BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF:

)

)

PROPOSED AMENDMENTS TO:

)

R04-22

REGULATION OF PETROLEUM

)

(Rulemaking

-

Land)

LEAKING UNDERGROUND STORAGE

)

TANKS

(35

ILL. ADM. CODE 732)

)

IN THE MATTER OF:

)

)

PROPOSED AMENDMENTS TO:

)

R04-23

REGULATION OF PETROLEUM

)

(Rulemaking

-

Land)

LEAKING UNDERGROUND STORAGE

)

TANKS

(35

ILL. ADM. CODE 734)

)

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY’S

THIRD ERRATA SHEET

NOW COMES the Illinois Environmental Protection Agency (“Illinois EPA”), by

and through its attorney Kyle Rominger, and submits this Third Errata Sheet to its

proposal forthe amendment of35 Ill. Adm. Code 732 and the adoption of 35 Ill. Adm.

Code 734. During the course ofthis rulemaking many good comments and suggestions

for improving the rules have been provided. After reviewing the hearing transcripts and

filed testimony, the Illinois EPA incorporated these comments and suggestions into the

rules where appropriate and, as a result, proposes the following changes to its proposal:

X.

In response to a request for clarification on the application ofPart 734 to

releases subject to Public Act

92-0554

but reported prior to the effective date ofPart 734,

the Illinois EPA proposes to amend Section 734.100(a) by adding subsections (a)(1) and

(2) as follows. The changes will allow owners and operators who conducted work prior

to the effective date ofPart 734 to use that work in satisfying the requirements ofPart

6v~L~s-i~7

rn/a

y

---

734, and allow costs approved in a budget prior to the effective date of the Part to be

reimbursed in accordance with the approved budget. Altered wording, including changes

proposed in the Illinois EPA’s Second Errata Sheet, is highlighted in bold lettering.

a)

This Part applies to owners or operators of any underground storage tank

system used to contain petroleum and for which a release is reported to

IEMA on or after effective date ofrules in accordance with OSFM

regulations. It does not apply to owners or operators ofsites for which the

OSFM does not require a report to IEMA or for which the OSFM has

issued orintends to issue a certificate ofremoval or abandonment pursuant

to Section

57.5

ofthe Act.

1)

For releases reported on or after June 24, 2002, but prior to

effective date of rules, and for owners and operators electing

prior to effective date ofrules to proceed in accordance with

Title XVI ofthe Act as amended by P.A.

92-0554,

the Agency

may deem that one or more requirements ofthis Part have

been satisfied, based upon activities conducted prior to

effective date of rules, even though the activities were not

conducted in strict accordance with the requirements of this

Part. For example, an owner or operator that adequately

defined the extent ofon-site contamination prior to effective

date of rules may be deemed to have satisfied Sections

734.210(h) and 734.315 even though sampling was not

2)

Costs incurred pursuant to a budget approved prior to

effective date of rules shall be reimbursed in accordancewith

the amounts approved in the budget and shall not be subject to

the maximum payment amounts set forth in Subpart H of this

X.

In response to recommendations to reduce a “half-day” from five hours to

fourhours

and

not to limit the number of

half-days

that

can

be worked in one calendar

day, the

Illinois EPA proposes to aniend

the definition of“Half-day” in Sections 732.103

and 734.115 to the following. Altered wording is highlighted in bold lettering.

“Half-day” means four hours, or a fraction thereof, ofbillable work time.

Half-days shall be based upon the total number ofhours worked in one

calendar day. The total number of half-days per calendar day may exceed

two.

2

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X.

To assist the Illinois EPA in the observance and oversight of field

activities, the Illinois EPA proposes the following new Sections 732.112 and 734.145 so

the Illinois EPA can require notification ofwhen and where field activities will be

conducted. The timeframes in the last sentence ofthe Section mirror the timefrámes set

forth in Subpart B of each Part, as amended.

Section 732.112/734.145

Notification ofField Activities

The Agency mayrequire owners and operators to notif~’the Agency of field

activities prior to the date the field activities take place. The notice shall include

information prescribed by the Agency, and may include, but is not be limited to, a

description ofthe field activities to be conducted, the person conducting the

activities, and the date, time, and place the activities will be conducted. The

Agency may, but is not required to, allow notification by telephone, facsimile, or

electronic mail. This Section does not apply to activities conducted within 45

days plus 14 days after initial notification to IEMA ofa release, or to free product

removal activities conducted within 45 daysplus 14 days after the confirmation of

the presence offree product.

X.

In response to concerns regarding the Illinois EPA’s administration ofthe

LUST program, the Illinois EPA proposes the following new Sections 732.114 and

734.145.

Section 732.114/734.145

LUST Advisory Committee

Once each calendar quarterthe Agency shall meet with a LUST Advisory

Committee to discuss the Agency’s implementation ofthis Part, provided that the

Agency or members ofthe Committee raise one or more issues for discussion.

The LUST Advisory Committee shall consist of the following individuals: one

member designated by the illinois Petroleum Marketers Association, one member

designated by the Illinois Petroleum Council, one member designated by the

American Consulting Engineers Council ofIllinois, one member designated by

the Illinois Society ofProfessional Engineers, one member designated by the

Illinois Chapter ofthe American Institute ofProfessional Geologists, one member

designated by the Professionals ofIllinois for the Protection ofthe Environment,

one member designated by the Illinois Association ofEnvironmental

Laboratories, one member designated by the Illinois Environmental Regulatory

Group, one member designated by the Office ofthe State Fire Marshal, and one

3

---

member designated by the Illinois Department ofTransportation. Members of the

LUST Advisory Committee shall serve without compensation.

X.

In response to concerns over whether the language of the Professional

Engineer/Professional Geologist certification would require Professional Engineers to

certify to geology practices or Professional Geologists to certify to engineering practices,

the Illinois EPA proposes to amend the certification language ofSections 732.110(d) and

734.135(d) to the following to clarify that a professional is required to certify only to the

standards and practices ofhis or her own profession. Altered wording is highlighted in

bold lettering.

I certify under penalty oflaw that all activities that are the subject ofthis plan,

budget, or report were conducted under my supervision orwere conducted under

the supervision of another Licensed Professional Engineer or Licensed

Professional Geologist and reviewed by me; that this plan, budget, or report and

all attachments were prepared under my supervision; that, to the best ofmy

knowledge and belief, the work described in the plan, budget, or report has been

completed in accordance with the Environmental Protection Act 415 ILCS 5, 35

Ill. Adm. Code 734,

and generally

accepted standards and practices of my

profession; and that the information

presented is accurate and complete. I am

aware there

are

significant penalties for submitting false statements or

representations to the Agency, including but not limited to fmes, imprisonment, or

both as provided in Sections 44

and

57.17 ofthe Environmental Protection Act

415 ILCS 5/44

and

57.17.

X.

In response to concerns about possible situations that would prohibit early

action sample collection in the locations specified in Sections 732.202(h)(1) and (2), and

Sections 734.2 10(h)(1) and (2), the Illinois EPA proposes to amend the Sections to the

following. Altered wording is highlighted in bold lettering. Please note that additional

changes to subsections of Sections 732.202(h)(1) and 734.210(h)(2) are proposed in the

Illinois EPA’s First and Second Errata Sheets.

4

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Section 732.202(h)(l):

1)

At a minimum, for each UST that is removed, the owner or

operator shall collect and analyze soil samples as follows. The

Agency may allow an alternate location for, or excuse the

collection of, one or more samples if sample collection in the

following locations is made impracticable by site-specific

Section 732.202(h)(2):

2)

At a minimum,

for each UST that remains in place, the owner or

operator shall collect and analyze soil

samples

as follows. The

Agency may allow an alternate location for, or excuse the

drilling of, one or more borings if drilling in the following

1)

At a minimum, for each UST that is removed, the owner or

operator shall collect

and

analyze soil samples as follows. The

Agency may allow an alternate location for, or excuse the

collection of, one or more samples if sample collection in the

following locations is made impracticable by site-specific

2)

At a minimum, for each UST that remains in place, the owneror

operator shall collect and analyze soil

samples

as follows. The

Agency may allow an alternate location for, or excuse the

drilling of, one or more borings if drilling in the following

X.

In response to comments regarding the removal offree product, the

Illinois EPA proposes to amend Sections 732.203(a) and 734.2

15(a)

to the following to

retain the phrase

“to the maximum extent practicable,” although in a different location for

ease

ofreading. The following language also includes the changes to Sections

732.203(a) and 734.2

15(a)

proposed in the Illinois EPA’s Second Errata Sheet. Altered

wording is highlighted in bold lettering.

5

---

Section 732.203(a):

a)

Under any circumstance in which conditions at a site indicate the

presence of free product, owners or operators shall remove, to the

maximum extent practicable, free product exceeding one-eighth

ofan inch in depth as measured in a groundwater monitoring

well, or present as a sheen on groundwater in the tank removal

excavation or on surface water, to the maximum extent practicable

while initiating or continuing any actions required pursuant to this

Part orother applicable laws or regulations. In meeting the

requirements ofthis Section, owners or operators shall:

Section 734.215(a):

a)

Under any circumstance in which conditions at a site indicate the

presence offree product, owners or operators shall remove, to the

maximum extent practicable, free product exceeding one-eighth

ofan inch in depth as measured in a groundwater monitoring

well, or present as a sheen on groundwater in the tank removal

excavation or on surface water, while initiating or continuing any

actions required pursuant to this Part or other applicable laws or

regulations. In meeting the requirements ofthis Section, owners or

operators shall:

X.

