P~~ECE ~V E ~
CLERK’S OFFICE
AUG 092004
STATE OF ILLINOIS,
Pollution Control Bo~ri
)
PCB No.
05-
)
(LUST
—
Ninety ~DayExtension)
)
)
NOTICE
Dorothy M. Gunn, Clerk
Kim M. Dickey
Illinois Pollution Control Board
ERS of Illinois, Inc.
JamesR. Thompson Center
2270 Cornell Avenue
100 West Randolph Street
Montgomery, IL
60538
Suite 11-500
Chicago, IL 60601
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,
Respondent
Assistant Counsel
Special Assistant Attorney General
Division of Legal Counsel
1021 North Grand Avenue, East
P.O. Box 19276
Springfield, illinois 62794-9276
217/782-5544
217/782-9143 (TDD)
Dated: August
5,
2004
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
PREMCOR REFINING GROUP, INC.,
Petitioner,
V.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
)
)
CLERK’S OFFICE
BEFORE
THE POLLUTION CONTROL
BOARD
AUG 09 2004
OF THE STATE OF ILLINOIS
STATE OF ILLINC~
PREMCOR REFINING
GROUP, INC.,
)
Pollution Control ~.
Petitioner,
)
v.
)
PCB No.
05- ~
ILLINOIS ENVIRONMENTAL
)
(LUST
—
Ninety Day Extension)
PROTECTION AGENCY,
)
Respondent.
)
REQUEST
FOR NINETY DAY EXTENSION
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 III. 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 November 3, 2004, or any other date not more than a total ofone hundred twenty-five
(125) days from the date of service ofthe Illinois EPA’s final decision. In support thereof, the
Illinois EPA respectfully states as follows:
1.
On June 30, 2004, the Illinois EPA issued a final decision to the Petitioner.
(Exhibit A)
2.
On August 4, 2004, 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.
The Petitioner represented that the final decision was received no earlier than July 1, 2004.
(Exhibit B)
1
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 identif~’issues and limit the scope ofany
hearing that may be necessary to resolve this matter.
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 forpetitioning 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: August
5,
2004
This filing submitted on recycled paper.
2
ERS
of
~~Iir,~i
15908964099
08/04/04
04:3Spn~ P. 0134
ILLINOIS ENV1RONMENTAL PROTECTION AGENCY
1021 NoR-rH G~~o
AVENUE EAst, P.O. Box 19276, SPRINGFIELD,
21,uNOts
62794-9276, 217-782-3397
Jp.i~sR.
THOMPSON
CENTER, 100 WEST R,~ooiPi-i,SuITE 11-300, Ct~uc’~co,IL 60601, 312-814-6026
Roo R. BLACOJEVTCH, GOVERNOR
RENEE CIPRIANO, DIRECTOR
217/782-6762
CERTIFIED MAIL
7002 3150 0000 1257 9992
JUN302004
—
—
Prenicor Refining Group, Inc.
Attention: Timothy J. Mauntel
201 East Hawthorne Street
Hartford, IL 62048
Re:
LPC #0994905049—La Salle County
Streator/ Clark Refining. & Marketing
101 Lincoln Street
LUST Incident No. 981044
LUST Technical File
Dear Mr. Mauntel:
The Illinois Environmental Protection Agency (Illinois EPA) hasreviewed the High Priority
Corrective Action Plan Budget (budget) submitted forthe above-referenced incident. This
budget, dated April 12, 2004, was’received by the Illinois EPA on Aprilil4, 2004. Citations in
this letter are from the Environmental Protection Act (Act) and 35 illinois Administrative Code
(35 III. Adrn. Code);
~
•.
-‘r
~.
The budgetis modified pursuant to Section 57.7(c)(4) ofthe Act and 35 111. Adm. Code
732.405(c).
Based
on
the modifications listed in Section 2 ofAttachment A, the amounts listed
in Section 1 ofAttachmentA are approved. Please note that the costs must be incurred in
accordance with the approved plan. Be aware that the amount ofreimbursement maybe limited
by Sections
57.8(e),
57.8(g) and 57.8(d) ofthe Act, as well as 35 fli. Adm. Code 732.604,
732.606(s). and 732.611.
All future correspondence must be submitted to:
Illinois Environmental Protection Agency
Bureau ofLand
-
#24
Leaking Underground Storage Tank Section
1021 North Grand Avenue East
Post Office Box 19276
Springfield, IL 62794-9276
Please submit all correspondence in duplicate and include the Re: block shown at the beginning
ofthis letter.
RoCx~oRD—4302North
MaIn
Street, Rockford, 11.61)03 —(8)5)
ELCIN — 595 South
Stare. Elgin.
II. 60123 —(847) 60
BuReAu OF
LAI’~o-Peo~—
7620 N.
University
St.,
Peoria, II.
61614—C
~
— 4300 S. Sixth
Street Rd., Springfield, IL 62706— (21
~
MARION
-2309
W. Mai
~
EXHIBIT
~iarrisonSt., Des
Plaines,
11.60016— (847) 294-4000
~‘ St., Peoria, It. 61614—
(309)
693.5463
South First Street,
Champaign,
IL 61820 —(217) 278-5800
Mall
Street, Co(linsville, IL
62234 —(6181
346-5)20
~)
993-7200
ERS ~
111inoi~
18908964099
08/04/04
134:35pm P. 00S
Page2
An underground storage tank system owner or operatormay appeal this decision to the Illinois
Pollution Control Board. Appeal rights are attached.
