R E

E ~YE

CLERK’S OFFICE

MAY 172004

BEFORE THE ILLINOIS POLLUTION CONTROL

BOARDSTATE OF ILLINOIS

Pollution Control Board

IN

TI-fE

MATTER

OF:

PROPOSED AMENDMENTS TO REGULATION OF

)

?ETROLETJM LEAKING UN)ERGROUND STORAGE)

TANKS

(35

Iii. Adm. Code

732)

)

)

)

R04-22

(Rulemaking— Land)

IN

THE MATTER OF:

PROPOSED AMENDMENTS TO REGULATION OF

PETROLEUM LEAKiNG UNDERGROUND STORAGE

TANKS

(35

IlL Adm. Code 734)

)

)

R04-23

)

(Rulemaking- Land)

)

)

NOTICE OF

FILING

Dorothy Gumi, Clerk

Illinois Pollution Control Board

James

R. Thompson Center

100 W. Randolph, Suite 11-500

Chicago, illinois 60601-3218

(Facsimile and Overiught Mail)

SEE ATTACHED SERVICE LIST

(Regular Mail)

Marie Tipsord, Hearing Officer

Illinois Pollution Control Board

James R. Thompson Center

100 W. Randolph~Suite 11-500

Chicago, fllmois 60601-3218

(Facsimile and Overnight Mall)

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

Pollution Control ~oard the tLLINOIS

ENVIRONMENTAL

PROTECTION AGENCY’S

AMENDED MOTION FOR TEE ADOPTION OF EME1~GENCYRULES for the above-titled

proceeding, a copy ofwhich is herewith served upon you.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY

By:

~

~—---~.

Kyle Rom~er,Assistant Coun~—

::::~ ~-C—L

i.—;

• DATE: May 17, 2004

1021 North Grand Avenue East

P.O.Box 19276

Springfield, IL 62794-9276

(217)

782-5544

THIS PILING IS SUBMITTED ON RECYCLED

PAPER

---

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

INTHE MATTER OF:

.

)

)

PROPOSED AMENDMENTS

TO:

)

REGULATION OF PETROLEUM

)

LEAKING UNDERGROUND STORAGE )

TANKS

(35

ILL. ADM. CODE .732)

)

IN

THE

MATTER OF:

PROPOSED

AMENDMENTS

TO:

R04-23

REGULATION

OF

PETROLEUM

(Rulemaking

-

Land)

LEAKING U1~DERGROUNDSTORAGE

TANKS

(35

ILL.

ADM.

CODE 734)

ILLINOIS

ENVIRONMENTAL

PROTECTION AGENCY’S

AMENDED

MOTION FOR THE ADOPTION OF EMERGENCY RULES

NOW COMES’ the Illinois

Environmental

Protection Agency (“Illinois EPA”), by

and through

its attorney Kyle

Rominger, and submits this

Amended Motion for the

Adoption of

Emergency

Rules. On April 19, 2004, the illinois EPA filed its

original

Motion for the Adoption of

Emergency

Rules (“original Motion”). In that Motion

the

Illinois EPA requested that the Illinois Pollution Control Board

(“Board”)

adopt in an

emergency

rulemaking

the Illinois EPA’s proposed amendments to 35

111. Adin.

Code

732

and

the

proposed

35 111. Mm. Code 734. The

Illinois

EPA now requests in

this

Amendd

Motion that the

Board

adopt in the emergency

rulemaking the proposed

amendments

contained in this Amended

its original Motion.

The proposed rules

contained in this Amended

Motion have

been

developed

jointly by the Illinois EPA and the Professionals ofIllinois forthe Protection ofthe

C;

DO—LI.

CLERK’S OFFICE

MAY 17

2OO~

STATE

OF lLLINOIS

Pollution Control

8o~rd

R04-22

(Rulemaking

—

Land)

)

)

)

)

)

)

---

Environment (‘PTPE”) in order to facilitate the processing of

plans,

budgets,

and

applications for payment prior to the

Board’s adoption

of final

rules in this rulemaking

proceeding. It is the Illinois EPA’s understanding that, in conjunction with this

submission ofthis Amended Motion, PIPE, and its members CW3M and United Science

Industries, will withdraw their objections to the Illinois EPA’s original Motion and that

PIPE will submit a motion in support of the proposed amendments contained herein.

Please note that the amendments

contained in

this Amended Motion are an agreed to

compromise for the purposes ofemergency rules only, and that they do not reflect a

change in the parties’ positions on the proposed final rules in this rulemaking proceeding.

