EXHIBIT LIST
IN THE MATTER OF:
PROPOSED AMENDMENTS TO:
REGULATION OF PETROLEUM LEAKING
UNDERGROUND STORAGE TANKS (35
ILL. ADM. CODE 732
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)
)
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R04-22
(UST Rulemaking)
IN THE MATTER OF:
PROPOSED AMENDMENTS TO:
REGULATION OF PETROLEUM LEAKING
UNDERGROUND STORAGE TANKS (35
ILL. ADM. CODE 734
)
)
)
)
)
)
R04-23
(UST Rulemaking)
Consolidated
Exhibit 1 Illinois Environmental Protection Agency’s First ERRATA Sheet for Part 732
Exhibit 2 Illinois Environmental Protection Agency’s First ERRATA Sheet for Part 734
Exhibit 3 Testimony of Douglas Clay in support of the Illinois Environmental Protection
Agency’s proposal to amend 35 Ill. Adm. Code 732
Exhibit 4 Testimony of Douglas Clay in support of the Illinois Environmental Protection
Agency’s proposal to amend 35 Ill. Adm. Code 734
Exhibit 5 Testimony of Hernando Albarracin in support of the Illinois Environmental
Protection Agency’s proposal to amend 35 Ill. Adm. Code 732
Exhibit 6 Testimony of Hernando Albarracin in support of the Illinois Environmental
Protection Agency’s proposal to amend 35 Ill. Adm. Code 734
Exhibit 7 Testimony of Douglas Oakley in support of the Illinois Environmental Protection
Agency’s proposal to amend 35 Ill. Adm. Code 732
Exhibit 8 Testimony of Douglas Oakley in support of the Illinois Environmental Protection
Agency’s proposal to amend 35 Ill. Adm. Code 734
Exhibit 9 Testimony of Brian Bauer in support of the Illinois Environmental Protection
Agency’s proposal to amend 35 Ill. Adm. Code 732
Exhibit 10 Testimony of Brian Bauer in support of the Illinois Environmental Protection
Agency’s proposal to amend 35 Ill. Adm. Code 734
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Exhibit 11 Testimony of Harry Chappel in support of the Illinois Environmental Protection
Agency’s proposal to amend 35 Ill. Adm. Code 732
Exhibit 12 Testimony of Harry Chappel in support of the Illinois Environmental Protection
Agency’s proposal to amend 35 Ill. Adm. Code 734
Exhibit 13 DRAFT Budget and Billing Forms for the Underground Storage Tank Fund
March 9, 2004
Exhibit 14 Leaking Underground Storage Tank Reimbursement Example 35 Ill. Adm. Code
734
Exhibit 15 Illinois Environmental Protection Agency Second ERRATA sheet
Exhibit 16 35 Ill. ADC 185.204
Exhibit 17 Cash Balance Daniel W. Hynes
Exhibit 18 State Underground Storage Tank Fund
Exhibit 19 Landfills that Accept LUST Soils as of May 2004
Exhibit 20 General Guidelines
Exhibit 21 LUST Claims Voucher Process
Exhibit 22 State UST Reimbursement Regulations (Summary)
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Exhibit 23 Complete Copies of State UST Reimbursement Regulations
(exhibit includes one set of USEPA Guidelines and rules from 31 states as listed
below):
USEPA, State Funds in Transition: Models for UST Assurance Funds, EPA 510-
B-97-002, Jan. 1997; Montana Petroleum Tank Release Cleanup Fund
Reasonable Cost Ceilings (Draft 9/6/02);Ohio Revised Code, Petroleum Storage
Tank Release Compensation Board (Dec. 1997); Missouri, Rules of Dept. of
Natural Resources, 10 CSR 100-5.010-5.030 (4/30/02); New Mexico
Environment Dept. 20.5.17 NMAC (11/30/03); Arkansas Dept. of Environmental
Quality, Regulated Storage Tank Trust Fund Cost Control Guidance Document
(6/03); Florida Dept. of Environmental Protection, Petroleum Preapproval
Program—Fixed Rate Schedule (12/02); Kansas Petroleum Storage Tank Release
Trust Fund Reasonable Rate Ranges (eff. 6/28/02); Wisconsin Dept. of
Commerce Maximum Reimbursable Equipment Rates (4/28/04); Nebraska Dept.
of Environmental Quality, Petroleum Release Remedial Action Cash Fund (Title
200 Program)(eff. 3/1/00); Virginia Dept. of Environmental Quality, Virginia
Petroleum Storage Tank Fund Reimbursement Guidance Manual, Vol. II UCR
Schedules (5
th
ed.); Vermont Agency of Natural Resources, Waste Mgt. Div.,
Procedures for Reimbursement from the Petroleum Cleanup Fund) (eff.
