BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
NOTICE
CERTIFICATE OF SERVICE

BEFORE THE POLLUTION CONTROL BOARD

OF THE

STATE OF ILLINOIS

DETREX CORPORATION,

Petitioner,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph Street

Suite

1 1-500

Chicago, IL 60601

~V ED

CLERK’S

OFFICE

DEC

2003

STATE

OF ILLINOIS

)

Pollution

Control Bocird

)

PCBNo.04-

JOf

)

(LUST Appeal

—

Ninety Day Extension)

)

NOTICE

David Craig

Manager of Environmental and Safety

Compliance

P.O. Box 5111

Southfield, MI

48086-5111

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 ofLegal Counsel

1021

North Grand Avenue, East

P.O.Box 19276

Springfield, Illinois 62794-9276

217/782-5544

217/782-9143 (TDD)

Dated: December 23, 2003

~VE

CLERK’S

OFFICE

BEFORE

THE POLLUTION CONTROL BOARD

DEC

2 62003

OF THE STATE OF ILLINOIS

STATE OF ILLINOIS

POllutj0yj

cOfl~TO!B0~

DETREX CORPORATION,

)

Petitioner,

)

PCBNo.04-

ILLINOIS ENVIRONMENTAL

)

(LUST Appeal

—

Ninety Day Extension)

PROTECTION AGENCY,

)

Respondent.

)

REQUEST

FOR

NINETY

DAY EXTENSION

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

Section

40(a)(1)

of the Illinois

Environmental

Protection Act

(415

ILCS

5/40(a)(1))

and

Ill.

Adm.

Code

105.208,

hereby requests

that

the

Illinois

Pollution

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

(35)

day period forpetitioning for a

hearing to

April 27,

2004,

or any other

date not more than a total of one

hundred

twenty-five

(125)

days from the date of the Illinois EPA’s final decision.

In support thereof, the Illinois EPA

respectfully states as follows:

On November

19, 2003, the Illinois EPA issued a final decision to the Petitioner.

(Exhibit A)

On December 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 wasreceived.

(Exhibit B)

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,

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,

LL1NOIS

ENVIRONMENTAL PROTECTION AGENCY,

Respondent

John

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: December 23, 2003

This filing submitted on recycled paper.

ILLINOIS

ENVIRONMENTAL

PROTECTION AGENCY

1021 Noimi

GRAND

AVENUE

EAST,

P.O.

Box

19276,

SPRINGFIELD,

1(LINOIS

c~2794-9276

JAMES R. THOMPSON

CEN I ER,

100

WEsT

RANDOLPH,

Sun

11-300,

CEIICAáo,

60601

RoD

BL,~coJLvlcI•r,GOVERNOR

RENEE CIPRIANO, )~rcroR

217/524-3300

November

 19, 2003

 CERTIFIED MAIL

7002

 3150 0000 1219 9459

Mr. David

Craig

Dctrex Corporation

P.O. Box 5111

Southfield, Michigan 48086-5111

2003

Re:

0311860003--CookCounty

Detrex CorporationlMelrosc Park Facility

DETREX

L!)074424938

LogNos. B-l13-CA-3; B-113-CA-4

RCRA Permit

I)ear Mr.

Craig:

This is

iii

response to the following documents: (1) a document entitled “Phase

11 Stage 2

Investigation Summary

and Tier

1 TACO Screening Evaluation for the Detrex’s Corporal ion’s

RCRA Facility in Mclrosc Park, Illinois”; and (2) a document entitled “Tier 2 TACO Analysis

forDetrex RCRA Facility, Melrose Park, Illinois, Addendum to Dames & Moore’s June 29,

1997 Site Investigation Report”.

These

submittals were prepared and submitted on your behalf

by Ms. Betty J. Loccy, Ph.D., of Dames & Moore regarding RCRA corrective action activities

being carried out at the above-referenced facility.

Overall, the facility is requiredto investigate and remediate, as necessary, four solid waste

management units (SWMUs) in accordance with the requirements set forth in Section lIE of the

facility’s RCRA permit (Log No. B-I 13

and associated modifications).

