IN THE MATTER OF:
PROPOSED AMENDMENTS
TO:
REGULATION
OF PETROLEUM LEAKING UNDERGROUND
STORAGE
TANKS (35 ILL.ADM.CODE 732)
IN THE
MATTER
OF:
PROPOSED AMENDMENTS TO: REGULATION
OF PETROLEUM LEAKING UNDERGROUND
STORAGE TANKS (35 ILL.ADM.CODE 734)
Dorothy Gunn, Clerk
Pollution Control Board
James R. Thompson Center
100 W. Randolph, Ste. ll-50~
Chicago, Illinois 60601
See Attached Service List
By:
NOTICE
RECEIVED
CLERK’S OFFICE
R 04-23
(Rulemaking
-
Land)
)
Marie Tipsord, Hearing Officer
Pollution Control Board
James R. Thompson Center
100 W. Randolph, Ste 11-500
Chicago, Illinois 60601
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
)
)
)
APR 112005
STATE OF ILLINOIS
Pollution Control Board
R 04-22
(Rulemaking
-
Land)
PLEASE TAKE NOTICE that I have today filed with the Office of
the Clerk of the Pollution Control Board the Illinois Environmental Protection
Agency’s Comments Regarding The Need For An Additional Hearing on behalf of
the Illinois Environmental Protection
Agency, a copy of which is herewith served upon you.
ENVIRONMENTAL PROTECTION AGENCY
OF THE STATE OF ILLINOIS
Kyle Romi~er
Assistant Counsel
DATE: April 8, 2005
Agency File
#:
Illinois Environmental
Protection Agency
1021 North Grand Ave. East
P.O. Box 19276
Springfield, IL 62794-9276
THIS
FILING IS SUBMITTED ON RECYCLED PAPER
RECEIVED
BEFORE THE
ILLINOIS POLLUTION
CONTROL BOARD
CLERK’S OFFICE
IN THE MATTER OF:
)
APR
11 2005
STATE OF ILLINOIS
PROPOSED AMENDMENTS TO:
)
R04-22.
Pollution Control
Board
REGULATION OF PETROLEUM
‘
(Rulemaking Land)
LEAKING UNDERGROUND STORAGE)
.
TANKS
(35
ILL. ADM. CODE 732)
)
INTHEMATTEROF:
. .
)
)
PROPOSED AMENDMENTS TO:
)
R04-23
REGULATION OF PETROLETJM
)
(Rulemaking
-
Land)
LEAKING UNDERGROUND STORAGE)
TANKS
(35
ILL. ADM. CODE 734)
)
‘ILLINOIS ENVIRONMENTAL PROTECTION AGENCY’S
COMMENTS REGARDING THE NEED FOR AN ADDITIONAL HEARING
NOW COMES the Illinois Environmental Protection Agency (“Illinois EPA”), by
and through one ofits attorneys, Kyle Rominger, and submits the following comments
regarding the Board’s request for comments on the need for an additional hearing in this
rulemaking:
.
.
The Illinois EPA appreciates the Board providingan opportunity for another
hearing in this matter if one appears warranted. Like the Board, the Agency wants to
ensure that the final rules adopted in this proceeding arereasonabie-for all ofthe parties
involved in the LUST Program. This goal is reflected in the many.changes the. Illinois
EPA made to its proposal during the hearings.
As the Board is aware, this rulemaking has included numerous hearings and the
submission ofa great deal ofinformation through pre-filed testimony, exhibits,
responses, alternative proposals, and comments All ofthe parties timely expressing a
desire to voice their opinion on the Illinois EPA’s proposal or to submit alternatives, to
the
piroposal
have been given an ample opportunity to do so. As reflected in the Board’s
•First Notice Opinion and Order, the Board carefully considered all ofthe information it
received over the past year The Agency agrees with the Board’s opinion that everyone’s
efforts Over the past year have culminated in a proposal. that1 among other things, as a
whole will provide reimbursement o.freasonable remediation costs..:
.
The Board’s First Notice proposal is, for the most part, identical to the Illinois
.