As stated in the Illinois

EPA’s

original Motion, emergency rules are needed to

provide a standard methodology for determining

the reasonableness ofcosts submitted to

the Agency for approval.

Since the

Ayers

case, the Illinois EPA has

struggled

to develop

a

new

method for

determining the reasonableness ofthe myriad costs

it

reviews.

‘However,

finding

one that

provides the necessary consistency neededto fairly administer

the

UST

Fund, and

that allows an

efficient and timely processing

of the high volume of

budgets and applications

for

payment received

by

the Biiriois EPA, has

proved

difficult.

Any

such method would necessarily be

generally applicable, and therefore could not be

implemented until adopted as a rule.

The

fliinois EPA has recentlyresumed its

processing ofbudgets

and applications

forpaym~iton a case-by-.case basis. However, without rules to govern how to determine

the reasonableness of costs, the Illinois

EPA’s ability to control costs

and maintain

consistent and fair reviews is limited. Based

on

recent submissions, the lilmois EPA

estimates that without the use ofthe rates sheets, up to an additional one million dollars a

2

---

month or ‘~oremay be paid out of the UST Fund, Independent of these additional costs,

as early a~September of this year the UST Fund is projected to reanh a point where

payments ‘ill be made only as money becomes available. The balance in the UST Fund

is continu~~ydecreasing over time because payments from the Fund exceed income. If

emergenc\ ~u1esare not adopted to replace the rate sheets, the balance in the’UST Fund is

expected to decrease at an even faster rate and the time when the Illinois EPA can make

payments only as money becomes available will be expected to arrive sooner than

September.

Emergency rules will provide some cost containment measures by establishing a

benchmark for rates via a limited rate sheet and a nationally recognized construction

Cost

manual, in addition to the Licensed Professional Engineer

or

Licensed Professional

Geologist certification. Owners and operators will continue to receive reimbursement

from the UST Fund, and the Illinois EPA will have a standard methodology for reviewing

costs that provides consistency and fairness

from site

to site.

As stated in the Illinois EPA’s original Motion, the Illinois EPA believes the

adoption of the proposed rules in an emergency rulemaking

is

proper given the current

circumstances. The Board has

the authority to adopt emergency rules when there is a

situation thaI “reasonably

constitutes a threat to the public interest, safety, or welfare.”

5

IILCS

1.00/5-45;

415 ILCS 5/27(c);

35

IlL Adm. Code 102.612. The Illinois EPA’s

limited ability

to control

costs and maintain

consistent

and fair

reviews ofbudgets

and

applications forpayment satisñes these criteria.

Approvals of

budgets and

applications

for

payment drive

the remediation of

many

Leaking

Underground Storage Tanks

(“LUST”) sites. Many owners and operators cannot afford the costs to remediate a LUST

3

---

site on their own, arid many

that

can afford such costs are hesitant to proceed unless they

know the costs will be reimbursed from the UST Fund. lithe UST Fund is depleted

because the Illinois EPA cannot adequately control costs and maintain consistent arid fair

reviews, cleanups at many LUST sites will dramatically slow or not proceed and the

contamination at these sites will continue to

threaten human

health

and the environment.

The Illinois EPA respectfully requests that the

Board adopt

the proposed

rules

in

this

Amended Motion as soon as possible. The

Illinois

EPA further respectfully requests

that the Board proceed with its adoption offinal rules as quickly as possible so the

Illinois EPA

can

reviewbudgets

and

applications

for

payment pursuant to the final

rules

once the emergency

rules expire.

PROPOSED

AMENDMENTS

TO

35

ILL. ADM.

CODE

m

FOR THE P.EQUESTEDJEMERGENCY

RUFMAKThI~~

Section 732.505 Standards for Review of Plans or Reports

a)

A

full technical review

shall consist ofa

detailed review

ofthe steps

proposed ot~completed to accomplish the goals ofthe plan

and

to achieve

compliance with the Act

and

regulations. Items to be resiewed, if

applicable, shall include, but not be

limited

to,

number and placement

of

wells

and borings, number and types ofsamples and analysis,

results of

sample analysis, and protocols to be followed in making determinations.

The overall goal

ofthe

technical review for plans shall

be to determine if

the

plan

is sufficient to

satisfy

the

requirements

of

the

Act

and regulations

and has

been

prepared in accordance

with

generally accepted engineering

practices.