A drawing showing the

location ofthe four SWMIJs withinthe facility is attached.

Illinois EPA approved a Phase I

RCRi~

Facility Investigation (RN) Work Plan on June 17,

1993.

A RFJ Phase I Report was

approved by

IlLinois EPA on June

15,

1994.

A RFI Phase H Work

Plan was approved by Illinois

J.~PAon January 27,

1995.

A RFI Phase

11 (Stage 1) Report and proposed Stage

11 activities were

approved by Illinois EPA On July

18,

1996,

The first submittal mentioned above contained results of the Stage JI site assessment and a

Tiered Approach to Corrective Action Objective (TACO) Tier

evaluation for soil and

groundwater.

The second submittal mentioned above contained: (1) a TACO

Tier

2

evaluation

for soil; (2) a Tier 3 evaluation;

(3) a basis for eliminating the groundwater pathway; and

(4) a

conclusion that a combination of institutional and engineering control be used to limit exposure

and

risk at the site.

RocKroku —4302

North

Main

Street, Rockford, IL 61103

—(815) 987-7760

•

DES

I’LAINES

—9511

Harrison St.,

Dc,

Plaines,

IL 60016~-

(847) 2944000

—595

South State.,

Elgin,

IL 60123—

(047)

608-3131

•

PtornA —5415

N. University St., Peoria,

IL 61614

—(309) 693-5463

Vu,tAu or

LAND

I’LOSIA

—

7620

N. ~

II.

61820-. (2)7)2705600

Si’RINC;iist n—4500

5. Sixth Street

Rd.,

~viIIe,

62234

•-

(618) 346-5120

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Mr. David Craig

Log Nos.

13-1 13-CA-3 & 4

Page 2

The subject subinittals were reviewed as modifications to~~l~e

RCRA corrective action program

for the subject facility and cannotbe approved at this time due to the following reasons:

Based upon a review ofthe January 1998 submittal, it appears that the facility intends to

eliminate the soil ingestion, inhalation and migration to groundwater exposure routes.

Ilowever, it was not identified what regulations were usedto

eliminate these exposure

routes.

The facility must clearly identify the regulations in

111. Adm.

Code 742 that were

used to eliminate these exposure routes.

The facilitymust also identify how the

requirements ofthose regulations were met.

Based upon a review ofthe sampling results, it appears that soil contamination exceeds

both the soil attenuation capacity and the soil saturation capacity at some sampling poitits.

Jn accordance with 35 lii. Adm. Code 742.305(a)

and (b), an exposure route cannot be

excluded if concentration oforganic contaminants ofconcern exceeds the soil attenuation

capacity and soil saturation limit, respectively.

The facility must identify how the

exceedanees above the soil attenuation capacity and soil saturation limit wfll bc addressed.

It should be noted that a comparison ofthe soil attenuation capacity or soil saturation

limit

be macic to the contaminant concentration ata discrete sampling point not the average

values.

It appears that the

facility intends to eliminate ingestion and inhalation exposure routes

using engineered barriers, such as existing building, and landscaping (grass coveted areas).

In order to use an engineered barrier to eliminate an exposure route, the facility must

propose engineered barriers that meet the requirements of35

111.

Adm. Code 742, Subpart

K, for Illinois EPA’s review and approval.

Areas with landscaping, grass covered or snow

covered areas are not considered proper engineered barriers-under

Ill. Adm. Code 742,

Subpart K.

Use ofengineered barriers and elimination ofexposureroutesrequires that an instiLutional

control be established to place certain restrictions at the site.

An environmental land use

control (ELUC) is

acceptable institutional control under 35

111.

Adm. Code 742 (‘lACO)

and must be submitted to the Illinois

EPA for review and approval.

A deed restriction as

proposed in Section

5.0

cannot be used as an institutional control under TACO.

A model

ELUC can be found atIllinois EPA’s website ~www.epa.s1ate.iLus~.

Section 4.4 ofthe January

1998 submittal does not conclusively demonstrate that off-site

impacts cannot be associated to Dctrcx facility.

Trichioroethene that

was detected in off-

site samples at high concentrations is themain cont~.minantat thefacility and wasalso

managed atthe facility.