EPA’s proposal. Therefore, the Board has already received testimony and comments on
the vast majority ofits First Notice proposal. The Illinois EPA realizes that there may
continue to be disagreements over particular aspects ofthe proposal. However, an
additional hearing is not needed if parties merely will be re-arguing points and issues that
have already been thoroughly debated. Such a hearing would only waste the Board’s
time; as well as everyone else’s, and the net result would only be a delay in the effective
date ofthe amendments. Based upon the information submitted to date, it does not
appear that an additional hearing is warranted.
.
.
Ifthe Board does determine that an additional hearing is warranted, for the
purposes of expediting the hearing and the adoption offinal rules, the Illinois EPA
respectfully requests the following:
1.
That the hearing order identify the new information that will be
brought into the record and the issues to be considered at the hearing;
••
2.
That the hearing he limited to addressing information, that was not,
nor could have been, previously submitted into the record’; ‘and
.
.
‘
3.
“
That the new’information beingbrought into the record’ is’such’that
it cannot be submitted in public comments because an opportunity for rebuttal
2
testimony is needed.
In addition to the above, the illinois EPA has the following comments regarding
the letters marked as Public Comments (“PC”) #10 through #36’:
‘~‘“
‘
1.
The letters appear to be an orchestrated effort on behalfof United
Science Industries (“USI”) rather than the independent undertakingsofindividual.
,
‘
citizens.
,
• .
‘
•
a.
All ofthe letters are similar in content. They express
concern over the Board’s proposal, express concern about hearings being
held only in the northern part ofthe state, and request, that a hearingbe
held in the southern part ofthe state, usuallythe Mt. Vernon area. PC #21
and #24,are identical except for the number of years each author has
worked as an environmental consultant.
b.
Alibut two ofthe letters have “COPY PROVIDED TO
ATTACHED SERVICE LIST” printed at the bottom, in the same location and,
in the same font. Every letter has attachedto it an identically formatted
service list with “SERVICE LIST AS OF 3/17/05” printed in the center at the
top of the page.
c.
All but one ofthe letters appear to be authored by persons
who are USI employees. The authors ofPC #10, #20, #23, and #32 are
identified in the record as USI employees. A cursory review ofUSI
...‘.
‘. ...
reimbursement submittals currently on the desks of a few’members of’the
Illinois EPA’s staff confirmed that at least 18 ofthe authors are‘employed”’’’
‘
by USI. In addition, the authors ofall but two ofth~letters could be
‘
3
reached through USI’s telephone system by dialing their extension using
their last name. The only author that could not beidentified as a USI
employee was the author ofPC #22.
,
“
‘
•d.
Although the letters are addressed from various addresses
•.•..•.•••..
and contain dates ranging over several days, all ofthe letters, at least the
copies received by the Agency, were mailed on the same day using the
same private postage meter with identification number 0002344202. This
is the ‘same postage meter USI uses to mail its technical and
reimbursement submissions to the Illinois EPA. The exception is PC
#35.
The Agency cannot confirmwhetherthe same postage meter was used to
mail PC
#35
because the envelope forthe letter was not retained.
Because the letters marked as PC #10 through #36 appear to be essentially a
coordinated effort ofrepetitious requests on behalfofUSI, the Illinois EPA
requests that they be combined and viewed in total as effectively a single request
for an additional hearing rather than individual requests. The Illinois EPA does
not wish to deny anyone the right to submit comments merely because they are
affiliated with an interested party. However, the Illinois EPA does not believe
that one party’s request shouldbe given more weight merely because its requestis
submitted through numerous employees instead ofin a single submittal.
‘
2.
The letters request that a hearing be heldin the southern part ofthe
....‘.
