, a Licensed Professional Engineer determines that the site geology

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51

is not consistent with areas D, E, F or G of the Illinois State Geological Survey

Circular (1984) entitled, "Potential for Contamination of Shallow Aquifers in

Illinois," incorporated by reference in Section 732.104 of this Part or that the

criteria of subsection (d)(3) are not satisfied, any remaining steps required by

subsections (c) or (d) may be suspended, provided that the soil investigation has

been sufficient to satisfy the requirements of subsection (g) below of this

Section. If activities are suspended under this subsection (e), the Licensed

Professional Engineer shall complete the requirements of subsections (f) through

(j) below of this Section in order to determine whether the site is "High

Priority" or "Low Priority." The site conditions upon which the suspension of

the requirements of subsections (c) or (d) above of this Section is based shall be

documented in the site classification completion report.

f)

Survey of Water Supply Wells

1)

The Licensed Professional Engineer shall conduct a survey of water

supply wells for the purpose of identifying and locating all community

water supply wells within 2500 feet of the UST system and all potable

water supply wells within 200 feet of the UST system. The survey shall

include, but not be limited to, contacting the Illinois State Geological

Survey and the Illinois State Water Survey. The local unit of

government with authority over the site shall be contacted to determine if

there is a local ordinance or policy regulating the usage of potable water

supply wells.

2)

The Licensed Professional Engineer shall provide a map to scale

showing the locations of all community water supply wells and all

potable water supply wells identified pursuant to subsection (f)(1) above

of this Section. Radii of 200, 400, and 1000, and 2500 feet from the

UST system shall be marked on the map.

3)

The Licensed Professional Engineer shall provide a table indicating the

setback zone for each community water supply well and potable water

supply well identified pursuant to subsection (f)(1) above of this Section

and the distance from the UST system to the well. The locations of each

well shall be identified on the map by numbers corresponding to the

information provided in the table.

4)

The Licensed Professional Engineer shall determine if the UST system is

within the regulated recharge area of any community water supply well

or potable water supply well. The sources consulted in making this

determination shall be described in the site classification completion

report.

g)

Investigation of Migration Pathways

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52

1)

The Licensed Professional Engineer shall conduct an investigation either

separately or in conjunction with the physical soil classification to

identify all potential natural and man-made migration pathways that are

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

surrounding the site that may be adversely affected as a result of the

release of petroleum from the UST system. Once the migration

pathways have been identified, the areas along all such pathways shall be

further investigated in a manner sufficient to determine whether or not

there is evidence that migration of petroleum or vapors along such

pathways:

A)

May potentially threaten human health or human safety; or

B)

May cause explosions in basements, crawl spaces, utility

conduits, storm or sanitary sewers, vaults or other confined

spaces.

2)

The Licensed Professional Engineer shall provide a map of the site and

any surrounding areas that may be adversely affected by the release of

petroleum from the UST system. At a minimum, the map shall be to

scale, oriented with north at the top, and shall show the location of the

leaking UST system(s) with any associated piping and all potential

natural and man-made pathways that are on the site, in rights-of-way

attached to the site, or that are in areas that may be adversely affected as

a result of the release of petroleum.

3)

Unless the Agency's review reveals objective evidence to the contrary,

the Licensed Professional Engineer shall be presumed correct when

certifying whether or not there is evidence that, through natural or man-

made pathways, migration of petroleum or vapors:

A)

May potentially threaten human health or human safety; or

B)

May cause explosions in basements, crawl spaces, utility

conduits, storm or sanitary sewers, vaults or other confined

spaces.

h)

The Licensed Professional Engineer shall verify whether Class III groundwater

exists within 200 feet of the UST system.

i)

The Licensed Professional Engineer shall locate all surface bodies of water on

site and within 100 feet of the site and provide a map noting the locations. All

such surface bodies of water shall be inspected to determine whether they have

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53

been adversely affected by the presence of a sheen or free product layer

resulting from the release of petroleum from the UST system.

j)

Groundwater Investigation

1)

For any site that fails to satisfy the requirements for a "No Further

Action" site classification, the For sites at which such investigation is

required pursuant to this Part, the Licensed Professional Engineer shall

perform a groundwater investigation as required under this Part in

accordance with this subsection (j) to determine whether an applicable

indicator contaminant groundwater quality standard has been exceeded at

the property boundary or 200 feet from the excavationUST system,

whichever is less, as a result of the UST release of petroleum.

2)

Applicable indicator contaminants and groundwater quality standards

shall be those identified pursuant to Sections 732.310 and 732.311 of

this Part.

3)

Except as provided in subsection (j)(6), a A minimum of four

groundwater monitoring wells shall be installed at the property boundary

or 200 feet from the UST system, whichever is less. In the event that a

groundwater monitoring well cannot be physically installed at the

property line or 200 feet from the UST system, whichever is closer, in

accordance with this subsection, the owner or operator shall request

approval from the Agency to place the well further out, but at the closest

practical point to the compliance point. The owner or operator may

elect to place a monitoring well in a location that is closer to the UST

system than the rule requires. However, once the election is made the

owner or operator may not withdraw the election at a later time. The

Agency may require the installation of additional monitoring wells to

ensure that at least one monitoring well is located hydraulically

upgradient and three monitoring wells are located hydraulically

downgradient of the UST system. The wells must be installed so that

they provide the greatest likelihood of detecting migration of

groundwater contamination. At a minimum, monitoring well

construction shall satisfy the following requirements:

A)

Construction shall be in a manner that will enable the collection

of representative groundwater samples;

B)

All monitoring wells shall be cased in a manner that maintains

the integrity of the borehole. Casing material shall be inert so as

not to affect the water sample. Casing requiring solvent-cement

type couplings shall not be used;

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54

C)

Wells shall be screened to allow sampling only at the desired

interval. Annular space between the borehole wall and well

screen section shall be packed with clean, well-rounded and

uniform material sized to avoid clogging by the material in the

zone being monitored. The slot size of the screen shall be

designed to minimize clogging. Screens shall be fabricated from

material that is inert with respect to the constituents of the

groundwater to be sampled;

D)

Annular space above the well screen section shall be sealed with

a relatively impermeable, expandable material such as

cement/bentonite grout, which does not react with or in any way

affect the sample, in order to prevent contamination of

groundwater samples and groundwater and avoid

interconnections. The seal shall extend to the highest known

seasonal groundwater level;

E)

The annular space shall be backfilled with expanding cement

grout from an elevation below the frost line and mounded above

the surface and sloped away from the casing so as to divert

surface water away;

F)

All monitoring wells shall be covered with vented caps and

equipped with devices to protect against tampering and damage.

Locations of wells shall be clearly marked and protected against

damage from vehicular traffic or other activities associated with

expected site use; and

G)

All wells shall be developed to allow free entry of water,

minimize turbidity of the sample, and minimize clogging.

4)

Monitoring well construction diagrams prescribed and provided by the

Agency or diagrams using a similar format and containing the same

information shall be completed for each monitoring well.

5)

Static water elevations shall be measured for each monitoring well.

Groundwater samples shall be taken from each well and analyzed for the

applicable indicator contaminants. The data collected shall be used to

determine the direction of groundwater flow and whether the applicable

groundwater quality standards or clean-up objectives have been

exceeded. Samples shall be collected and analyzed in accordance with

the following procedures:

A)

Samples shall be collected in accordance with the procedures set

forth in the documents "Methods for Chemical Analysis of Water

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55

and Wastes," "Methods for the Determination of Organic

Compounds in Drinking Water," "Practical Guide for Ground-

Water Sampling," "Test Methods for Evaluating Solid Wastes,

Physical/Chemical Methods," or "Techniques of Water Resources

Investigations of the United States Geological Survey, Guidelines

for Collection and Field Analysis of Ground-Water Samples for

Selected Unstable Constituents," as appropriate for the applicable

indicator contaminants or groundwater objectives and as

incorporated by reference at Section 732.104 of this Part.

B)

Groundwater elevation in a groundwater monitoring well shall be

determined and recorded to establish the gradient of the

groundwater table.

C)

The analytical methodology used for the analysis of the indicator

contaminants shall be consistent with both of the following:

i)

The methodology shall have a practical quantitation limit

(PQL) at or below the objectives or detection levels of

Appendix B set forth in 35 Ill. Adm. Code 742 or as set

for mixtures or degradation products as provided in

Section 732.310 of this Part; and

ii)

The methodology must be consistent with the

methodologies contained in "Methods for Chemical

Analysis of Water and Wastes," "Methods for the

Determination of Organic Compounds in Drinking

Water," "Practical Guide for Ground-Water Sampling,"

"Test Methods for Evaluating Solid Wastes,

Physical/Chemical Methods," and "Techniques of Water

Resources Investigations of the United States Geological

Survey, Guidelines for Collection and Field Analysis of

Ground-Water Samples for Selected Unstable

Constituents," as incorporated by reference at Section

732.104, or other Agency approved methods.

D)

In addition to analytical results, sampling and analytical reports

shall contain the following information:

i)

Sample collection information including but not limited to

the name of sample collector, time and date of sample

collection, method of collection, and monitoring location;

ii)

Sample preservation and shipment information including

but not limited to field quality control;

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56

iii)

Analytical procedures including but not limited to the

method detection limits and the practical quantitation

limits (PQL);

iv)

Chain of custody and control; and

v)

Field and lab blanks.

6)

As an alternative to the installation of monitoring wells under subsection

(j)(3), the Licensed Professional Engineer may demonstrate to the

Agency through a site-specific evaluation that the groundwater

monitoring should not be required.

A)

The evaluation shall be based on a demonstration of the following

factors:

i)

Whether groundwater is present within the depth of the

boring used to perform physical soil classification under

the selected method (Method One under subsection (c) or

Method Two under subsection (d));

ii)

Whether groundwater is withdrawn for potable use within

1000 feet of the UST system and at what depths; and

iii)

Whether seasonal fluctuation in groundwater could result

in groundwater contacting contaminated soil (e.g.,

historical records).

B)

The presence or absence of a water bearing unit under subsection

(j)(6)(A)(i) of this Section shall be determined on the basis of at

least one soil boring to the depth necessary to perform physical

soil classification under the selected method (Method One under

subsection (c) or Method Two under subsection (d)), unless auger

refusal occurs because of the density of a geologic material or

because bedrock is encountered. If auger refusal occurs, then the

Licensed Professional Engineer must demonstrate the depth to a

water bearing unit from the available site specific or regional

information.

C)

If the evaluation fails to demonstrate to the Agency that a

groundwater investigation should not be required as part of site

classification activities, then the Licensed Professional Engineer

shall perform a groundwater investigation in accordance with the

remainder of this subsection (j).

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D)

If the evaluation demonstrates to the Agency that a groundwater

investigation should not be required, then the site shall be

classified as Low Priority, unless other High Priority criteria are

present. Upon Agency approval of the evaluation to demonstrate

that a groundwater investigation should not be required, then the

site shall be classified as Low Priority and a No Further

Remediation Letter shall be issued to the owner or operator of the

site, unless other High Priority criteria are present.

(Source: Amended at 21 Ill. Reg. _______, effective _________)

Section 732.308

Boring Logs and Sealing of Soil Borings and Groundwater Monitoring Wells

a)

Soil boring logs shall be kept for all soil borings. The logs shall be submitted

along with the site classification completion report and shall be on forms

prescribed and provided by the Agency or in a similar format containing the

same information.

1)

Soil boring logs shall contain the following information at a minimum:

A)

Sampling device, sample number and amount of recovery;

B)

Total depth of boring to the nearest 6 inches;

C)

Detailed field observations describing materials encountered in

boring, including soil constituents, consistency, color, density,

moisture, odors, and the nature and extent of sand or gravel

lenses or seams equal to or greater than 1 inch in thickness;

D)

Petroleum hydrocarbon vapor readings (as determined by

continuous screening of borings with field instruments capable of

detecting such vapors);

E)

Locations of sample(s) used for physical or chemical analysis;

and

F)

Groundwater levels while boring and at completion.

2)

Boring logs for soil boring(s) completed for physical soil classification

also shall include the following information, as applicable for the

classification method chosen, for each stratigraphic unit encountered at

the site:

A)

Moisture content;

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58

B)

Unconfined compression strength in tons per square foot (TSF)

using a hand penetrometer; and

C)

Unified Soil Classification System (USCS) soil classification

group symbol in accordance with ASTM Standard D 2487-9093,

"Standard Test Method for Classification of Soils for Engineering

Purposes," incorporated by reference in Section 732.104 of this

Part, or other Agency approved method.; and

D)

The reasoning behind the Licensed Professional Engineer’s

decision to perform or not perform soil testing pursuant to

Section 732.307(c)(2) and (d)(2) of this Part as to each identified

stratigraphic unit.

b)

Boreholes and monitoring wells shall be abandoned pursuant to regulations

promulgated by the Illinois Department of Public Health at 77 Ill. Adm. Code

920.120.

(Source: Amended at 21 Ill. Reg. _______, effective _________)

Section 732.309

Site Classification Completion Report

a)

Within 30 days after the completion of a site evaluation in accordance with

Section 732.307, the owner or operator shall submit to the Agency a site

classification completion report addressing all applicable elements of the site

evaluation. The report shall contain all maps, diagrams, and any other

information required by Section 732.307, as well as the results or conclusions of

all surveys and investigations and any documentation necessary to demonstrate

those results or conclusions. The report shall be submitted on forms prescribed

and provided by the Agency or in a similar format containing the same

information, shall be signed by the owner or operator, and shall contain the

certification of a Licensed Professional Engineer of the site's classification as

"No Further Action," "Low Priority" or "High Priority" in accordance with this

Subpart C.

b)

The Agency shall have the authority to review and approve, reject or require

modification of any report submitted pursuant to this Section in accordance with

the procedures contained in Subpart E of this Part.