Section 4.4 also indicates that commercial/industrial

criteria

developed for on-site receptors is appropriate for the adjacent properties.

It should he

noted that if Tier 2 remediation objectives are used to evaluate off-site contamination

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LogNos. B-113-CA-3 &4

Page 3

are based-on land use otherthan residential, an institutional control will be ii~c~ssary

place land use restrictionat off-site property.

This may require concurrence ofoff-site

property owners to allow land use restriction be placed on their property.

Illinois EPA has the following comments regarding groundwaterinfort~a1ioncontained in

the subject submittals:

In accordance with 35111. Adrn. Code 742.800, ifthe contaminant concentrations in

groundwater exceed the applicable Tier

1 remediation objectives, a facility has the

option to propose and obtain approval ofTier 2 groundwaterremediation objectives

in accordance with 35

111. Adm. Code 742.805.

In order to develop Tier 2

groundwater rernediation objectives and request approval from the Illinois EI~A,

the

facility must provide information associated with

Ill. Adni. Code 742.805(a)

through (c).

At this time, the llinois

EPA cannot concur that it is appropriate to eliminate the

groundwater ingestion exposure route.

The facility has not demonstrated, in

accordance with 35 Ill. Adm. Code 742.320, that the elimination is appropriate for

the site.

Any

demonstrationto exclude the groundwater ingestion exposure route

must meet the requirements found in 35 Iii. Adm. Code 742.320 and be submitted to

the Illinois EPA

for review and approval.

All information used to develop groundwater remediation objectives in accordance

with

Ill. Adm.

Code Part 742 must be provided to the

Illinois EPA for review and

approval.

Specifically, in regards to groundwater, any proposal for Tier 2

groundwater remediation objectives must contain detailed information in support of

any calculations made.

This includes providing:

The actual calculations made;

ii.

Identification ofall input values for the calculations; and

iii.

Documentation supporting the input values used in conducting the calculation.

All physical parameters used in making the calculations must be site-specific.

The City of Meirose Park Ordinance #321

has been approved lbr use as an

institutional control and the City ofMelrose Park and the Illinois EPA have entered

into

a Memorandum ofUnderstanding.

In order to utilize the ordinance as

an

institutional control to restrict the use of groundwaterthe facility must provide the

information required by 35 Ill. Adm. Code 742, Subpart J and Attachment 3

to this

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Mr. David Craig

Log Nos. B-I l3-CA-3 & 4

Page 4

letter entitledUseof au

Ordinance as an Institutional Control for Ground

RCRA Closure Projects.

Currently the Class II Groundwater Quality

Standards as they appear in

35111. Adin.

Code 620.420 are the facility’s groundwater cleanup objectives for the shallow

groundwater beneath the site.

Fhcse cleanup objectives shall apply until alternative

standards are approved pursuant to

Ill. Adm. Code

620.450(a)(4)(13)

using the

procedures found in 35

ill. Adm. Code 742.

Approval ofalternative standards will

require maintenance ofa Groundwater Management Zone (GMZ)under 35

III.

Admn.

Code 620.450 until the applicable standards are achieved or an adjusted standard is

granted by the Illinois Pollution Control Board (PCB).

Detrex must locate groundwater monitoring well MW-4.

Groundwater monitoring

well MW-4, along with other existing wells atthe facility

~MW-l,MW-2, MW-3,

MW-5, and MW-6), must be maintained in accordance with 77

Il.

Adm. Code 920

regulations.

illinois EPA’s Toxicity Assessment Unit (TAU) has the following comments regarding

Tier 2/Tier 3

analysis contained in the subject submittals:

Depth Weighted Average.

TACO is fairly specific in its guidance on

cornposit;iug

samples and averaging sample results.

When averaging sample results, discrete

samples should be taken every two feet beginning at 0.5 feet and continuing through

the zone ofcontamination.

Forthis site, itappears that a two foot samp1in~

interval

was eompositcd.

Another two foot composite was taken approximately two ftct

deeper.

These composites were then summed and divided by the length ofthe boring.

While this method is a little unconventional, it does not seem to change the outcome

to a significant degree.

