OF THE STATE OF ILLINOIS

PREMCOR REFINING GROUP, INC.,

Petitioner,

V.

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph Street

Suite 11-500

Chicago, IL 60601

Respondent.

)

)

)

)

)

)

NOTICE

PCB No. 04-

(RCRA

—

Ninety Day

Edward W. Dwyer

Hodge Dwyer Zeman

3150 Roland Avenue

P.O. Box

5776

Springfield, IL

62705-5776

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,

~pondet

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: October

15,

2003

/1

---

OF THE STATE OF ILLINOIS

PREMCOR REFINING GROUP, INC.,

)

Petitioner,

)

v.

)

PCBNo.04-

ILLINOIS ENVIRONMENTAL

)

(RCRA

—

Ninety ay

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)(l) of the Illinois Environmental Protection Act (415

ILCS 5/40(a)(1)) and 35 Ill. 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 January 13, 2004, or any other date not more than a total of one hundred twenty-five

(125) days from the date ofthe Illinois EPA’s final decision. In support thereof, the Illinois EPA

respectfully states as follows:

1.

On September 10, 2003, the Illinois EPA issued a final decision to the Petitioner.

(Exhibit A)

2.

On October 14, 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.

(Exhibit B)

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 maybe necessary to resolve this matter.

1

---

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: October 15, 2003

This filing submitted on recycled paper.

2

---

OCT—14—20~3 11:36

OCT—14—2003 11:36

2177829807

HODGE DWYER ZEM~N

2177829807 P. 05—88

217 523 4948 P.05/08

SEP 152003

Premcor Refining Groiz~,t~c.

...

•0~ •

•.

Attention Thomas MrozR~nedia~on.Manager..-.

1700 East

Pumazn

Avenue,

Suite

500.

Old Greenwich, Connecticut

06870

Re:

1190500002

—

Madison Couuy

Prerricor.

•0

Log No. C~83O-M-2;C-83.i.-M~2

Received: June

2, 2003

RCRA Closure

.

Dear Mr. Mroz:

is in

rponse ~Ma

m~i~.eon behaLfofthe~?r~tcorRefb~iug

C3roup~

Inc. by Monte

NIenkerk, Clayton Group Services regardingR.CRA closure activities at the

above-referenced

facility. As you know, IllinoisEPA

approved RCRA closure

plans

for

two

former

hazardous

waste

management units referred to

as the

“Dissolved Air

Flotation Unit”

and

the “Roll-Off

Box

Container StorageArea” on.J’une 28,2001 (Illinois EPALog Nos. C..830 and

C431

respectively).

On January 10, 2003,

Thinoia

B~?A

issued aViolation

Notice

indicating that

these units bad

not

been properly ei~sedand

also pointed

out that another release

had

occurred

in

the vicinity ofthe B.o11-Off~oxContainer

Storage

Area that

needed to be

addressed during

RCRA closure efforts

atthis

unit.

0

Mr.

~41enke.rk’ssubmittal included

a~twopage coverletters a completed LPC-Mi8 form

and a

docuntezrt

entrtled “RCR.A Closure Evaluation and Sampling

R.epor!” Section 11 ofthis

document indicazes that its purpose is

to eva~uate

wheth.er.the subject areas can be “clean-closed”

based on the results

o

investigations previously conducted

in

the.areas (including

one

recently

conducted by Clayton Environment~lServic:s).,Thc conclusion section

ofthe

document

indicates that the conditions in neither. area meet clean.closure requirements at this time. The

reconunendatiop section o~thi~docunient indicates that fUrther evaluation

of

these

areas is

necessary.

;000

.

flhinois ~PA~evjewed~ ~

~

i~t~1asa. request

~

approved closure plan

for theDissolved Air Flotation Unit and the Rell-Off ~ox Container StorageArea at the above-

referencedf~diiry.The.subjcct request canflot be approved at this time for,the fol1owin~

Ons:

0•

0

0

- 43Q

North

M~jn5uce~R~&kr~

-

59~S~th

$~e.