(Source: Amended at 21 Ill. Reg. _______, effective _________)

Section 732.310

Indicator Contaminants

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a)

For purposes of this Part, the term "indicator contaminants" shall mean the

parameters listed in subsections (b) through (g) below of this Section.

b)

For gasoline, including but not limited to leaded, unleaded, premium and

gasohol, the indicator contaminants shall be benzene, ethylbenzene, toluene and

total xylenes. For leaded gasoline, lead shall also be an indicator contaminant.

c)

For aviation turbine fuels, jet fuels, diesel fuels, gas turbine fuel oils, heating

fuel oils, illuminating oils, kerosene, lubricants, liquid asphalt and dust laying

oils, cable oils, crude oil, crude oil fractions, petroleum feedstocks, petroleum

fractions and heavy oils, the indicator contaminants shall be benzene,

ethylbenzene, toluene, total xylenes and the polynuclear aromatics listed in

Appendix A. For leaded aviation turbine fuels, lead shall also be an indicator

contaminant.

d)

For transformer oils the indicator contaminants shall be benzene, ethylbenzene,

toluene, total xylenes, the polynuclear aromatics listed in Appendix B and the

polychlorinated biphenyl parameters listed in Appendix B.

e)

For hydraulic fluids the indicator contaminants shall be benzene, ethylbenzene,

toluene, total xylenes the polynuclear aromatics listed in Appendix B and

barium.

f)

For petroleum spirits, mineral spirits, Stoddard solvents, high-flash aromatic

naphthas, moderately volatile hydrocarbon solvents and petroleum extender oils,

the indicator contaminants shall be the volatile, base/neutral and polynuclear

aromatic parameters listed in Appendix B. The Agency may add degradation

products or mixtures of any of the above pollutants in accordance with 35 Ill.

Adm. Code 620.615.

g)

For used oil the indicator contaminants shall be determined by the results of a

used oil soil sample analysis. Prior to the submission of a site classification

plan the owner or operator shall collect a grab sample from a location

representative of soil contaminated by a release from the used oil UST. If an

area of contamination cannot be identified, the sample shall be collected from

beneath the used oil UST. The sample shall be analyzed for:

1)

All volatile, base/neutral, polynuclear aromatic and metal parameters

listed at Appendix B and any other parameters the Licensed Professional

Engineer suspects may be present based on UST usage. The Agency

may add degradation products or mixtures of any of the above pollutants

in accordance with 35 Ill. Adm. Code 620.615.

2)

The used oil indicator contaminants shall be those volatile, base/neutral,

polynuclear aromatic and metal parameters listed at Appendix B or as

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60

otherwise identified at subsection (a) above (g)(1) of this Section that

exceed their cleanup remediation objective at Appendix B 35 Ill. Adm.

Code 742 or as determined by the Agency in addition to benzene,

ethylbenzene, toluene, total xylenes and PNAs.

3)

If none of the parameters exceed their cleanup remediation objective, the

used oil indicator contaminants shall be benzene, BETX ethylbenzene,

toluene and total xylenes and the polynuclear aromatics listed in

Appendix B.

(Source: Amended at 21 Ill. Reg. _____, effective _____________)

Section 732.311

Indicator Contaminant Groundwater Objectives

For purposes of this Part, indicator contaminant groundwater quality standards shall be the

groundwater objectives specified in Appendix B 35 Ill. Adm. Code 742 for the applicable

indicator contaminants. For mixtures and degradation products that have been included as

indicator contaminants in accordance with Section 732.310 of this Part, the Agency shall

determine groundwater objectives on a site-by-site basis.

(Source: Amended at 21 Ill. Reg. _______, effective _________)

Section 732.312 Classification by Exposure Pathway Exclusion

a)

An owner or operator electing to classify a site by exclusion of human exposure

pathways under 35 Ill. Adm. Code 742, Subpart C or I shall meet the

requirements of this Section.

1)

Such election shall be made in writing by the owner or operator as part

of the submission of the site classification plan under subsection (c) of

this Section. The election may be made at any time until the Agency

issues a No Further Remediation Letter.

2)

An owner or operator who chooses to revoke an election submitted under

subsection (c) of this Section shall do so in writing.

b)

Upon completion of early action requirements pursuant to Subpart B of this

Part, the owner or operator shall determine whether the areas or locations

addressed under early action (e.g., backfill) meet the requirements applicable

for a Tier 1 evaluation pursuant to 35 Ill. Adm. Code 742, Subpart E.

1)

If the remediation objectives have been met, the owner or operator shall

submit a corrective action completion report demonstrating compliance

with the required levels.

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61

2)

If the remediation objectives have not been met, evaluation shall

continue in accordance with subsection (c) of this Section.

c)

If, upon completion of early action requirements pursuant to Subpart B of this

Part, the requirements under subsection (b) of this Section have not been met,

then the owner or operator, prior to conducting any site evaluation activities,

shall submit to the Agency a site classification plan including, but not limited

to, a physical soil classification, contaminant identification, and groundwater

investigation plan (if applicable in accordance with Section 732.300(b)(1)),

satisfying the minimum requirements for site evaluation activities as set forth in

this Section. Site classification plans shall be submitted on forms prescribed

and provided by the Agency. The plans shall be designed to:

1)

Determine the full extent of soil or groundwater contamination

exceeding remediation objectives for Tier 1 sites under 35 Ill. Adm.

Code 742, Subpart E. Such activities may include soil borings with

sampling and analysis, groundwater monitoring wells with sampling and

analysis, groundwater modeling, or a combination of these activities.

2)

Collect data sufficient to determine which, if any, of the applicable

exposure routes under 35 Ill. Adm. Code 742 can be excluded pursuant

to 35 Ill. Adm. Code 742, Subpart C or I.

d)

A Licensed Professional Engineer (or, where appropriate, persons working

under the direction of a Licensed Professional Engineer) shall conduct the site

evaluation. The results of the site evaluation shall provide the basis for

determining the site classification. The site classification shall be certified by

the supervising Licensed Professional Engineer.

e)

As a part of each site evaluation, the Licensed Professional Engineer shall

conduct physical soil classification and contaminant identification in accordance

with the procedures at subsection (c) of this Section.

f)

In addition to the plan required in subsection (c) of this Section and prior to

conducting any site evaluation activities, any owner or operator intending to

seek payment from the Fund shall submit to the Agency:

1)

An application for payment of costs associated with eligible early action

costs incurred pursuant to Subpart B of this Part, except as provided in

subsection (f)(2) of this Section; and

2)

A site classification budget plan, which shall include, but not be limited

to, a copy of the eligibility and deductibility determination of the OSFM

and a line item estimate of all costs associated with the development,

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62

implementation and completion of the site evaluation activities required

under subsection (c) of this Section.

g)

Sites shall be classified as No Further Action if all applicable exposure routes

can be excluded from further consideration pursuant to 35 Ill. Adm. Code 742,

Subpart C or I.

h)

Sites shall be classified as High Priority if any of the applicable exposure routes

cannot be excluded from further consideration pursuant to 35 Ill. Adm. Code

742, Subpart C or I.

i)

Within 30 days after the completion of a site evaluation in accordance with this

Section, the owner or operator shall submit to the Agency a site classification

completion report addressing all applicable elements of the site evaluation. The

report shall contain all maps, diagrams, and any other information required by

this Section, as well as the results or conclusions of all surveys and

investigations and any documentation necessary to demonstrate those results or

conclusions. The report shall be submitted on forms prescribed and provided by

the Agency, shall be signed by the owner or operator, and shall contain the

certification of a Licensed Professional Engineer of the site's classification as

No Further Action, or High Priority in accordance with this Section. For any

site classified as High Priority, the report shall also contain the certification of a

Licensed Professional Engineer as to which exposure routes, if any, have been

excluded from further consideration under 35 Ill. Adm. Code 742, Subpart C.

j)

The Agency shall have the authority to review and approve, reject or require

modification of any plan or report submitted pursuant to this Section in

accordance with the procedures contained in Subpart E of this Part.

k)

Notwithstanding subsections (c) and (f) of this Section, an owner or operator

may proceed to conduct site evaluation activities in accordance with this Section

prior to the submittal or approval of any otherwise required site classification

plan and associated budget plans. However, any plan shall be submitted to the

Agency for review and approval in accordance with the procedures contained in

Subpart E prior to receiving payment or reimbursement for any related costs or

the issuance of a No Further Remediation Letter.

l)

If, following the approval of any site classification plan, an owner or operator

determines that revised procedures or cost estimates are necessary in order to

comply with the minimum required activities for the site, the owner or operator

shall submit, as applicable, an amended site classification plan or associated

budget plan for review by the Agency. The Agency shall have the authority to

review and approve, reject or require modification of the amended plan in

accordance with the procedures contained in Subpart E of this Part.

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63

BOARD NOTE: Owners or operators proceeding under subsection (a)(2) or (k) of this

Section are advised that they may not be entitled to full payment or reimbursement.

Furthermore, owners or operators may only be reimbursed for one method of site

classification. See Subpart F of this Part.

(Source: Added at 21 Ill. Reg. ______________, effective ____________________________)

SUBPART D: CORRECTIVE ACTION

Section 732.400

General

a)

Following approval of the site evaluation and classification by the Agency or by

operation of law pursuant to Subpart C of this Part and except as provided in

subsection (b) or (c) below of this Section, the owner or operator of an UST

system subject to the requirements of this Part shall develop and submit a

corrective action plan and perform corrective action activities in accordance

with the procedures and requirements contained in this Subpart D.

b)

Owners or operators of sites classified in accordance with the requirements of

Subpart C as "No Further Action" may choose to conduct remediation

 

sufficient

to satisfy the remediation objectives referenced in Section 732.408 of this Part.

c)

Owners or operators of sites classified in accordance with the requirements of

Subpart C as "Low Priority" may choose to conduct remediation sufficient to

satisfy the remediation objectives referenced in Section 732.408 of this Part.

Any owner or operator choosing to conduct remediation sufficient to satisfy the

remediation objectives in Section 732.408 of this Part shall so notify the Agency

in writing prior to conducting such efforts. Upon completion of the remediation

activities, owners or operators choosing to conduct remediation sufficient to

satisfy the remediation objectives in Section 732.408 of this Part shall submit a

corrective action completion report to the Agency demonstrating compliance

with the required levels. Upon approval of the corrective action completion

report by the Agency or by operation of law in accordance with Subpart E, a

"No Further Remediation” Lletter shall be issued by the Agency.

BOARD NOTE: Owners or operators proceeding under subsection (b) or (c) above of

this Section are advised that they may not be entitled to full payment or reimbursement.

See Subpart F of this Part.

(Source: Amended at 21 Ill. Reg. _____, effective _________________)

Section 732.402

"No Further Action" Site

The owner or operator of a site that has been certified as a "No Further Action" site by a

Licensed Professional Engineer and approved as such by the Agency or by operation of law

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64

shall have no additional remediation responsibilities beyond those performed pursuant to

Subparts B or C of this Part. Unless the Agency takes action to reject or modify the site

classification completion report within 120 days after receipt of the completion report pursuant

to Section 732.309, or Section 732.312, the site classification completion report is rejected by

operation of law. the Agency shall issue to the owner or operator within 120 days after the

receipt of a complete report a "No Further Remediation" letter in accordance with Section

732.410.

(Source: Amended at 21 Ill. Reg. _____, effective _________________)

Section 732.403

"Low Priority" Site

a)

The owner or operator of a site that has been certified as a "Low Priority" site

by a Licensed Professional Engineer and approved as such by the Agency or by

operation of law shall develop a groundwater monitoring plan and perform

groundwater monitoring in accordance with the requirements of this Section.

b)

The owner or operator of a site certified as "Low Priority" by a Licensed

Professional Engineer and approved as such by the Agency or by operation of

law shall develop a groundwater monitoring plan designed to satisfy the

following requirements at a minimum:

1)

Groundwater monitoring shall be conducted for a period of three years

following the Agency's approval of the site classification, unless

subsection (b)(6) or subsection (i) of this Section applies;

2)

Groundwater monitoring wells shall be placed at the property line or 200

feet from the UST system, whichever is closer. The wells shall be

placed in a configuration designed to provide the greatest likelihood of

detecting migration of groundwater contamination. In the event that a

groundwater monitoring well cannot physically be installed at the

property line or 200 feet from the UST system, whichever is closer, in

accordance with this subsection (b)(2), the owner or operator shall

request approval from the Agency to place the well further out, but at

the closest practical point to the compliance point. The owner or

operator may elect to place a monitoring well in a location that is closer

to the UST system than the rule requires. However, once the election is

made the owner or operator may not withdraw the election at a later

time;

3)

Groundwater monitoring wells shall satisfy the requirements at Sections

732.307(j)(3) and 732.307(j)(4) of this Part;

4)

During the first year of groundwater monitoring, samples from each well

shall be collected and analyzed on a quarterly basis. During the second

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65

year of groundwater monitoring, samples from each well shall be

collected and analyzed during the second and fourth quarters. During

the third and final year of groundwater monitoring, at a minimum,

samples from each well shall be collected and analyzed in the fourth

quarter;

5)

To determine whether groundwater quality standards or Agency

approved objectives have been exceeded, samples for groundwater

monitoring shall be collected and analyzed in accordance with the

procedures set forth in Section 732.307(j)(5) of this Part for the

applicable indicator contaminants determined pursuant to Section

732.310 of this Part.;

6)

The owner or operator may use groundwater monitoring data that has

been collected up to 3 years prior to the site being certified as Low

Priority, if the data meets the requirements of subsections (b)(2) through

(b)(5) of this Section. This data may be used to satisfy all or part of the

three year period of groundwater monitoring required under this Section.

c)

Prior to the implementation of groundwater monitoring, except as provided

under subsection (b)(6) of this Section, the owner or operator shall submit the

groundwater monitoring plan to the Agency for review in accordance with

Section 732.405. If the owner or operator intends to seek payment from the

Fund, a groundwater monitoring budget plan also shall be submitted to the

Agency for review. The groundwater monitoring budget plan shall include a

line item estimate of all costs associated with the implementation and

completion of the groundwater monitoring plan. Groundwater monitoring plans

and budgets shall be submitted on forms prescribed and provided by the Agency

or in a similar format containing the same information.

d)

Groundwater analysis results obtained pursuant to subsection (b) above of this

Section shall be submitted to the Agency within 30 days after the end of each

annual sampling period on forms prescribed and provided by the Agency,

except as provided under subsection (b)(6) of this Section. Groundwater

analysis data being used pursuant to subsection (b)(6) shall be submitted to the

Agency as part of a Low Priority groundwater monitoring plan or the Low

Priority groundwater monitoring completion report or in a similar format

containing the same information.