‘.
state to provide an adequate opportunity for citizens ofsouthern’ Illinois to be’’”’””’”’’
heard. However, the letters do not provide any evidence showing that any citizen”””’”””””
ofsouthern Illinois has been denied an opportunity to participate in these
4
proceedings. In fact, the record indicates just the opposite. The vast majorityof
the public participants in this rulemaking are from central and southern Illinois:
USI and its employees are based in Woodlawn, near Mt. Vernon; CSD
“
‘
Environmental, CW3M, and their employees are based in Springfield; CW3M
,,indicated that it also has an office in,Marion; Daniel Goodwin and,the,American
Consulting Engineers Council ofIllinois are based in Springfield; Michael Rapps
is based in Springfield and also has an office in Carbondale; Russ Goodiel is
based in Centralia; and Bill Fleischli and the illinois Petroleum Marketers
Association are based in Springfield. Furthermore, the American Consulting
Engineers Council ofIllinois and the Illinois Petroleum Marketers Association
represent engineers and UST owners and operators locatedthroughout the state.
3.
The letters do not identify any additional evidence that will be
brought into the record if an additional hearing is held. There is nothing in the
letters to indicate that holding an additional hearing in southern Illinois is likely to
result in any change to the Board’s First Notice proposal. Rather, it appears there
is merely a desire to continue arguing the same old issues and points discussed in
• previous hearings and resolved by the Board in its First Notice Opinion and’
Order.
‘
‘
‘
Taken in total, the Illinois EPA does not believe that the letters adequately
• ‘
demonstrate the need ,for an additional hearing. The Illinois EPA respectfIillyrequests
•
that the Board continue the adoption ofits proposal ‘by acceptingpubliccommentson’the”’”’
Board’s First Notice proposal and proceeding to Second’Notice.
5
• Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
•
Kyle
,
Romi~
, c~-~
~
Assistant Counsel
DATED:
________
‘
1021 North Grand Avenue East,
P.O.Box 19276
Springfield, Illinois 62794-9276
(217)
782-5544
6
STATE OF ILLINOIS
)
)
COUNTY OF SANGAMON)
PROOF OF SERVICE
I, the undersigned, on oath state that I have served the attached Illinois Environmental
Protection Agency’s Comments Regarding The Need For An Additional Hearing on behalf ofthe
Illinois Environmental Protection Agency upon the personto whom it is directed, by placing a copy
in an envelope addressed to:
Dorothy M. Gunn, Clerk
Marie Tipsord, Hearing Officer
Pollution Control Board
Pollution Control Board
James R. Thompson Center
James R. Thompson Center
100 West Randolph St., Ste 11-500
100 West Randolph St., Ste 11-500
Chicago, Illinois 60601.
Chicago, Illinois 60601
See Attached Service List
and mailing it from Springfield, Illinois on
0
SUBSCRIBED AND SWORN TO BEFORE ME
this ~!~i”dayof 4ç~
1\ ~
00
•
~,
~
ç
BRENDA BOEHNER
________________________________________
X NOTARY PUBLIC, STATE OF ILLINOIS ~
.1
?MY COMMISSION EXPIRES 11-14-2005:1:
Notary Public
~
THIS FILING IS SUBMITTED ON RECYCLED PAPER
Printing Service List....
Page 1 of4
Party Name
Ogle
County
State’s Attorney Office
Interested Party
Role
City & State Phone/Fax
Ogle County Courthouse
Oregon
815/732-1170
110 South Fourth Street, P.O. IL 61061-
815/732-6607
Box
395
.
0395
Michael C. Rock, Assistant State’s Attorne
IEPA
Petitioner..
Gina Roccaforte, Assistant Counsel
1021 North Grand Avenue
Springfield
East,
IL 62794-
P.O. Box 19276
9276
217/782-5544
217/782-9807
Kyle Rorninger, Assistant Counsel
Doug Clay
Hodcie Dwyer Zeman
Interested Party
Thomas G. Safley
Sidley Austin Brown & Wood
Interested Party
William G. Dickett
Karaganis, White & Magel, Ltd.
Interested Party
Barbara Magel
Illinois Petroleum Marketers Association
Interested Party.
3150 Roland Avenue
Post Office Box 5776
Bank One Plaza
10 South Dearborn Street
414 North Orleans Street
Suite 810
112 West Cook Street
Springfield
IL 62705-
5776
Chicago
IL 60603
Chicago
IL 60610
Springfield
IL 62704
217/523-4900
217/523-4948
312/853-7000
312/953-7036
312/836-1177
‘312/836-9083
217/793-1858
Bill Fleischi
United Science Industries, Inc.