Elgiri,.

IL

~

O~

L.A~

- Plctm... -

~62ON.

~

P_

—

~aaS.

~

S~~iRd.,

Sp~h,i

0

ILUNOIS

ENV~RONMENTALPROTECTION’ AGENCY

1021 N ThC~.’~p

AVENUE EAST.

P.O.

Box

15276,

St~iwcFIs.o,.

lu.u’~OIS

62794-9276

JAMES R. THOMPSON

C~r~g,

100 W~rRANDOLPH,

Surr~11-30O~

-~:c.cco,

IL 60601

Roo 5L~colEVtcH,

Covrge.~og

RENEE

C~P1~IA.NO,DiR~cr~~

2.17/524-3300

September ~0, 2003

.

CERTIFIED MAIL

‘7002

3~10

0000 ‘1219 8896

~eijr

7~m~

dc:

~.z’

1bç

I~!S.

U.

60016— ~47)

294-4000

—(309)

633~$463

_—~m1gn,.lL61e20—c2~7)21a.Saoo

Ie.~U. 6.Z234—(~1~146-5120

SEP—1$—2003

17:~1

•+7aa~854a2~

P.1.2

---

oCT—14—2003 11:36

2177829807

2177829807 P 06~-te

OCT—14—2003 11:37

HODGE DWYER ZEMAN

21? 523 4948 P.05/03

Mr. Thomas Mroz

‘

•

C-830-M-2. C-83l-M-2

Page 2

•

1.

Contrary to the state~ntmade in Section 1.2.2, Figure 2 does not show the boundaries

ofthe Roll’.OftBo* conrafné Storage Area or the Laydown Area.

2.

No in±brxnation:was

provided regarding the locations where

releases from roll-offboxes

were observed during a November 26, 2002flhinois EPA inspection andwhich were

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

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

provided

indicating that all contaminated material in the vicinity

ofthese

releases had

been removed.

A. review ofIllinois

EPA)s files found

that the leaking roil-offboxes observed November

26, 2002 were

located justnorth ofand between

T-113

and the Flare Stack. No samplIng

has

been

done in’ this’ area. I The entire area

shown

on the

attached. site

layout rasp must

be

addressed through

aekA

closure efforts.

3.

Section

2.1 ofthe

submittal cbntainsinformaxion’regarding closure efforts at theDAF

Unit

‘ ‘

a.

This sectionreferences Appenthx D which

is not legible,

b.

No information was provided to support statements that there is actually a

concrete base between the DAFtinit

—

the adjacent Sanitary Clow Unit. If

there is

indeed

such ‘a

concrete baa; I4ien the approved closure plan

for this wilt

requires that the base be steam cleSed, triple rinsed and. inspected

for integrity;

soil samples must then

be

collected beneath any,jàinrs/cncks/defects in the base.

4.

A statement is made in Section 3.2 t~iatsome’o! thepoly tuclear aromatic hydrocarbons

detected above TACO Tier 1 levels in the R.oll-Off Container StorageArea are not

associated with the hazardous wastes managed in the area (P037,3(048, Xl 71). This is

not a correct statement, as ail PN4s are found in refinery-related wastes. Itmust be

noted that IllinoisEPA’s closure plafl‘approvalletter for this unit required that all

samples be analyzed for all the

‘NM

using Method 8,3.10 of SW-846.

S

Section. 60 (Recoinniendanon) states, “It ~ recommended that the DAF and Roll-oft

Container,storage, Areas be fi*iher evaluated., the co~‘pfnants detected in these two

areas are not at concentrattons that

pose an

irntnediate Threatto human health orthe

• environment lhe rail-offcontainer storage area is no longer used, lessening the

potential for workers to come into contact with the cont, ,atad soil. The DAP area is

either covered with concrete

or

gnvel, also: lowering the potçntIal for contact with the

contaminated soiL Infonnation on a further evaluation otthese areas

or a

method to

sEP-15—2003

1? 31

+?3939$48g0

994

P 13

---

oCT-14-2003 11:36

2177829807

2177829807 P.07,-Os

OCT-14—2003 11:37

HODGE DIjJYER ZEMPN

217 ~23 4948 P.07/08

• Mr. Thozri.as 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 be prepared.”