1)

The information to be collected shall include but not be limited to the

information set forth in Section 732.307(j)(5) of this Part.

2)

If at any time the groundwater analysis results indicate a confirmed

exceedence of the applicable indicator contaminant groundwater quality

standards or Agency approved objectives as a result of the underground

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66

storage tank release of petroleum, the owner or operator shall notify the

Agency of the exceedence within 30 days and provide supporting

documentation of the nature and extent of the exceedence.

3)

Indicator contaminant groundwater quality standards shall be determined

in accordance with Section 732.311 of this Part.

e)

Within 30 days after the completion of the "Low Priority" groundwater

monitoring plan, the owner or operator shall submit to the Agency a

groundwater monitoring completion report in accordance with Section 732.409

of this Part. If there is no confirmed exceedence of applicable indicator

contaminant objectives during the three year groundwater monitoring period,

the report shall contain a certification to that effect by a Licensed Professional

Engineer.

f)

The Agency shall review the groundwater monitoring completion report in

accordance with the procedures set forth in Subpart E of this Part and shall issue

a "No Further Remediation” Lletter to the owner or operator in accordance with

Section 732.410 Subpart G upon approval of the report by the Agency or by

operation of law. If the owner or operator elects to appeal an Agency action to

disapprove, modify, or reject by operation of law a Low Priority groundwater

monitoring completion report, the Agency shall indicate to the Board in

conjunction with such appeal whether it intends to reclassify the site as High

Priority.

g)

If at any time groundwater analysis results indicate a confirmed exceedence of

applicable indicator contaminant objectives, the Agency may reclassify the site

as a "High Priority" site within 60 days after the receipt of an annual

groundwater sampling report, a groundwater monitoring completion report, or a

notification by the owner or operator pursuant to subsection (d)(2) above. any

time before the Agency's final approval of a Low Priority groundwater

monitoring completion report. The Agency shall notify the owner or operator

in writing if a site is reclassified. Notice of reclassification shall be by

registered or certified mail, post marked with a date stamp and with return

receipt requested. Final action shall be deemed to have taken place on the post

marked date that such notice is mailed. Any action by the Agency to reclassify

the site as a "High Priority" site shall be subject to appeal to the Board within

35 days after the Agency's final action in the manner provided for in the review

of permit decisions in Section 40 of the Act.

h)

The owner or operator of a "Low Priority" site reclassified to "High Priority"

pursuant to subsection (g) above of this Section shall develop and submit for

Agency approval a "High Priority" corrective action plan satisfying the

requirements of Section 732.404 of this Part within 120 days after receiving the

notice of reclassification. If the owner or operator intends to seek

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67

reimbursement from the Fund, a corrective action plan budget also shall be

submitted within 120 days after receiving the notice of reclassification.

i)

As a result of the demonstration under Section 732.307(j)(6), the owner or

operator of a site classified as Low Priority by a Licensed Professional

Engineer.

1)

Shall prepare a report in accordance with Section 732.409 of this Part,

which supports the issuance of a No Further Remediation Letter or

reclassification of the site as a High Priority site.

2)

In the event the site is reclassified as a High Priority site, the owner or

operator shall develop and submit for Agency approval a High Priority

corrective action plan in accordance with Section 732.403(h).

(Source: Amended at 21 Ill. Reg. _______, effective _________)

Section 732.404

"High Priority" Site

a)

The owner or operator of a site that has been certified by a Licensed

Professional Engineer as a "High Priority" site and approved as such by the

Agency or by operation of law shall develop a corrective action plan and

perform corrective action in accordance with the requirements of this Section.

The purpose of the corrective action plan shall be to remediate or eliminate each

of the criteria set forth in subsection (b) below of this Section that caused the

site to be classified as "High Priority."

b)

The owner or operator of a site certified as "High Priority" by a Licensed

Professional Engineer and approved as such by the Agency or by operation of

law or reclassified as "High Priority" by the Agency pursuant to Section

732.403(g) shall develop a corrective action plan based on site conditions and

designed to achieve the following as applicable to the site:

1)

For sites submitting a site classification report under Section 732.309:

1)A)

Provide that, after complete performance of the corrective action

plan, applicable indicator contaminant objectives are not

exceeded at the property boundary line or 200 feet from the UST

system, whichever is less, as a result of the underground storage

tank release for any indicator contaminant identified in the

groundwater investigation. If off-site sampling is included within

an approved corrective action plan and if an adjoining property

owner will not allow the owner or operator access to his or her

property so as to ascertain information sufficient to satisfy this

requirement or if the owner cannot be located, adequate

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documentation of the owner or operators' efforts to gain access to

the property shall satisfy this subsection (b)(1)(A);

2)B)

Provide that, after complete performance of the corrective action

plan, Class III special resource groundwater quality standards for

Class III special resource groundwater within 200 feet of the UST

system are not exceeded as a result of the underground storage

tank release for any indicator contaminant identified in the

groundwater investigation;

3)C)

Remediate threats due to the presence or migration, through

natural or manmade pathways, of petroleum in concentrations

sufficient to harm human health or human safety or to cause

explosions in basements, crawl spaces, utility conduits, storm or

sanitary sewers, vaults or other confined spaces;

4)D)

Remediate threats to potable water supplies; and

5)E)

Remediate threats to bodies of surface water.

2)

For sites submitting a site classification completion report under Section

732.312, provide that, after complete performance of the corrective

action plan, the concentrations of applicable indicator contaminants meet

the remediation objectives developed under Section 732.408 for any

applicable exposure route not excluded from consideration under Section

732.312.

3)

Where there has been no reliance on an engineered barrier to achieve

compliance with remediation objectives developed under Section

732.408, compliance with remediation objectives shall be demonstrated

as follows:

A)

For groundwater remediation objectives:

i)

Except as provided in subsection (ii) of this Section, or

Section 732.307(j)(3) where there is a separate sampling

point agreed to by the Agency, sampling points shall be

located at the property boundary line or 200 feet from the

UST system, whichever is less.

ii)

If an institutional control prohibiting the use of

groundwater as a potable supply is obtained under 35 Ill.

Adm. Code 742.Subpart J, sampling points shall be

located at the property boundary line.

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iii)

Compliance with groundwater remediation objectives at

applicable sampling points shall be determined in

accordance with 35 Ill. Adm. Code 742.225.

B)

For soil remediation objectives:

i)

Following site classification under this Part, sampling

points shall be located on the site in areas where

concentrations of indicator contaminants exceeded

remediation objectives.

ii)

Compliance with soil remediation objectives at applicable

sampling points shall be determined in accordance with 35

Ill. Adm. Code 742.225.

4)

Where an engineered barrier has been relied upon to achieve compliance

with remediation objectives developed under Section 732.408,

compliance shall be determined based on approval by the Agency of the

sufficiency of the engineered barrier.

c)

In developing the corrective action plan, if the Licensed Professional Engineer

selects soil or groundwater remediation, or both, to satisfy any of the criteria set

forth in subsection (b) above of this Section, remediation objectives shall be

determined in accordance with Section 732.408 of this Part. Groundwater

monitoring wells shall satisfy the requirements of Sections 732.307(j)(3) and

732.307(j)(4) of this Part.

d)

Except where provided otherwise pursuant to Section 732.312, in In developing

the corrective action plan, additional investigation activities beyond those

required for the site evaluation and classification may be necessary to determine

the full extent of soil or groundwater contamination and of threats to human

health or the environment. Such activities may include, but are not limited to,

additional soil borings with sampling and analysis or additional groundwater

monitoring wells with sampling and analysis. Such activities as are technically

necessary and consistent with generally accepted engineering practices may be

performed without submitting a work plan or receiving prior approval from the

Agency, and associated costs may be included in a "High Priority" corrective

action budget plan. A description of these activities and the results shall be

included as a part of the corrective action plan.

e)

The owner or operator shall submit the corrective action plan to the Agency for

review in accordance with Section 732.405 of this Part. If the owner or

operator intends to seek payment from the Fund, a corrective action plan budget

also shall be submitted to the Agency for review. The corrective action plan

budget shall include a line item estimate of all costs associated with the

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implementation and completion of the corrective action plan. The corrective

action plan and corrective action plan budget shall be submitted on forms

prescribed and provided by the Agency or in a similar format containing the

same information.

f)

Within 30 days after completing the performance of the "High Priority "

corrective action plan, the owner or operator shall submit to the Agency a

corrective action completion report in accordance with Section 732.409 of this

Part.

g)

Within 120 days, the Agency shall review the corrective action completion

report in accordance with the procedures set forth in Subpart E of this Part and

shall issue a "No Further Remediation” Lletter to the owner or operator in

accordance with Section 732.410 Subpart G upon approval by the Agency or by

operation of law.

(Source: Amended at 21 Ill. Reg. _______, effective _________)

Section 732.405

Plan Submittal and Review

a)

Prior to conducting any corrective action activities pursuant to this Subpart D,

the owner or operator shall submit to the Agency a "Low Priority" groundwater

monitoring plan or a "High Priority" corrective action plan satisfying the

minimum requirements for such activities as set forth in Sections 732.403 or

732.404 of this Part, as applicable. Groundwater monitoring and corrective

action plans shall be submitted on forms prescribed and provided by the Agency

or in a similar format containing the same information.

b)

In addition to the plans required in subsection (a) above of this Section and prior

to conducting any groundwater monitoring or corrective action activities, any

owner or operator intending to seek payment from the Fund shall submit to the

Agency a groundwater monitoring or corrective action budget plan. Such

budget plans shall include, but not be limited to, a copy of the eligibility and

deductibility determination of the OSFM and a line item estimate of all costs

associated with the development, implementation and completion of the

applicable activities. Formulation of budget plans should be consistent with the

eligible and ineligible costs listed at Sections 732.605 and 732.606 of this Part.

Groundwater monitoring and corrective action budget plans shall be submitted

on forms prescribed and provided by the Agency or in a similar format

containing the same information.

c)

The Agency shall have the authority to review and approve, reject or require

modification of any plan submitted pursuant to this Section in accordance with

the procedures contained in Subpart E of this Part.

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d)

Notwithstanding subsections (a) and (b) above of this Section and except as

provided at Section 732.407 of this Part, an owner or operator may proceed to

conduct "Low Priority" groundwater monitoring or "High Priority" corrective

action activities in accordance with this Subpart D prior to the submittal or

approval of an otherwise required groundwater monitoring plan or budget or

corrective action plan or budget. However, any such plan shall be submitted to

the Agency for review and approval, rejection or modification in accordance

with the procedures contained in Subpart E of this Part prior to payment or

reimbursement for any related costs or the issuance of a "No Further

Remediation” Lletter.

BOARD NOTE: Owners or operators proceeding under subsection (d) of this Section

are advised that they may not be entitled to full payment or reimbursement. See

Subpart F of this Part.

e)

If, following approval of any groundwater monitoring plan, corrective action

plan or associated budget plan, an owner or operator determines that revised

procedures or cost estimates are necessary in order to comply with the minimum

required activities for the site, the owner or operator shall submit, as applicable,

an amended groundwater monitoring plan, corrective action plan or associated

budget plan for review by the Agency. The Agency shall review and approve,

reject or require modifications of the amended plan in accordance with the

procedures contained in Subpart E of this Part.