The

overall goal

ofthe

technical review

for

reports shall

be to

determine

ifthe

plan has been fully implemented in

accordance

with

generally accepted engineering

practices, ifthe conclusions are

consistent

with

the

information obtained while implementing

the

plan, and

if the

requirements

ofthe Act

and regulations

have been

satisfied.

b)

Ifthe Licensed Professional Engineer

or Licensed Professional_Geologist

certifies that there

is no evidence

that, through natural

or

manmade

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,

the

Licensed Professional

Engineer’s o~LiQen~se~~ssiOn~l

QlQgist~

4

---

certification to that effect shall be presumed

correct unless the Agency’s

review reveals objective evidence to the contrary.

c)

A thu financial review shall consist of a detailed review of

the costs

associated with each element necessary to accomplish the goals ofthe plan

as required pursuant to the Act

and regulations. Items to be reviewed shall

include, but not be limited to, costs associated with

any

materials,

activities or services that

are

included in the budget

plan.

The overall goal

ofthe

financial review

shall be to assure that costs associated with

materials, activities

and

services shall be reasonable, shall be consistent

with

the associated technical plan, shall be incurred in the performance of

corrective action activities,

and

shall not be used for corrective action

activities in excess ofthose necessary to meet the

minimum requirements

ofthe Act

and regulations.

d)

During

the

effectiveperiod of

this emergencyrnle,

the following

shall

apply:

1)

For

all bu4gets, plans, amendments, and

applications for

payment

that were submitte~prior

to the effective date of

this emergency

rule and that are still subject tq~gency review,jhe Agency shall

approve

all budgets, plans, amendments, and

costs

certified as

reasonable

by

a Licensed Professional

Engineer or Licensed

Professional Geologist as recpiired 1)v

law.

All

costs that

are

contained within a budget

or

aplan that is approve&pursuant

to

this

Section shall

be approved by the

A_gcncy without further review.

2)

For all

budg~ets,plans, amendments, and

applications for

payment

that

are

not

subject

to subsection

(d)(

1) of

this Section and

that

are

submitted

for

approval during

the

effective period

of

this

emergencyruiç,

the

following shall bepresumed

to be reasonable:

A)

The

costs identified in Sections 732.APPENDIX D and

732.APPENDIX E

of

this Part

For costs not

identified in Sections 732.APPENDIX D and

732.APPENDIX E

of

this Part, the applicable amounts

calculated in accordance with

the

following RS Means

publications: Environmental Cost Handling Options and

Solutions (ECHOS) “Environmental Remediatjon Cost

Data

-

Unit Price,”

10th Annual

Edition. 2004, and ECHOS

“Environmental R.emediation Cost Data

—

Assemblies,”

10th

Annual Edition. 2004.

C)

For

costs

that

are

not

identified in$ections

732.APPENDIXD and 732.A

~D_~Eo.f this Part and

S

B)

---

that cannot

be calculated

using~~p~ublicationslisted in

cu~Irent

subsection

market

(th12)(B)

prices

of

whichthis

Sectioi~c~ts

the owner or~eratorbase~ii~oshall1~

identify with objective evidence, such as,~butnot limited to,

catalogue or vendor information, in acc~dancewith the

Licensed Professional Engineer or Licensed Professional

Geolo~istcertification. Such evidence

shall be clearly

identified in the sui~pittalto the Agency.

3)

All requests for

approval

of costs shall be

certified

by

the owner

or

operator

and

the Licensed Professional

Engineer

or Licensed Professi~nal

Geologist. The certification

shall

be in a

format

prescribed and

provided

by

the A~cncy,andshalLinclude

the

followinj:

Identification of the site and the

woric on

which the

costs

are based

Bi

—

Affirmation tha~tothe best knowledge and

beief~fthe

owner

or operator

and

the

Licensed

Professional En~eer

or

Licensed

Professional

Geologist, the

work onwhj~hth~

costs

are based are consistent with

the

requirements ofiitle

XVIof

the Act~ndthat the

time and materials are

sistent with gene !1yaccepted e~n~ring~r4geoiogy

Practce~

C)

A.fiinnation that, to the best knowledge and belief ofthe

owner

or

operator and he Licensed Professional Engineer

or Licensed Professional

Geologis~thecosts do

riolinclude

costs

that are

not eligible

fbr p?yment from

the

Furid~,

Affirmation that,

to the

best knowledge and

belief ofth~

owner

or

qperator and

the Licensed Professional

Engineer

or

Licensed

Professional Geologist, the costs

are

reasonable

as

determined

in accordance with subsection (d)(2) of

this

Section.

and,

if

any

costs

contained

in

the submittal

exceed

the costs set forth in

subsection (d)(2),a specific

delineation ofeach such

cost and a specificj~istificationf~r

the

dçviation.

