NOTICE OF FILING
CERTIFICATE OF SERVICE

CLERK~Mn,2

JAN 1

5 2OO4’~”~

BOARD

BEFORE THE ILLINOIS POLLUTION CONTROL

STATE OF ILLINO!S

Pollution COflttüI

So~rcl

)

Petitioner,

NOTICE OF FILING

TO:

Ms. Dorothy M. Gunn

Clerk of the Board

Illinois Pollution Control Board

100 West Randolph Street

Suite 11-500

Chicago, Illinois 60601

(VIA FIRST CLASS MAIL)

John J. Kim, Esq.

Division ofLegal Counsel

Illinois Environmental Protection Agency

1021 North Grand Avenue East

Post Office Box 19276

Springfield, Illinois 62794-9276

(VIA FIRST CLASS MAIL)

PLEASE TAKE NOTICE that I have today filed with the Office ofthe Clerk of

the Illinois Pollution Control Board an original and nine copies ofPetitioner The Premcor

Refining Group Inc.’s,

APPEAL OF AGENCY

DETERMINATION REGARDING

REQUEST

TO MODIFY THE APPROVEDCLOSURE PLAN,

copies ofwhich are

hereby served upon you.

Respectfully submitted,

THE PREMCOR REFINTNG

GROUP fNC.,

Petitioner,

Dated: January 13, 2004

Edward W. Dwyer

HODGE DWYER ZEMAN

3150 Roland Avenue

Post Office Box 5776

Springfield, Illinois 62705-5776

(217) 523-4900

Edward W.~wyer

THE PREMCOR REFINING

GROUP INC.,

)

PCB No. 04-66

)

(RCRA Permit Appeal)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

)

THIS FILING SUBMITTED ON RECYCLED PAPER

CERTIFICATE OF SERVICE

I, Edward W. Dwyer, the undersigned, certify that I have served the attached

APPEAL OF AGENCY DETERMINATION REGARDING REQUEST TO MODIFY

THE APPROVED CLOSURE PLAN upon:

Ms. Dorothy M. Gunn

Clerk of the Board

Illinois Pollution Control Board

100 West Randolph Street

Suite 11-500

Chicago, Illinois 60601

John J. Kim, Esq.

Division ofLegal Counsel

Illinois Environmental Protection Agency

1021 North Grand Avenue East

Post Office Box 19276

Springfield, Illinois 62794-9276

by depositing said documents in the United States Mail, postage prepaid, in Springfield,

Illinois, on January 13, 2004.

Edward W. ~er

PREM:OO5IFiIJNOF-COS

Appeal

RECLERK’SCE

OFFICE~V

JAN

15 2QrJ4

BEFORE THE ILLINOIS POLLUTION CONTROL BOAR~~ATEOF QUNOLS

Pollution Control Board

THE PREMCOR REFINING

)

GROUP INC.,

)

Petitioner,

)

PCB

No. 04-66

)

(RCRA Permit Appeal)

ILLiNOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

)

APPEAL OF AGENCY DETERMINATION

REGARDING

REQUEST TO MODIFY THE APPROVED CLOSURE PLAN

NOW

COMES

Petitioner, THE PREMCOR REFINING GROUP INC.

(“Petitioner” or “Premcor”), by and through its attorneys, HODGE DWYER ZEMAN

(“HDZ”), and pursuant to Section 40 ofthe Illinois Environmental Protection Act (“the

Act”) (415 ILCS 5/40) and 35 Ill. Admin. Code Part 105, Subpart B, hereby appeals the

Illinois Environmental Protection Agency’s (“Illinois EPA”) decision regarding

Petitioner’s request to modify the approved closure plan. In support thereof, Petitioner

states as follows:

Premcor is a Delaware corporation doing business in the State ofIllinois.

Premcor owns property where a petroleum refinery is located in Hartford, Madison

County, Illinois (the “Refinery”). Premcor formerly operated the refinery and refined

petroleum into gasoline, diesel fuel, asphalt, and other products until September 27, 2002,

when it ceased refinery operations. Premcor continues to perform petroleum storage,

distribution, and terminal operations at parts ofthe Refinery.