(Source: Amended at 21 Ill. Reg. _______, effective _________)

Section 732.406

Deferred Corrective Action; Priority List for Payment

a)

NOTWITHSTANDING ANY OTHER PROVISION OR RULE OF LAW

WITH THE EXCEPTION OF THE early action requirements of Subpart B of

this Part , THE An OWNER OR OPERATOR WHO HAS RECEIVED

APPROVAL FOR SUBMITTED ANY budget BUDGET PLAN SUBMITTED

PURSUANT TO this Part AND WHO IS ELIGIBLE FOR PAYMENT FROM

THE UNDERGROUND STORAGE TANK FUND SHALL BE ELIGIBLE TO

ELECT TO COMMENCE site classification UPON THE AVAILABILITY OF

FUNDS. SUCH ELECTION SHALL BE MADE IN WRITING TO THE

AGENCY WITHIN 30 DAYS OF RECEIPT OF AGENCY APPROVAL OF A

budget PLAN. THE AGENCY SHALL PROVIDE NOTICE TO THE

OWNER OR OPERATOR AT SUCH TIME AS IT APPROVES THE budget

PLAN WHETHER SUFFICIENT RESOURCES ARE AVAILABLE IN

ORDER TO IMMEDIATELY COMMENCE THE APPROVED MEASURES.

MAY ELECT TO DEFER SITE CLASSIFICATION, LOW PRIORITY

GROUNDWATER MONITORING, OR REMEDIATION ACTIVITIES

UNTIL FUNDS ARE AVAILABLE IN AN AMOUNT EQUAL TO THE

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AMOUNT APPROVED IN THE BUDGET PLAN if the requirements of

subsection (b) of this Section are met. (Section 57.8(b) of the Act)

1)

Approvals of budget plans shall be pursuant to Agency review or by

operation of law in accordance with Subpart E of this Part.

2)

The Agency shall monitor the availability of funds to determine whether

sufficient resources exist to provide payment approved budget plans and

shall provide notice to owners or operators of the availability of funds in

accordance with Section 732.503(h). Funds shall not be deemed

available for owners or operators electing to defer corrective action so

long as there are owners or operators on the priority list established

pursuant to Section 732.603(d) of this Part awaiting forwarding of

vouchers to the Office of the State Comptroller.

3)

Upon receiving written notification that an owner or operator elects to

defer corrective action until funds are available, the Agency shall place

the site on a priority list for payment and notification of availability of

sufficient funds. Sites shall enter the priority list for payment and move

up based solely on the date the Agency receives the written notification

election of deferral, with the earliest dates having the highest priority.

The Agency's record of the date of receipt shall be deemed conclusive,

unless a contrary date is proven by a dated, signed receipt from

registered or certified mail.

4)

As funds become available, the Agency shall encumber funds for each

site in the order of priority in an amount equal to the total of the

approved budget plan for which deferral was sought. The Agency shall

then notify owners or operators that sufficient funds have been allocated

for the owner's or operator's site. After such notification the owner or

operator shall commence corrective action.

5)

Authorization of payment of encumbered funds for deferred corrective

action activities shall be approved in accordance with the requirements of

Subpart F of this Part.

6)

The priority list for payment and notification of availability of sufficient

funds shall be the same as that used for deferred site classification

pursuant to Section 732.306 with both types of deferrals entering the list

and moving up solely on the basis of the date the Agency receives

written notice of the deferral.

b)

SHOULD THE AGENCY OR OWNER OR OPERATOR DETERMINE A

THREAT TO HUMAN HEALTH AND/OR THE ENVIRONMENT

REQUIRES IMMEDIATE ACTION, INCLUDING THE EXISTENCE OF

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PETROLEUM OR VAPORS WHICH THREATEN HUMAN HEALTH OR

HUMAN SAFETY OR MAY CAUSE EXPLOSIONS IN BASEMENTS,

CRAWL SPACES, UTILITY CONDUITS, STORM OR SANITARY

SEWERS, VAULTS OR OTHER CONFINED SPACES, THE ELECTION TO

COMMENCE CORRECTIVE ACTION UPON THE AVAILABILITY OF

FUNDS SHALL NOT BE AVAILABLE. THE AGENCY SHALL NOTIFY

THE OWNER OR OPERATOR BY CERTIFIED MAIL THAT A SITUATION

EXISTS THAT WOULD PRECLUDE THE OWNER OR OPERATOR FROM

COMMENCING site classification UPON THE AVAILABILITY OF FUNDS.

SUCH ACTION BY THE AGENCY SHALL NOT BE SUBJECT TO

APPEAL. (Section 57.8(b) of the Act) An owner or operator who elects to

defer site classification, low priority groundwater monitoring, or remediation

activities under subsection (a) of this Section shall submit a report certified by a

Licensed Professional Engineer demonstrating the following:

1)

The early action requirements of Subpart B of this Part have been met;

and

2)

The release does not pose a threat to human health or the environment

through migratory pathways following the investigation of migration

pathways requirements of Section 732.307(g).

c)

An owner or operator may withdraw the election to commence corrective action

upon the availability of funds at any time. The Agency shall be notified in

writing of the withdrawal. Upon such withdrawal, the owner or operator shall

proceed with corrective action in accordance with the requirements of this Part.

(Source: Amended at 21 Ill. Reg. _____, effective ________________)

Section 732.407

Alternative Technologies

a)

An owner or operator may choose to use an alternative technology for

corrective action in response to a release of petroleum at a "High Priority" site.

Corrective action plans proposing the use of alternative technologies shall be

submitted to the Agency in accordance with Section 732.405 of this Part. In

addition to the requirements for corrective action plans contained in Section

732.404, the owner or operator who seeks approval of an alternative technology

shall submit documentation along with the corrective action plan demonstrating

that:

1)

The proposed alternative technology has a substantial likelihood of

successfully achieving compliance with all applicable regulations and all

corrective action remediation objectives necessary to comply with the

Act and regulations and to protect human health or the environment;

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2)

The proposed alternative technology will not adversely affect human

health or the environment;

3)

The owner or operator will obtain all Agency permits necessary to

legally authorize use of the alternative technology;

4)

The owner or operator will implement a program to monitor whether the

requirements of subsection (a)(1) above of this Section have been met;

and

5)

Within one year from the date of Agency approval the owner or operator

will provide to the Agency monitoring program results establishing

whether the proposed alternative technology will successfully achieve

compliance with the requirements of subsection (a)(1) above of this

Section and any other applicable regulations. The Agency may require

interim reports as necessary to track the progress of the alternative

technology. The Agency will specify in the approval when those interim

reports shall be submitted to the Agency.

b)

An owner or operator intending to seek payment or reimbursement for costs

associated with the use of an alternative technology shall submit a corresponding

budget plan in accordance with Section 732.405 of this Part. In addition to the

requirements for corrective action budget plans at Section 732.404 of this Part,

the budget plan must demonstrate that the cost of the alternative technology will

not exceed the cost of conventional technology.

c)

If an owner or operator has received approval of a corrective action plan and

associated budget plan from the Agency or by operation of law prior to

implementing the plan and the alternative technology fails to satisfy the

requirements of subsections (a)(1) or (a)(2) above of this Section, such failure

shall not make the owner or operator ineligible to seek payment or

reimbursement for the activities associated with the subsequent performance of a

corrective action using conventional technology. However, in no case shall the

total payment or reimbursement for the site exceed the statutory maximums.

Owners or operators implementing alternative technologies without obtaining

pre-approval shall be ineligible to seek payment or reimbursement for the

subsequent performance of a corrective action using conventional technology.

(Source: Amended at 21 Ill. Reg. _____, effective ______________)

Section 732.408

Risk Based Remediation Objectives

a)

For sites requiring "High Priority" corrective action or for which the owner or

operator has elected to conduct corrective action pursuant to Sections

732.300(b), 732.400(b), or 732.400(c) of this Part, the owner or operator may

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propose shall propose remediation objectives for applicable indicator

contaminants based on a site specific assessment of risk in accordance with 35

Ill. Adm. Code 742. In support of site specific remediation objectives, the

owner or operator shall demonstrate to the Agency that the proposed objectives

will be protective of human health and the environment.

1)

Except as provided in subsection (a)(2) of this Section, the owner or

operator may propose site specific remediation objectives for applicable

indicator contaminants.

2)

For applicable indicator contaminants that have a groundwater quality

standard promulgated pursuant to 35 Ill. Adm. Code 620, site specific

groundwater remediation objectives may be proposed so as to achieve

groundwater quality standards established pursuant to, and using the

procedures approved under, 35 Ill. Adm. Code 620.

b)

In reviewing a proposal for site specific remediation objectives pursuant to

subsection (a)(1) above, the Agency shall evaluation the following factors:

1)

The potential for any remaining contaminants to pose a significant threat

to human health or the environment;

2)

Circumstances related to the practicality of remediation;

3)

The management of risk relative to any remaining contamination;

4)

Background levels for the applicable indicator contaminants; and

5)

Appropriateness of the scientific methodology selected as a basis for the

demonstration of protectiveness and correct application of the

methodology. Methodologies adopted by a nationally recognized entity

such as American Society for Testing and Materials (ASTM), or

equivalent methodologies, shall be acceptable for use as a basis for the

demonstration of protectiveness.

c)

For sites requiring "High Priority" corrective action or for which the owner or

operator has elected to conduct corrective action pursuant to Sections

732.300(b), 732.400(b) or 732.400(c) of this Part, if the owner or operator does

not elect to propose remediation objectives pursuant to subsection (a) above, the

owner or operator shall use remediation objectives, as applicable, based on

Appendix B of this Part. Where indicator contaminants based on mixtures or

degradation products have been designated by the Agency pursuant to Section

732.310 of this Part, the Agency shall determine remediation objectives on a

site by site basis;

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BOARD NOTE: The remediation objectives contained in Appendix B are not soil or

groundwater standards. The remediation objectives contained in Appendix B of this

Part are not remediation objectives for purposes of remediation of releases other than

LUST releases pursuant to this Part 732.

d)

The election to proceed under either subsection (a) or (c) above does not

prohibit the owner or operator from exercising the other option at a later time.

(Source: Amended at 21 Ill. Reg. _______, effective _________)

Section 732.409

Groundwater Monitoring and Corrective Action Completion Reports

a)

Within 30 days after completing the performance of a "Low Priority"

groundwater monitoring plan or "High Priority" corrective action plan, the

owner or operator shall submit to the Agency a groundwater monitoring

completion report or a corrective action completion report.

1)

The "Low Priority" groundwater monitoring completion report shall

include, but not be limited to, a narrative describing the implementation

and completion of all elements of the groundwater monitoring plan and

the procedures used for collection and analysis of samples, analytical

results in tabular form, actual analytical results, laboratory certification

and any other information or documentation relied upon by the Licensed

Professional Engineer in reaching the conclusion that the requirements of

the Act and regulations have been satisfied and that no further

remediation is required at the site.

2)

The "High Priority" corrective action completion report shall include,

but not be limited to, a narrative and timetable describing the

implementation and completion of all elements of the corrective action

plan and the procedures used for the collection and analysis of samples,

soil boring logs, actual analytical results, laboratory certification, site

maps, well logs and any other information or documentation relied upon

by the Licensed Professional Engineer in reaching the conclusion that the

requirements of the Act and regulations have been satisfied and that no

further remediation is required at the site. A "High Priority" corrective

action completion report shall demonstrate the following:

A)

For sites submitting a site classification report under Section

732.309:

A)i)

Applicable indicator contaminant groundwater objectives

are not exceeded at the property boundary line or 200 feet

from the UST system, whichever is less, as a result of the

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release of petroleum for any indicator contaminant

identified during the groundwater investigation;

B)ii)

Class III resource groundwater quality standards, for

Class III special use resource groundwater within 200 feet

of the UST system are not exceeded as a result of the

release of petroleum for any indicator contaminant

identified during the groundwater investigation;

C)iii)

The release of petroleum does not threaten human health

or human safety due to the presence or migration, through

natural or manmade pathways, of petroleum in

concentration sufficient to harm human health or human

safety or to cause explosions in basements, crawl spaces,

utility conduits, storm or sanitary sewers, vaults or other

confined spaces;

D)iv)

The release of petroleum does not threaten any surface

water body; and

E)v)

The release of petroleum does not threaten any potable

water supply.

B)

For sites submitting a site classification completion report under

Section 732.312, the concentrations of applicable indicator

contaminants meet the remediation objectives developed under

Section 732.408 for any applicable exposure route not excluded

from further consideration under Section 732.312.

b)

The applicable report shall be submitted on forms prescribed and provided by

the Agency or in a similar format containing the same information, shall be

signed by the owner or operator, and shall be accompanied by a certification

from a Licensed Professional Engineer that the information presented in the

applicable report is accurate and complete, that groundwater monitoring or

corrective action have been completed in accordance with the requirements of

the Act and this Subpart D, and that no further remediation is required at the

site.

c)

The Agency shall have the authority to review and approve, reject or require

modification of any report submitted pursuant to this Section in accordance with

the procedures contained in Subpart E of this Part.

(Source: Amended at 21 Ill. Reg. _________, effective ___________________________)

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Section 732.410

"No Further Remediation” letter (Repealed)

a)

Upon approval by the Agency or by operation of law of a "No Further Action"

site classification report, a "Low Priority" groundwater monitoring completion

report, or a "High Priority" corrective action completion report, the Agency

shall issue to the owner or operator a "no further remediation" letter. The "no

further remediation" letter shall have the legal effect prescribed in Section 57.10

of the Act. The "no further remediation" letter shall be denied if the Agency

rejects or requires modification of the applicable report.

b)

The Agency shall have 120 days from the date of receipt of a complete report to

issue a "no further remediation" letter and may include the "no further

remediation" letter as part of the notification of approval of the applicable report

in accordance with Subpart E of this Part.

c)

If an applicable report is approved by operation of law pursuant to Subpart E of

this Part and a "no further remediation" letter is not received from the Agency,

the legal presumptions prescribed by Section 57.10 of the Act also shall

become effective by operation of law.

d)

The notice of denial of a "no further remediation" letter by the Agency may be

included with the notification of rejection or modification of the applicable

report. The reasons for the denial shall be stated in the notification. The denial

shall be considered a final determination appealable to the Board within 35 days

after the Agency's final action in the manner provided for the review of permit

decisions in Section 40 of the Act.

