)

)

)

PCBNo.04-

)

(RCRA

—

Ninety Day Extension)

)

)

DorothyM. Gunn, Clerk

Daryl Dierwechter

Illinois Pollution Control Board

HSES Director, NA CASPI

James R. Thompson Center

Eastman Chemical Company

100 West Randolph Street

400 East Cottage Place

Suite 11-500

Carpentersville, IL 60110

Chicago, IL 60601

PLEASE TAKE NOTICE that I have today filed with the office of the Clerk of the Pollution

Control Board a REQUEST FOR NINETY DAY EXTENSION OF APPEAL PERIOD, copies of which

are herewith served upon you.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Respondent

Assistant Counsel

Special Assistant Attorney General

Division of Legal Counsel

1021 North Grand Avenue, East

P.O. Box 19276

Springfield, Illinois 62794-9276

217/782-5544

217/782-9143 (TDD)

Dated: August 28, 2003

OF THE STATE OF ILLINOIS

EASTMAN CHEMICAL COMPANY,

Petitioner,

V.

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

RECEIVED

CLERK’S OFFICE

SEP 022003

STATE OF ILLINOIS

Pollution Control Board

NOTICE

---

OF THE STATE OF ILLINOIS

EASTMAN CHEMICAL COMPANY,

)

Petitioner,

)

V.

)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

)

OF APPEAL PERIOD

NOW COMES the Respondent, the Illinois Environmental Protection Agency (“Illinois

EPA”), by one of its attorneys, John J. Kim, Assistant Counsel and Special Assistant Attorney

General, and, pursuant to Section 40(a)(1) of the Illinois Environmental Protection Act (415

ILCS

5/40(a)(1))

and

35

Iii. Adm. Code 105.208, hereby requests that the Illinois Pollution

Control Board (“Board”) grant an extension ofthe thirty-five

(35)

day period for petitioning for a

hearing to November 26, 2003, or any other date not more than a total of one hundred twenty-

five

(125)

days from the date of service ofthe Illinois EPA’s final decision. In support thereof,

the Illinois EPA respectfully states as follows:

1.

On July 23, 2003, the Illinois EPA issued a final decision to the Petitioner

regarding the Petitioner’s RCRA Closure Activities. (Exhibit A)

2.

On August 8, 2003, the Petitioner made a written request to the Illinois EPA for

an extension of time by which to file a petition for review, asking the Illinois EPA join in

requesting that the Board extend the thirty-five day period for filing a petition to ninety days.

The Petitioner did not represent when the final decision was received, though the Illinois EPA

hereby asserts that service would not have been completed any earlier than July 24, 2003, which

was one day following the date ofthe letter. (Exhibit B)

REC1EIVT~D~

CLERK’S OFFlr’p

SEP

0 2 2003

STATE OF ILLINOIS

Pollutj0,~Control &crd

PCBNo.04-

2

(RCRA

—

Ninety Day Extension)

1

---

3.

The additional time requested by the parties may eliminate the need for a hearing

in this matter or, in the alternative, allow the parties to identify issues and limit the scope of any

hearing that may be necessary to resolve this matter.

WHEREFORE, for the reasons stated above, the parties request that the Board, in the

interest of administrative and judicial economy, grant this request for a ninety-day extension of

the thirty-five day period for petitioning for a hearing.

-

Respectfully submitted,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Respondent

Assistant Counsel

Special Assistant Attorney General

Division ofLegal Counsel

1021 North Grand Avenue, East

P.O. Box 19276

Springfield, Illinois 62794-9276

217/782-5544

217/782-9143 (TDD)

Dated: August 28, 2003

This filing submitted on recycled paper.

2

---

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/01/

1 84?

428

2679 P.03

ILLINOIS ENVIRONMENTAL PROTECtION AGENCY

1021 Nogm GwIu Avifiul

List.

P.O. Box 19276,

5p~iscntw.

IwNois

62794-9276

jn,1E5

K TpsoNeos

C~t’arit,

IoU Ww RANDQtPH, Stint 1 1—300, CwCAGO,

IL

60601

Ron R.

Bt~~cogvici1,

Gov~NoR

RENEE Cw*i*r.ao, DIRECTOR

~)u1y

23,

2003

CERTiFIED MAlL

tooz i1SO

0000

1219

7585

Eastman Chemical

Company

Attention: JeffNelson

400 East

Cottage Place

Carpentersvilie, illinois 60110

Re:

0890200001

—

Kane County

Eastman Chemical

1tD005083316

Log No-

C-522-M-6

Received: Februazy

19,2003

KCRA

Closure

Dear Mr. Nelson:

This is in responseto the Fcbniary 18 2003 submittal made on behalf

of

Eastman Chemical

Company by Harish 0. Rae, P.E., PILl) ofLevine FEiCIEE regardingRCRAclosure activities

at

the

above-referenced facility. As you know, a plan to complete closure ofa 15,000 gallon

above-ground tank, a 2,500 gallon underground tank and their associated piping/trenches (also

refbvred to as ~SWMU

3”) at

the subjectfacility was approved by Illinois EPA on March 169

1990 (Log No. C-522); several modifications to this plan have also been approved Illinois

EPA

(Log No- C-522-M.1 thru

C-522-M-5),the

last being

on March

25,

J9~3.