4/04);Mississippi Dept. of Environmental Quality, UST Branch, Reimbursement
Limitation & Procedures for Immediate Response Actions Eligible for
Reimbursement from the Mississippi Groundwater Protection Trust Fund (eff.
1/1/02); Alabaman Dept. of Environmental Management, Alabama Tank Trust
Fund Reasonable Rate Schedule (6/03); Indiana Underground Storage Tank
Financial Assurance Board, 328 IAC, LSA Doc. #00-135(F), (adopted 7/10/01);
Kentucky Off. of Petroleum Storage Tank Environmental Assurance Fund, 415
KAR 1:110. Contractor Costs (4/30/04); Maryland Dept. of Environment, Title 26
Subtitle 10 Chap. 14 Underground Storage Tank Site Cleanup Reimbursement
(7/23/01); South Dakota Petroleum Release Compensation Fund, 1999 Internal
Cost Screening Guidelines for Determining Reasonable Environmental
Consultant Expenses (4/12/99); New Hampshire Petroleum Storage Facility Fund
Program Guidance Manual, Section VI only (10/1/03); Texas Natural Resource
Conservation Comm. Petroleum Storage Tank Division, Reimbursable Cost
Guidelines (4/30/04); Tennessee Dept of Environment and Conservation,
Reasonable Reimbursement Guidance Document (1/1/04); Colorado Dept. of
Labor & Employment, Division of Oil & Public Safety, Reasonable Cost
Guidelines 2001 (4/30/04); North Carolina Group Dept. of Environment and
Natural Resources-Div. Of Waste Mgt., UST Tank Price List, Version 1.0
(3/1/03); Minnesota Rules, Chapter 2890 (4/27/04); Arizona Dept. of
Environmental Quality, State Assurance Fund 2004 Cost Ceilings (2004); Alaska
Underground Storage Tank Financial Assistance Program Tables of Customary
Costs (5/25/99); Louisiana Motor Fuels Underground Storage Tank Trust Fund
Cost Control Guidance Document (undated); California State Water Resources
Control Board, Cost Guidelines—Underground Storage Tank Cleanup Fund
(Final Draft 10/01/01); Nevada Division of Environmental Protection, State of
Nevada Petroleum Fund CEM Cost Guidelines (12/01)
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Exhibit 24 Excavation/Transportation/Disposal/Backfill Costs (undated)
Exhibit 25 LUST Average Days to Process Claims (2/11/04)
Exhibit 26 Maximums Allowable (J. Kim 4/20/04)
Exhibit 27 Amended Attachments (2nd ERRATA Sheet) as Requested by Hearing
Conducted 5/25/04
Exhibit 28 Payment of Corrective Action and Third Party Liability Claims Trust Fund (2
pages from Indiana Administrative Code) (undated)
Exhibit 29 Prefiled testimony of CW3M for the hearings beginning on June 21, 2004,
including Attachment A and Appendix A through N
Exhibit 30 Table with heading “Paid in 2003”, Paid in 2002”, and “Paid in 2001” and graph
Exhibit 31 Letter from Goodwin & Broms, Inc. for cite LPC # 1150155313
Exhibit 32 “Excavation and Off-Site Landfarm Treatment” Budget form with IEMA No.
932539
Exhibit 33 LUST Technical Review Notes by Jason Donnelly dated March 14, 2003, for cite
LPC # 0110505004
Exhibit 34 Comparison of Other States Provided
Exhibit 35 Resume of Cindy S. Davis, P.G.
Exhibit 36 Resume of Joseph W. Turesdale, P.E., S.I.T.