(Source: Repealed at 21 Ill. Reg. ___________________, effective _____________________.)

SUBPART E: SELECTION AND REVIEW PROCEDURES

FOR PLANS AND REPORTS

Section 732.501

Submittal of Plans or Reports

All plans or reports shall be made on forms prescribed and provided by the Agency or

in a similar format containing the same information. Plans or reports shall be mailed

or delivered to the address designated by the Agency. The Agency's record of the date

of receipt shall be deemed conclusive unless a contrary date is proven by a dated,

signed receipt from certified or registered mail.

(Source: Amended at 21 Ill. Reg. _______, effective ___________________________)

Section 732.502

Completeness Review

a)

The Agency shall review for completeness all plans submitted pursuant to this

Part 732. The completeness review shall be sufficient to determine whether all

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information and documentation required by the Agency form for the particular

plan are present. The review shall not be used to determine the technical

sufficiency of a particular plan or of the information or documentation

submitted along with the plan.

b)

The Agency shall have 45 days from the receipt of a plan to finish the

completeness review. If the completeness review finds that the plan is

complete, the Agency shall so notify the owner or operator in writing and

proceed, where appropriate, to approval, rejection or modification of the

substantive portions of the plan. If the completeness review finds that the plan

is incomplete, the Agency shall notify the owner or operator in writing. The

notification shall include an explanation of the specific type of information or

documentation that the Agency deems necessary to complete the plan.

1)

The Agency may, to the extent consistent with Agency deadlines,

provide the owner or operator with a reasonable opportunity to correct

deficiencies prior to a final determination on completeness.

2)

The Agency shall mail notice of incompleteness by registered or certified

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

The decision shall be deemed to have taken place on the post marked

date that such notice is mailed.

3)

All time limits for Agency final action on a plan or report shall be

calculated from the date the Agency receives a plan or report. Receipt

of an amended plan or report, after a notice of incompleteness, shall

restart all time limits for Agency final action on that plan or report.

c)

Any budget plan submitted must be preceded or accompanied by an associated

technical plan in order for the budget plan to be deemed complete.

d)

The failure of the Agency to notify an owner or operator within 45 days that a

plan is either complete or incomplete shall result in the plan being deemed

complete by operation of law. Any action by the Agency pursuant to this

Section shall be subject to appeal to the Board within 35 days after the Agency's

final action in the manner provided for in the review of permit decisions in

Section 40 of the Act.

(Source: Amended at 21 Ill. Reg. _____, effective _________________)

Section 732.503

Full Review of Plans or Reports

a)

In addition to the completeness review for plans conducted pursuant to Section

732.502, the Agency may conduct a full review of plans or reports selected in

accordance with the requirements of Section 732.504. A full review may

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include any or all technical or financial information, or both, relied upon by the

owner or operator or Licensed Professional Engineer in developing the plan or

report selected for review. The full review also may include the review of any

other plans or reports submitted in conjunction with the site.

b)

The Agency shall have the authority to approve, reject or require modification

of any plan or report that has been given a full review. The Agency shall notify

the owner or operator in writing of its final action on any such plan or report.

Except as provided in subsections (c) and (d) below of this Section, if the

Agency fails to notify the owner or operator of its final action on a plan or

report within 120 days after the receipt of a plan or report, the owner or

operator may deem the plan or report approved rejected by operation of law,

except in the case of 20 day, 45 day or free product reports, in which case no

notification is necessary. If the Agency rejects a plan or report or requires

modifications, the written notification shall contain the following information,

as applicable:

1)

An explanation of the specific type of information, if any, that the

Agency needs to complete the full review;

2)

An explanation of the Sections of the Act or regulations that may be

violated if the plan or report is approved; and

3)

A statement of specific reasons why the cited Sections of the Act or

regulations may be violated if the plan or report is approved.

c)

For "High Priority" corrective action plans submitted by owners or operators

not seeking reimbursement from the Fund, the Agency may delay final action

on such plans until 120 days after it receives the corrective action completion

report required pursuant to Section 732.409 of this Part.

d)

An owner or operator may waive the right to a final decision within 120 days

after the submittal of a complete plan or report by submitting written notice to

the Agency prior to the applicable deadline. Any waiver shall be for a

minimum of 60 days.

e)

The Agency shall mail notices of final action on plans or reports by registered

or certified mail, post marked with a date stamp and with return receipt

requested. Final action shall be deemed to have taken place on the post marked

date that such notice is mailed.

f)

Any action by the Agency to reject or require modification, or rejection by

failure to act, of a plan or report shall be subject to appeal to the Board within

35 days after the Agency's final action in the manner provided for the review of

permit decisions in Section 40 of the Act. Any If the owner or operator may

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elect elects to incorporate modifications required by the Agency and shall do so

by submitting rather than appeal, a revised plan or report shall be submitted to

the Agency within 30 35 days after the receipt of the Agency's written

notification. If no revised plan or report is submitted to the Agency or no

appeal to the Board filed within the specified time frames, the plan or report

shall be deemed approved as modified by the Agency. If any plan or report is

rejected by operation of law, in lieu of an immediate appeal to the Board the

owner or operator may either resubmit the plan or report to the Agency or file a

joint request for a 90 day extension in the manner provided for extensions of

permit decision in Section 40 of the Act.

g)

Notification of Selection for Full Review

1)

Owners or operators submitting plans shall be notified by the Agency

within 60 days from the date the plan is received whether or not the

plan has been deemed complete if the plan has not been selected for full

review in accordance with Section 732.504 of this Part. Failure of the

Agency to so notify the owner or operator shall mean that the plan has

been selected for full review. or notification Notification by the Agency

that the plan has not been selected for full review shall constitute

approval of the plan by operation of law.

2)

Owners or operators submitting reports shall be notified by the Agency

within 60 days after the receipt of the report whether or not the report

has been if the report has not been selected for full review in accordance

with Section 732.504 of this Part, except in the case of 20 day, 45 day

or free product reports, in which case no notification of selection is

necessary. Failure of the Agency to so notify the owner or operator

shall mean that the report has been selected for full review. or

notification Notification by the Agency that the report has not been

selected for full review shall constitute approval of the report by

operation of law.

3)

Notice shall be sent and the date of notification shall be computed in

accordance with subsection (e) above of this Section.

h)

In accordance with Sections 732.306 and 732.406 of this Part, upon the

approval of any budget plan by the Agency or by operation of law, the Agency

shall include as part of the final notice to the owner or operator a statement of

whether or not the Fund contains sufficient resources in order to immediately

commence the approved measures.

(Source: Amended at 21 Ill. Reg. _______, effective _________)

SUBPART F: PAYMENT OR REIMBURSEMENT

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Section 732.601

Applications for Payment

a)

An owner or operator seeking payment from the Fund shall submit to the

Agency an application for payment on forms prescribed and provided by the

Agency or in a similar format containing the same information. The owner or

operator may submit an application for partial payment or final payment for

materials, activities or services contained in an approved budget plan. An

application for payment also may be submitted for materials, activities or

services for early action conducted pursuant to Subpart B of this Part and for

which no budget plan is required.

b)

A complete application for payment shall consist of the following elements:

1)

A certification from a Licensed Professional Engineer acknowledged by

the owner or operator that the work performed has been in accordance

with a technical plan approved by the Agency or by operation of law or,

for early action activities, in accordance with Subpart B;

2)

A statement of the amount approved in the corresponding budget plan

and the amount actually sought for payment along with a certified

statement by the owner or operator that the amount so sought has been

expended in conformance with the elements of a budget plan approved

by the Agency or by operation of law;

3)

A copy of the OSFM or Agency eligibility and deductibility

determination;

4)

Proof that approval of the payment requested will not exceed the

limitations set forth in the Act and Section 732.604 of this Part;

5)

A federal taxpayer identification number and legal status disclosure

certification;

6)

A Private Insurance Coverage form; and

7)

A Minority/Women's Business Usage form.

c)

Applications for payment shall be mailed or delivered to the address designated

by the Agency. The Agency's record of the date of receipt shall be deemed

conclusive unless a contrary date is proven by a dated, signed receipt from

certified or registered mail.

d)

Applications for partial or final payment may be submitted no more frequently

than once every 90 days.

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e)

Except for applications for payment for costs of early action conducted pursuant

to Subpart B of this Part, in no case shall the Agency review an application for

payment unless there is an approved budget plan on file corresponding to the

application for payment.

f)

In no case shall the Agency authorize payment to an owner or operator in an

amount greater than the amount approved by the Agency or by operation of law

in a corresponding budget plan. Revised cost estimates or increased costs

resulting from revised procedures must be submitted to the Agency for review

in accordance with Subpart E of this Part using amended budget plans in

accordance with Sections 732.305(e) or 732.405(e) of this Part.

g)

Applications for payment of costs associated with site classification may not be

submitted prior to approval or modification of the site classification completion

report.

(Source: Amended at 21 Ill. Reg. _______, effective _________)

Section 732.602

Review of Applications for Payment

a)

The Agency shall conduct a review of any application for payment submitted

pursuant to this Part 732. Each application for payment shall be reviewed to

determine whether the application contains all of the elements and supporting

documentation required by Section 732.601(b) of this Part and whether the

amounts sought for payment have been certified in accordance with Section

732.601(b)(2) of this Part as equal to or less than the amounts approved in the

corresponding budget plan. Any action by the Agency pursuant to this

subsection shall be subject to appeal to the Board within 35 days after the

Agency's final action in the manner provided for the review of permit decisions

in Section 40 of the Act.

b)

The Agency may conduct a full review of any application for payment:

1)

If the amounts sought for payment exceed the amounts approved in the

corresponding budget plan;

2)

If the Agency has reason to believe that the application for payment is

fraudulent; or

3)

If the application for payment includes costs for early action activities

conducted pursuant to Subpart B of this Part and either of the following

circumstances exist:

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A)

The application for payment is solely for early action costs that

have not been approved as part of a prior budget plan; or

B)

The application for payment includes early action costs that have

not been approved as part of a prior budget plan, except that only

the portion of the application for the unapproved early action

costs may be given a full review.

c)

When conducting a full review of any application for payment, the Agency may

require the owner or operator to submit a full accounting supporting all claims

as provided in subsection (d) below of this Section.

d)

A full review of an application for payment shall be sufficient to determine

which line items contained in the application for payment have caused the

application for payment to exceed the corresponding approved budget plan

pursuant to subsection (b)(1) above of this Section, which line items, if any, are

ineligible for payment pursuant to subsections (b)(2) or (b)(3) above of this

Section, and whether there is sufficient documentation to demonstrate that line

items have been completed in accordance with a plan approved by the Agency

or by operation of law. A full review may include review of any or all

elements and supporting documentation relied upon by the owner or operator in

developing the application for payment, including but not limited to a review of

invoices or receipts supporting all claims. The full review also may include the

review of any plans or reports previously submitted for the site to ensure that

the application for payment is consistent with work proposed and actually

performed in conjunction with the site.

e)

Following a review, the Agency shall have the authority to approve, deny or

require modification of applications for payment or portions thereof. The

Agency shall notify the owner or operator in writing of its final action on any

such application for payment. Except as provided in subsection (f) below of

this Section, if the Agency fails to notify the owner or operator of its final

action on an application for payment within 120 days after the receipt of a

complete application for payment, the owner or operator may deem the

application for payment approved rejected by operation of law. If the Agency

denies payment for an application for payment or for a portion thereof or

requires modification, the written notification shall contain the following

information, as applicable:

1)

An explanation of the specific type of information, if any, that the

Agency needs to complete the full review;

2)

An explanation of the Sections of the Act or regulations that may be

violated if the application for payment is approved; and

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3)

A statement of specific reasons why the cited Sections of the Act or

regulations may be violated if the application for payment is approved.

f)

An owner or operator may waive the right to a final decision within 120 days

after the submittal of a complete application for payment by submitting written

notice to the Agency prior to the applicable deadline. Any waiver shall be for a

minimum of 30 days.

g)

The Agency shall mail notices of final action on applications for payment by

registered or certified mail, post marked with a date stamp and with return

receipt requested. Final action shall be deemed to have taken place on the post

marked date that such notice is mailed.

h)

Any action by the Agency to deny payment for an application for payment or

portion thereof or to require modification shall be subject to appeal to the Board

within 35 days after the Agency's final action in the manner provided for the

review of permit decisions in Section 40 of the Act. Any If the owner or

operator may elect elects to incorporate modifications required by the Agency

and shall do so by submitting rather than appeal, a revised application for

payment shall be submitted to the Agency within 30 35 days after the receipt of

the Agency's written notification. If no revised application for payment is

submitted to the Agency or no appeal to the Board is filed within the specified

time frames, the application for payment shall be deemed approved as modified

by the Agency and payment shall be authorized in the amount approved.

(Source: Amended at 21 Ill. Reg. _____, effective ____________)

Section 732.603

Authorization for Payment; Priority List

a)

Within 60 days after notification of an owner or operator that the application for

payment or a portion thereof has been approved by the Agency or by operation

of law, the Agency shall forward to the Office of the State Comptroller in

accordance with subsections (c) or (d) below of this Section a voucher in the

amount approved. If the owner or operator has filed an appeal with the Board

of the Agency's final decision on an application for payment, the Agency shall

have 60 days from the final resolution of the appeal to forward to the Office of

the State Comptroller a voucher in the amount ordered as a result of the appeal.