E)

Affirmation

that all information subnuitte~under

the

certification

is, to the best knowledge

andi,eliefsfth~

owner

or operator

and

the LicensedProfessional Engineer

or Licensed

Professional Geologist, ue,~ccurate~and

c~mplete.

6

:j~:::,; :o~:~

---

FD

~fflrmation

of

knowled~ethat there are

significant

penalties for

submitting

false statements or representations

to the A~e~cy,including, but not limited to~flp~

imprisonment,

or both

as provided in Sections 44 and 57.17

of

the Act.

4)

The Agency is authorized to accept the certification

submitted:

pursuant to

subsection u1d)(3~Lof

this

Section as a:presu~~p~ionofreasonableness for all

work

and

costs contained in such

submittal.

5)

Where the A_gency anticipates

denying, modifying,_oi-

rejecting anyrwK1~

~prtionofa submitted budget, plan,

amendment~

or application for

payment,jhç_~gencyshall contact

the

owner

or operator in

writing and

provide the

owner

or operator an

opportunity

to waive the Agency’s

review deadline for 60

days.

If’, within seven

d~ys

ofthe date ofthe

Agency’sletter~sucha Waiv~risgranted,the

A~encyshallnotj~j

the

çwrier or operator in

writing

ofthe specific reasons for the anticipated

action

and

provide the

owner

or operator an

opporturu~y

to

address and

correct the reasons for

the

anticipated

action

within 21 days ofthe datQof

the

Agency’s

notice. The Agency

shall

issue a final

determination

on the

bu~gct,

plan,

amendment;

or

application forpayrnent

within 21 days ofits

receipt

ofthe

owner’s

or

operator’s

resppnse

tb

the notice,

or

after

the

expiration ofthe

time

for

submittin~a

response if no resppnse is

submitted.

Section 732.APPEND

D Allowable Unit

Rates

a~

Soil

Removal and Disposal

Costs associated

with soil removal, tran.sportation._disposal and backfill

shall not

exceed the

amounts

set

forth

below, unless demonstrated

under

732.505(d(3)(D).

Such

costs shall

include, but not be

limited to~those_associatedwith the

removal,

transportation, and disposal

of

contaminated

soil exceeding the applicable

rer~Jiationobjectives or visibly contaminated

fill

removed_pursuant

to

this Part,

az~4

th~urchase,transportation, and

placement of

material

used to backfill the

~~Ult1ngCXcavat1Qfl.

1)

$60.00 per cubic

yard

for removal, transportation,

arid disposal

of

contaminated_soil identified

above

and

shall include concrete,

asphalt

or

pavin~gyerlayin~g

the

contaminated soil

or fill.

2)

S2 1 MO per cubic yard for

purchase, transportation, and placement of

material_used to backfill the excavation resultin~fromthe removal and

soil or

fill.

7

---

3)

~7~O0

per cubic yard for removal

and subsequent return of

soiLthat

does

not

exceed

the

applicable remediation

objectives

but whose removal is

~eguiredin order to conduct correctiv~ction.

b)

Drum Disposal

Costs associated with the

purchase,

tra~portation,

and

disposal of55-~a11on

drums containin~wastegenerated

as a result of

corrective

action (e~&,boring

cuttings, water bailed for well development or

sampling,

hand-bailed free

product)

shall not exceed the following

amounts

or a total of S500MO, whichever

is greater,

unless

demonstrated

under

732.505(d)(3)(D).

1)

$296.0Q~cr

drum

for solid

waste.

2)

$l7SMOper drum for liquid

waste.

c)

Concrete~Asphalt,

andPaving

For costs associated with concrete,

asphalt_and

paving, the applicable

amounts

calculated in accordance

with

the followin.g~RSMeanspublication shall be

presumed

to

be reasonable: “Building Construction

Edition. 2004.

11

Costs associatedwith concrete,

asphalt. and paving installed as_afl

engipeered

barrier shall

not

exceed the

applicable

amounts

for four inches

of asphalt or paving,~inless

demonstrated under_i732.505(d)(3)(D). This

-

subsection (c)f 1) does not apply to repiacemei~tconcrete, a~halt,or

paving that

is

used as an engineered baiijer.

2)

Costs associated with the

replacement

ofconcrete, asphalt,

an4~paving

shall

not exceed the applicable

amounts

for r~placementwith the

same

rna~eriaLunless demonstrated under

732.505(d)(3)(D)

:OL:

---

Sectioii 732.APPENDIX

E Persounel Titles and Rates~

________

___________

Title

De~gree~equir~ed

IlL

-

Mjn. Yrs.