On June 28, 2001, Illinois EPA approved the Resource Conservation and

Recovery Act (“RCRA”) closure plans for two former hazardous waste management

units at the refinery referred to as the “Dissolved Air Flotation Unit” and the “Roll-Off

Box Container Storage Area” (Illinois EPA Log Nos. C-830 and C-83 1 respectively).

On January 10, 2003, Illinois EPA issued a Violation Notice (“1/N”)

indicating that these units had not been properly closed needed to be addressed during

RCRA closure efforts at this unit.

On May 30, 2003, Clayton Group Services, an environmental consulting

firm, on behalf ofPremcor, submitted a request to modify the approved closure plan for

the Dissolved Air Flotation Unit and the Roll-Off Box Container Storage Area.

On September 10, 2003, Illinois EPA denied Premcor’s request (herewith

attached as Exhibit A).

On October 14, 2003, the Petitioner made a written request to Illinois EPA

for an extension oftime by which to file a petition for review, asking Illinois EPA to join

in requesting that the Illinois Pollution Control Board (“Board”) extend the thirty-five

(35) day period for filing a petition to ninety (90) days to allow the parties additional time

to identify issues and limit the scope of any hearing that may be necessary to resolve this

matter.

On November 6, 2003, the Board extended the appeal period until

January 13, 2004, as the parties requested.

The parties have been unable to reach resolution in this matter, yet.

Petitioner hereby appeals Illinois EPA’s decision to disapprove its request

to modify the approved closure plan as erroneous.

WHEREFORE, forthe above and foregoing reasons, Petitioner, THE PREMCOR

REFINING GROUP INC., respectfully requests that the Illinois Pollution Control Board

grant the following relief:

Find that Illinois EPA’s September 10, 2003, final decision regarding the

modification ofthe approved closure plan is in error, and reverse the same; and

Award such further relief as deemed just and equitable on these premises.

Respectfully submitted,

THE PREMCOR REFINING

GROUP INC.,

Petitioner,

One ofIts Mtorneys

Dated: January 13, 2004

Edward W. Dwyer

HODGE DWYER ZEMAN

3150 Roland Avenue

Post Office Box 5776

Springfield, Illinois 62705-5776

(217) 523-4900

PREM:005/RCRA Permit Appeal/Appeal ofAgencyDetermination

217/524-3300

tLLINOIS ENV~O~4MENTALPROtECTION AGENCY

1021 NORTI.iGRAr’1O AvGr’~uEEt~$T, P.O. Box 19276, St’~INCrI~LO,lLLINOS62794-9276

jAMES

R. ThdMPsoN CENTER, 100 WEST RANDOLPH, SUITE 11-300, Ci-iic.~co,IL 60601

ROD

BLAGOIEVICH,.GOVER.NOR

RENEE CtPRIANO,

DIR~cTo~

SEP 152003

September

10,

2003

CERTIFIED MAIL

7~O23150

0000

1219 8896

l’remcor 

Refining

Group, 

II1C~

.. ..

:~

An.ention: 

Thomas

Mroz, 

:.Site~R~rn~diation~Manager

1700 East Putnam

Avenue, Suite 

5Q0.

•. .

Old Green~ch,Connec~cut06870

.. .~ . . . .

...

Re; 1190500002

M~4iso~County. 

. .

Preri’icor.

,~.

. .

Log

No. C-830~M~2;C-83.1.-M~2

Received: June 2, 2003

.:..

. .

...

RCRA Closure..

. ..

. .:~•.

DearMr.Mroz:

.. .~

.~ .. .