Notwithstanding the time limits imposed by this Section, the Agency shall not

forward vouchers to the Office of the State Comptroller until sufficient funds

are available to issue payment.

b)

Any deductible, as determined by the OSFM or the Agency, shall be subtracted

from any amount approved for payment by the Agency or by operation of law.

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c)

For owners or operators who have deferred site classification or corrective

action in accordance with Sections 732.306 or 732.406 of this Part, payment

shall be authorized from funds encumbered pursuant to Sections 732.306(a)(4)

or 732.406(a)(4) of this Part upon approval of the application for payment by

the Agency or by operation of law.

d)

For owners or operators not electing to defer site classification or corrective

action in accordance with Sections 732.306 or 732.406 of this Part, the Agency

shall form a priority list for payment for the issuance of vouchers pursuant to

subsection (a) above of this Section.

1)

All such applications for payment shall be assigned a date that is the date

upon which the complete application for partial or final payment was

received by the Agency. This date shall determine the owner or

operator's priority for payment in accordance with subsection (d)(2)

below of this Section, with the earliest dates receiving the highest

priority.

2)

Once payment is approved by the Agency or by operation of law or

ordered by the Board or courts, the application for payment shall be

assigned priority in accordance with subsection (d)(1) above of this

Section. The assigned date shall be the only factor determining the

priority for payment for those applications approved for payment.

(Source: Amended at 21 Ill. Reg. _____, effective _________________)

Section 732.604

Limitations on Total Payments

a)

Limitations per occurrence:

1)

THE AGENCY SHALL NOT APPROVE ANY PAYMENT FROM

THE FUND TO PAY AN OWNER OR OPERATOR FOR COSTS OF

CORRECTIVE ACTION INCURRED BY SUCH OWNER OR

OPERATOR IN AN AMOUNT IN EXCESS OF $1,000,000 PER

OCCURRENCE. (Section 57.8(g) of the Act)

2)

THE AGENCY SHALL NOT APPROVE ANY PAYMENT FROM

THE FUND TO PAY AN OWNER OR OPERATOR FOR COSTS OF

INDEMNIFICATION OF SUCH OWNER OR OPERATOR IN AN

AMOUNT IN EXCESS OF $1,000,000 PER OCCURRENCE. (Section

57.8(g) of the Act)

b)

Aggregate limitations:

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1)

NOTWITHSTANDING ANY OTHER PROVISION OF THIS Part 732,

THE AGENCY SHALL NOT APPROVE PAYMENT TO AN OWNER

OR OPERATOR FROM THE FUND FOR COSTS OF CORRECTIVE

ACTION OR INDEMNIFICATION INCURRED DURING A

CALENDAR YEAR IN EXCESS OF THE FOLLOWING AMOUNTS

BASED ON THE NUMBER OF PETROLEUM UNDERGROUND

STORAGE TANKS OWNED OR OPERATED BY SUCH OWNER OR

OPERATOR IN ILLINOIS:

AMOUNT

NUMBER OF TANKS

$1,200,0001,000,000

FEWER THAN 101

$2,000,000

101 OR MORE

2)

COSTS INCURRED IN EXCESS OF THE AGGREGATE AMOUNTS

SET FORTH IN subsection (b)(1) above of this Section SHALL NOT

BE ELIGIBLE FOR PAYMENT IN SUBSEQUENT YEARS. (Section

57.8(d) of the Act)

c)

FOR PURPOSES OF subsection (b) of this Section, REQUESTS SUBMITTED

BY ANY OF THE AGENCIES, DEPARTMENTS, BOARDS, COMMITTEES

OR COMMISSIONS OF THE STATE OF ILLINOIS SHALL BE ACTED

UPON AS CLAIMS FROM A SINGLE OWNER OR OPERATOR. (Section

57.8(d) of the Act)

d)

FOR PURPOSES OF subsection (b) of this Section, OWNER OR OPERATOR

INCLUDES;

(1)

ANY SUBSIDIARY, PARENT, OR JOINT STOCK COMPANY OF

THE OWNER OR OPERATOR; AND

(2)

ANY COMPANY OWNED BY ANY PARENT, SUBSIDIARY, OR

JOINT STOCK COMPANY OF THE OWNER OR OPERATOR.

(Section 57.8(d) of the Act)

(Source: Amended at 21 Ill. Reg. _____________, effective __________________________)

Section 732.605

Eligible Costs

a)

Types of costs that may be eligible for payment from the Fund include those for

corrective action activities and for materials or services provided or performed

in conjunction with corrective action activities. Such activities and services may

include but are not limited to:

1)

Early action activities conducted pursuant to Subpart B of this Part;

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2)

Engineering oversight services;

3)

Remedial investigation and design;

4)

Feasibility studies;

5)

Laboratory services necessary to determine site classification and

whether the established corrective action objectives have been met;

6)

Installation and operation of groundwater investigation and groundwater

monitoring wells;

7)

The removal, treatment, transportation and disposal of soil contaminated

by petroleum at levels in excess of the established corrective action

objectives;

8)

The removal, treatment, transportation and disposal of water

contaminated by petroleum at levels in excess of the established

corrective action objectives;

9)

The placement of clean backfill to grade to replace excavated soil

contaminated by petroleum at levels in excess of the established

corrective action objectives;

10)

Groundwater corrective action systems;

11)

Alternative technology;

12)

Recovery of free phase petroleum from groundwater;

13)

The removal and disposal of any UST if a release of petroleum from the

UST was identified and IEMA was notified prior to its removal;

14)

Costs incurred as a result of a release of petroleum because of

vandalism, theft or fraudulent activity by a party other than an owner,

operator or agent of an owner or operator;

15)

Engineering costs associated with seeking payment or reimbursement

from the Fund including, but not limited to, completion of an application

for partial or final payment;

16)

Costs associated with obtaining an Eligibility and Deductibility

Determination from the OSFM or the Agency;

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17)

Costs for destruction and replacement of concrete, asphalt and paving to

the extent necessary to conduct corrective action and if the destruction

and replacement has been certified as necessary to the performance of

corrective action by a Licensed Professional Engineer;

18)

The destruction or dismantling and reassembly of above grade structures

in response to a release of petroleum if such activity has been certified as

necessary to the performance of corrective action by a Licensed

Professional Engineer. For purposes of this subsection, destruction,

dismantling or reassembly of above grade structures does not include

costs associated with replacement of pumps, pump islands, buildings,

wiring, lighting, bumpers, posts or canopies; and

19)

Preparation of site classification plans (including physical soil

classification and groundwater investigation plans) and associated budget

plans, site classification reports, groundwater monitoring plans and

associated budget plans, groundwater monitoring completion reports,

"High Priority" corrective action plans and associated budget plans, and

"High Priority" corrective action completion reports.

b)

An owner or operator may submit a budget plan or application for partial or

final payment that includes an itemized accounting of costs associated with

activities, materials or services not identified in subsection (a) above of this

Section if the owner or operator submits detailed information demonstrating that

the activities, materials or services not identified in subsection (a) above of this

Section are essential to the completion of the minimum corrective action

requirements of the Act and this Part 732.

(Source: Amended at 21 Ill. Reg. __________________, effective ____________________)

Section 732.606

Ineligible Costs

Costs ineligible for payment from the Fund include but are not limited to:

a)

Costs for the removal, treatment, transportation, and disposal of more than four

feet of fill material from the outside dimensions of the UST, as set forth in

Appendix C of this Part, during early action activities conducted pursuant to

Section 732.202(f), and costs for the replacement of contaminated fill materials

with clean fill materials in excess of the amounts set forth in Appendix C of this

Part during early action activities conducted pursuant to Section 732.202(f);

b)

Costs or losses resulting from business interruption;

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90

c)

Costs incurred as a result of vandalism, theft or fraudulent activity by the owner

or operator or agent of an owner or operator including the creation of spills,

leaks or releases;

d)

Costs associated with the replacement of above grade structures such as pumps,

pump islands, buildings, wiring, lighting, bumpers, posts or canopies, including

but not limited to those structures destroyed or damaged during corrective action

activities;

e)

COSTS OF CORRECTIVE ACTION OR INDEMNIFICATION INCURRED

BY AN OWNER OR OPERATOR PRIOR TO JULY 28, 1989 (Section 57.8(j)

of the Act);

f)

Costs associated with the procurement of a generator identification number;

g)

LEGAL DEFENSE COSTS INCLUDING LEGAL COSTS FOR SEEKING

PAYMENT UNDER these regulations UNLESS THE OWNER OR

OPERATOR PREVAILS BEFORE THE BOARD and the Board authorizes

payment of legal fees (Section 57.8(l) of the Act);

h)

Purchase costs of non-expendable materials, supplies, equipment or tools,

except that a reasonable rate may be charged for the usage of such materials,

supplies, equipment or tools;

i)

Costs associated with activities that violate any provision of the Act or Board or

Agency regulations;

j)

Costs associated with investigative action, preventive action, corrective action,

or enforcement action taken by the State of Illinois if the owner or operator

failed, without sufficient cause, to respond to a release or substantial threat of a

release upon, or in accordance with, a notice issued by the Agency pursuant to

Section 732.105 of this Part and Section 57.12 of the Act;

k)

Costs for removal, disposal or abandonment of UST if the tank was removed or

abandoned, or permitted for removal or abandonment, by the OSFM before the

owner or operator provided notice to IEMA of a release of petroleum;

l)

Costs associated with the installation of new USTs and the repair of existing

USTs;

m)

Costs exceeding those contained in a budget plan or amended budget plan

approved by the Agency or by operation of law;

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91

n)

Costs of corrective action or indemnification incurred before providing

notification of the release of petroleum to IEMA in accordance with Section

732.202 of this Part;

o)

Costs for corrective action activities and associated materials or services

exceeding the minimum requirements necessary to comply with the Act;

p)

Costs associated with improperly installed sampling or monitoring wells;

q)

Costs associated with improperly collected, transported or analyzed laboratory

samples;

r)

Costs associated with the analysis of laboratory samples for constituents other

than applicable indicator contaminants or groundwater objectives;

s)

Costs for any corrective activities, services or materials unless accompanied by

a letter from OSFM or the Agency confirming eligibility and deductibility in

accordance with Section 57.9 of the Act;

t)

Interest or finance costs charged as direct costs;

u)

Insurance costs charged as direct costs;

v)

Indirect corrective action costs for personnel, materials, service or equipment

charged as direct costs;

w)

Costs associated with the compaction and density testing of backfill material;

x)

Costs associated with sites that have not reported a release to IEMA or are not

required to report a release to IEMA;

y)

Costs related to activities, materials or services not necessary to stop, minimize,

eliminate, or clean up a release of petroleum or its effects in accordance with

the minimum requirements of the Act and regulations;

z)

Costs incurred after completion of early action activities in accordance with

Subpart B by owners or operators choosing, pursuant to Section 732.300(b) of

this Part, to conduct remediation sufficient to satisfy the remediation objectives;

aa)

Costs incurred after completion of site classification activities in accordance

with Subpart C by owners or operators choosing, pursuant to Section

732.400(b) or (c) of this Part, to conduct remediation sufficient to satisfy the

remediation objectives;

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bb)

Costs of alternative technology that exceed the costs of conventional technology;

and

cc)

Costs for investigative activities and related services or materials for developing

a "High Priority" corrective action plan that are unnecessary or inconsistent

with generally accepted engineering practices or unreasonable costs for

justifiable activities, materials or services.;

dd)

Costs to prepare site classification plans and associated budget plans under

Section 732.305, to perform site classification under Section 732.307, or to

prepare site classification completion reports under Section 732.309, for sites

where owners or operators have elected to classify under Section 732.312;

ee)

Costs to prepare site classification plans and associated budget plans under

Section 732.312, to perform site classification under Section 732.312, or to

prepare site classification completion reports under Section 732.312, for sites

where owners or operators have performed classification activities under

Sections 732.305, 732.307, or 732.309;

ff)

Costs requested that are based on mathematical errors;

gg)

Costs that lack supporting documentation;

hh)

Costs proposed as part of a budget plan that are unreasonable;

ii)

Costs incurred during early action that are unreasonable;

jj)

Costs incurred at a site that has entered the Site Remediation Program under

Title XVII and 35 Ill. Adm. Code 740; and

kk)

Costs incurred for additional remediation after receipt of a No Further

Remediation Letter for the occurrence for which the No Further Remediation

Letter was received.

(Source: Amended at 21 Ill. Reg. _____________, effective __________________)

Section 732.608

Apportionment of Costs

a)

The Agency may apportion payment of costs if:

1)

THE OWNER OR OPERATOR WAS DEEMED ELIGIBLE TO

ACCESS THE FUND FOR PAYMENT OF CORRECTIVE ACTION

COSTS FOR SOME, BUT NOT ALL, OF THE UNDERGROUND

STORAGE TANKS AT THE SITE; AND

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93

2)

THE OWNER OR OPERATOR FAILED TO JUSTIFY ALL COSTS

ATTRIBUTABLE TO EACH UNDERGROUND STORAGE TANK AT

THE SITE. (Derived from Section 57.8(m) of the Act)

b)

Upon notification from the Agency of an apportionment of costs pursuant to this

Section, the owner or operator shall within 30 days notify the Agency whether

the apportionment shall be based upon the total number of all the USTs at the

site or the total volume of all of the USTs at the site. The Agency will

determine, based on volume or number of tanks, which method of

apportionment will be most favorable to the owner or operator. The Agency

will notify the owner or operator of such determination in writing.