License

E~perience ~

Reg’d.

Rate

~neerI

—

~gjneer II

Engineer UI

En~ineerlV

Professional

Engineer

Professional

Enginee~jI

Bachelor’s in Engineerirt.g

Bachelor’s in En~neetin..g

Baq~helor’sin En~gine~n.g

Bachelor’s in

Engineerip~.g

Bachelor’s in~ngineetin~g

Bachelor’s in Ei~gineering

Bachelor’s in

Enginee~jpg

-

None

~

None

None

~.

P.R

P.E.

—

Q

—

2

~

6

4

~

~.

~4~ço

~

~o.oo

~jO0M0

~U

5.00

$Ji~.oo

Senior Prof

En~ieer

j~~o

Geolog~~j

Geologist II

Geologist III

Geolot IV

Professional Geologjst

Profe~sjonalGeologist

ti

Bachelor’sj. Geology

orHydro.geoh~gy

l’~.jone

None

N~n~

None

~

~

0

2

4

6

4

6

$74,00

~2OQ

~QOo

$iOO~O

~U~QO

1119.00

Bachelor~s.jnGeplogy~r

Hydrogeolo~gy

helor’s in Geology or

Hydrogeojp~gy

Bachelor’sin Geology or Hydi.ogeology

Bacheloi’s in

Geology

or H~dro~eol~

Bachelor’sjn Geology or Hvdrogeolo~

Senior

f~eologi~

~cientistI

Scientist II

ç~j~j~ffl

Scientist IV

Senior Scientis..~

~pj~ctMa~agerI

Bachelor’s

in

O~lo~

or H~roge~~

Bach~lor’s

in a Natgal or Physical Science

—

None

None

None

None

-

Q

2

4

~

$13700

$60.00

~

~7.~Q~QQ

$75.OQ

Bachelor’s in

aNatural

or

Physical

Science

Bacheior’~in a Natural or Physical Science

Bachelor’s in a Naturaj~PhysicalScience

Bachej~r’s~a~aturalorPhysic~$cience

Non~

~_~Qne_

None

None

4~

8~

$85.00

$90.00

Project Managerfl

$95.00

SorPo~e~M~ag~

Technician

I

c~j~janll

Technician

Technician IV

~pior

Tech~ician

._

~çcount Techniciaiij

AccountTechnician II

Account Technician

rn

Account Technician IV

Senior AccTechnicianj

Adminis~tiV~M~~1t

I

None

None

None

None

None

—

None

.

None

None

None

None

Non.~

None

None

None

None

None

None

None

None

None

None

None

.

None

None

None

~

None

N~

None

None

None

2~Lc~

None

None

None

—

None

None

None

None

None

122

0

22

42

~

~

0

Z~

43

6~

—

Q

2

44

6~

.

0

~

6

&

$100.00

$50.00

$55.00

$60.00

$65.00

£70.00

Qf~

~

$~Q0~

$55.00

$60.00

£30.00

$35.00

$40.00

$42.50

-

~45

.00

$40M0

~4~QQ

$500Q

$5,.00

~

00

Administra1iveA~StantII

AdministratiV~.W4~tIII

Administrative Assistant

TV

~ior

Admi~Assistant

I

Drafiperson/CAUJ

Draflpersoi~JCAPi~

~~erson!CAD_W

~~e~onIC~

IV

Senior ~

9

---

2

3

4

5

-~

.

.--

. — —-- C.

— ——

For budgets submitted qi worjc perform~dJtiQrto the ~ffe~tivedateof~i~e~erg.~.xicy~

not strictly meet the experience

or education.recLuirementC

nrovided above shall be allowed to bill at the labor

categoryth~t.mpstclosslycQtTesponds~th

thei~duties.

._Eguivalent work-related or cpll~.g~jeveleducation

with

significant ccni~sework~n

the

nhv~ical.

life.

or

~yironmental sci~encescan be_sub.srituted for all at part of the spe~ifiedc~p~1~.nce

r~nir’~”~

~ouivaent

work-related or coll~.gçjçvel~ducation

with

~j~ficant cour~warkin

,-“-~“

or

r~n

be

~h~tituted for all or

part

of~

~valent

work-related or college leve.leducatior~ith

~

1r~workin administrative or secretarial

~yjces can_be substituted for

~l1

or n~rT

of

the

cr~ec~ifi~de&re~nri~

o,1ir1~t~

Equivalent work-related or c~U.egelevel education

wi.th significant cpursew~rkindraftJj~

or

~~omo,arpr

aided

~istu (“CAD”~can be substituted for alLo.r

part

of

the specified experience

requirements.