This is in responseto a May 30,

20q3 

s~ibmittalmade on. behalfofthe Premc.or Refining Group,

Inc by Monte Nierikerk, Clayton Group Services regardmg RCRA closure activities at the

above-refererced facilLy As you i~ow,liLno’s EPA. approved RCRA clost.~replafls for t~o

former hazardous waste management units referred to as the “Dissolved Air Flotation Unit”

and

the “Roll-Off Box Container Storage Area” on June 28, 2001 (Illinois EPA Log Nos C-830 and

C-83 1 respectively) On 

January 10, 2003, Illinois EPA issued a Violation Notice indicating that

these 

units had not been

properly clôs~darid 

also pointed out that another release

had

occurred in

the

vicinity

ofthe Roll-Off Box 

Cot~ta.inerStorage Area, ,~hatneeded

to be addressed 

during

RCRA closure efforts at this 

unit

Mr Nienkerk’s submittal included a two page cover letter, a completed LPC-PAI

8

form and

a

document entitled “RCRA Closure Evaluation. ana Sampling Report” Sect’on ii or this

document indicates that 

its purpose is to evaluate whether the subject areas can

be “clean-closed”

based on 

the

results of 

investigations previously conducted in the areas

(including o~ierecently

conducted by Clayton

Enyiro~nerita~Services). The 

ooi~cIusicnsection ofthe document

indicates that the conditiors in neither area meet clean-closure requirements at this t me The

recommendation section of this document indicates that 

further evaluation of these areas is

necessary

illinois EPA reviewed Mr 

Ni~kerk’ssubmittal

as a request to modify the approvea closure 

plan

for

the

Dissolved Air 

Flothtioit

Unit and the Roll-Off Box Contain& 

Storage

Area at 

the

above-

referenced facility The subject request cannot be approved at this time for 

the

following

reasons

Roc~mso

— 4302 (‘Jorth Main Stroeç gc~k~ard,~I1

6ti 03—(81 SYSE

ELcl?~

—595

Souih Snite, Eig~i,U.

601 23—. (84?) 6O8~3

S~ O~

LANO .

P~Oie.~—7620 N. Univer~1ry5L.Pe~ria,IL 61 61.4’.—. (30

e,.....

q/,~~?-

D~i3

r 7;~mn~

Harr(~ór~

Sr., Peoria,

St., De~

61614—~

(309)IL

60016—

69.3.5463

(847) 294.4000

South First

Street.

Charnp~(gr,,IL

51020—

(217) 278.5800

Mall Sveet, C~ r.cv((Ie, IL 62234 —(61~4346-5120

Mr. Thomas Mroz      

. .

C-~30-M-2,C-~3l-M-2

Page2

\-:

Contrary to the statement made in Section 1 2 2, Figure 2 does not show the boundaries

of the Roll-OfiBox

tai~ie~r~Storage Area or the Laydown Area.

No inforraation:was piovided regarding the locations where releases from roll-offboxes

were observed during a No~ernber26, 2002 IllinoIs EPA inspection and which were

addressed in the January 10, 2003 Violation Notice). In addition, while the report

indicates some material was removed from these areas, no analytical informafion was

provided indicating that afl contaminated material in the vicinity ofthese releases had

‘been removed.

A review ofIllinois EPA’s files found that the leaking roll-offboxes observed November

26, 2002 were locatedjust north of arid between T-l 18 and the Flare Stack No sampling

has been done in this area The entire area shown on the attached site layout map must

be addressed thi~oughRCRAólost~r~effo~ts.

Section 2 1 of the submittal contains information regarding closure efforts at the DAF

Unit.

:..

. •..

This section references Appendix D which is not legible,

No information wa.s pxbvided to support statements that there is actually a

concrete basb between the DAF.tJnit and the. adjacent Sanitary Ciow Unit. If

therei.s indeed.sucha concrete base, then the approved clos~i.replan for this unit

-es ~

~ ‘rare be stenrr’ clea~’edtr~n1er”sed ard. ‘n.spec~edfor 1rtegr~ry,

soil samples must then be collected beneath any

joints/cracks/defects in 

the base

A slaterrient is made in Section 3 2 that some of the polynuclear aromatic hydrocarbons

detected above TACO Tier I levels inthe Roll-Off Container Storage Area are not

associated with thehazardous ~a~astesmanaged in the area (F037, K048, K171). This is

not a correct statement, a~all PNAs ar~f~undin refineryLrelated wastes. It must be

noted that Illinois EPA’s closure ~la~iap~rovalletter for this tint required that all

samples be analyzed for all the PNAs.using Method ~3.lOof S.W-846.