As a part ofthe proposed changes to water supply well survey provisions

(see below), the Agency proposes to~aniendSection 732.300(b)(1)(A)(i) to the following.

Altered wording is highlighted in bold lettering.

One

or more maps, to an appropriate scale, showing the following:

The locationofthe community water supply wells and other potable water

supply wells identified pursuant to subsection (b)(3) ofthis Section, and

the setback zone for each well;

The location and extent ofregulated recharge areas and wellhead

protection areas identified pursuant to subsection (b)(3) ofthis Section;

The current extent of groundwater contamination exceeding the Tier 1

groundwater ingestion exposure route remediation objectives of35 Iii.

Adm. Code 742 for the applicable indicator contaminants; and

The modeled extent of groundwater contamination exceeding the Tier 1

groundwater ingestion exposure route remediation objectives of 35 III.

Adm. Code 742 for the applicable indicator contaminants.

6

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X.

To allow well survey information ofthe Illinois State Geological Survey,

the Illinois State Water Survey, and the Illinois Department ofPublic Health to be

obtained from sources other than those offices directly, and to narrow the focus of the

water supply well surveys, the Agency proposes to amend Section 732.300(b)(3) to the

following. The same changes are being proposed to well survey language throughout the

rules. Altered wording is highlighted in bold lettering.

3)

As part ofthe remediation conducted under subsection (b) ofthis Section,

owners and operators shall conduct a water supply well survey in

accordance with this subsection (b)(3).

A)

At a minimum, the owner or operator shall identify all potable

water supply wells located at the site orwithin 200 feet ofthe site,

all community water supply wells located at the site or within

2,500 feet ofthe site, and all regulated recharge areas and welihead

protection areas in which the site is located. Actions taken to

identify the wells shall include, but not be limited to, the

following:

i)

Contacting the Agency’s Division ofPublic Water Supplies

to identify community water supply wells, regulated

recharge areas, and wellhead protection areas;

ii)

Using current information from the Illinois State

Geological Survey, the Illinois State Water Survey, and the

Illinois Department ofPubliô Health (or the county or local

health department delegated by the Illinois Department of

Public Health to permit potable water supply wells) to

identify potable water supply wells other than community

water supply wells: and

iii)

Contacting the local public water supply entities to identify

properties that receive potable water from a public water

supply.

B)

In addition to the potable water supply wells identified pursuant to

subsection (b)(3)(A) ofthis Section, the owner or operator shall

extend the water supply well survey if soil or groundwater

contamination exceeding the Tier 1 groundwater ingestion

exposure route remediation objectives of 35 III. Adm. Code 742

7

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for the applicable indicator contaminants extends beyond the site’s

pi~opertyboundary, or, as part ofremediation, the owner or

operator leaves in place soil or groundwater contamination

exceeding the Tier 1 groundwater ingestion exposure route

remediation objectives of35

Ill.

Adm. Code 742 for the

applicable indicator contaminants and contamination exceeding

such objectives is modeled to migrate beyond the site’s property

boundary. At a minimum, the extended water supply well survey

shall identify the following:

i)

All potable water supply wells located within 200 feet, and

all communitywater supply wells located within 2,500 feet,

ofthe current or modeled extent ofsoil or groundwater

contamination exceeding the Tier 1 groundwater

ingestion exposure route remediation objectives of35

Ill. Adm. Code 742 forthe applicable indicator

contaminants; and

ii)

All regulated recharge areas and welihead protection areas

in which the current or modeled extent ofsoil or

groundwatercontamination exceeding the Tier 1

groundwater ingestion exposure route remediation

objectives of35 III. Adm. Code 742 forthe applicable

indicator contaminants is located.

C)

The Agency may require additional investigation ofpotable water

supply wells, regulated recharge areas, or welihead protection

areas if site-specific circumstances warrant. Such circumstances

shall include, but not be limited to, the existence ofone or more

parcels ofproperty within 200 feet ofthe current ormodeled extent

ofsoil or groundwater contamination exceeding the Tier 1

groundwater ingestion exposure route remediation objectives

of 35 III.

Adm. Code

742 for the applicable indicator contaminants

where potable water is likely to be used, but that is not served by a

public water supply ora well identified pursuant to subsections

(b)(3)(A) or (b)(3)(b) ofthis Section. The additional investigation

may include, but shall not be limited to, physical well surveys

(e.g., interviewing property owners, investigating individual

properties forwellheads, distributing door hangers or other

material that requests information about the existence ofpotable

wells on the property, etc.).

8

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X.

As a part ofthe proposed changes to water supply well survey provisions,

the Agency proposes to amend Sections 732.306(b)(4) and

(5)

to the following. Altered

wording is highlighted in bold lettering.

4)

Groundwater contamination does not exceed Tier I 2rOUfldvater

ingestion exposure route remediation objectives-of 35 Ill. Adm. Code

742 for the applicable indicator contaminants as a result of the release,

modeling in accordance with 35 Ill. Adm. Code 742 shows that

groundwater contamination will not exceed such Tier 1 remediation

objectives as a result ofthe release, and no potable water supply wells are

impacted as a result ofthe release; and

5)

Soil contamination exceeding the Tier 1 groundwater ingestion

exposure route remediation objectives of35 Ill. Adm. Code 742 for the

applicable indicator contaminants does not extend beyond the site’s

property boundary and is not located within a regulated recharge area, a

welihead protection area, or the setback zone ofa potable water supply

well. Documentation to demonstrate that this subsection (b)(5) is satisfied

shall include, but not be limited to, the results ofa water supply well

survey conducted in accordance with Section 732.307(f) ofthis Part.

X.

As a part ofthe proposed changes to water supply, well surveyprovisions,

the Agency proposes to amend Section 732.307(0(2) to the following. Altered wording

is highlighted in bold lettering.

2)

Using current information

from the Illinois

State Geological Survey, the

Illinois State Water Survey, and the Illinois Department ofPublic Health

(or the county or local health department delegatedby the Illinois

Department ofPublic Health to permit potable water supply wells) to

identify potable water supply wells other than communitywater supply

wells: and

X.

As a part ofthe proposed changes to water supply well survey provisions,

the Agency proposes to amend Sections 732.309(a)(l)(C) and (D) to the following.

Altered wording is highlighted in bold lettering.

C)

The current extent of groundwater contamination exceeding the Tier 1

groundwater ingestion exposure route remediation objectives of35 Ill.

Adm. Code 742 for the applicable indicator contaminants:

and

9

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D)

The modeled extent ofgroundwater contamination exceeding the Tier 1

groundwater ingestion exposure route remediation objectives of 35 III.

Adm. Code 742

for the applicable indicator contaminants. The

information required under this subsection

(D) is not

required to be shown

in the site classification completion report if modeling is not performed as

part of site investigation

X.

In response to concerns about the prescriptive nature ofPart 734’s Stage 1

site investigation, the Illinois EPA proposes to amend Section 734.315(a) to the

following. The following language replaces all changes to Section 734.315(a) proposed

in the Illinois EPA’s First and Second Errata Sheets. Altered wording is highlighted in

bold lettering.

a)

The Stage 1 site investigation shall consist ofthe following:

1)

Soil investigation.

-

A)

Up to fourborings shall be drilled around each

independent UST field where one or more UST

excavation samples collected pursuant to 734.210(h),

excluding backfill samples, exceed the most stringent

Tier 1 remediation objectives of 35 Ill. Adm. Code 742

for the applicable indicator contaminants. One

additional boring shall be drilled as close as practicable

to each UST field if a groundwater investigation

is not

required under subsection (a)(2) ofthis Section. The

borings shall be advanced through the entire vertical

extent of contamination, based upon field observations

and field screening for organic vapors, provided that

borings shall be drilled below the groundwater table

only

if site- specific conditions warrant.

B)

Up to

two

borings shall be drilled around each UST

piping run where one or more piping run samples

collected pursuant to 734.210(h) exceed the most

stringent Tier 1 remediation objectives of35 IlL Adm.

Code 742 for the applicable indicator contaminants.

One additional boring shall be drilled a close as

practicable to each UST piping run if a groundwater

investigation is not required under subsection (a)(2) of

this Section. The borings shall be advanced through the

10

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entire vertical extent of contamination, based upon field

observations and field screening for organic vapors,

provided that borings shall be drilled below the

groundwater table only if site-specific conditions

warrant.

C)

One soil sample shall be collected from each five-foot

interval of each boring drilled pursuant to subsections

(a)(l)(A)

and (B)

ofthis Section. Each sample shall be

collected

from

the location within the five-foot interval that

is the most contaminated as a result of the release. Ifan

area ofcontamination cannot be identified within a five-

foot interval, the sample shall be collected from the center

of the five-foot interval. All samples shall be analyzed for

the applicable indicator contaminants.