-

. —— . -

—-

Respectfully

submitted,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

Kyle

Rorninger

Assistant Counsel

DATED: May 17, 2004

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

(217)

782-5544

10

i.—-.

S

:1.

-t—C:—L

---

STATE OF ILLiNOIS

COUNTY

OF SANGAMON

)

) SS

)

~CE~VED

CLERK’S

OFFICE

MAY

72004

STATE OF !LUNOIS

Pollution Control Board

~RPOF OF

SEIWICE

I, the undersigned, on oath state that

I have served the attached ILLINOIS

ENVIRONMENTAL

ADOPTION_OF EMERGENCY RULES on behalf ofthe Illinois Environmental

envelope addressed, to:

Dorothy

Gunn,

Clerk

Illinois Pollution Control Board

James

R. Thompson Center

100 West Randolph, Suite 11-500

Chicago, Illinois 60601

(Facsimile

and Overnight Mail)

SEE ArrACHED SERVICE LIST

(Regular Mail)

Marie

Tipsord, Hearing Officer

Illinois Pollution Control Board

James R. Thompson Center

100 West R~andolph,

Suite

11-500

Chicago, flhinois 60601

(Facsimile and Overnight Mail)

and mailing it from Springfield, Illinois, on May 17,

2004, with sufficient postage affixed

as indicated above.

SUBSCRIBED AND SWORN

TO BEFORE ME

this

Notary Public

OFRC1AL

SEAL

BRENDA ~OEHNER

~ NOTARY PUSLlC~ STATE OF ILLINOIS ~

‘~MYCOMMISSION EXPIRES

1l44-2~5~

---

Party

Name

Role

Ctty & State

Phooe/F~x

IE2A

1021

North Crand

Avenue ~st

Springfield

217/782-5544

Pe~itloner

P.O. BOX 19276

IL 62794.9276

217/782-9807

Gina

Roccaforte,

Assistant

Counsel

Kyle Rominger, Assistant Counsel

Doug

Clay

L!2~&~r2~rn~n3l5ORoIand Avenue

Springfield

2~7I523-490O

Interested

Party

Post

Of~ce

BoX

5776

IL 62705-~T76

217/523-49.48

-

Thomas

G. Satley

Bank

One

Plaza

Chicago

312/853-7000

‘10

South

Dearborn Street

IL

60603

312/953-7036

Interested

Party

William G

Dickett

Xarag~nIs

&

Wl)jlQ,.

414

North Orleans Street

Chicago

312/836--i 177

Suite 810

IL 60610

312/836-9063

Interested Party

Bart~araMagel

IllinoIs

Petrol~sjm

112 West

Cook Street

IL

62704

2171793-1858

Interested Party

Bill

Fleischi

UnitedScience

P.O. Box

360

Woodlawn

618,735-2411

jfl~JjstrIe3.Iiic~

6295 East Illinois HIghway 15

IL 62898-0380

618/735-2907

intareslod Party

Joe

lllln~3

~.nvIronrnen~.j

3150 Roland

Avenue

5prln~~’1ed

217/523-4942

IL 62703

2171523-.4948

lntere*ted

Party

-

-

RobertA.

Mess~na,

Gener~ICounsel

Carlson

65 E.

Wader

Place

Chicago

Suite

1500

IL 60601

Jnteresteif

Party

Kenneth

James

ChemIcal Indu~t~y 2250 E. Devon Avenue

DesPlaines

~w~clI of IPIIn~

S-~

239

IL

60018-4509

Interested Party

Lisa Frede

Barj’1e~& Thorjibucg

I

North

Wacker

Drive

ChIcago

3121357-1313

Interested

Party

SuIte 4400

IL

60606

312/759-5648

Carolyn

S.

Hes~e,

A~omey

Raoos

Enelneerin~&

821 SouTh

Durkin Drive

SpringfIeld

217/787-2118

P.O.

Box 7349

IL 62791-7349

2171787-6641

Interested Party

Micflaei

W. Rap~

EnvIronmental

2012 W~tCollege

Avenue

Normal

309/454-1717

Sti~

208

IL 61761

3091454-2711

Interasted

Party

C~algS. Godter. President

En1.,irT~1mentaIBureau

Chicago

312/814-2550

18~

West Randolph, 20th Floor

IL

60601

312/814-2347

Interested Party

-

Joel J. Sternatein,

Assistant Attorney Genera

HerlacherAtigleton

Waterloo

618)935-2262

~~oc1ate5. LLC

8731 Bluff Road

IL 62298

61a’935-2694

Interested Party

Torn Heriad~er,P.E., Prin~paIEngineer

100W.