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

atthese areas (after ft~rtherstudy of

the data and engineering constraints

in

the areas). In

addition, no schedule is proposed for completing closure of

these including the proposed

efforts

6.

Illinois

E?A’s

closure plan

approval letters for both areas required that all soil samples

collected

at

these two units

be

analyzed

for: (I)

benzene, tohiene,

cthylbenzene

and

xylene; (2)

polynuclear aromatic hydrocarbons

using Method ~3lOof SW-846; and (3)

thomium, cyanide, nickel1 lead and

pH.

a.

None of

the samples collected

by

Clayton were analyzed

forpH nor forthe

complete

list

ofpolynaclear

romatic hydrocarbons

in Method 8310.

b.

The samples collected by Burns arid McDonnell forthe DAF

unit were

not

analyzed for total chromIum,

total

lead,

or total nickel;

instead

theywere analyzed

for TCI2 chrontiurn, TCLP lead and TCLP Zilekel (see Tabular summary in

Appendix C).

7.

Given the defleicrioles noted above, no determination can

be made

that the horizontal arid

vertical

extent

ofsoll contaminntion

at the Roll Off

Container Storage

Area has been

established,’

.

,

A

revised

document addres g

the de

lencies

noted,above and

how the re~uiremeuta

o135 IU.

Mm.

Code 725, Subpart G will be met

in completing closure ofthe subject

units must

be

submitted

to Illinois

~PA

‘for approval. Guidance regarding

the delvelopment of closure

plans

and modification requests is.attached..

This letter

shall

constitute Lilinois EPA~sfinal decision

on the subject

submittal.

Within

35

days

of

the date

of

mailing

of

the Illinois EPA’s 1~naldecision, the

applicant

may petition for a hearing

before

the

IllInois Pollution

Control

board

to

coxztest.the

decision ofthe

Illinois BPA,

however,

the

35-day

period

for petitioning

far

~heaiingmay

be extended for a

period

of

time

not to

c~cceedninety days by written notice provided to the Board from

the

applicant

and the

Illinois

EPA

within the

35-day

initial appeal period.

Work

required

bythis

lcttez~.your submitta orthiregulations

mayalso be

subject

to other laws

governing

professional services, suchas

the Illinois

Professional Land

Surveyor Act of 19S9~

the

Professional

Engineering Practice Act

of 1989,

the

Ptofessional Geologist Licensing

Act, andthe

8—15-2223

1?:32

.

.~?~B3954E20

P. 14

---

OCT—14--2003 11:35

217782980?

2177829807 P.08/28

?T_14_2003 1137

H006E DIJJYER ZEMAN

21? 523 4948 P.0e’oe

Mr.

Thomas Mroz

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

Page

4

Structural Engineering LicensingAct

of1989.

This letter

does not relieve anyone from

compliance with these’ lawE ~d the regulations adopted pursuant to these

laws.

All

work

that

falls within

the scope

and definitions

ofthese

laws must

be performed in compliance

with thcrn.

The Illinois EPA

may

refcr any

discovered

yjojationofthese laws to the appropriate regulating

authority.

Ifyou

have any questions regarding this matter, please contact JamesIC.

Moore, P.R. at217/524-

3295.

‘

H

Joyce L.Muni,4’P.E.

‘

Manager,

PeSt Section

‘ ‘~

‘:~: ,“. ‘:‘

.

Bureau

ofLand

JLM:JKM:bjh\03

1261 s4oe

,.