Mixtures.

Mixtures ofsimilar-acting chemicals should be

addressed following the

procedures in 742.720, 742.805 and 742.9 15

forall chemicals of concern, including

those excluded from furtherconsideration in Tier 1.

Toxicity Values.

Table 6 lists the toxicity values used in the equations.

Inhalation

Reference Doses are listed, when available, for chemicals.

However, the SSL

equations use Reference Concentrations, not doses.

The

values used in the SSL

equations should be specified.

ci.

Construction Workers.

Some ofthe remediation objectives for the construction

workers exceeded.

Detrex

is requesting that these be handled with

a worker caution

statement attached to the deed.

This

is a decisionthat should be made

by CORE.

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Mr. David Craig

Log Nos. B-I 13-CA-3

& 4

Page

Barriers to Exposures.

This assessment relies on the building and landscaping to limit

or eliminate contact with soil on-site.

In accordance with 742.1000, insthutional

controls must be placed on the property when engineered barriers are used.

Land Use.

This assessment assumes that the land use will be industrial/c~nimcrcia.1.

Deed restrictions need to be placed on the property to ensure this use.

Soil Attenuation Capacity.

Samples collected from the same boring cannot be

averaged to determine compliance with soil attenuation capacity.

if the soil

attenuation capacity is exceeded, this is an indication that there is free product and the

TACO equations were not designed to model two phases.

Table 22.

This table lists the chemicals which exceeded the final Tier 2 cleanup

objectives.

A comparison with Table

18 indicates that benzo(a)pyrene and

dibenzo(a,h)anthracene also exceeded Tier 2 objectives in some soil borings.

These

two chemicals should be added to the list of chemicals in the soil column

 which

exceeded objectives.

A revised document must be

submitted to Illinois EPA for review and approvai addressing

the deficiencies noted above.

The main goal ofthis revised document is the establishment

of soil and groundwaterremediation objectives

which must

be achieved to meet the

corrective action requiremenis of the subject facility’s RCRA permit.

This submittal must

also address certain deficiencies noted above regarding:the characterizatiori:of:the

contamination present at this facility; it must be noted that

35 Ill. Adm.

Code 742.120

requires that the contamination at a facility be properly characterized before reinediation

objectives can be developed using the procedures set forth in 35

111.

Adm, Code 742.

In general, this revised document should contain the following information and be

developed in accordance with the subject facility’s RCRA permit and 35 Ill. Adm. Code

620,

724, and 742:

Background information about the facility and

 correcliv-eacthn:effctrt

 ~p!.eted

to

date;

An overview ofthe geology and hydrogeology ofthe facility;

A summary ofthe results ofthe soil and groundwater investigations conducted to

date;

Proposed soil and groundwater remediatiomi objectives -for-theproject, including all

data and information needed to develop these objectives;

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Log Nos.

B-I 13-CA-3 & 4

Page 6

A discussion ofthe procedures which will be followed to address the deficiencies

noted above regarding data gaps in the characterization ofthe soil

amid groundwaler

contamination at the facility; and

A general discussion ofthe procedures which will be followed to achieve the

proposed soil and groundwater remediation objectives.

Acompleted RCRA corrective action certification (copy enclosed)

must accompany the revised

document mentioned above as well as all

other submittals made to Jilinois EPA regarding RCRA

corrective action activities.

Overall, RCRA corrective action efforts at this facility must meet the requirements ofthe

facility’s RCRApermit and

35 Ill. Adin. Code 620,

724 and 742.

This letter shall constitute Illinois EPA’s final decision on the subject subn-~ttal. Within 35 days

ofthe date ofmailing ofthe Illinois EPA’s final decision, the applicant may petition for a hearing

before the

Illinois Pollution Control Board to contest the decision ofthe Illinois EPA, however,

the 35-day period for petitioning

for a hearing may be extended for a period oftime not to

exceed ninety days by written notice provided to the Board from the applicant and the Illinois

EPA withinthe 35-day initial appeal period.