Randolph St.

Chicago

3128143956

Interested Party

Suite

11-500

IL 60601

Dorothy M. Gunn. CIerl of the 8oat~d

Marie Tipsord. Hearing

Officer

http : //www.:ipcb.state.il.us/coolIextemalIcasenotif~r.asp?caseid~62

87&notifytype=Service

4/30/2004

i-i.

:

---

HUff .&.Ht~ffJnc.

512

West

Burlington Avenue

LaGrange

Interested

Party

Suite 100

IL 60525

James E.

Huff.

P.E.

101

North

Wacker Orive

Chicago

Interested

Party

Suite 1100

IL 6060$

Scott Arider~on

~lairpA. Mgattiitg

111 N. Sixth Street

Springfield

Interested

Party

IL 62701

217-5226152

Claire A. Manning.

Posegate & Derres

~r1~

~nvironrnerttaI,Inç~

1000 West Spring St~t

South Elgin

Interested

Party

IL 60177

847468-8855

Melanie LoPiccolo, Office Manager

Igrracon

870 40th

Avenue

Bettendorf

Interested Party

IA 52722

(563) 355-0702

Brian Porter

llllnaLs_Qe~aflmajaLof

~

One Natural Resources Way

5p~~ed

217/782-1809

Interested

Party

IL 62702-1271

217/524-9640

Jonathan

Fu11,

General Counsel

Posegate &Q~.

111 N.

Sixth Street

Sprlngflekj

217/522-6152

Interested

Party

IL 62705

217/522-6184

Claire A. Manning,

Attorney

EcoDl~J~(

P0

Box 360

Woodlawn

6295 East Illinois

Hwy

15

IL 62898

(618)735-2411

interested

Party

Joe Kelly. VP Engineering

Wendler Eneine~rIng

ServlcesJr~.

1770 West

State

Street

Sycamore

815-895-5008

Inter.sted

Party

IL 60178

Glen

Lee,

~aLLak~

An~1ytka1

1380 Busch

Parkway

But1~JoGrove

Intereated Party

IL 60089

(847) 808-7766

A,J

Pavlick

-

CSD Environmental

$~rvIces.

Inc

2220 Yale

Boulevard

Springfield

217-522-4085

Interested

Party

IL 62703

Joseph W. Truesdale, P.E.

Services. ln~

2621

MOnetga.

Suite C

Springfield

217-787-6109

Interested Party

II

62704

Ron Dye,

President

~er~ls~e~Jng

3140 Finley

Road

Downers Grove

630.795.3207

Interested

Party

IL 60515

Monte Nlenke,t

P~P~c_~:a~.gijei

2231

W. Afto~Dr.

Peoria

309-692-9688

Interested

Party

ii 61615

Kizt Stepping,

Dor

of

ClIent

Services

~well.~J1~sJJn~

Interested Party

Sute

940 E~

100

Dlel~l

Road

IL

Naperville

60563

630

5770800

Thomas

M.

Gulst, PE, Team

Leader

CW3P4Cpmoanv. lnc~

interested Party

701

South Grand

Ave.

West

Springfield

IL 62704

217-522-8001

Jeff

Wienhoff

~ui~urI~an

Hillside

Lab.gratorles.Interested

__________

Party

Inc.

4140

-

Utt Drive

IL 60162

708-544-3260

Jarrett Thomas,

V.P.

LInii.~d

Science

Intrte.sJac~

Interested

Party

6295

East Illinois

Hwy

15

Woodlawn

IL 62898

618-735-2411 e

Dan King.

Team

Leader

hnp ://~ww.ipcb

.state.

ii. us/coollexternallcasenoti fy.asp?caseid=6287&noti~’type~Service 4/30/2004

---

~JT~d

1~l.LOJ

~n’~irn~nta1

-

~cnsultlno&

551 Roosevelt Road

Glenn Ellyn

-

~agia~Ln9.~Jftc~

p309

IL

60137

lntere~tedParty

Richard

~ndros,P.E.

MA~IE~

~ogia~riag~

8901 N.

Industrial Road

~onsuIting.Inc.

IL 61615

-

Interested

Party

Terrence

W.

Dixon, PG.

:rrans.Dor~l~~~xIofl

2300 Dlrksen Parkway

Sp~gfieId

interested Party

IL 62764

Steven Gobelman

~E~Q

~nvironmentaI

$~rvices.

Inc.