A substantial

amount

of

investigation and remediation efforts have been completed

to

date

on this prOject including

installation/operation

of

a soil vapor extraction

system

and continued groundwater monitoring.

Dr..

Jtao’a

submittal included a document entitled Modilication tO RePS

Closure

plan

for Solid

Waste ManagementUnit

3,

dated February

18,2003.

The introduction

to

this document

indicates the following elenwqts comprise the proposedmodifications

to

the closure plan:

• Continuation

of

manufacturing operationsat the

Site.

• Tczminati6n

of

operation

of

the

SVE System which cannot function

properly

given the

site geologic conditions.

• Modification

of

groundwater monitoring

to an annusi program with locations (one

upgradient

and four

downgradient) suited to monitoring potential contaminant

migration

from

the

SWMU ~ areato the downgra4ient Site borde~t,and notification

if there is

indication

of

any

migration contaminants ofconcern (COCa)

that threaten human health

or the

environment

R0ol~Qw-4302 Math Main Sate~.Rock(Oid, It 61103-(015) 957-7760

‘

Va 1V1r45- 9511 bY. MayboaSL On PI&tw’, It

ooqi

ci- (547) 394-4000

ElaN 535

Saab

Slate.

E1vn~it

60123-

(547)608-31 3~

‘

-

54~5

N.

U&n&ty

St. p,eiS, H.

61614- (1Q91

69354$3

Ovum

cw

LAW-

-

TWO H.

UnlvetMty St. P~di,IL

61614-1309)

693-5402

•

-

2125

South Fitg SaCS,

Cbompaisn, II. 65Z0 -(217)

275-5000

-45005. Siiith

Slaic Rd.,

SprinfitW, It G2706-~P1786-6592

•

C~MNSV*Lt-

2(109 MalI Sunt. CaIlinsviIIu. It

62234 -(610)346-9120

MAQN - 2.409W. MAh~

SI-. SuIt

116.

MariOn, it.

62939

-161W 993-7200

Pttsim as

Rnvu

to PAIU

Is’

217/524-3300

---

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Mr.

JeffNelson

Page 2

• Maintenance

ofadequate engineeredbarriers at theSite to

Prevent

exposUre to soil or

groundwater at the

Site.

• Commitment

to

address remaining SWMU

3

contaminants in soil and groundwater upon

1) observation (via the groundwater monitoringprogram) that

COCs in

groundwater

have

migrated to downgradientmonitoring points, or 2)tennination I SWMU 3 area

-

manufacturing operations and demolition ottbe East Production Building.

fllSis

EPA has completed its review ofthe subject submittalandhas determined that it cannot

be approved

as

a

closure plan modification request at this time for the following reasons:

1.

35111. Mm.

Code

725.213(b)

allowsIllinoisEPA

to approve

requeststo extend the time

needed to

complete

closure ofa

former Iwardous waste management unit.

To

approve

such are

request

for

this

closureproject,

information must be submitted

by the

fatUity

demonstrating that:

(1) additional time is necessary tocoruplete closure; and (2) the

ownerfoperator has taken and Will continue

to

take all steps necessary to prevent threats

to human health andthe environment from the unit, including compliancewith all

applicable interim status requirements, No such information was contained in

the

submittal.

2.

35111. Mm.

Code 725.297 requires an

owner/operator

ofa formerhazardous

waste tank

-

undergoing closure remove or decontaminate all waste residues,contaminated

• structures/equipment containment componentsand contaminated soil. This regulation

goes

on to

statethat

if an

owner/operator cannot remove

or

decontaminated all

contaminated soils

at the tank,

then theunit must

be closed as a

landfill awl receive post-

closure

care in accordance with 35111. Mm. Code

725.410and

Subparts Ci and

H.

Given

the

fact that Eastman Chemical has notremoved

or decontaminated all

contaminated soil

from thevicinity

ofthe

subjecttank, then

it

may be appropriate to

close

this

unit as a

landfill andprovide the required post-closure care

ofthe unit.

3.

A

review of

illinois

EPA

files indicates that

the

subject tanks did

not have

appropriate

secondary containment. Thus,

it

appears as though the facility should

develop a

contingent

plan

for closing this unit asa landfill andthen providing post-closure care for

the unit (see 3$

Ill. Adm. Code

725297).