Work required by this letter, your submittal or the regulations may also be subject to other laws

governing professional services, such as the Illinois Professional Land SurveyorAct of 1989, the

Professional Engineering Practice Act of 1989, the Professional Geologist Licensing Act, and the

Structural Engineering Licensing Act of 1989.

This letter does not relieve anyone from

compliance with these laws and the regulations adopted pursuant to these laws.

All work that

falls within the scope and definitions ofthese laws must be performed in compliance with them.

The Illinois EPA may refer any discovered violation ofthese laws to the appropriate regulating

authority.

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LogNos. B-113-CA-3 & 4

Page 7

Should you have any questionsregarding groundwater related matters

assodated with this

project, please contact Tern

Blake Myers, L.P.G., at 217/524-3300.

Questions regarding Tier 3

analysis should

be directed to Tracey Hurley at 217/785-0830; questions rcga~ding

other aspects

ofthis project should be directed to Munib Ahmad, P.E., at 217/524-3263.

•

Sincerely,

Joyce L. Munie, P.q/

Manager, Permit Section

Bureau of Land

J LM :M A:bih\03582s.doc

Attachments:

 Site LayoutMap

RCRA Corrective Action Certification From

Use ofan Ordinance as an Institutional Control for Groundwater for RCRA

Closure Projects

cc:

Betty J. Locey, Dames & Moore

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AREA3

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ViRGIN

PRODUCT

____________________________

________________

TANKS

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DOCK.

81-126

HAZARDOUS

 WASTE

SWMJ

(UNOERCRQ(JNO

—-

~IIII~

CONTAINER

STORAGE

AREA

500—GALLON

HEATING

OIL

TANK

STORAGE TANK)~

(FUEL SPILL

_______

DIKE

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RAMP

51-(’32

‘-j-’

AREA)

8H18

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NEATER ND.

I

8H1

I

—

DEPRESSED

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(WASTE

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1

HEATER

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2

_______

______

CONCRETE

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13H28

BH1’~

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______

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ASPHALT

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AVENUE

FCRMER

UNDERGROUND

8H31/MW4

STORAGE

TANK

 (CLOSED)

~H29/M~3

SCALE

30

SCIENCE

DETREX CORPORATION

& ENGtNEE~1NO.INC.

LEGEND

FIGURE

2ISIT~

PLAN

PHASE U BORING

LCCArIOH

DETREX CORPORATION

~ASE

5O~NO

MELROSE

PARK, ILLINOIS

COMPLUED

MONITORING

WELL

___________________________________________________

PROPERTY

JOB NO.

32904-003-158

DAMES & MOOR~

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RCRA

Corrective Action Certification

For:

________

Date ofSubmission:

Page 2

7.1

OWNER/OPERATOR CERTIFECATION (Must be completed for ati submittals.

Certification and signature requirementsare

setforth

IAC 702.126.)

All

submittals

pertaining to the corrective action requirements set forth

in a

RCRI\

Perlnit

must

signed by the persondesignated

below (or by a duly authorized representative ofthat person):

For a Corporation, by a principal executive ollicerofat least thelevel ofvice-president.

For aPartnership or Sole Proprietorship, by ageneral partner or the proprietor, respectively.

For aGovernmental Entity,

by either a principal

eXeCUtive

officeror aranking elected official.

A person is aduly authorized representative only if:

theauthorization is made in writing

by a persondescribed above; and

the written authorization

providedwith

this submittal (acopy ofapreviousiysubtnitied authorizalion can

used).

OwnerSignature:

Title:

OperatorSignature:

Title:

(Date)

(I)ate)

7.2

•

PROFESSIONAL CERTIFICATION

(~fnecessaiy~l

Work carried out in

this submittal or the regulations may also be subject

to other laws governing professional services, such

as the Illinois Professional Land SurveyorAct of 1989, the

Profes.siottnl

EngineeringPractice Actof 1989, the Professional Geologist Licensing Act, and the Structural Engineeritlg Licensing Act of

1989.

No one is relieved from compliance with these laws and theregulationsadopted pursuant to these laws.

All work that falls

within thescope anddefinitions of these laws

must be performed in compliance with

them.

The Illinois EPA may relbratty

discovered violation of these laws to theappropriate regulating authority.