2)

Groundwater investigation.

A)

A groundwater investigation is required under the

following circumstances:

-

i)

There is evidence that groundwater wells have been

impacted by the release above the most stringent

Tier 1 remediation objectives of 35 III. Adm. Code

742 for the applicable indicator contaminants;

ii)

Free product that may impact groundwater is found

to need recovery in compliance with Section

734.2 15 ofthis Part; or

iii)

There is evidence that contaminated soils may be or

may have been in contact with groundwater, except

that, if the owner oroperatorpumps the excavation

or tank cavity dry, properly disposes of all

contaminated water, and demonstrates to the

Agency that no recharge is evident during the 24

hours following pumping, the owner or operator

does not have to complete a groundwater

investigation, unless the Agency’s review reveals

that further groundwater investigation is necessary.

B)

If a groundwater investigation is required, the owner or

operator shall install five groundwater monitoring wells.

One monitoring well shall be installed in the locatiOn where

groundwater contamination is most likely to be present.

The four remaining wells shall be installed at the property

11

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boundary line or 200 feet from the UST system, whichever

is less, in opposite directions from each other. The wells

shall be installed in locations where they are most likely to

detect groundwater contamination resulting from the

release and provide information regarding the groundwater

gradient and direction offlow.

C)

One soil sample shall be collected from each five-foot

interval of each monitoring well installation boring

drilled pursuant to subsection (a)(2)(B) of this Section.

Each sample shall be collected from the location within

the five-foot interval that is the most contaminated as a

result ofthe release. If an area of contamination cannot

be identified within a five-foot interval, the sample shall

be collected from the center ofthe five-foot interval. All

soil samples exhibiting signs of contamination shall be

analyzed for the applicable indicator contaminants. For

borings that do not exhibit any signs of soil

contamination, samples from the following intervals

shall be analyzed for the applicable indicator

contaminants, provided that the samples shall not be

analyzed if other soil sampling conducted to date

indicates that soil contamination does not extend to the

i)

The five-foot intervals intersecting the elevations

of

soil samples collected

pursuant to

Section

734.210(h), excluding backfill samples, that

exceed the most stringent Tier 1 remediation

objectives of35 Ill. Adth. Code 742 for the

applicable indicator contaminants.

ii)

The five-foot interval immediately above each five-

foot interval identified in subsection (a)(2)(C)(i) of

this Section; and

iii)

The five-foot interval immediately below each five-

foot interval identified in subsection (a)(2)(C)(i) of

this Section.

D)

Following the installation ofthe groundwater

monitoring

wells, groundwater samples shall be collected from each

well and analyzed for the applicable indicator

contaminants.

12

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E)

As a part of the groundwater investigation an in-situ

hydraulic conductivity test shall be performed in the

first fully saturated layer below the water table. If

multiple water bearing units are encountered, an in-situ

hydraulic conductivity test shall be performed on each

i)

shall be constructed in a manner that ensures the

ii)

saturated zone.

3)

An initial water supply well

survey

734.445(a) ofthis Part.

X.

As a part ofthe proposed

changes to water supply well survey provisions,

the Agency

proposes to amend Sections 732.404(e)(1) and (2) to the following. Altered

wording is highlighted in bold lettering.

1)

In addition to the potable water supply wells identified pursuant to Section

732.307(f) of

this Part, the owneror operator shall extend the water supply

well

survey if

soil or groundwater contamination exceeding the Tier 1

groundwater ingestion exposure route remediation objectives of35 Iii.

Adm. Code 742 for the applicable indicator contaminants extends beyond.

the site’s property boundary, or, as

part

ofa corrective action plan. the

owner or operator proposes to leave in place soil or groundwater

contamination exceeding the Tier 1 groundwater ingestion exposure

route remediation objectives of35 III. Adm. Code 742 for the

applicable indicator contaminants

and

contamination exceeding such

objectives is modeled to migrate beyond the site’s property boundary. At

a minimum,

the extended water supply well survey shall identify the

following:

A)

All potable water supply wells located within 200 feet,

and

all

community water supply wells located within 2,500 feet, ofthe

current or modeled extent of soil or groundwater contamination

exceeding the Tier 1 groundwater ingestion exposure route

remediation objectives of35 Iii. Adm. Code 742 for the

applicable indicator contaminants;

and

13

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B)

All regulated recharge areas and wellhead protection areas in

which the current ormodeled extent ofsoil or groundwater

contamination exceeding the Tier I groundwater ingestion

exposure route remediation objectives of 35 Ill. Adm. Code 742

for the applicable indicator contaminants is located.

2)

The Agency may require additional investigation ofpotable water supply

wells, regulated recharge areas, or wellhead protection areas if site-

specific circumstances warrant. Such circumstances shall include, but not

be limited to, the existence ofone or more parcels ofproperty within 200

feet ofthe current ormodeled extent of soil or groundwater contamination

exceeding the Tier 1 groundwater ingestion exposure route

remediation objectives of 35 III. Adm. Code 742 for the applicable

indicator contaminants where potable water is likely to be used, but that is

not served by a public water supply or a well identified pursuant to

Section 732.307(0(1) ofthis Part or subsection (e)(1) ofthis Section. The

additional investigation may include, but shall not be limited to, physical

well surveys (e.g., interviewing property owners, investigating individual

properties for weliheads, distributing door hangers or other material that

requests information about the existence ofpotable wells on the property,

etc.).

X.

As

a part ofthe proposed changes to water supply well survey provisions,

the Agency proposes to amend Sections 732.406(b)(4) and

(5)

to the following. Altered

wording is highlighted in bold lettering.

4)

Groundwater contamination does not exceed the Tier 1 groundwater

ingestion exposure route remediation objectives of35 III. Adm. Code

742 for the applicable indicator contaminants as a result ofthe release,

modeling in accordance with 35 Ill. Adm. Code 742 shows that

groundwater contamination will not exceed such Tier.1 remediation

objectives as a result ofthe release, and no potable water supply wells are

impacted as a result ofthe release; and

5)

Soil contamination exceeding the Tier I groundwater ingestion

exposure route remediation objectives of 35

Ill.

Adm. Code 742 forthe

applicable indicator contaminants does not extend beyond the site’s

property boundary and is not located within a regulated recharge area, a

welihead protection area, orthe setback zone ofa potable water supply

well. Documentation to demonstrate that this subsection (b)(5) is satisfied

shall include, but not be limited to, the results ofa water supply well

survey conducted in accordance with Section 732.307(f) ofthis Part

14

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X.

In response to questions about the number of alternative technologies that

must be compared in a budget when an alternative technology is proposed, the Illinois

EPA proposes to amend Sections 732.407(b) and 734.340(b) to the following. Added

wording is highlighted in bold lettering.

Section 732.407(b):

b)

An owner or operator intending to seek payment or reimbursement

for costs associated with the use ofan alternative technology shall

submit a corresponding budget plan in accordance with Section

732.405 ofthis Part. In addition to the requirements forcorrective

action budget plans at Section 732.404 ofthis Part, the budget plan

must demonstrate that the cost ofthe alternative technology will

not exceed the cost ofconventional technology and is not

substantially higher than other available alternative technologies.

The budget plan shall compare the costs of at least

two

other

available alternative technologies to the costs of the proposed

alternative technology.

-

Section 734.407(b):

b)

An owner or operator intending to seek payment for costs

associated with the use of an alternative technology shall submit a

corresponding budget in accordance with Section 734.335 ofthis

Part. In addition to the requirements for a corrective action budget

at Section 734.335 ofthis Part, the budget must demonstrate that

the cost ofthe alternative technology will not exceed the cost of

conventional technology and is not substantially higher than other

available alternative technologies.

The budget plan shall

compare the costs of at least

two

other available alternative

technologies to the costs ofthe proposed alternative

technology.

X.

As a part ofthe proposed changes to water supply well survey provisions,

the Agency proposes to amend Sections 732.409(a)(2)(A)(iii) and (iv) to the following.

Altered wording is highlighted in bold lettering.

.

iii)

The current extent ofgroundwater contamination exceeding the Tier 1

groundwater ingestion exposure route remediation objectives of35 Ill.

Adm. Code 742 for the applicable indicator contaminants;

and

15

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iv)

The modeled extent of groundwater contamination exceeding the Tier 1

groundwater ingestion exposure route remediation objectives of

35 Ill.

Adm. Code 742 for the applicable indicator contaminants.

X.

As a part ofthe proposed

changes to water supply well survey provisions,

the Agency proposes to amend Section 734.445 to the following. Altered wording is

highlighted in bold.lettering.

