EXHIBIT LIST

EXHIBIT LIST

IN THE MATTER OF:

)

PROPOSED AMENDMENTS TO:

)

R04-22

REGULATION OF PETROLEUM LEAKING)

(UST Rulemaking)

UNDERGROUND STORAGE TANKS

(35

)

ILL. ADM. CODE 732

)

IN THE

MATTER OF:

)

PROPOSED AMENDMENTS TO:

)

R04-23

REGULATION OF PETROLEUM LEAKING)

(UST Rulemaking)

UINDERGROUI’~JDSTORAGE TANKS

(35

)

Consolidated

ILL. ADM. CODE 734

)

Exhibit

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 ofDouglas Clay in support ofthe Illinois

Environmental Protection

Agency’s proposal to amend 35 Ill. Adm. Code 732

Exhibit 4

Testimony ofDouglas Clay in support ofthe Illinois Environmental Protection

Agency’s proposal to amend

35 Iii. Adm. Code 734

Exhibit

Testimony ofHemando Albarracin in

support ofthe Illinois Environmental

Protection Agency’s proposal to

amend 35

Iii. Adm.

Code 732

Exhibit 6

Testimony ofHernando Albarracin in

support of the Illinois Environmental

Protection Agency’s proposal to amend 35

Iii. Adm. Code 734

Exhibit 7

Testimony ofDouglas Oakley in

support ofthe Illinois Environmental Protection

Agency’s proposal to amend 35

Ill. Adm. Code 732

Exhibit 8

Testimony ofDouglas Oakley in support ofthe Illinois Environmental Protection

Agency’s proposal to amend 35 Ill.

Adm. Code 734

Exhibit 9

Testimony ofBrian Bauer in support ofthe Illinois Environmental Protection

Agency’s proposal to amend 35

Ill. Adm. Code 732

Exhibit 10

Testimony ofBrian Bauer in support ofthe Illinois Environmental Protection

Agency’s proposal to amend 35 Ill. Adm. Code 734

Exhibit

Testimony ofHarry Chappel in support ofthe Illinois Environmental Protection

Agency’s proposal to amend 35 Ill. Adm.

Code 732

Exhibit

Testimony ofHarry Chappel in support ofthe 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

Illinois Environmental Protection Agency Second ERRATA sheet

Exhibit 16

35 Ill. ADC 185.204

Exhibit

Cash Balance Daniel W. Hynes

Exhibit

State Underground Storage Tank Fund

Exhibit

Landfills that Accept LUST Soils as ofMay 2004

Exhibit 20

General Guidelines

Exhibit 21

LUST

Claims Voucher Process

Exhibit 22

State UST Reimbursement Regulations (Summary)

Exhibit 23

Complete Copies ofState UST Reimbursement Regulations

(exhibit includes one set ofUSEPA 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 ofDept. 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. ofEnvironmental 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. ofCommerce Maximum Reimbursable

Equipment Rates (4/28/04); Nebraska Dept. ofEnvironmental Quality, Petroleum

Release Remedial Action Cash Fund (Title 200 Program)(eff. 3/1/00); Virginia

Dept. ofEnvironmental Quality, Virginia Petroleum Storage Tank Fund

Reimbursement Guidance Manual, Vol. II UCR Schedules

(5th

ed.); Vermont

Agency ofNatural Resources, Waste Mgt. Div., Procedures for Reimbursement

from the Petroleum Cleanup Fund) (eff. 4/04);Mississippi Dept. ofEnvironmental

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. ofEnvironmental

Management, Alabama Tank Trust Fund Reasonable Rate Schedule (6/03);

Indiana Underground Storage Tank Financial Assurance Board, 328 JAC, 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. ofEnvironment, 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

ofEnvironment and Conservation, Reasonable Reimbursement Guidance

Document (1/1/04); Colorado Dept. ofLabor & Employment, Division ofOil

Public Safety, Reasonable Cost Guidelines 2001

(4/30/04); North Carolina Group

Dept. ofEnvironment and Natural Resources-Div. OfWaste Mgt., UST Tank

Price List, Version 1.0

(3/1/03); Minnesota Rules, Chapter 2890 (4/27/04);

Arizona Dept. ofEnvironmental Quality,

State Assurance Fund 2004 Cost

Ceilings (2004); Alaska Underground Storage Tank Financial Assistance Program

Tables ofCustomary 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 ofEnvironmental

Protection, State ofNevada

Petroleum Fund

CEM Cost Guidelines (12/0 1)

Exhibit 24

ExcavationlTransportationlDisposallBackfill 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 Requestedby Hearing

Conducted 5/25/04

Exhibit 28

Payment ofCorrective Action and Third Party Liability Claims Trust Fund (2

pages from IndianaAdministrative Code) (undated)

Exhibit

Prefiled testimonyofCW3M for the hearings beginning on June 21, 2004,

including Attachment A and Appendix A through N

Exhibit

Table with heading “Paid in 2003”, Paid in 2002”, and “Paid in 2001” and graph

Exhibit

Letter from

Goodwin & Broms,

Inc.

for cite LPC

1150155313

Exhibit

“Excavation and Off-Site Landfann Treatment” Budget form with JEMA No.