Section ~ 0 (Recommendation) states “It is recommended that the DAF and Roll-off

Container storage Areas be further evaluated The contaminants detected in these two

areas are not at concentrations .~hatpose. an ii~nediate~h.~eatto human health or the

environment. The roll-off container storage area is no longer used, lessening the

potential for workers to corpe into contact with the cont~mninat~d.soil.The DAF area is

either covered with concrete or gravel, also lowering the potential for contact with the

contaminatedsoil. Information on a further eva~uatioi~of.these areas,or a method to

Mr. Thomas Mroz

•.

C-830-M-2, C-831-M-2

Page 3

address the contamination after further study ofthe data and engineering constraints in

these areas should b~prepared.~r

S S

No information was provided regarding the procedures which will be followed in further

evaluating these areas as proposed, or in preparing a method to address the contamination

at these areas (after further study ofthe data and engineering constraints in the areas). In

additiOn, nO schedule is proposed for completing closure ofthese including the proposed

efforts

‘

Illinois EPA’s closure plan approval letters for both areas required that all soil samples

collected at these two units be analyzed for: (1) benzene, toluene, ethylbenzene and

xylene; (2) polynuelear aromatic hydrocarbons using Method 8310 of SW-846; and (3)

chromium, cyanide, nickel, lead and pH.

None ofthe samples collected by Clayton were analyzed for pH nor for the

complete list.ofpolynuciear aromatic hydrocarbons in Method 8310.

The samples collected by Burns and MCDonnell forthe DAF unit were not

analyzed for tOtal chromium, total lead, or total nickel; instead they were analyzed

for TCLP chromium, TCLP lead and.TCLP nickel (see Tabular summary in

Appendix C).

Gwen the defie~enoiesnoted above, no deterrnrnation can be made that the horizontal and

citcal ~ e~ofso 1 ~

nat o-’ at the Ro’1 Off Cor’ainer S~o’-age4~ea

h55

beer

established.’

‘

‘ S

~reuised document addressrng the deficiencies noted above and how the requirements of3S Iii

Adrn. Code 725, Subpart G will be thet itt completing Olosure of the subject units must be

submitted to Illinois EPA for approval Guidance regarding the development of closure plans

and modification requests iS.a~taclred.

...

.1 .5

‘

‘. .

This letter shall consti~uteIllinois EPA’s final decision on the subject submittal. Within 35 days

ofthe date.of mailing 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, l’owever,

the 35-day penod for petitionmg 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 within the 35-day initial appeal period.

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

governing professional ~ervices, such as the Illinois Professional Land Surveyor Act of 1989, the

Professional Engineering Practice Act of 19S9, the Professional Geologist Lrcens’~igAct, and the

©©

Mr~ThomasMroz

C-830-?~-2,C-831-M-2 

. S

‘.

Page4

Structural Engineering Licensing.Act of1989. This letter does not relieve anyone from

compliance with thés~law~s

aMthe i~ég~lationsadoptedpursi.iant to these laws. All work that

falls within the scope aiid de~firiitionsofthese laws

must be 

performed ix~compliance with them.

The Illinois EPA may refer any .disco.~eredviolation ofthese laws to the appropriate regulating

authority.

:..

Ifyou Ea’ve any questions regarding this matter, please contact lames K. Moore, P .E. at 217/5 2~1—

3295.                      

Sine

S..

Joyce L. Muni~4P.E.

••:,~~

~. S.

5. 5,

Manager, Perlrnt Section

Bureauof Land

‘

JLM:JKM:bjh\0.3 1261 sdoc

. .~.

•‘•

5 ‘.

. S

Attachments:

Site Layout 

Map

. . .

IEPA RCRA Closure Plan Guidance