Section 734.445

Water Supply Well Survey

a)

At a minimum, the owner or operator shall conduct a water supply

well survey to identify all potable water supply wells located at the

site or within 200 feet ofthe site, all community water supply

wells located at the site or within 2,500 feet ofthe site, and all

regulated recharge areas and welihead. protection areas in which

the site is located. Actions taken to identif~’the wells shall include,

but not be limited to, the following:

1)

Contacting the Agency’s Division ofPublic Water Supplies

to identify community water supply wells, regulated

recharge areas, and wellhead protection areas;

2)

Using

current information from the Illinois State

Geological Survey, the Illinois State Water Survey, and the

Illinois Department ofPublic Health (orthe county or local

health department delegated by the Illinois Department of

-

Public Health to pennit potable water supply wells) to

identify potable water supply wells other than community

water supply wells; and

3)

Contacting the local public water supply entities to identify

properties that receive potable water from a public water

supply.

b)

In addition to the potable water supply wells identified pursuant to

subsection (a) ofthis Section, the owneror operator shall extend

the water supply well surveyif soil or groundwater contamination

exceeding the Tier I groundwater ingestion exposure route

remediation objectives of35 III. Adm. Code742 for the

applicable indicator contaminants extends beyond the site’s

property boundary, or, as part of a corrective action plan, the

owner or operator proposes to leave in place soil or grounth~iater

contamination exceeding the

Tier 1 groundwater ingestion

exposure route remediation objectives of 35 Ill. Adm. Code 742

16

---

for the applicable indicator contaminants and contamination

exceeding such objectives is modeled to migrate beyond the site’s

property boundary. At a minimum, the extended water supply well

survey shall identify the following:

1)

All potable water supply wells located within 200 feet, and

all community water supply wells located within 2,500 feet,

ofthe current or modeled extent ofsoil or groundwater

contamination

exceeding the

Tier 1 groundwater

ingestion exposure route remediation objectives of 35

Ill. Adm.

Code 742 for the applicable indicator

contaminants; and

2)

All regulated recharge areas and wellhead protection areas

in which the current or modeled extent ofsoil or

groundwater contamination exceeding the Tier 1

groundwater ingestion exposure route remediation

objectives of35 Iii. Adm. Code 742 for the applicable

indicator contaminants is located.

c)

The Agency may reqtiire additional investigation ofpotable water

supply wells, regulated recharge areas, or wellhead protection

areas if site-specific circumstances warrant. Such circumstances

shall include, but not be limited to, the existence ofone or more

parcels ofproperty within 200 feet ofthe current ormodeled extent

ofsoil orgroundwater contamination exceeding the Tier

1

groundwater ingestion exposure route remediation objectives

of 35 Ill. Adm. Code

742 for the applicable indicator contaminants

-

where potable water is likely to be used, but that is not served by a

public water supply or a well identified pursuant to subsections (a)

or (b) ofthis Section. The additional investigation may include,

but shall not be limited to, physical well surveys (e.g., interviewing

property owners, investigating individual properties for wellheads,

distributing door hangers or other material that requests

information about the existence ofpotable wells on the property,

etc.).

d)

Documentation ofthe water supply well surveyconducted

pursuant to this Section shall include, but not be limited to, the

following:

-

1)

One or more maps, to an appropriate scale, showing the

following:

A)

The location ofthe community water supply wells

and other potable water supply wells identified

17

---

pursuant to this Section, and the setback zone for

each well;

B)

The location and extent ofregulated recharge areas

and wellhead protection areas identified pursuant to

this Section;

C)

The current extent of groundwater contamination

exceeding the Tier I groundwater ingestion

exposure route remediation objectives of 35 Iii.

Adm. Code 742 for the applicable indicator

contaminants; and

D)

The modeled extent ofgroundwater contamination

exceeding the Tier 1 groundwater ingestion

exposure route remediation objectives of 35 III.

Adm. Code 742 for the applicable indicator

contaminants. The information required under this

subsection (D) is not required to be shown in a site

investigation report if modeling is not performed as

part ofsite investigation;

2)

One ormore tables listing the setback zones for each

community watersupply well and other potable water

supply wells identified pursuant to this Section;

3)

A narrative that, at a minimum, identifies each entity

contacted to identify potable water supply wells pursuant to

this Section, the name and title ofeach person contacted at

each entity, and field observations associated with the

identification ofpotable water supply wells; and

4)

A certification from a Licensed Professional Engineer or

Licensed Professional Geologist that the water supply well

survey was conducted in accordance with the requirements

ofthis Section and that the documentation submitted

pursuant to subsection (d) ofthis Section includes the

information obtained as a result ofthe survey.

X.

As a part of the proposed changes to water supply well surveyprovisions,

the Agency proposes to amend Sections 734.450(b)(4) and

(5)

to the following. Altered

wording is highlighted in bold lettering.

18

---

4)

Groundwater contamination does not exceed the

Tier 1 groundwater

ingestion exposure route remediation objectives of35 III. Adm. Code

742 for the applicable indicator contaminants as a result of the release,

modeling in accordance with 35 Ill. Adm. Code 742 shows that

groundwater contamination will not exceed such Tier I remediation

objectives as a result of the release, and no potable water supply wells are

impacted as a result ofthe release; and

5)

Soil contamination exceeding the Tier 1 groundwater ingestion

exposure route remediation objectives of35 Iii. Adm. Code 742 for the

applicable indicator contaminants does not extend beyond the site’s

property boundary and is not located within a regulated recharge area, a

wellhead protection area, orthe setback zone of a potable water supply

well. Documentation to demonstrate that this subsection

(b)(5)

is satisfied

shall include, but not be limited to, the results of a water supply well

survey conducted in accordance with Section 734.445 ofthis Part.

X.

In conjunction with the proposed new Sections 732.606(ggg) and (hhh),

and new Sections 734.630(ddd) and (eee) (see below), the Illinois EPA proposes to

amend Sections 732.408 and 734.4 10 as follows. Added wording is highlighted in bold

lettering.

Section 732.408

Remediation Objectives

For sites requiring High Priority corrective action or for which the owner or

operator-has elected to conduct corrective action pursuant to Section 732.300(b),

732.400(b) or 732.400(c) ofthis Part, the owner or operator shall propose

remediation objectives for applicable indicator contaminants in accordancewith

35 Ill. Adm. Code 742. Owners and operators seeking payment from the.

Fund that perform on-site corrective action in accordance with Tier 2

remediation objectives of 35 III. Adm. Code 742 shall determinethe following

Hydraulic conductivity (K)

Soil bulk density (p~

Soil particle density (p~

Moisture content (w)

Organic carbon content (f~)

Board Note: Costs associated with the following are ineligible for payment

from the Fund: (1) on-site corrective action to achieve remediation objectives

that are more stringent than Tier 2 remediation objectives developed in

accordance with 35 Ill. Adm. Code 742, and (2) costs associated with

19

---

groundwater remediation if a groundwater ordinance already approved by

the Agency for use as an institutional control can be used as an institutional

control for the incident being remediated. See Sections 732.606(ggg) and

(hhh) of this Part.

Section 734.4 10 Remediation Objectives

The owner or operator shall propose remediation objectives for applicable

indicator contaminants in accordance with 35 Ill. Adm. Code 742. Owners and

operators seeking payment from the Fund that perform on-site corrective

action in accordance with Tier 2 remediation objectives of35 III. Adm. Code

Hydraulic conductivity (K)

Soil bulk density

(Pb)

Soil particle density (p,)

Moisture content (w)

Organic carbon content (f0~)

Board Note: Costs associated with the following are ineligible for payment

from the Fund: (1) on-site corrective action to achieve remediatiOn objectives

that are more stringent than Tier 2 remediation objectives developed in

accordance with 35

Iii. Adm. Code

742, and (2) costs associated with

groundwater remediation if a groundwater ordinance already approved by

the Agency for use as an institutional control can

be used as an institutional

control for the incident being remediated. See Sections 734.630(ddd) and

(eee) of this Part.

X.

Inresponse to objections over requiring the submission oflaboratory

certifications in applications for payment, the Illinois EPA proposes to delete proposed

Sections 732.601(b)(1 1) and

734.605(b)(1 1).

X.

The Illinois EPA proposes to delete Sections 732.606(ccc) and

734.630(yy) as a result ofconcern expressed over the effect ofthe Sections. The Illinois

EPA’s concern is that the costs associated with sampling and sample analysis be paid

only one time in cases where re-sampling or re-analysis is necessary due to improper

sample collection, transportation, or analysis. This concern is already addressed by

existing Sections 732.606(q) and 734.630(q).

20

---

X.

In response to concerns about the payment ofroutine maintenance costs

necessary for the operation ofequipment leased for long terms, the Illinois EPA proposes

to amend Sections 732.606(eee) and 734.630(bbb) to the following. Altered wording is

highlighted in bold lettering.

732.606(eee~):

eee)

Costs associated with the maintenance, repair, or replacement of

leased or subcontracted equipment, other than costs associated

with routine maintenance that are approved in a budget plan.

734.630(bbb):

bbb) Costs associated with the maintenance, repair, or replacement of

leased or subcontracted equipment,

other than costs associated

X.

The Agencyproposes to add the following Sections 732.606(ggg) and

(hhh), and Sections 734.630(ddd) and (eee), to the list of ineligible costs to help ensure

that owners and operators seeking payment from the UST Fund utilize the Tiered

Approach to Corrective Action Objectives rules of35 Ill. Adm. Code 742 (“TACO”) in

the most cost-effective manner.