In addition, estimates for

the

cost ofthis

contingent

scenario should

be developed and financialassurance for

closure shouldbe

established in

this

amountlIlt

is greater

than

the

cost

of

completing “clean

closure” of

the unit.

*

4.

The Illinois

EPA

does not

concur with Eastman’s proposal

to address

groundwater COCs

associated

with

SWMU 3

upon termination of

manufacturing operations

and demolition

~f

buildings

at

the site. The COCs in groundwater must be addressed at this time.

---

*

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Mr.

JeffNelson

•

•

*

C-522-M-6

Page 3

Consequently, as found in Rent

6 below, Eastman

must submit a revised groundwater

monitoring plan for SWMU

3 tothe

minois for review and approval.

5.

Quarterly groundwater monitoringmust continue in accordance with the requirements

outlined in the Illinois

EPA

letter dated March

25,1

99S,

until such time that the Illinois

EPAreviews and approves arevised groundwater monitoringplan for SWMU

3

(see

Item6 below).

6.

Within ninety (90) days, Eastman must submit to

theIllinois

EPA for review and

approval, at the address provided in Item

S

below, a revised groundwater monitoringplan

for SWMU

3

that addresses

the

groundwater contamination associated with SWMU

3.

The

revised plan must include, butneed not be limited

to,

the following:

a.

Proposed measures

to

determine the full extent andamount

of

the

LNAPL

beneaththe East Production Building.

The

activities proposed must be sufficient

to adequately characterizethe free product associated with

SWMU 3. Because

the free

product remaining at

the

site is a continual source

of

groundwater

contamination, Eastmanmust propose a course

of

action

to

address

this

issue.

b.

A plan

to

further define the

extent of

groundwater contamination in

the

vicinity

of

wells

509$. 5lOS

and

51 is. The

plan must identi& additional groundwater

activitiesthat Will be necessary to determine

if

groundwater has been impacted

downgradient

of

the aforementioned

wells.

A plan addressing anyinvestigation

of

groundwater must include

at

aminimum deraIls addressinw (I) COCs; (2)

proposed locations for additional groundwater monitoringwells,

if

necessary:

(3)

sampling andanalysis procedures;

(4)

a course

of

action; and

(5)

any other

pertinent information.

7.

The

following options in regards to clean closure

for

groundwater at

SWMLJ 3 ~

*

available to

the

facilityonce

the

remaining free product

at thefacility has been

adequately

delineated and removed

tothe

maximum extent practicable:

a.

Groundwater monitoring must continue until

such

time that the applicable

groundwater quality requirements

of

35

ill. Mm. Code 620 and

35111.

Adrn.

Code 742 are met for four consecutive quarters. Ifgroundwater is found to be

free ofcontamination for four consecutive quarters, then the groundwater

monitoring requirements for

SWMU 3

will be satisfied. However groundwater

monitoring

must

continue until

it

can be demonstrated

to theIllinois EPA’s

satisfaction that

the

quality ofgroundwater meets

the

applicable

cleanup

requirements and

the

free productat thesite has been adequately addressed.

---

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* *

Mr. Jeff

Nelson

C-522-M-6

*

Page

4

b.

Ifclean closure ofgroundwater cannot be achieved as described in Condition 4(a)

above, Eastmanmay electto addressremainingCOCa in groundwaterat SWMU

3 by

developing

35111. Mm.

Code 742 TieredApproach to Corrective Action

(TACO) GROs, TACO

provides flexibility in developing site-specific

remediation objectives including theexclusion ofexposure routes and three tiers

for selecting rcntcdiation objectives. Regardless ofthe approach propose&by the

facility, the applicable criteriafound in

35111.

Mm.

Code 742

must be addressed

thoroughly with site-specific information.

*

c.

Ifclean closure ofgroundwatercannot be achieved as describedin Conditions

4(a) and4(b) above, Eastman may elect to propose the establishment ofa

Groundwater Management Zone (GMZ) in accordance with 35111. Adni. Code

620.250. A GMZ is athrec-disncnsiocal region containing groundwater being

managed to mitigate impairment caused

by

the release ofcontaniftnnts at the site.

The establishment ofa GMZ, associated with PLCRAclosure activities, must be

approved by theIllinois EPAunder an existing corrective actionprocess.

8.

Eastmanshall submit theinformation required by Item6 above to the IllinoisEPAat

theaddress provided below:

Illinois

EPA

*

Bureau

of

Land-*33

Permit Section

1021

North Grand

Avenue East

P.O.

Box 19276

Springfield, illinois

62794.9276

*

9.

Based upon a review of

all available information,

it

appears as though Eastman

Chemical

should

make an evaluation to determinelithe subject tanks

could be..