Interested Party
Woodlawn
P.O. Box 360
IL 62898-
6295 East Illinois Highway 15 0360
618/735-2411
618/735-2907
Joe
KeUy,~PE
Illinois Environmental Regulatory Group
Interested Party
3150 Roland Avenue
Springfield
IL 62703
217/523-4942
217/523-4948
Robert A. Messina, General Counsel
Carlson Environmental, Inc.
Interested Party
65 E. Wacker Place.
Suite 1500
Chicago
IL 60601
Kenneth James
Michael W. Rapps
Chicago
‘312/357-1313’
IL 60606
12/759-5646
Springfield
‘IL 62791-’
7349
Environmental Bureau
188 West Randolph, 20th
Floor
Chemical Industry Council of Illinq~
Interested Party
‘
Lisa Frede
.
‘
‘
Barnes & Thorn burg
Interested ‘Party .
‘
Carolyn S. Hesse, Attorney
~pps .Engineering& Applied Science
Interested Party
DesPlaines
IL 60018-
4509
2250 E. Devon Avenue
Suite 239
I North Wacker Drive
Suite 4400”
~“ .
82 ~‘South~JDu.rkj.n Drive
P.O. Box 7349
Environmental Management &
Technologies’
‘Interested Party
Craig S. Gocker, President
Office of the Attorney General,
Interested Party
217/787-21 18..
217/787-6641
2012 West College
~ven,ue
Normal
309/4544717:.
Suite 208 . ,
,
IL 61761
309/454-2711
Chicago
IL 60601
312/814-2550
312/814-2347
http://www.ipcb.state.il.us/cool!externalIcasenotif~rNew.asp?caseid=6286¬ifytype=Servi... 4/8/2005
f1II1Lfl1~ ~C1V1(.~C .L,ISL....
ragc~oI’÷
Posegate’& Denes
Interested Party
Claire A. Manning
Marlin Environmental, Inc.
Interested Party
512 West Burlington Avenue LaGrange
Suite 100.
.
•.....
IL 60525.
111 N. Sixth Street
1000 West Spring Street
Springfield
IL
62701
S~uthElgin
IL 60177
217-522-6152
847-468-8855
Melanie
LoPiccolo, Office Manager
Illinois Department of Natural Resources
Interested Party
One Natural Resources Way
Springfield
IL 62702-
1271
217/782-1809
217/524-9640
Stanley Yonkauski, Acting General COunsel
Woodlawn
(618) 735-
IL
62898
‘
2411
8731 Bluff Road
Waterloo
‘IL 62298
RoseMarie Cazeau, Bureau Chief
Herlacher Angleton Associates, LLC
Interested Party
Tom Heriacher, P.E., PrincipalEngineer
Illinois Pollution Control Board
Interested Party
DorothyM. Gunn, Clerk of the Board
Marie Tipsord, Hearing Officer
Huff & F-luff, Inc.
Interested Party
James E. Huff, P.E.
Black & Veatch
Interested Party
Scott Anderson
618/935-~262
618/935-2694
100 W. Randolph St.
Chicago
312/814-3620
Suite 11-500
IL 60601 ,
312/814-3669
101 North Wacker Drive
Suite 1100
Chicago
IL 60606
Edwardsville
IL 62025
618/656-0184
‘618/656-1801
Burroughs, Hepler, Broom, MacDonald, 103 W. Vandalia Street
Hebrank &True
~ ~ 300
Interested Party
,
,• ui e
Musette H. Vogel
EcoDigital Development LLC
P0 Box 360
Interested Party
6295 East Illinois Hwy 15
Joe Kelly, VP Engineering
Great Lakes Analytical
‘
1380 Busch Parkwa
‘
.Buffalo Grove (847) 808-
Interested Party
‘
,
,
y
IL 60089
7766
A.J Pavlick
‘
CSD Environmental Services, Inc
‘
Springfield’’’”
Interested Party
,
2220 Yale Boulevard
IL 62703
217-522-4085
JosephW.Truesdale, P.E. • ‘.
CORE G:ological Services, Inc.