Section 732.606(ggg) and (hhh):

(ggg)

Costs associated with on-site corrective action to achieve

remediation objectives that are more stringent than the Tier 2

remediation objectives developed in accordance with 35 Ill. Adm.

Code 742.

(hhh) Costs associated with groundwater remediation if a groundwater

ordinance already approved by the Agency for use as an

institutional control in accordance with 35 Ill. Adm. Code 742 can

be used as an institutional control forthe release being remediated.

Section 734.630(ddd) and (eee):

(ddd) Costs associated with on-site corrective action to achieve

remediation objectives that are more stringent than the Tier 2

21

---

remediation objectives developed in accordance with 35 Ill. Adm.

Code 742.

(eee) Costs associated with groundwater remediation if a groundwater

ordinance already approved by the Agency for use as an

institutional control in accordance with 35 Ill. Adm. Code 742 can

be used as an institutional control for the release being remediated.

X.

In response to concerns over the extent ofreviews conducted pursuant to

Sections 732.614 and 734.665, the Illinois EPA proposes to amend Sections 732.614 and

734.665 to the following by deleting the prefatory statutory language repeated from

Section

57.15

ofthe Act. The following language includes changes to the Section

proposed in the Illinois EPA’s Second Errata Sheet.

Section 732.614/734.665

Audits and Access to Records; Records Retention

a)

Owners or operators that submit a report, plan, budget,

application for payment, or other data or documents under this

Part, and Licensed Professional Engineers and Licensed

Professional Geologists that certify such report, plan, budget,

application for payment, data, or

document, shall maintain all

books, records, documents, and other evidence directly pertinent to

the report, plan, budget, application for payment, data, or

document,iJudinghutno.tJimited~to~a.fff1nanciai—inform.at-iGn----—

and data used in the preparation or support ofapplications for

payment. All books, records, documents, and other evidence shall

be maintained in accordance with accepted business practices and

appropriate accounting procedures and practices.

b)

The Agency or any ofits duly authorized representatives shall have

access to the books, records, documents, and other evidence set

forth in subsection (a) of this Section during normal business hours

for the purpose ofinspection, audit, and copying. Owners,

operators, Licensed Professional Engineers, and Licensed

Professional Geologists shall provide proper facilities for such

access and inspection.

c)

Owners, operators, Licensed Professional Engineers, and Licensed

Professional Geologists shall maintain the books, records,

documents, and other evidence set forth in subsection (a) ofthis

Section and make them available to the Agency or its authorized

representative until the latest of the following:

22

---

1)

The expiration of4 years after the date the Agency issues a

No Further Remediation Letter issued pursuant to Subpart

G ofthis Part;

2)

For books, records, documents, or other evidence relating

to an appeal, litigation, or other dispute or claim, the

expiration of 3 years after the date ofthe final disposition

ofthe appeal, litigation, or other dispute orclaim; or

3)

The expiration ofany other applicable record retention

period.

X.

In response to comments set forth in “CW3M Company, Inc.’s Prefiled

Testimony and General Comments,” the Illinois EPA proposes to amend Sections

732.8

15(b)

and 734.8

15(b)

to the following by adding a missing reference to groundwater

removal systems. Added wording is highlighted in bold lettering.

-

Section 732.8

15(b):

b)

Payment for costs associated with the removal of free product or

groundwater via a method other than hand bailing or vacuum truck

shall be determined on a time and materials basis and shall not

exceed the amounts set forth in Section 732.850 ofthis Part. Such

costs shall include, but not be limited to, those associated with the

-

design, construction, installation, operatiori, maintenance, and

closure offree product and

groundwater removal systems.

Section 734.8

15(b):

-

b)

Payment for costs associated with the removal offree product or

groundwater via a method other than hand bailing or vacuum truck

shall be determined on a time and materials basis and shall not

exceed the amounts set forth in Section 734.850 ofthis Part. Such

costs shall include, but not be limited to, those associated with the

design, construction, installation, operation, maintenance, and

closure offree product and groundwater removal systems.

X.

The Illinois EPA proposes to amend Sections 732.845 and 734.845,

Professional Consulting Services, as follows:

23

---

A.

In response to concerns about field work and field oversight costs

associated with tank removals, amend Sections 732.845(a)(2)(A) and

734.845(a)(2)(A) to allow one half-day offield work and field oversight for each

leaking underground storage tank that is removed, up to a total often half-days.

B.

In response to concerns about costs associated with site

investigation at sites classified as high priority under Part 732, amend Section

732.845(d) by adding a new subsections (d)(1)

and (2).

C.

Add new Sections 732.845(d)(3)

and 734.845(b)(7) to address

costs associated with additional well surveys required under 732.404(e)(l) and (2)

and 734.445(b) and (c), respectively.

D.

In response to concerns about including travel costs in the half-day

rate, remove travel costs from the half-dayrate by reducing the half-dayrate to

$390.00 throughout the Section and set forth the maximum amounts allowed for

travel in new Sections 732.845(e) and 734.845(e).

-

In response to concerns about costs associated with plan and

budget amendments that are required as a result ofunforeseen circumstances, add

Sections 732.845(f) and 734.845(f) to address such costs.

F.

Add Sections 732.845(g) and 734.845(g) to address costs

associated with bidding when the owner or operatorpays the subcontractor

directly, and therefore the consultant would not be entitled to handling charges.

The following language includes the proposed changes to Sections 732.845 and

734.845 listed above as well as the changes to 734.845 proposed in the Agency’s First

Errata Sheet. Altered wording is highlighted in bold lettering.

24

---

Section 732.845

Professional Consulting Services

Payment for costs associated with professional consulting services shall not

exceed the amounts set forth in this Section. Such costs shall include, but not be

limited to, those associated with project planning and oversight; field work; field

oversight; travel; per diem; mileage; transportation; vehicle charges; lodging;

meals; and the preparation, review, certification, and submission ofall plans,

budget plans, reports, applications forpayment, and other documentation.

a)

Early Action and Free Product Removal. Payment ofcosts for

professional consulting services associated with early action and

free product removal activities conducted pursuant to Subpart B of

this Part shall not exceed the following amounts:

1)

Payment for costs associated with preparation for the

abandonment or removal ofUSTs shall not exceed a total

of $960.00.

2)

Payment for costs associated with early action field work

and field oversight shall not exceed a total ofS390.O0 per

half-day, plus travel costs

in

accordance with subsection

(e) of

this Section. The number ofhalf-days shall not

exceed the following:

A)

Ifone or more USTs are removed, one half-day for

each leaking UST that is removed, not to exceed

a total often half-days, plus one half-day for each

225 cubic yards, or fraction thereof, ofvisibly

contaminated fill material removed and disposed of

in accordance with Section 732.202(f) ofthis Part;

B)

Ifone or more USTs remain in place, one half-day

for every four soil borings, or fraction thereof,

drilled pursuant to Section 732.202(h)(2) ofthis

Part; and

(“i

One half-day if a UST line release is renaired.

3)

Payment forcosts associated with the preparation and

submission of20-day and 45-day reports, including, but not

limited to, field work not covered by subsection (a)(2) of

this Section, shall not exceed a total of$4,800.00.

4)

Payment for costs associated with the preparation and

submission of free product removal plans and the

installation offree product removal systems shall be

25

---

determined on a time and materials basis and shall not

exceed the amounts set forth in Section 732.850 ofthis

Part.

5)

Payment for costs associated with the field work and field

oversight for free product removal shall not exceed a total

-

of$390.00 per

half-day, plus travel costs in accordance

with subsection (e) ofthis Section. The Agency shall

determine

the reasonable number ofhalf-days on a site-

specific basis.

6)

Payment for costs associated with the preparation and

submission of free product removal reports shall not exceed

a total of$1,600.00 per report.

7)

Payment for costs associated with the preparation and

submission ofreports submitted pursuant to Section

732.202(h)(3) ofthis Part shall not exceed a total of

$500.00.

b)

Site Evaluation and Classification. Payment ofcosts for

professional consulting services associated with site evaluation and

classification activities conducted pursuant to Subpart C ofthis

Part shall not exceed the following amounts:

1)

For site evaluation and classifications conducted pursuant

to Section 732.307 ofthis Part, payment for costs

associated with the preparation and submission ofsite

classification

plans, site classification preparation, field

work, field oversight, and the preparation and submission

ofthe site classification completion report shall not exceed

a total of $9,870.00.

2)

For site evaluation and classifications conducted pursuant

to Section 732.3 12 ofthis Part, payment for costs shall be

determined on a time and materials basis and shall not

exceed the amounts set forth in Section 732.850 ofthis

Part. For owners and operators that elect to proceed in

accordance with 35 Ill. Adm. Code 734, costs incurred after

the notification ofelection shall be payable from the Fund

in accordance with that Part.

c~

Low Priority Corrective Action. Payment ofcosts for professional

consulting services associated with low priority corrective aôtion

activities conducted pursuant to Subpart D ofthis Part shall not

exceed the following amounts:

26

---

1)

Payment for costs associated with the preparation and

submission of low priority groundwater monitoring plans

shall not exceed a total of$3,200.00.