Professional’s Signature:

Date:

Professional’s

Name:

Professional’s Seal:

Professional’sAddress:

Professional’s Phone No.:

7,3

LABORATORY CERTIFICATIOIN

(~fnecessary)

The sample collection, handling, preservation,

preparationandanalysis

efforts

for which this laboratory was responsible were carried out in accordance with procedures approved by Illinois

EPA.

Name of Laboratory

_______

Mailing Address of Laboratory

Signature

Laboratory

I)atc

Responsible Officer

Name

and

Title of Laboratory ReppoasibleOfficer

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Use of an Ordinance as an Institutional Control for Groundwater

for RCRA Closure Projects

III. Adm. Code 742.1015

 sets forth the requirements

for using ordinances as institutional

controls to restrict groundwater usage in

 an area. Suchan ordinancemust effectively prohibit the

installation and use ofpotable water supply wells.

111.

Adm. Code 742.1015(b) and (c)

• prescribes specific requirements for the information that must be submitted to the Illinois EPA

along with a request for approval of an ordinance. The remainderof

111. Adm. Codc 742.1015

includes

notification, tracking, and recording requirements that also must be met.

All

provisions

III. Adm. Code 742.1015 must be satisfied to perfect the use ofthe ordinance as

environmental institutional control.

The purpose of this document is to identify the requirements

which must

be met

when using an ordinance as an institutional control to restrict groundwater

usage at a RCRA closure site.

The informational

requirements under 35

Ill.

Adm. Code 742.1015(b) (Items l.a through f below)

must be met and submitted to Illinois

EPA for the approval ofa local ordinance as

an institutional

control. The document prepared to address these informational requirements will be incorporated

into the Illinois EPA’s eventual no further remediation determination to be recorded as required

by 35

III. Adm. Code 742.1015(f). Additionally, upon Illinois EPA approval of this document, the

dOcument shall be submitted to all owners of each affected property and to the unit of local

government as required in

Ill. Aclin. Code 742.1015(b)(6) (Item l.f below) and 742.1015(e),

respectively.

A more detailed discussion of these requirements follows:

Pursuant to 35

Iii. Adm,

Code 742.1015(b), a request submitted

to Illinois EPA for api,ro~al

of a local

ordinance as an institutional control shall provide

the following:

A copy ofthe ~ordinance

restricting groundwater use certified by

an official ofthe unit

of local government in which

the site is 1oca~ed

that

is the latest, most current copy of

the ordinance.

The ordinance must demonstrate that potable use of groundwater from

potable water supply wells

prohibited;

A scaled map(s) delineating the areal extent of groundwater contamination (measured

or modeled) above the

applicable Tier I groundwaterremediation objectives,

including:

1.

 map scale (i.e.,

 1 inch is equal to no more than

200

 feet) and date,

orientation ofthe map (north

arrow),

legal boundaries of the facility,

buildings and other permanent structures,

‘d

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Information showing the concentration ofcontaminants ofconcern in which the

applicable Tier I groundwater remediation objectives are exceeded. This information

would

best be presented

as a table identifying the contaminant(s) of concern and their

respective concentration(s);

A scaled map delineating the boundaries

of all properties under which groundwater is

located which exceeds the applicable Tier

groundwater remediation objectives;

Information identifying the current owner(s) ofeach property identified in

.1 .d. This

information would best be presented as a table which identifies the property owner’s

name(s) and addi-ess(es); and

A copy of the proposed submission ofthe information to the current owners identified

1.d of the information required in l.a through

i.e and a copy ofthe written

notification document required in

As required by

35111. Adm. Code 742.1015(b)(6) (Item l.f above), the written notification in

742.1015(c) (Item

2 below) shall be prepared and submitted for Illinois EPA review. This

document shall,

upon Illinois EPA approval, be submitted, as required by

35 Ill. Adm. Code

742.1015(c) (Item 2 below) to the property owners identified in 35 lii.

Adm. Code 742. 1015(b)(5)

(Item

I.e above) and the

Unit of

local government. This document shall also be incorporated into

the Illinois EPA’s no further remediation determination to

be recorded as required by

III. Adrri.

Code 742.10 15(f).