“clean-closed” at this time

by

meetingreniediation objectives developed in

accordance with

35111. Mm.

Code 742. Due to the fact that it has been thirteen years

since closure

ofthe

subject units began, if

a

demonstration cannot be

made that

closure

ofthe units meets

acceptable remediation objectives,then

itappears as though

Eastman should

submit aclosure plan modification request proposing that the units

be

closed as alandfill and receive therequired post-closum care, Detailed plans for

either option must be submitted to Illinois EPA for review and approval. Guidance

for developing

closure planmodifications

is

attached.

This letter shall constitute Illinois

EPA’s

finaldecision

on the subject submittal.

Within

35 days

ofthe date of

mailing

oftheIllinois EPA’s final decision, the

applicant

may

petition

fora

hearing

before theIllinois Pollution

Control

Board to contestthedecision ofthe

IllinoisEPA, however,

---

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*

AUG-13—2003 15:35

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Mr. JeffNelson

C-522-M-6

Page

5

the 35-day period for

petitioning for ahearing

may be

extendedfor aperiod

of

time not

to

exceed ninety daysby ssttten noticeProvaded

to

the Board from the applicant andthe Illinois

EPA within the 35-day initial appeal period.

Work required

by

thisletter, your submittal

or

the regulations may also be

subject to

other laws

governingprofessional services, such as theIllinoisProfessional Land Surveyor Act

of

1989,

the

Professional EnginetringPractice

Act of 1989, the

Professional Geologist Licensing Act, ~nd

the

Structural Engineering Licensing

Actof 1989.

This letter doesnot relieve anyone from

compliance with these laws and theregulationsadopted pursuant to these laws. All work that

falls within the scope and

definitions of

these lawsmust be performed in compliance with them.

The

Illinois EPA may refer any discovered violation

of

these laws to

the

appropriate regulating

authority.

Should you haveany questions regarding thegroundwaterrelated aspects

ofthis project, please

contact Jeff Guy

at 2171558-2710.

Questions regarding other aspects ofthisproject should be

directed to James

IC.

Moon,

P.E. at

2I71524-3295~

JoyceL MuniP*

Manager, Petmit

Bureau

of

Land

JLMj~fs4i~h\O32083s4oc

Attachrnait RCRA Closure Plan Guidance

cc:

Harish 0. Rao

TO1~L

P.06

TOTAL

P.07

TOTAL P.0?

Sincerely,

---

AUG—13—2003 15:13

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2177829807 P.02/0?

1 84? 428 2679 P.02

Eastman Chemical

Company

400 East Cottage Place

EItSrIVli’tIl

Carpentersvine, illinois

60110

www.eastrnan.com

August

8, 2003

Illinois EPA

Attention: Jeff Guy

*

Bureau ofLand- #33

-

Permit

Section

1021

North Grand

Avenue East

Springfield, Illinois 62794-9276

Re:

0890200001

—

Kane

County

Eastman Chemical

1LD005083316

*

Log.No. C-522-M-6

*

RCRA Closure

Dear Mr. Guy:

As discussed

during

our

telephone conversation on August 6,

2003, representatives of

Eastman Chemical Company (Eastman) will be meeting with Illinois EPA (EPA) on

Thursday, August 28, 2003 at ‘1:30 pin. The purpose ofthe meeting will be to discuss

Eastman’s Modification toRCRA ClosurePlan for Solid Waste Management Unit 3 and

1EPA’s

subsequent response letter

(dated

July 23, 2003). A more detailed meeting

agenda

was e~mailedto you on August

1,

2003.

*

Since

we were unable to schedule the meeting within the

35-day

time limit

specified in

IEPA’s

July

23,

2003

letter, Eastman is requesting

a

30-day

extension to the deadline for

petitioning for a hearing.

* *

*

*

*

Thank

you for

your assistance in arranging

the meeting. I look

forward

to meeting

with

you on

August

28th• Also, please respond to

our

request for

the 30-day extension

at your

S~rel~~~

Daryl Dierwechter

HSES Director, NA CASPI

Eastman Chemical Company

*

Respon5ible Care®

A Pubte Commitment

---

CERTIFICATE OF SERVICE

I, the

undersigned attorney at law, hereby certify

that on August 28, 2003, I served

true

and

correct copies of a REQUEST FOR NINETY DAY EXTENSION OF APPEAL PERIOD,

by placing

true and correct copies

in properly sealed and addressed envelopes

and

by depositing

First Class Mail postage affixed thereto, upon the following named persons:

Dorothy M. Gunn, Clerk

Daryl Dierwechter

*

Illinois Pollution Control Board

HSES Director, NA CASPI

James R. Thompson Center

*

Eastman Chemical Company

100 West Randolph Street

400 East Cottage Place

Suite 11-500

Carpentersville, IL 60110

Chicago,

IL 60601

*

Assistant Counsel

Special Assistant

Attorney

General

Division ofLegal Counsel

1021 North Grand Avenue, East

P.O. Box 19276

*

Springfield, Illinois 62794-9276

217/782-5544