2)

Payment for costs associated with low priority groundwater

monitoringfield work and field oversight shall not exceed a

total of$390.00 per half-day, up to a maximum ofseven

half-days,

subsection (e) of this Section.

3)

Payment for costs associated with the preparation and

submission ofthe first year groundwater monitoring report

shall not exceed a total of$2,560.00.

4)

Payment for costs associated with the preparation and

submission ofthe second year groundwater monitoring

report shall not exceed a total of

$2,560.00.

5)

Payment for costs associated with the preparation and

submission oflow priority groundwater monitoring

completion report shall not exceed a total of$2,560.00.

d)

High Priority Corrective Action. Payment ofcosts for professional

consulting services associated with high priority corrective action

activities conducted pursuant to Subpart D ofthis Part shall not

exceed the following amounts:

I)

Payment for costs associated with the preparation and

submission ofinvestigation plans for sites classified~

pursuant to Section 732.307 of this Part shall not exceed

the following:

-

A)

site contamination.

B)

A total of $3,200.00 for plans to investigate

off-

2)

Payment for costs associated with field work and field

oversight to define the extent ofcontamination resulting

from the release shall not exceed a total of $390.00 per

half-day, plus travel costs in accordance with subsection

(e) ofthis Section. The number of half-days shall not

exceed the following:

27

---

A)

fraction thereof, drilled as part of the

investigation but not used for the installation of

monitoring wells. Borings in which monitoring

wells are installed shall be included in subsection

(d)(2)(A);

B)

3)

Payment for costs associated with well surveys

conducted pursuant to Section 732.404(e)(1) of this Part

shall not exceed a total of $160.00. Payment for costs

associated with well surveys conducted pursuant to

Section 732.404(e)(2) of this Part shall be determined on

a time and materials basis and shall not exceed the

amounts set forth in Section 732.850 of this Part.

4)

For

conventional technology, payment forcosts associated

with the preparation and submission ofcorrective action

plans shall not exceed a total of$5,120.00. For alternative

technologies, payment for costs shall be determined on a

time and materials basis and shall not exceed the amounts

set forth in Section 732.850 ofthis Part.

5)

Payment for costs associated with high priority corrective

action field work and field oversight shall not exceed the

following amounts:

A)

For conventional technology, a total of$390.00 per

half-day, not to exceed one half-day for each 225

cubic yards, or fraction thereof, of soil removed and

disposed,

plus travel costs in accordance with

subsection (e) ofthis Section.

B)

For alternative technologies, payment for costs shall

be determined on a time and materials basis and

shall not exceed the amounts set forth in Section

732.850 ofthis Part.

6)

Development of Tier2 and Tier 3 Remediation

Objectives. Payment ofcosts for professional consulting

services associated with the development ofTier 2 and

Tier 3 remediation objectives in accordancewith 35 Ill.-

Adm. Code 742 shall not exceed the following amounts:

28

---

A)

field oversight for the development of

remediation objectives shall not exceed a total of

$390.00 per half-day, plus travel costs in

accordance with subsection (e) of this Section.

The number of half-days shall not exceed the

i)

One half-day for every four soil borings,

or fraction thereof, drilled solely for the

purpose ofdeveloping remediation

objectives. Borings in which monitoring

wells are installed shall be included in

subsection (d)(6)(A)(ii) of this Section

instead ofthis subsection (d)(6)(A)(i); and

ii)

B)

Excluding costs set forth in subsection (d)(6)(A)

of this Section, payment for costs associated with

the development ofTier 2 .or Tier 3 remediation

objectives shall not exceed a total of $800.00.

7)

Payment for costs associated with Environmental Land Use

Controls and Highway Authority Agreements used as

institutional controls pursuant to 35 Ill. Adm. Code 742

shall not exceed a total of $800.00 per Environmental Land

Use Control orHighway Authority Agreement.

8)

Payment for costs associated with the preparation and

submission ofhigh priority corrective action completion

reports shall not exceed a total of $5,120.00.

e)

Payment for costs associated with travel, including, but not

limited to, travel time, per diem, mileage, transportation,

vehicle_charges, lodging, and meals, shall not exceed the

following amounts. Costs for travel shall be allowed only when

specified elsewhere in this Part.

Distance to site

Maximum total amount

(land miles)

per calendar day

0 to 29

—

$140.00

29

---

30 to59

$220.00

60 or more

$300.00

Distances shall be measured in ground miles and rounded to

the nearest mile. If a consultant maintains more than one

office, distance to the site shall be measured from the

consultant’s office that is closest to the site.

-

If a plan must be amended due to unforeseen circumstances,

costs associated with the amendment of the plan and its

g)

Costs associated with bidding pursuant to 732.855 of this Part

shall not exceed a total of$160.00 per task bid (e.g., tank

removal, drilling, laboratory analysis ofsamples). For the

purposes ofthis subsection (g), soil excavation, transportation,

and disposal shall be considered three separate tasks. Costs

for bidding shall be allowed under this subsection (g) only

when the person performing the task bid is paid directly by the

owner or operator.

Section 734.845

Professional Consulting Services

Payment forcosts associated with professional consulting services shall not

exceed the amounts set forth in this Section. Such costs shall include, but not be

limited to, those associated with project planning and oversight; field work; field

oversight; travel; per diem; mileage; transportation; vehicle charges; lodging;

meals; and the preparation, review, certification, and submission of all plans,

budgets, reports, applications for payment, and other documentation.

a)

Early Action and Free Product Removal. Payment ofcosts for

professional consulting services associated with early action an4

free product removal activities conducted pursuant to Subpart B of

this Part shall not exceed the following amounts:

1)

Payment for costs associated with preparation forthe

abandonment or removal ofUSTs shall not exceed a total

of $960.00.

2)

Payment for costs associated with early action field work

and field oversight shall not exceed a total of$390.00 per.

half-day, plus travel costs in accordance with subsection

(e) ofthis Section. The number ofhalf-days shall not

exceed the following:

30

---

A)

If one or more USTs are removed, one half-day

each leaking UST that is removed, not to exceed

a total of ten half-days,

plus one half-day for each

225 cubic yards, or fraction thereof, ofvisibly

contaminated fill material removed and disposed of

in accordance with Section 734.210(1)

of this Part;

B)

If one or more USTs remain in place, one half-day

for every four soil borings, or fraction thereof,

drilled pursuant to Section 732.2 l0(h)(2) ofthis

Part; and

C)

One half-day if a UST line release is repaired.

3)

Payment for costs associated with the preparation and

submission of20-day and 45-day reports, including, but not

limited to, field work not covered by subsection (a)(2) of

this Section, shall not exceed a total of$4,800.00.

4)

Payment forcosts associated with the preparation and

submission offree product removal plans andthe

installation offree product removal systems shall be

determined on a time and materials basis and shall not

exceed the amounts set forth in Section 734.850 ofthis

Part.

5)

Payment for costs associated with the field work and field

oversight for free product removal shall not exceed a total

of a total of$390.00 per half-day, plus travel costs in

accordance with subsection (e) of this Section. The

Agency shall determine the reasonable number ofhalf-days

on a site-specific basis.

6)

Payment for costs associated with the preparation and

submission offree product removal reports shall not exceed

a total of$1,600.00 per report.

7)

Payment for costs associated with the preparation and

submission ofreports submitted pursuant to Section

734.2 10(h)(3) ofthis Part shall not exceed a total of

$500.00.

b)

Site Investigation. Payment ofcosts for professional consulting

services associated with site investigation activities conducted

pursuant to Subpart C ofthis Part shall not exceed the following

amounts:

31

---

1)

Payment for costs associated with Stage 1 site investigation

preparation shall not exceed a total of

$1,600.00.

2)

Payment

for costs associated

with Stage

1 field work

and field oversight shall not exceed a total of$390.00

per half-day, plus travel costs in accordance with

subsection (e) of this Section. The number of half-days

A)

One half-day for every four soil borings, or

fraction thereof, drilled as part of the Stage 1 site

investigation but not used for the installation of

monitoring wells. Borings in which monitoring

wells are installed shall be included in subsection

(b)(2)(B)

ofthis Section instead of this subsection

B)

as part of the Stage I site investigation.

3)

Payment forcosts associated with the preparation and

submission ofStage 2 site investigation plans shall not

exceed a total of$3,200.00.

-

4)

Payment for costs associated with Stage 2 field work and

field oversight shall not exceed a

total of $390.00 per half-

day, plus travel costs in accordance with subsection (e)

of this Section. The number ofhalf-days shall not exceed

the following:

A)

Onehalf-day for every four soil borings, or fraction

thereof, drilled as part ofthe Stage 2 site

investigation but not used for the installation of

monitoring wells. Borings in which monitoring

wells are installed shall be included in subsection

(b)(4)(B) ofthis Section instead ofthis subsection

(b)(4)(A);

and

B)

One half-day for each.monitoring well installed as

part ofthe Stage 2 site investigation.