(Source: Amended at 21 Ill. Reg. _____________, effective _________________)

Section 732.612

Determination and Collection of Excess Payments

a)

If, for any reason, the Agency determines that an excess payment has been paid

from the Fund, the Agency may take steps to collect the excess amount pursuant

to subsection (c) below of this Section.

1)

Upon identifying an excess payment, the Agency shall notify the owner

or operator receiving the excess payment by certified or registered mail,

return receipt requested.

2)

The notification letter shall state the amount of the excess payment and

the basis for the Agency's determination that the payment is in error.

3)

The Agency's determination of an excess payment shall be subject to

appeal to the Board in the manner provided for the review of permit

decisions in Section 40 of the Act.

b)

An excess payment from the Fund includes, but is not limited to:

1)

Payment for a non-corrective action cost;

2)

Payment in excess of the limitations on payments set forth in Sections

732.604 and 732.607 of this Part;

3)

Payment received through fraudulent means;

4)

Payment calculated on the basis of an arithmetic error;

5)

Payment calculated by the Agency in reliance on incorrect information.

c)

Excess payments may be collected using any of the following procedures:

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1)

Upon notification of the determination of an excess payment in

accordance with subsection (a) above of this Section or pursuant to a

Board order affirming such determination upon appeal, the Agency may

attempt to negotiate a payment schedule with the owner or operator.

Nothing in this subsection (c)(1) of this Section shall prohibit the

Agency from exercising at any time its options at subsections (c)(2) or

(c)(3) below of this Section or any other collection methods available to

the Agency by law.

2)

If an owner or operator submits a subsequent claim for payment after

previously receiving an excess payment from the Fund, the Agency may

deduct the excess payment amount from any subsequently approved

payment amount. If the amount subsequently approved is insufficient to

recover the entire amount of the excess payment, the Agency may use

the procedures in this Section or any other collection methods available

to the Agency by law to collect the remainder.

3)

The Agency may deem an excess payment amount to be a claim or debt

owed the Agency, and the Agency may use the Comptroller's Setoff

System for collection of the claim or debt in accordance with Section

10.5 of the "State Comptroller Act." 15 ILCS 405/10.05 (1993).

(Source: Amended at 21 Ill. Reg. ______________, effective ____________________)

SUBPART G: NO FURTHER REMEDIATION LETTERS

AND RECORDING REQUIREMENTS

Section 732.700 General

Subpart G provides the procedures for issuance of No Further Remediation Letters under Title

XVI and this Part. Subpart G also sets forth the recording requirements and the

circumstances under which the letter may be voidable.

(Source: Added at 21 Ill. Reg. ________________, effective _______________________)

Section 732.701

Issuance of a No Further Remediation Letter

a)

Upon approval by the Agency of a No Further Action site classification report, a

Low Priority groundwater monitoring completion report, or a High Priority

corrective action completion report, the Agency shall issue to the owner or

operator a No Further Remediation Letter. The No Further Remediation Letter

shall have the legal effect prescribed in Section 57.10 of the Act. The No

Further Remediation Letter shall be denied if the Agency rejects or requires

modification of the applicable report.

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95

b)

The Agency shall have 120 days from the date of receipt of a complete report to

issue a No Further Remediation Letter and may include the No Further

Remediation Letter as part of the notification of approval of the applicable report

in accordance with Subpart E of this Part. If the Agency fails to send the No

Further Remediation Letter within 120 days, it shall be deemed denied by

operation of law.

c)

The notice of denial of a No Further Remediation Letter by the Agency may be

included with the notification of rejection or modification of the applicable

report. The reasons for the denial shall be stated in the notification. The denial

shall be considered a final determination appealable to the Board within 35 days

after the Agency's final action in the manner provided for the review of permit

decisions in Section 40 of the Act. If any request for a No Further Remediation

Letter is denied by operation of law, in lieu of an immediate appeal to the Board

the owner or operator may either resubmit the request and applicable report to

the Agency or file a joint request for a 90 day extension in the manner provided

for extensions of permit decision in Section 40 of the Act.

d)

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.

Final action shall be deemed to have taken place on the postmarked date that the

letter is mailed.

(Source: Added at 21 Ill. Reg. _____________, effective ________________________)

Section 732.702

Contents of a No Further Remediation Letter

A No Further Remediation Letter issued pursuant to this Part shall include all of the following:

a)

An acknowledgment that the requirements of the applicable report were

satisfied;

b)

A description of the location of the affected property by adequate legal

description or by reference to a plat showing its boundaries;

c)

The remediation objectives determined in accordance with 35 Ill. Adm. Code

742 and any land use limitation, as applicable, required by 35 Ill. Adm. Code

742 as a condition of the remediation objectives;

d)

A statement that the Agency's issuance of the No Further Remediation Letter

signifies that:

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96

1)

ALL CORRECTIVE ACTION REQUIREMENTS under Title XVI and

Part 732 APPLICABLE TO THE OCCURRENCE HAVE BEEN

COMPLIED WITH;

2)

ALL CORRECTIVE ACTION CONCERNING THE REMEDIATION

OF THE OCCURRENCE HAS BEEN COMPLETED; AND

3)

NO FURTHER CORRECTIVE ACTION CONCERNING THE

OCCURRENCE IS NECESSARY FOR THE PROTECTION OF

HUMAN HEALTH, SAFETY AND THE ENVIRONMENT. (Section

57.10(c) of the Act)

e)

The prohibition under Section 732.703(c) against the use of any site in a manner

inconsistent with any applicable land use limitation, without additional

appropriate remedial activities;

f)

A description of any approved preventive, engineering, and institutional controls

identified in the plan or report and notification that failure to manage the

controls in full compliance with the terms of the plan or report may result in

voidance of the No Further Remediation Letter;

g)

The recording obligations pursuant to Section 732.703 of this Part;

h)

The opportunity to request a change in the recorded land use pursuant to Section

732.704(c) of this Part;

i)

Notification that further information regarding the site can be obtained from the

Agency through a request under the Freedom of Information Act [5 ILCS 140];

and

j)

Any other provisions agreed to by the Agency and the owner or operator.

(Source: Added at 21 Ill. Reg. _________________, effective ______________________)

Section 732.703

Duty to Record a No Further Remediation Letter

a)

An owner or operator receiving a No Further Remediation Letter from the

Agency pursuant to this Subpart G shall submit the letter to the Office of the

Recorder or the Registrar of Titles of the county in which the site is located

within 45 days after receipt of the letter. The letter shall be filed in accordance

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

b)

A No Further Remediation Letter shall not become effective until officially

recorded in accordance with subsection (a) of this Section. The owner or

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97

operator shall obtain and submit to the Agency a certified, or otherwise accurate

and official copy of the letter as recorded.

c)

At no time shall any site for which a land use limitation has been imposed as a

result of corrective action under this Part 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 letter is obtained and recorded in accordance with this Part.

(Source: Added at 21 Ill. Reg. ______________, effective ___________________________)

Section 732.704

Voidance of a No Further Remediation Letter

a)

The No Further Remediation Letter shall be voidable if site activities are not

carried out in full compliance with the provisions of this Part, and 35 Ill. Adm.

Code 742 where applicable, or the 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:

1)

Any violations of institutional controls or land use restrictions, if

applicable;

2)

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

operate and maintain preventive, engineering and institutional controls

or comply with a groundwater monitoring plan, if applicable;

3)

Obtaining the No Further Remediation Letter by fraud or

misrepresentation;

4)

Subsequent discovery of indicator contaminants related to the

occurrence upon which the No Further Remediation Letter was

based which:

A) were not identified as part of the investigative or remedial

activities upon which the issuance of the No Further

Remediation Letter was based;

B) results in the following:

i) the site no longer satisfying the criteria of a No

Further Action site classification.

ii) the site no longer satisfying the criteria of a Low

Priority site classification.

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98

iii) failing to meet the remedial objectives established

for a High Priority site; and

C) pose a threat to human health or the environment;

5)

Failure to record the No Further Remediation Letter in accordance with

Section 732.703; or.

6)

Disturbance or removal of contamination left in place under an approved

plan.

b)

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

notice to the current title holder of the site and the owner or operator at his or

her last known address.

1)

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

in support of the cause.

2)

The Agency shall mail Notices of Voidance by registered or certified

mail, date stamped with return receipt requested.

c)

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

and owner or operator of the site at the time the No Further Remediation Letter

was issued may appeal the Agency's decision to the Board in the manner

provided for the review of permits in Section 40 of the Act.

d)

If the 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 such action.

1)

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

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

reached by the Board or courts.

A)

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 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.

B)

If the Agency's action is not upheld on appeal, the Notice of Lis

Pendens shall be removed in accordance with Illinois law within

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99

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

courts.

2)

If the Agency's action is not appealed or is upheld on appeal, 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.

(Source: Added at 21 Ill. Reg. ________________, effective _______________________)

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100

Section 732.Appendix B

Groundwater and Soil Remediation Objectives and Acceptable

Detection LimitsAdditional Parameters

Volatiles

1.

Benzene

2.

Bromoform

3.

Carbon tetrachloride

4.

Chlorobenzene

5.

Chloroform

6.

Dichlorobromomethane

7.

1,2-Dichloroethane

8.

1,1-Dichloroethene

9.

cis-1,2-Dichloroethylene

10.

trans-1,2-Dichloroethylene

11.

Dichloromethane (Methylene chloride)

12.

1,2-Dichloropropane

13.

1,3-Dichloropropylene (cis + trans)

14.

Ethylbenzene

15.

Styrene

16.

Tetrachloroethylene

17.

Toluene

18.

1,1,1-Trichloroethane

19.

1,1,2-Trichloroethane

20.

Trichloroethylene

21.

Vinyl chloride

22.

Xylenes (total)

Base/Neutrals

1.

Bis(2-chloroethyl)ether

2.

Bis(2-ethylhexyl)phthalate

3.

1,2-Dichlorobenzene

4.

1,4-Dichlorobenzene

5.

Hexachlorobenzene

6.

Hexachlorocyclopentadiene

7.

n

-Nitrosodi-

n

-propylamine

8.

n

-Nitrosodiphenylamine

9.

1,2,4-Trichlorobenzene

Polynuclear Aromatics

1.

Acenaphthene

2.

Anthracene

3.

Benzo(a)anthracene

4.

Benzo(a)pyrene

5.

Benzo(b)fluoranthene

---

101

6.

Benzo(k)fluoranthene

7.

Chrysene

8.

Dibenzo(a,h)anthracene

9.

Fluoranthene

10.

Fluorene

11.

Indeno(1,2,3-c,d)pyrene

12.

Naphthalene

13.

Pyrene

Other Non-Carcinogenic PNAs (total)

14.

Acenaphthylene

15.

Benzo(g,h,i)perylene

16.

Phenanthrene

Metals (total inorganic and organic forms)

1.

Arsenic

2.

Barium

3.

Cadmium

4.

Chromium (total)

5.

Lead

6.

Mercury

7.

Selenium

Acids

1.

Pentachlorophenol

2.

Phenol (total)

3.

2,4,6-Trichlorophenol

Pesticides

1.

Aldrin

2.

alpha-BHC

3.

Chlordane

4.

4,4'-DDD

5.

4,4'-DDE

6.

4,4-DDT

7.

Dieldrin

8.

Endrin

9.

Heptachlor

10.

Heptachlor epoxide

11.

Lindane (gamma-BHC)

12.

Toxaphene

(Source: Amended at 21 Ill. Reg. ___________________, effective ____________________.)