Each of the property owners identified in l.d and the unit of local government must receive

written notification from the

partydesiring to use the institutional control that groundwater

remediation objectives have been approved by the Illinois EPA. Written proofofthis

notification shall •be submitted to the Illinois

EPA within 45 days from the c1a~

of the

instrument

memorializing the Illinois

EPA’s no further remediation determination.

The

notification shall include:

The nameand address of the unit of local government;

•

2.

 The citation to the ordinance;

3.

 A description of the property being sent notice by adequate legal descripiion or by

reference to

a plat showing the

boundaries;

A statement that the ordinance restricting groundwater use has

hccn used by the Illinois

EPA in reviewing a request for a groundwater.remediation objective;

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A statement as to the nature ofthe release and response action with the site name,

•

address, and Illinois EPA site number orIllinois inventory identification number; and

•

A statement that more infonnation may be obtained regarding

theordinance through a

written request under the Freedom of Information Act

ILCS

140)

to:

Illinois Environmental Proteètion Illinois EPA

Attention:

Freedom ofinformation Act Officer

Bureau ofLand--#24

1021

North Grand Avenue East

P.O.

Box

19276

Springfield, Illinois 62794-9276

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•

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CORPORATION

•

P.O.

BOX 5111

•

SOUTHFIELD,

Ml 48086-5

•

(248) 358-5800

•

FAX

(248)

358-5803

December

2003

Ms. Joyce Munie, P.E., Manager

ILEPA, Permit Section

Bureau ofLand

1021 North Grand Ave. East

P0 Box 19276

Springfield

62794-9276

VIA:

Certified Mail

RE:

0311860003

—

Cooke County

Detrex Corporation / Melrose Park Facility

ILD 074 424

938

Log#s:

B-113-CA-3;B-113-CA-4

RCRA Permit

Dear Ms. Munie:

Detrex Corporation is in receipt ofyour letter dated November

19,

2003 regarding the previous

submissions

to the FRI

(Phase II Stage 2,

TACO Tier I, II, & III) performed at oursite

in Melrose Park.

We have reviewed the ILEPA’s final decisions and would like to petition for a hearing with the Illinois

Pollution Control Board to discuss the various comments noted in your letter.

However, in order to

properly prepare for that hearing we are requestingthat the original 35-day period be extended to 90-days

due tothe longevity since these documents were originally submitted and the fact that we are now

approaching years end.

I have discussed obtaining the extension with Mr. Jim Moore,

Mr. Ahmad’s supervisor.

Under his direction

this extension request is being submitted to your attention with an electronic copy sent directly to him.

Thank you in advance for your help and consideration in providing the necessary extension to the hearing

before the Illinois Pollution Control Board.

Ifyou need any additional information in order to complete the

request, please feel free to contact me at 248-358-5800, ext.

131.

rely,

David Craig

Manager ofEnvironmental and Safety Compliance

RECEIVED

CC:

File

DEC

20U3

•

S. Miles

—

DTRX

B. Locey

—

Arcadis

•

IEPA

—

BOL

J. Moore

—

ILEPA (jim.moore@epa.sate.il.us)

PFP MiT

SF•. CTION

s-zTrsDFIFAcIIUPERMI-r/2003/12o:

CERTIFICATE OF SERVICE

I, the undersigned attorney

at law,

hereby certify

that on December

23,

2003,

served

true

and

correct

copies

REQUEST

FOR

NINETY

DAY

EXTENSION

APPEAL

PERIOD,

by placing true and correct copies in properly sealed and

addressed envelopes and

by

depositing said

sealed envelopes in a U.S. mail drop box located within Springfield, Illinois, with

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

DorothyM. Gunn, Clerk

David Craig

Illinois

Pollution Control Board

Manager ofEnvironmental and

Safety

James R. Thompson Center

•

Compliance

100 WestRandolph Street

 P.O. Box 5111

Suite 11-500

Southfield, lvii

48086-5111

Chicago, IL 60601

ILLINOISENVIRONMENTALPROTECTION AGENCY,

Respo

Jo~

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)