5)

Payment forcosts associated with the preparation and

submission of Stage 3 site investigation plans shall not

exceed a total of$3,200.00.

32

---

6)

Payment for costs associated with Stage 3 fleld work and

field oversight shall not exceed a

total of $390.00

per half-

day,

plus travel costs in accordance with subsection (e)

of this Section.

The number ofhalf-days shall not exceed

the following:

-

A)

Onehalf-day for every four soil borings, or fraction

thereof, drilled as part ofthe Stage 3 site

investigation but not used forthe installation of

monitoring wells. Borings in which monitoring

wells are installed shall be included in subsection

(b)(6)(B) ofthis Section instead ofthis subsection

(b)(6)(A); and

B)

One half-day for each monitoring well installed as

part ofthe Stage 3 site investigation.

7)

Payment for costs associated with well surveys

conducted pursuant to Section 734.445(b) of this Part

shall not exceed a total of$160.00. Payment for costs

associated with well surveys conducted pursuant to

Section 734.445(c) of this Part shall be determined on a

time and materials basis and shall not exceed the

8)

Payment for costs associated with the preparation and

submission ofsite investigation completion reports shall

not exceed a total of$1,600.00.

c)

Corrective Action. Payment of costs forprofessional consulting

services associated with corrective action activities conducted

pursuant to Subpart C ofthis Part shah not exceed the following

amounts:

1)

For conventional technology, payment for costs associated

with the preparation and submission ofcorrective action

plans shall not exceed a total of$5,120.00. For alternative

technologies, payment for costs shall be determined on a

time and materials basis and shall not exceed the amounts

set forth in Section 734.850 ofthis Part.

2)

Payment for costs associated with corrective action field

work and field oversight shall not exceed the following

amounts:

33

---

A)

For conventional technology, a total of $390.00 per

half-day, not to exceed one half-day for each 225

cubic yards, or fraction thereof, of soil removed and

disposed, plus travel costs in accordance

with

subsection (e) ofthis Section.

B)

For alternative technologies, payment for costs shall

be determined on a time and materials basis and

shall not exceed the amounts set forth in Section

734.850 ofthis Part.

3)

Payment for costs associated with Environmental Land Use

Controls and Highway Authority Agreements used as

institutional controls pursuant to 35 Iii. Adm. Code 742

shall not exceed a total of $800.00 per Environmental Land

Use Control or Highway Authority Agreement.

4)

Payment for costs associated with the preparation and

submission ofcorrective action completion reports shall not

exceed a total of$5,120.00.

-

d)

Development ofTier 2 and Tier 3 Remediation Objectives.

Payment ofcosts for professional consulting services associated

with the development ofTier 2 and Tier 3 remediation

objectives in accordance with 35 Ill. Adm. Code 742 shall not

1)

Payment for costs associated with field work and field

oversight for the development of remediation objectives

shall not exceed a total of$390.00 per half-day, plus

travel costs in accordance with subsection (e) of this

Section. The number ofhalf-days shall not exceed the

A)

One half-day for every four soil borings, or

fraction thereof, drilled solely for the purpose of

developing remediation objectives. Borings in

which monitoring wells are installed shall be

included in subsection (d)(1)(B) ofthis Section

B)

One half-day for each monitoring well installed

solely for the purpose ofdeveloping remediatión

objectives.

-

34

---

2)

Section, payment for costs associated with the

development of Tier 2 or Tier 3 remediation objectives

shall not exceed a total of $800.00.

e)

Payment for costs associated with travel, including, but not

limited to, travel time, per diem, mileage, transportation,

vehicle charges, lodging, and meals, shall not exceed the

specified elsewhere in this Part.

Distance to site

Maximum total amount

(land miles)

per calendar day

0to29

$140.00

30 to 59

$220.00

60 or more

-

$300.00

Distances shall be measured in ground miles and rounded to

the nearest mile. If a consultant maintains more than one

office, distance to the site shall be measured from the

1)

If a plan must be amended due to unforeseen circumstances,

costs associated with the amendment of the plan and its

g)

Costs associated with bidding pursuant to 734.855 of this Part

-

shall not exceed a total of $160.00 per task bid (e.g., tank

removal, drilling, laboratory analysis ofsamples). For the

purposes of this subsection (g), soil excavation, transportation,

and disposal shall be considered three separate tasks. Costs for

bidding shall be allowed under this subsection (g) only when

the person performing the task bid is paid directly by the

owner or operator.

X.

In conjunction with re-numbering of Sections 732.855 and 734.855 to

Sections 732.860 and 734.860 (see below), the Illinois EPA proposes to amend Sections

732.850(a) and 734.850(a) to the following. Altered wording is highlighted in bold

lettering.

35

---

Section

732.850(a):

a)

Payment for costs associated with activities that have a maximum

payment amount set forth in other sections ofthis Subpart H (e.g,

sample handling and analysis, drilling, well installation and

abandonment, drum disposal, or consulting fees for plans, field

work, field oversight, and reports) shall not exceed the amounts set

forth in those Sections, unless payment is made pursuant to Section

-

732.860 ofthis Part.

Section 734.850(a):

a)

Payment for costs associated with activities that have a maximum

payment amount set forth in other sections ofthis Subpart H (e.g,

sample handling and analysis, drilling, well installation and

abandonment, drum disposal, or consulting fees for plans, field

work, field oversight, and reports)

shall not exceed the amounts set

forth in those Sections, unless payment is made pursuant to Section

734.860 ofthis

Part.

X.

The Illinois EPA proposes to add the following new Sections 732.855 and

734.855 to allow bidding as an alternative to the maximum payment amounts set forth in

Subpart H.

Section 732.855/734.855

Bidding

As an

alternative to the maximum payment amounts set forth in this Subpart H,

one or more maximum payment amounts may be determined

via bidding in

accordance with.this Section. Each bid shall

cOver all costs included in the

maximum payment amount that the bid is

replacing.

-

a)

A

minimum

of

three

written bids shall be obtained. The bids shall

be based upon the same scope of work

and shall remain valid for a

period oftime that will allow the owner or operator to accept them

upon the Agency’s approval of the associated

budget. Bids shall

be obtained only from

persons qualified and able to perform the

work being

bid. Bids shall not be obtained from persons in which

the owner or

operator, or the owner’s or operator’s primary

consultant, has

a direct or indirect financial

interest.

.

b)

The bids must be summarized on forms prescribed and provided by

the Agency. The bid summary form, along with copies of the bid

requests and the bids obtained, shall be submitted to the Agency in

the associated budget. Ifmore than the minimum three bids are

36

---

obtained, summaries and copies ofall bids shall be submitted to

the Agency.

c)

The maximum payment amount for the work bid shall be the

amount ofthe lowest bid, unless the lowest bid is less than the

maximum payment amount set forth in this Subpart H in which

case the maximum payment amount set forth in this Subpart H

shall be allowed. The owner or operator is not required to use the

-

lowest bidder to perform the work, but instead may use another

person qualified and able to perform the work, including, but not

limited to, a person in which the owner oroperator, or the owner’s

or operator’s primaryconsultant, has a direct or indirect financial

interest. However, regardless ofwho performs the work, the

maximum payment amount will

remain the amount of the lowest

bid.

X.

In conjunction with the

addition ofthe bidding provisions above, the

Illinois EPA proposes to amend current Sections 732.855 and

734.855 to 732.860 and

734.860, with the following changes to the text ofthe Sections. Altered wording is

highlighted in

bold lettering. With this change, Sections 732.860 and 734.860 should be

re-numbered to 732.865 and 734.865, and Sections 732.865 and 734.865 should be re-

numbered to 732.870 and 734.870.

Section 732.860

Unusual or Extraordinary Circumstances

If, as a result of unusual or extraordinary circumstances, an owner or operator

incurs or will incur eligible costs that exceed the

maximum payment

amounts

set forth in this Subpart H, the Agency may determine maximum payment

amounts forthe costs on a site-specific basis. Owners and operators seeking to

have the Agency determine maximum payments amounts pursuant to this

Section shall demonstrate to the Agency that the costs for which they are

seeking a determination are eligible for payment from the Fund, exceed the

maximum payment amounts set forth in this Subpart H, are the result of

unusual or extraordinary circumstances,

are unavoidable, are reasonable, and

are

necessary in order to satisf~’the requirements ofthis

Part. Examples of

unusual or extraordinary circumstances may include, but shall not be limited

to, an inability to obtain a minimum ofthree bids pursuant to Section

732.855 of this Part due to a limited number ofpersons providing the service

needed.

37

---

Section 734.860

Unusual or Extraordinary

Circumstances

If, as a

result of unusual or extraordinary circumstances,

an owner or operator

incurs

or will incur eligible costs that exceed

the

maximum payment amounts

set forth in this Subpart H, the Agency may determine maximum payment

amounts for the costs on a site-specific basis. Owners and operators seeking to

have the Agency determine maximum payments amounts pursuant to this

Section shall demonstrate to the Agency that the costs for which they are

seeking a determination are eligible for payment from the Fund, exceed the

maximum payment amounts set forth in this Subpart

H, are the result of

unusual or extraordinary circumstances, are unavoidable, are reasonable,

and

are

necessary in

order to satisfy the requirements ofthis Part. Examples of

unusual or extraordinary circumstances may include, but

shall not be limited

to, an inability to obtain a minimum of three bids pursuant to Section

734.855

of this Part due to a limited number of persons providing the service

needed.