Exhibit 37 Resumes of Joe Kelly, Duane Doty, Robert J. Pulfrey, and Barry Sink
Exhibit 38 High Priority Corrective Action Task List, page numbered 6 of 8 followed by
“Information Presented to IEPA by AD-HOC group, leg by Consulting Engineers
of Illinois (CECI)
Exhibit 39 Underground Storage Tank Fund Information including information from Daniel
W. Hines dated 6/20/04 and 6/17/04
Exhibit 40 UST Fund Graphs including “Frequency of Payouts” and “LUST Fund Balance”
Exhibit 41 Letter from Bill Fleischli of Illinois Petroleum Marketers Association to Mr. Gary
King of the Illinois Environmental Protection Agency dated October 24, 2001
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Exhibit 42 Memorandum from Doug Clay of the Illinois Environmental Protection Agency
to Bill Fleischli dated April 4, 1995
Exhibit 43 UST Reimbursement Project Information
Exhibit 44 Emergency Rule Language Negotiated Between IEPA, PIPE, CECI, ISPE
Exhibit 45 Illinois Department of Transportations “Aggreement” (sic) Provisions for
Consultant Services, pages 29 through 33
Exhibit 46 Capitol Development Board’s Professional Services and Fees Handbook for
Centralized Fee Negotiation, pages 5 though 6
Exhibit 47 General Information Used by Businesses in Determing Reasonable and
Competitive Pricing
Exhibit 48 PIPE Workgroup Work Breakdown Structure
Exhibit 49 Prefiled Testimony of Cindy S. Davis for the hearings beginning on June 21, 2004
Exhibit 50 Prefiled Testimony of Michael W. Rapps for the hearings beginning on June 21,
2004
Exhibit 51 Table titled “Chappel Attachment 12 E + T + D Data”
Exhibit 52 Graph titled “Normal distribution”
Exhibit 53 Prefiled testimony of Duane Doty for the June 21, 2004, hearing
Exhibit 54 Prefiled testimony of Joseph M. Kelly for the June 21, 2004, hearing
Exhibit 54(a) Supplemental Prefiled testimony of Joseph M. Kelly for the June 21, 2004,
hearing
Exhibit 55 Prefiled testimony of Robert J. Pulfrey for the June 21, 2004, hearing
Exhibit 56 Prefiled testimony of Barry F. Sink for the June 21, 2004, hearing
Exhibit 57 Map titled “Active LUST Sites”
Exhibit 58 Map titled “PIPE Member LUST Sites”
Exhibit 59 Map titled “Special Waste Landfills”
Exhibit 60 Map titled “Special Waste Landfills” with Active LUST Sites included by blue
dots
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Exhibit 61 Map titled “Special Waste Landfills” with active LUST Sties included by blue
dots and yellow highlighted sites within 25 miles of landfills
Exhibit 62 Map titled “Rock Backfill Vendors 2002-2003”
Exhibit 63 Table titled “All Incident Numbers” from the IEPA LUST Database, dated April
2003
Exhibit 64 Table headed Number of Sites Year of Incident from the IEPA LUST Database,
dated April 2003
Exhibit 65 Chart headed Sites Not Assigned
Exhibit 66 Map titled “Illinois OSFM Licensed Contractors”
Exhibit 67 Map titled “Illinois OSFM Licensed Contractors”, including LUST Sites with
yellow dots
Exhibit 68 Map titled “Illinois OSFM Licensed Contractors”, including LUST Sites with
yellow dots and highlighted sites within 25 miles of contractor
Exhibit 69 Table titled “NFRs Issued Vs. TACO Usage”
Exhibit 70 Web Pages for United Science Industries
Exhibit 71 Prefiled testimony of Bill Fleischli for the hearings beginning on June 21, 2004
Exhibit 72 Prefiled testimony of Harold Primack for the hearings beginning on June 21, 2004
Exhibit 73 Prefiled testimony of Joseph W. Truesdale for the hearings beginning on June 21,
2004
Exhibit 74 Prefiled testimony of Daniel J. Goodwin for the July 6, 2004 hearing
Exhibit 75 Prefiled testimony of Jarrett Thomas for the July 6, 2004 hearing
Exhibit 76 Table titled “State Underground Storage Tank Fund”