Section 732. Table A Groundwater and Soil Remediation Objectives (Repealed)

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102

Parameters Objectives ADLs

1

 

Soil Groundwater Soil Groundwater

(mg/kg) (mg/l) (mg/kg) (mg/l)

Volatiles

1. Benzene 0.005

2. Bromoform 0.001 0.001

3. Carbon tetrachloride 0.005

4. Chlorobenzene 0.1

5. Chloroform 0.0002 0.0002

6. Dichlorobromomethane 0.0002 0.0002

7. 1,2-Dichloroethane 0.005

8. 1,1-Dichloroethene 0.007

9. cis-1,2-Dichloroethene 0.07

10. trans-1,2-Dichloroethene 0.01

11. Dichloromethane 0.005

12. 1,2-Dichloropropane 0.005

13. cis-1,3-Dichloropropene 0.001 0.001

14. trans-1,3-Dichloropropene 0.001 0.001

15. Ethylbenzene 0.7

16. Styrene 0.1

17. Tetrachloroethene 0.005

18. Toluene 1.0

19. 1,1,1-Trichloroethane 0.2

20. 1,1,2-Trichloroethane 0.005

21. Trichloroethene 0.005

22. Vinyl chloride 0.002

23. Xylenes (total) 10.0

24. BETX (total) 11.705

Base/Neutrals

1. Bis(2-chloroethyl)ether 0.01 0.01

2. Bis(2-ethylhexyl)phathalate 0.006 0.006

3. 1,2-Dichlorobenzene 0.6

4. 1,4-Dichlorobenzene 0.075

5. Hexachlorobenzene 0.0005 0.0005

6. Hexachlorocyclopentadiene 0.05

7. N-Nitrosodi-n-propylamine 0.01 0.01

8. N-Nitrosodiphenylamine 0.01 0.01

9. 1,2,4-Trichlorobenzene 0.07

       

Polynuclear Aromatics

1. Acenaphthene 0.42

---

103

2. Anthracene 2.1

3. Benzo(a)anthracene 0.00013 0.00013

4. Benzo(a)pyrene 0.0002 0.00023

5. Benzo(b)fluoranthene 0.00018 0.00018

6. Benzo(k)fluoranthene 0.00017 0.00017

7. Chrysene 0.0015 0.0015

8. Dibenzo(a,h)anthracene 0.0003 0.0003

9. Fluoranthene 0.28

10. Fluorene 0.28

11. Indeno(1,2,3-c,d)pyrene 0.00043 0.00043

12. Naphthalene 0.025

13. Pyrene 0.21

14. other

Non-Carcinogenic

PNAs (total) 0.21

Acenaphthylene

Benzo(g,h,i)perylene

Phenanthrene

Metals

2

1. Arsenic 0.05 0.05

2. Barium 2.0 2.0

3. Cadmium 0.005 0.005

4. Chromium (total) 0.1 0.1

5. Lead 0.0075 0.0075 0.0075

6. Mercury 0.002 0.002

7. Selenium 0.05 0.05

Acids

1. Pentachlorophenol 0.001 0.001

2. Phenol (total) 0.1

3. 2,4,6-Trichlorophenol 0.0064 0.0064

Pesticides

1. Aldrin 0.00004 0.00004

2. alpha-BHC 0.00003 0.00003

3. Chlordane 0.002

4. 4,4'-DDE 0.00004 0.00004

5. 4,4'-DDD 0.00011 0.00011

6. 4,4'-DDT 0.00012 0.00012

7. Dieldrin 0.00002 0.00002

8. Endrin 0.002

9. Heptachlor 0.0004

10. Heptachlor epoxide 0.0002

11. Lindane (gamma-BHC) 0.0002

---

104

12. Toxaphene 0.003

Polychlorinated Biphenyls

1. Polychlorinated Biphenyls * 0.0005

(as Decachlorobiphenyl)

       

* See 40 CFR 761.120, as incorporated by reference at Section 732.104, for USEPA "PCB

Spill Cleanup Policy."

1) Acceptable Detection Limit - "Test Methods for Evaluating Solid Wastes,

Physical/Chemical Methods," EPA Publication No. SW-846 and "Methods for the

Determination of Organic Compounds in Drinking Water," EPA, EMSL, EPA-600/4-

88/039, as incorporated by reference at Section 732.104 of this Part, must be used. For

parameters where the specified objective is below the ADL, the ADL shall serve as the

objective until the USEPA promulgates lower ADLs. When promulgated, the new USEPA

ADL or the specified objective, whichever is higher, shall apply. For other parameters the

ADL must be below the specified cleanup objective.

2) For soil, based upon the concentration determined by the Method 1311 Toxicity

Characteristic Leaching Procedure (TCLP) at 40 CFR 261, Appendix II, as incorporated

by reference at Section 732.104 of this Part.

(Source: Repealed at 21 Ill. Reg. ___________________, effective _____________________.)

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105

Section 732. Table BSoil Remediation Methodology: Model Parameter Values (Repealed)

PARAMETER

DEFINITION (UNIT)

MODEL

VALUES

S

d

Source width (vertical plane) [cm]

304.8

S

w

Source width (horizontal plane)

[cm]

609.6

a

x

Longitudinal dispersivity [cm]

0.1 * x

a

y

Transverse dispersivity [cm]

a

x

/3

a

z

Vertical dispersivity [cm]

a

x

/20

U

Specific discharge (K

s

i/q

s

) [cm/day]

0.346

K

s

Saturated hydraulic conductivity

[cm/d]

86.4

k

s

Sorption coefficient [cm

3

-H

2

O/g-

soil]

Chemical specific

q

s

Volumetric water content of

saturated zone

0.25

i

Groundwater gradient [cm/cm]

0.001

l

First order degradation constant

[day

-1

]

Chemical specific

x

Distance along the center line from

edge of dissolved plume source

zone [cm]

152-6096

U

gw

Groundwater Darcy Velocity

[cm/year]

2500

d

gw

Groundwater mixing zone thickness

[cm]

304.8

r

s

Soil bulk density [g/cm

3

]

1.7

q

as

Volumetric air content in vadose

zone soils [cm

3

- air/cm

3

- soil]

0.22

q

ws

Volumetric water content in vadose

zone soils [cm

3

- water/cm

3

- soil]

0.12

H

Henry's Law constant [cm

3

-

water/cm

3

- soil]

Chemical specific

---

106

I

Infiltration rate of water through

soil [cm/year]

30

W

Width of source parallel to

groundwater flow [cm]

1500

(Source: Repealed at 21 Ill. Reg. ___________________, effective _____________________.)

---

107

Section 732. Table C

Soil Remediation Methodology: Chemical Specific

Parameters (Repealed)

Chemical

Sorption

Coefficient

(k

s

Henry's

Constant

(mg/l)

Benzene

0.38

0.0009

0.22

1750

0.005

Toluene

1.349

0.011

0.26

535

1.0

Ethyl Benzene

0.955

0.003

0.32

152

0.7

Xylene

2.399

0.0019

0.29

130

10.0

Naphthalene

12.88

0.0027

0.049

31.7

0.025

Benzo(a)pyrene

3890.45

0.0007

1.49 x 10

-9

0.0012

0.0002

(Source: Repealed at 21 Ill. Reg. ___________________, effective _____________________.)

---

108

Section 732. Table D

Soil Remediation Methodology: Objectives (Repealed)

Distanc

Benzen

Toluene

Ethyl

Xylene

Naphthale

Benzo(a

Soil Cleanup Objectives (PPM) (mg/kg)

5

0.005

1.0

0.7

10.0

0.025

0.019

10

0.005

11.010

0.7

10.0

0.025

0.025

15

0.005

13.943

0.7

10.0

0.025

0.033

20

0.005

13.943

0.7

10.0

0.025

0.045

25

0.005

13.943

1.507

10.0

0.459

0.065

30

0.005

13.943

2.908

10.0

0.991

0.084

35

0.005

13.943

2.908

10.0

2.095

0.084

40

0.005

13.943

2.908

10.0

4.305

0.084

45

0.005

13.943

2.908

10.0

7.366

0.084

50

0.005

13.943

2.908

10.0

7.366

0.084

55

0.005

13.943

2.908

10.0

7.366

0.084

60

0.005

13.943

2.908

10.0

7.366

0.084

65

0.007

13.943

2.908

10.0

7.366

0.084

70

0.010

13.943

2.908

10.0

7.366

0.084

75

0.015

13.943

2.908

10.0

7.366

0.084

80

0.020

13.943

2.908

10.0

7.366

0.084

85

0.028

13.943

2.908

10.0

7.366

0.084

90

0.038

13.943

2.908

10.0

7.366

0.084

95

0.051

13.943

2.908

10.0

7.366

0.005

100

0.069

13.943

2.908

10.0

7.366

0.084

---

109

Section 732. Table D (Cont'd.)

Soil Remediation Methodology: Objectives

Distanc

Benzen

Toluen

Ethyl

Xylene

Naphthale

Benzo(a

Soil Cleanup Objectives (PPM) (mg/kg)

105

0.091

13.943

2.908

10.0

7.366

0.084

110

0.120

13.943

2.908

10.0

7.366

0.084

115

0.157

13.943

2.908

10.0

7.366

0.084

120

0.205

13.943

2.908

10.0

7.366

0.084

125

0.265

13.943

2.908

10.0

7.366

0.084

130

0.341

13.943

2.908

10.0

7.366

0.084

135

0.436

13.943

2.908

10.0

7.366

0.084

140

0.555

13.943

2.908

10.0

7.366

0.084

145

0.704

13.943

2.908

10.0

7.366

0.084

150

0.888

13.943

2.908

10.0

7.366

0.084

155

1.115

13.943

2.908

10.0

7.366

0.084

160

1.395

13.943

2.908

10.0

7.366

0.084

165

1.738

13.943

2.908

10.0

7.366

0.084

170

2.157

13.943

2.908

10.0

7.366

0.084

175

2.668

13.943

2.908

10.0

7.366

0.084

180

3.289

13.943

2.908

10.0

7.366

0.084

185

4.042

13.943

2.908

10.0

7.366

0.084

190

4.950

13.943

2.908

10.0

7.366

0.084

195

6.046

13.943

2.908

10.0

7.366

0.084

200

7.362

13.943

2.908

10.0

7.366

0.084

(Source: Repealed at 21 Ill. Reg. ___________________, effective _____________________.)

---

110

Section 732. Illustration A

Equation For Groundwater Transport (Repealed)

The Board used the following correct ASTM equation for steady state attenuation of chemical

concentration obtained from Domenico, P.A., "An Analytical Model for Multidimensional

Transport of a Decaying Contaminant Species."

Journal of Hydrology

, Vol. 91, pp:49-58, 1987,

referenced in the ASTM guide for Risk-Based Corrective Action Applied at Petroleum Release

Sites, approved may, 1994:

C = Dissolved hydrocarbon concentration along centerline of dissolved plume [g/cm

3

-H

2

O]

C

source

= Dissolved hydrocarbon concentration in dissolved plume source area [g/cm

3

-H

2

O]

S

d

= Source width (vertical plane) [cm]

S

w

= Source width (horizontal plane) [cm]

a

x

= Longitudinal dispersivity [cm]

a

y

= Transverse dispersivity [cm]

a

z

= Vertical dispersivity [cm]

U = K

s

i/q

s

K

s

= Saturated hydraulic conductivity [cm/d]

k

s

= Sorption coefficient

q

s

= Volumetric water content of saturated zone

i = Groundwater gradient [cm/cm]

l = First order degradation constant

erf(_) = Error function evaluated for value of _

x = Distance along the center line from edge of dissolved plume source zone [cm]

(Source: Repealed at 21 Ill. Reg. ___________________, effective _____________________.)

Section 732. Illustration B

Equation For Soil-Groundwater Relationship (Repealed)

The Board used the following equation drawn from the ASTM guide as referenced in

Illustration A to calculate the soil leaching factor (identified as "Equation No. 4" in the IPMA

proposal discussed within the Board's Second Notice Opinio and order, Docket R94-2(a), enitiled

In the Matter of: Regulation of Petroleum Leaking Underground Storage Tanks (35 Ill. Adm.

Code 732)):

C(x)

C

=

[

x

2

(1-

(1+

4

U

) )][erf(

S

4

x

)][erf(

S

4

x

)]

source

x

x

w

y

d

z

exp

a

la

a

a

sw

s

ws

s

s

as

gw

gw

0

3

LF

(mg / l -Water)

(mg / kg - Soil)

=

[

+ k

+ H

](1+

U

IW

)

x10

cm

- kg

L - g

r

q

r

q

d

---

111

LF

sw

= Leaching factor

k

s

= Soil-water sorption coefficient

U

gw

= Groundwater Darcy Velocity [cm/sec]

d

gw

= Groundwater mixing zone thickness [cm]

r

s

= Soil bulk density

q

as

= Volumetric air content in vadose zone soils

q

ws

= Volumetric water content in vadose zone soils

H = Henry's Law constant

I = Infiltration rate of water through soil

W = Width of source parallel to groundwater flow

(Source: Repealed at 21 Ill. Reg. ___________________, effective _____________________.)

Section 732. Illustration C

Equation For Calculating Groundwater Objectives at the Source

(Repealed)

The Board used the following equation drawn from the IPMA proposal (see Illustration B) to

calculate the groundwater objectives at the source:

GW

source

= Groundwater objective at the source

GW

comp

= Groundwater objective at compliance point

C(x)/C

source

= Calculated for a distance of 5 to 200 feet using equation 1

(Source: Repealed at 21 Ill. Reg. ___________________, effective _____________________.)

Section 732. Illustration D

Equation For Calculating Soil Objectives at the Source (Repealed)

The Board used the following equation drawn from the IPMA proposal (see Illustration B)

to calculate the soil remediation objectives:

Soil Target = Soil objective at the source

LF

sw

= Soil leaching factor calculated using equation 2

SF = Safety factor (1000)

(Source: Repealed at 21 Ill. Reg. ___________________, effective _____________________.)

source

comp

source

GW

=

GW

(C(x) / C

)

SoilTarget =

GW

( LF

)SF

source

sw

---

112

---

113

Section 732.Appendix C

Backfill Volumes

Volume of Tank in

Gallons

<285

285 to 299

300 to 559

560 to 999

1000 to 1049

1050 to 1149

1150 to 1999

2000 to 2499

2500 to 2999

3000 to 3999

4000 to 4999

5000 to 5999

6000 to 7499

7500 to 8299

8300 to 9999

10000 to 11999

12000 to 14999

15000 to 19999

Maximum amount of

backfill material to be

removed in cubic

yards in place

54

55

56

67

81

89

94

112

128

143

175

189

198

206

219

252

286

345

Maximum amount of

backfill material to be

replaced in cubic yards in

place

56

57

58

70

87

96

101

124

143

161

198

219

235

250

268

312

357

420

(Source: Added at 21 Ill. Reg. __________, effective ___________________________)

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that

the above opinion and order was adopted on the _____ day of ___________, 1997, by a vote

of ______________.

___________________________________

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board