X. To help ensure that the maximum payment amounts set forth in Subpart H

reflect prevailing market rates, the

Illinois EPA proposes to add Sections

732.875 and

743.875 as follows. This language is the same as originally proposed in Sections 732.865

and 734.865, except that the minimum time between reviews is changed from two years

to three years.

Section 732.875/734.875 Agency Review of Payment

Amounts

No less

than

every three years the Agency shall review the

provisions ofthis

Subpart H. As part

of its review the Agency shall determine

whetherthe amounts

set forth in this Subpart H generally reflect prevailing markçt rates. If, as a result

ofthe review, the Agency determines that the amounts set forth in this Subpart H

no longer generally reflect prevailing market rates, it shall propose appropriate

amendments to the Board.

X.

In response to recommendations set forth in “Testimony ofJarrett Thomas

on Behalf of the Professionals of Illinois

for the Protection ofthe Environment and the

Illinois Association ofEnvironmental Laboratories, Inc.,” the Illinois EPA proposes to

amend Sections 732.APPENDIX D and 734.APPENDIX D to the following by deleting

references to specific methods ofanalyses for the following: BTEX Soil; BTEX Water;

38

---

Polynuclear Aromatics PNA, or PAH SOIL; and Polynuclear Aromatics PNA, or PAH

WATER. “(EPA 8260)” is deleted after the BTEX analyses and “EPA 8270” is deleted

after the Polynuclear Aromatics analyses.

Section 732.APPENDIX D /734.APPENDIX D Sample Handling and Analysis

-

Max. Total Amount

________________________________________________

per Sample

Chemical

BETX Soil with MTBE

$85.00

BETX Water with MTBE

$81.00

COD (Chemical Oxygen Demand)

$30.00

Corrosivity

sis.oo

Flash Point or Ignitability Analysis EPA 1010

$33.00

FOC (Fraction Organic Carbon)

$38.00

Fat, Oil, & Grease (FOG)

$60.00

LUST Pollutants Soil

. -

analysis must include all volatile,

base/neutral, polynuclear aromatic, and metal~parameters

listed in Section 734.AppendixB ofthis Part

-

$693.00

Organic Carbon (ASTM-D 2974-87)

$33.00

Dissolved Oxygen (DO)

$24.00

Paint Filter (Free Liquids)

$14.00

PCB / Pesticides (combination)

.

$222.00

PCBs

$111.00

Pesticides

.

$140.00

PH

-

$14.00

Phenol

$34.00

Polynuclear Aromatics PNA, or

PAH

SOIL

$152.00

Polynuclear Aromatics PNA, or PAH

WATER

$152.00

Reactivity

$68.00

SVOC

-

Soil (Semi-volatile

Organic Compounds)

$313.00

SVOC

-

Water (Semi-volatile Organic Compounds)

$313.00

TKN

(Total Kjeldahl) “nitrogen”

$44.00

TOC (Total Organic Carbon) EPA 9060A

$31.00

TPH (Total Petroleum Hydrocarbons)

$122.00

VOC (Volatile Organic Compound)

-

Soil (Non-Aqueous)

$175.00

VOC (Volatile Organic Compound)

-

Water

$169.00

Geo-Technical

Bulk Density ASTM D4292 / D2937

$22.00.

Ex-Situ Hydraulic Conductivity / Permeability

$255.00

Moisture Content ASTM D2216-90 / D4643-87

$12.00

39

---

Porosity

$30.00

Rock Hydraulic Conductivity Ex-Situ

$350.00

Sieve / Particle Size Analysis ASTM D422-63 / Dl 140-54

$145.00

Soil Classification ASTM D2488-90 / D2487-90

$68.00

Metals

Arsenic TCLP Soil

-

$16.00

Arsenic Total Soil

$16.00

Arsenic Water

$18.00

Barium TCLP Soil

$10.00

Barium Total Soil

$10.00

Barium Water

$12.00

Cadmium TCLP Soil

$16.00

Cadmium Total Soil

.

$16.00

Cadmium Water

$18.00

Chromium TCLP Soil

$10.00

Chromium Total Soil

$10.00

Chromium Water

$12.00

Cyanide TCLP Soil

$28.00

Cyanide Total Soil

-

$34.00

Cyanide Water

$34.00

Iron TCLP Soil

$10.00

Iron Total Soil

$10.00

Iron Water

$12.00

Lead TCLP Soil

.

$16.00

Lead Total Soil

$16.00

Lead Water

$18.00

Mercury TCLP Soil

$19.00

Mercury Total Soil

$10.00

Mercury Water

$26.00

Selenium TCLP Soil

$16.00

Selenium Total Soil

$16.00

Selenium Water

$15.00

Silver TCLP Soil

$10.00

SilverTotal Soil

.

$10.00

Silver Water

$12.00

Metals TCLP Soil (a combination ofall RCRA metals)

$103.00

Metals Total Soil (a combination ofall RCRA metals)

$94.00

Metals Water (a combination of all RCRA metals)

.

$119.00

Soil preparation for Metals TCLP Soil (one fee per sample)

$79.00

Soil preparation for Metals Total Soil (one fee per sample)

$16.00

Water preparation for Metals Water (one fee per sample)

$11.00

40

---

Other

En Core® Sampler, purge-and-trap sampler, or equivalent

sampling device

$10.00

Sample Shipping (*maximum total amount for shipping all

samples collected in a calendar day)

$50.00*

X.

The Illinois EPA proposes to amend Sections 732.APPENDIX E and

734.APPENDIX E

to the following by increasing maximum hourly rates for engineers

and geologists. Altered rates are highlighted in bold lettering.

Section 734.APPENDIX E Personnel Titles and

Rates

Title

,

Degree Required

Ill.

License

Req’d.

Mi Yrs.

Experience

Max.

Hourly

Rate

Engineer I

Engineer II

Engineer III

Professional Engineer

Senior Prof. Engineer

Bachelor’s in Engineering

Bachelor’s in Engineering

Bachelor’s in Engineering

Bachelor’s in Engineering

Bachelor’s in Engineering

None

None

None

P.E.

P.E.

0

2

4

4

8

$75.00

$85.00

$100.00

$110.00

$130.00

Geologist I

Geologist II

Geologist III

Professional Geologist

Senior Prof. Geologist

Bachelor’s in Geology or Hydrogeology

Bachelor’s in Geology or Hydrogeology

Bachelor’s in Geology or Hydrogeology

Bachelor’s in Geology or Hydrogeology

Bachelor’s in Geology orHydrogeology

None

None

None

P.G.

P.G.

0

2

4

4

8

$70.00

$75.00

$88.00

$92.00

$110.00

Scientist I

Scientist II

-

Scientist III

Scientist IV

Senior Scientist

Bachelor’s in a Natural orPhysical Science

Bachelor’s in a Natural or Physical Science

Bachelor’s in a Natural or Physical

Science

Bachelor’s in a Natural or Physical Science

Bachelor’s in a Natural or Physical Science

None

None

None

None

None

0

2

4

6

8

$60.00

$65.00

$70.00

$75.00

$85.00

Project Manager

Senior Project Manager

None

None

None

None

8’

12’

$90.00

$100.00

Technician I

Technician II

Technician III

Technician

N

Senior Technician

None

None

None

None

None

None

None

None

None

None

0

2’

4’

6’

8’

$45.00

$50.00

$55.00

$60.00

$65.00

Account Technician I

Account Technician II

AccountTechnician Ill

AccountTechnician IV

Senior Acct. Technician

None

None

None

None

None

None

None

None

None

None

0

.

22

42

62

82

$35.00

$40.00

$45.00

$50.00

$55.00

Administrative Assistant I

Administrative Assistant II

None

None

None

None

0

2~

$25.00

$30.00

41

---

Administrative Assistant III

Administrative Assistant IV

Senior Admin. Assistant

None

None

None

None

None

None

43

6~

8~

$35.00

$40.00

$45.00

Drafiperson/CAD I

DraftpersonlCAD II

Draftperson/CAD III

Draftperson/CAD IV

Senior DraftpersonlCAD

None

None

None

None

None

.

None

None

None

None

None

0

2~

44

6~

8~

$40.00

$45.00

$50.00

$55.00

$60.00

Equivalent work-related or college level education with significant coursework in the

physical, life, or environmental sciences can be substituted for all or part of the specified

experience requirements.

2

Equivalent work-related orcollege level education with significant coursework in

accounting or business can be substituted for all or part ofthe specified experience

requirements.

~Equivalent work-related orcollege level education with significant coursework in

administrative or secretarial services can be substituted for all or part ofthe specified

experience requirements.

‘~

Equivalent work-related or college level education with significant coursework in drafting

or computer aided design

(“CAD”) can be substituted for all orpart ofthe specified

experience requirements.

-

42