7350 Duvon

Drive

Tinley

IL 60477

Park

Interested Party

Collin W. Gray

tierlacher Angleton

~AssoclatvsJ.J~

522 Belle

Street

Interested Party

IL 62002

Jennifer Goodman

Environmental

119 East

Patatin Road

Palafine

Consultants. Inc.

SuIte

101

IL

60067

Interested

Party

George

F. Moncek

t~Qi~Lr~e

Wpods LLP

77

W. Wackar

Chicago

Interested Party

Suite 4400

IL 60601

David Rieser

~fl~L

Hemkpr

Interested

& GI

Party

Suite10

S.

2000Broadway

st.

MO

L~uI~.

63104

-

31~241~0~

Tina

Archer.

Attorney

Lgn~n~Services.

Inc.

4243

W. 166th

Street

~ Forest

708-535-9981

lnterest.d

Party

U~

Erin Cuzley,

Env.

Department

Manager

Am~n

Environmental

Corp. 3700 W. Grand

Ave., Suite A

Springfield

(217) 585-9517

Interested Party

IL

62707

Ken

Miller,

Regional

Manager

Ac,~lIed

Envlronrnen~j

Centralla

P 0 Box 1225

IL 62801

6186335953

Interested

Party

Russ Goodlel, Project

Manager

Inc.

100

Springfield

Interested Party

IL 62702

Dirnlel

J. GoodwIn

Cateroillar, Inc.

Peoria

Interested

Party

100 NE Adams Street

1L 61629

3096751658

ErIc

Mindei’, Sr. Environmental

Engineer

EnvIronmental

Suite

1000

ChIcago

____________

Interested Party

SOC

W. Van

-

Buren

Street

IL

60607

312-207-1600

-

Daniel Capllce

IllInois Society of

Engineer-a

300

West

Edwards

Springfield

lL 62704

-

217~525-6239217-544-7424

Interested

Party

Kim Robinson

Brittan Balm

Total number

of

partIcipants:

52

-

-

-L

http

://www.

ipcb.state.iLus/cooVexternaI/casenoti~’.asp?caseid6287&notifytype~Service

4/30/2004

---

CLERK’S

OFRCE

MAY 17 20fl4

STATE OF ~LUNOJS

ILLINOIS

ENVIRONMENTAL PROT ECTION AGEN(~Ut10fl Control 3oarc~

DIVISION OF LEGAL COUNSEL

-

1021 NOR.TH GRAND AVENuE EAST, POST OFFICE BOX 19276

SPRINOFJELD, E~LINOIS62794-9276

TELEPHON~E(217)782-5544.FACSJ7,!tL.E (2 7)782-9807

DATE:

Mc~~,j1,

FACSIMILE

TRANSMiTTAL

S flEET

PLEASE

DELiVER THE FOLLOWNG

PAGE(S TO:

PAR~’SNA~:

~

(Jev~

FIRM/COMPANYS NAME:cP

C

Li

FACS~)LENO.:

___________

TELEPHONE NO.:

__________

TOTAL NUMBER OF PAGES (INCIJJDING THIS PAGE):

HARD COPY

WILL

_________

WILL NOT________

FOLLOW.

IF

YOU DO NOT

RECEIVE ALL OF TI~1EPAGES, PLEASE CALL 217-782-5544.

çOM~tEr~TS: EEP~\

‘S

~

.

A41~t

~4,’

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ADDRESSED; AND MAY CONTAIN INFORMATION THAT

IS

PRiVILEGED,

~FIDENTIAL,AND EXEMPT

FROM DISCLOSURE UNDER APPLICAPLE LAW. IF THE READER OF THE ~SSAGE IS NOT THE INTENDED

RECIPIENT, OR THE EMPLOYEE OR AGENT R~S~ONSIEE~ETO DELIVER IT TO THE IN1ENDED RECIPIENT, YOU

ARE

HEREBY NOTIFIED

THAT READING,

DISSEMJNATNG, DISTRIBUTING, OR CO?Y12~G

THIS

COMMUNICATION IS STRICTLY PROHfl3TED. TFYOU HAVE RECEIVED T~S

CO

MtJNICATION IN ERROR.

PLEASE 1M~EDIATELYNOTIFY US ~Y TFLEPHONE. AND REIIJRN THE 0RIG~ALM~,SSAGETO US AT TIlE

ABOVE ADDBE~S

1i7~.k

THE

U.S. PO~AL$ERVICE ThAN~YQ~

IL532

2624

-

ADM

214

Feb-99

PVkkr ~

~

flp

~c~cA-~!4-eo ~

FROM:

k~iIe

Re;

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