Ifyou have any questions or need further assistance, please contact Carol Hawbaker at 217/782-
5713.
mcere y,
Harry A. Chappel, P.E.
Unit Manager
Leaking Underground Storage Tank Section
Division ofRemediation Management
Bureau ofLand
IAC:CLH
Attachment: AttachmentA
ERS ofillinois, inc.
Tina Shae Melvin
Division File
HUU~JU4
ERSOf’
iii i
no
i ~
16308964099
08/134/134 04: OSpm P. 006
Attachment A
Re:
LPC # 0994905049
—
La Salle County
Streator
I
Clark
Oil &
Refining
101 Lincoln Street
LUST Incident No. 981044
-
LUST Technical File
Citations in this attachment are from the Environmental Protection Act (Act) and 35 Illinois
Administrative Code (35 Iii. Adm.
Code).
SECTiON 1
As a result ofthe illinois EPA’s modification(s) in Section 2 ofthis Attachment A, the following
amounts are approved:
$2,248.08
Investigation Costs
-
$425.00
Analysis Costs
$14,997.50
Personnel Costs
$370.60
Equipment Costs
$385.25
Field Purchases and Other Costs
-
$452.97
-
Handling Charges
SECTION 2
.
$8,424. 16 for an adjustment in
the
total
budget. Thse
costs are inconsistent with the
associated technical plan. One of
the
overall goals ofthe financial review is to assure
that
costs associated with materials, activities, and services shall
be consistent
with the
associated technical plan
(35
III. Adm..
Code 732.505(c)).
The associated technical plan, dated September ii, 2003 and received by the Illinois EPA
on September
15, 2003,
was approved in a letter dated November 13, 2003. The approved
plan allowed I monitoring well to be placed in the source area. The.budget contains costs
for 3
monitoring
wells.
The following deductions have been made:
-
Investigation
$4,363.93
(2/3 ofproposed Investigation section)
Analysis
$250.00 (2 BTEX soil and 2 BTEX groundwater)
Personnel
$1872.50 (2/3 Of proposed Delineation Wells & Source Area Well
Installation, and
$800.00
from Off-site Access in Personnel section)
Equipment
5719.40 (2/3 ofproposedEquipment section)
Field
$750.00 (2/3 ofproposed Field Purchases section)
Handling charges
$468.33 (based
on
deductions in budget)
F~s
o~
1~no
j6308964099
08/04/04
134:36Pm P. 007
Appeal
Rights
-
An underground storage tank owner
or operator may appeal
this final decision to the Illinois
Pollution Control Board pursuant to Sections 40 and 57.7(c)(4)(D) ofthe Act by filing a petition
for a hearing within 35 days after the date ofissuance ofthe final decision. However, the 35-day
period may be extended for a period oftime not to exceed 90 days by written notice from the
owner or operator and the Illinois EPA within the initial 35-day appeal period. Ifthe owneror
operator wishes to receive a 90-thy extension, a written request that includes a statement ofthe
date the final decision was received, along with a copy ofthis decision, must be sent to the
Illinois EPA as soon
as possible.
For information regarding the filing ofan appeal, please contact:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
State ofIllinois Center
100 We~stRandolph, Suite 11-500
Chicago, IL 60601
312/814-3620
For information regarding the filing ofan extension, please contact:
Illinois Environmental Protection Agency
Division ofLegal Counsel
1021 North Grand Avenue East
Post Office Box 19276
-
Springfield, IL 62794-9276
217/782-5544
TOTPL P.@7
r~UG—u4—2004
16:24
2177829807
E~S
o~
Ill
no s
16309954099
-
August 4, 2004
VIA
FAX
2177829807 P.
08/04/04 134:35pm P. 002
ERS of ILLINOIS, INC.
A Divz~jion ofEnvironnzenrcxl R~mediation
Service.s~,
Inc.
—
Fort J~iync. Indiana
2270 ComeU Ave., Montgomery, IL
60538
-
Phone (630) 896-4090
-
Fa~ (630) 896-4099
Mr. John Kim
Illinois Environmental Protection Agency
Division of
Legal
Counsel
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
RE:
LPC
#4)994905049
-
LaSalle County
Streator/Former
Clark Store
#678
101 Lincoln Street
LUST
INCIDENT
#981044
Dear Mr. Kim:
This letterhas
been
prepared
by ERS of Illinois, Inc. (ERSI) on behalf ofThe Premcor Refining Group Inc.
(Premcor), to request a
90 day extension of the appeal
period in regards
to the Illinois Environmental
Protection Agency’s (Agency) correspondence dated June 30, 2004. The earliest datethat this Agency’s
correspondence was received by Premcor is July
1, 2004. A
copy ofthe Agency’s correspondence dated
June 30, 2004 is
presented in AttachmentA.
Should you have questions regarding this correspondence, or require additional information, please-do not
hesitate to contact the undersigned at (630) 896-4090.
Sincerely,
ERS
of
Illinois,
Kim M. Dickey
Senior
Project Manager
U
—i
U ~
cc:
Mr.
Timothy Mauntel, The Premcor Refining Group Inc.
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on August
5,
2004, 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
said sealed envelopes in a U.S. mail drop box located within Springfield, Illinois, with sufficient
First Class Mail postage affixed thereto, upon the following
named persons:
Dorothy M. Gunn, Clerk
Kim M. Dickey
Illinois Pollution Control Board
ERS ofIllinois, Inc.
James R. Thompson Center
2270 Cornell Avenue
100 West Randolph Street
Montgomery, IL
60538
Suite 11-500
Chicago, IL 60601
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
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)