‘

Attachments;

Site Layout

Map

IPPA RCRA

Closure

Plan Guidance

TOTAL P. 08

TOTAL PUB

---

oCT-14-2003 11:36

2177829807

2177829807 P.U3~U8

OCT-14—2003 11:36

HODGE DWYER ZEMRN

217 523 4948 P03/08

ÜOD6?’

ATTORNEYS

DWYR

AT

~Zfi~AN

LAW

EDWARD

W.

DWzT~1~

E-mail:

edwytx~hdzIaw.com

October 14, 2003

VIA FACSIMILE

(Original

via

US. Mail)

John

J.

Kim,

Esq.

Associate Counsel

Division ofLegal Counsel

Illinois Environmental Protection Agency

1021 North

Grand

Avenue East

Post Office

Box 19276

Springfield, Illinois 62794-9276

RE:

LPC

Premcor,Reflning Group Inc.

Premcor Refinery Hartford, illinois

RCRA Closure Plans

Log No. C-830-M-2;C-83 1-M-2

Our

File No. —PREM 002

Dear John:

On

behalf’

of

our

client, Premcor

Refining Group Inc. (“Premcor”), pursuant

tomy

discussions with you and consistent with Sections

40(a)

and (b) of theIllinois Environmental

Protection Act

(“Act”) (415 ILCS 5/40(a), (b)), we

are requesting that the IllinoisEnvironmental

Protection

Agency

(“Agency”) join Premcor in its request to extend the

35-day

period for

petitioning for an appeal of the Agency’s September 10, 2003, letter.

(See copy attached

hereto.)

The Agency’s

September

10, 2003, decision

letter treated

Premcor’s May 30, 2003,

submittal,

by

its consultant

Clayton Group

Services, as a request to modify the approved closure plan for

Premcor’s Dissolved Air

Flotation Unit

and

Roll-Ofi’Box Container Storage Area

and denied

that request. Premcor is currently engaged in discussion

and negotiation ofa Consent Order with

the Agency andthe flhlnois Attorney General’s

office (“IAGO”) related to investigation and

3150 ROLAND

AV~NLJ~

~S

62705-5776

1~ELI

---

OCT—142803

11:36

217782980’?

2177829807

P 04e28

OCT—14—2803 11:36

HODGE DWYER ZEMAN

21? 523 4948 P.@4’o~

John J,Kim,Esq.

October 14, 2003

Page 2

remedial activities at its’Hartford, illinois, Refinery, including the Dissolved Air Flotation

Unit

and

Roll-Off Box Container Storage Area. Premcor hereby requests an extension for a total of

90 days, or until

January

13, 2004, in order to allow continuing discussions with the Agency

(and

IAGO) regarding the technical and/or legal issues related tothe closure ofthe above units

and

its

Hartford Refinery, which will include issues raised in the Agency’s September 10, 2003, denial

letter.

Please contact me with

any

questions you may have regarding the request in this

letter,

and

to inform me as to whether the Agency agrees to extend the time period for appeal. The

deadline for filing an extension request

with

the Illinois Pollution Control Board is October

15,

2003.

Sincerely,

Edward

W.

Dwyer

EWD:kjg

enclosure

pc:

Jeffrey Dill, Esq. (via facsimile; w/o enclosure)

FRE!vt002/Corr/Kim

Lu

-

Extension

---

CERTIFICATE OF SERVICE

I, the

undersigned attorney at law, hereby certify that on October 15, 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

Certified Mail postage affixed thereto, upon the following named persons:

Dorothy M. Gunn, Clerk

Edward W. Dwyer

Illinois Pollution Control Board

Hodge Dwyer Zeman

James R. Thompson Center

3150 Roland Avenue

100 West Randolph Street

P.O. Box

5776

Suite 11-500

Springfield, IL

62705-5

776

Chicago, IL 60601

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respo

t

John .Kim

Assistant Counsel

Special Assistant Attorney General

1021 North Grand Avenue, East

P.O. Box 19276

Springfield, Illinois 62794-9276

217/782-5544

217/782-9143 (TDD)