932539

Exhibit 33

LUST

Technical ReviewNotes by Jason Donnelly dated March

14, 2003, for cite

LPC #0110505004

Exhibit 34

Comparison ofOther States Provided

Exhibit 35

Resume ofCindy S. Davis, P.G.

Exhibit 36

Resume ofJoseph W.

Turesdale, P.E., S.I.T.

Exhibit 37

Resumes ofJoe Kelly, Duane Doty, Robert J. Pulfrey, and Barry Sink

Exhibit 38

High PriorityCorrective Action Task List, page numbered 6 of 8 followed by

“Information Presented to TEPA by AD-HOC group, leg by Consulting Engineers

ofIllinois (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 “FrequencyofPayouts” and “LUST Fund Balance”

Exhibit 41

Letter from Bill Fleischli ofIllinois Petroleum Marketers Association to Mr. Gary

King ofthe Illinois Environmental Protection Agency dated October 24, 2001

Exhibit 42

Memorandum from Doug Clay ofthe 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 ofTransportations “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

though 6

Exhibit 47

General Information Usedby Businesses in Determing Reasonable and

Competitive Pricing

Exhibit 48

PIPE Workgroup Work Breakdown Structure

Exhibit 49

Prefiled Testimony ofCindy S. Davis for the hearings beginning on June 21, 2004

Exhibit 50

Prefiled Testimony ofMichael W. Rapps

forthe hearings beginning on June 21,

2004

Exhibit 51

Table titled “Chappel Attachment 12 E

D Data”

Exhibit 52

Graph titled “Normal distribution”

Exhibit 53

Prefiled testimony ofDuane Doty for the June 21, 2004, hearing

Exhibit 54

Prefiled testimony ofJoseph M. Kelly for the June 21, 2004, hearing

Exhibit 54(a)

Supplemental Prefiled testimony ofJoseph M. Kelly for the June 21, 2004,

hearing

Exhibit

Prefiled testimony ofRobert J. Pulfrey for the June 21, 2004, hearing

Exhibit

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

Map titled “Special Waste Landfills”

Exhibit 60

Map titled “Special Waste Landfills” with Active LUST Sites included by blue

dots

Exhibit 61

Map titled “Special Waste Landfills” with active LUST

Sties included by blue

dots and yellow highlighted sites within 25 miles oflandfills

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 ofSites Year ofIncident from the IEPA LUST Database,

dated April 2003

Exhibit

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 ofcontractor

Exhibit 69

Table titled “NFRs Issued Vs. TACO Usage”

Exhibit 70

Web Pages for United Science Industries

Exhibit 71

Prefiled testimony ofBill Fleischli forthe hearings beginning on June21,

2004

Exhibit 72

Prefiled testimony ofHarold Primack forthe hearings beginning on June 21, 2004

Exhibit 73

Prefiled testimony ofJosephW. Truesdale

for the hearings beginning on June 21,

2004

Exhibit 74

Prefiled testimony ofDaniel J. Goodwin for the July 6, 2004 hearing

Exhibit 75

Prefiled testimony ofJarrett Thomas for the July 6, 2004 hearing

Exhibit 76

Table titled “State Underground Storage Tank Fund”

Exhibit 77

Illinois Environmental Protection Agency Leaking Underground Storage Tank

Program Annual Report 2000

Exhibit

Illinois Environmental Protection Agency Leaking Underground Storage Tank

Program Annual Report 2001

Exhibit 79

Illinois Environmental Protection Agency Leaking Underground Storage Tank

Program Annual Report 2002

Exhibit 80

Illinois Environmental Protection Agency Leaking Underground Storage Tank

Program Annual Report 2003

Exhibit 81

Internet copy ofOccupational Safety and Health Administration, Department of

LaborPart

1926 and October 31, 1989

FederalRegister

version ofPart

1926

Exhibit 82

Office ofState Fire

Marshal Table of Contents forPart

170 and 41111. Adm. Code

172.10

Exhibit 83

Illinois Environmental Protection Agency letter dated February 9, 2004 to Mathias

Development Corporation

Exhibit 84

Illinois Environmental Protection Agency letter dated February 11, 2004 to L.E.

Anderson Bros. Oil Co.,

Inc.

Exhibit 85

Transcript from Riverview FS, Inc. v. IEPA PCB 97-226

Exhibit 86

Table Titled “Raw Numbers for ETD&B of Other States”

Exhibit

Illinois Environmental Protection Agency third ERRATA sheet

Exhibit

Testimony ofDouglas Clay in support ofthe Illinois Environmental Protection

Agency’s Proposal

Exhibit 89

Illinois

Department of Transportation Letter to

Douglas Clay dated August 2,

2004

Exhibit 90

PIPE’s Proposed Alternate Language

Exhibit 91

PIPE’s Testimony in Response to IEPA Testimony ofAugust 9,2004 and Third

ERRATA Sheet;

PIPE Testimony in Support ofPIPE’s Alternate Language

Exhibit 92

Tables headed “Construction Costs”

Exhibit 93

Table Titled “RS Means (2004)

—

Monitor Well Material Costs for 2”, 4”, 6”,

8”

Wells”