2621 Monetga, ‘Suite C’..
•
•“
217-787-6109
Ron Dye, President
,
‘
-••
‘
Clayton Group Services Inc
3140 Finley Road
Grove
630 795 3207
n erese
a y
. ‘
IL 60515
Monte Nienkerk
‘
‘
‘
2231 W. Altorfer Dr.
309-692-9688
Kurt Stepping, Director of Client Services
Atwell-Hicks, Inc.
‘
940 East Diehl Road
‘. • Naperville ‘‘630 5770800
Interested Party
Sute 100
‘
IL 60563
Thomas M. Guist, PE, Team Leader
sted Party
701 South Grand Ave. West’
217-522-8001
http://www.ipcb.state.il.us/cool/external/casenotifyNew.asp?caseid=6286¬ifytype=ServL..
‘4/8/2005
riuiLilig ~eiviee
LdSL.
rage.)
01 ~1-
Jeff Wienhoff
Suburban Laboratories, Inc.
Interested Party
4140 Litt Drive
Jarrett Thomas, V.P.
Environmental Consulting & Engineering,
Inc.
Interested Party
Richard Andros, P.E.
MACTEC ‘Engineering
‘&
Consulting, Inc.
Interested Party
Terrence W. Dixon, P.G.
Illinois Department of Transportation
Interested Party
Steven Gobelman
SEECO Environmental Services, Inc.
Interested Party
Collin W. Gray
Herlacher Anciieton Associates, LLC
Interested Party
Jennifer Goodman
United Environmental Consultants, Inc.
Interested Party
George F. Moncek
McGuire Woods LLP
Interested Party
David Rieser
Greensfelder, Hemker & Gale
CompEainant
Tina Archer, Attorney
Midwest Engineering Services, Inc.
Interested Party
Erin Curley, Env. Department Manager
American Environmental Corp.
Interested Party
Ken Miller, Regional Manager
Applied Environmental Solutions, Inc.
Interested Party
:DeleteMe2
Secor International, Inc.,,
Interested Party
/ Daniel
3.
Goodwin
‘
‘
Caterpillar, Inc.
Interested Party
Eric Minder, Sr. Environmental Engineer
K-Plus Environmental
Interested Party
Daniel Caplice
Illinois Society of Professional Engineers
Interested Party
300 West Edwards
Glenn Ellyn
IL 60137
Peoria”’
IL 61615
Springfield
IL 62764
Tinley Park
IL 60477
Alton
IL 62002
Palatine
IL 60067
Chicago
312/849-8100
IL 60601
Hillside
IL 60162
708-544-3260
551 Roosevelt Road
#309
8901 N. Industrial Road.
2300 Dirksen Parkway
7350 Duvon Drive
522 ‘Belle Street
119 East Palatin Road
Suite 101
77 W. Wacker
Suite 4100
10 S. Broadway
St. Louis
- -
Suite 2000
~‘
MO 63104
4243
W.
166th
Street.
Oak
Forest ,
708-535-9981
3700 W. Grand Ave., Suite A ~
217/585-9517
P 0 Box 1225
,‘‘~6185335953
400 Bruns Lane’’’’
‘ ‘
,Spr~igfi&d,,.,:,
Peoria
IL 61629
Suite 1000 ‘ .
Chicago
312-207-1600
600 W. Van Buren Street
IL.
60607.
~
217-544-7424
IL 62704
217-525-6239
100 ‘NE Adams Street
Kim Robinson
Brittan Bolin
3096751658
“ “
http://www.ipcb.state.il.us/coo1Iexternallcasenotif~rNew.asp?caseid=6286¬ifytype=Servi... 4/8/2005
.1. 1111L1115 )J.#1 V
jj
,LJAOL....
j
fl US ~t
GEl Consultants, Inc.
243 North Lindbergh Blvd.’
~ Lou~
‘
Interested Party
Suite 312
7851
314-569-9979
Daniel
3.
Goodwin, P.E. ‘
.
Total number of participants: 51
http://www.ipcb.state.iLus/coollextemallcasenotifyNew.asp?caseid=6286¬ifytype=Servi... 4/8/2005
