flbir’i
    (IECEIVED
    v is i a NA
    Lc~’s
    OFFICE
    EXHIBIT LIST
    AUG ~ 2005
    STATE OF ILLINOIS
    IN
    THE MATTER OF:
    )
    Pollution
    Control Board
    )
    PROPOSED AMENDMENTS TO:
    )
    R04-22
    REGULATION OF PETROLEUM LEAKING)
    (UST Rulemaking)
    UNDERGROUND STORAGE TANKS
    (35
    )
    ILL. ADM. CODE 732
    )
    IN THE MATTER OF:
    )
    )
    PROPOSED AMENDMENTS TO:
    )
    R04-23
    REGULATION OF PETROLEUM LEAKING)
    (UST Rulemaking)
    UNDERGROUND STORAGE TANKS (35
    )
    Consolidated
    ILL. ADM. CODE 734
    )
    Exhibit I
    Illinois Environmental Protection Agency’s First ERRATA Sheet for Part 732
    Exhibit 2
    Illinois Environmental Protection Agency’s First ERRATA Sheet for Part 734
    Exhibit 3
    Testimony of Douglas Clay in support ofthe Illinois Environmental Protection
    Agency’s proposal to amend 35 Ill. Adm. Code 732
    Exhibit 4
    Testimony ofDouglas Clay in support ofthe Illinois Environmental Protection
    Agency’s proposal to amend
    35
    Ill. Adm. Code 734
    Exhibit S
    Testimony ofHernando Albarracin in support ofthe Illinois Environmental
    Protection Agency’s proposal to amend 35 Ill. Adm. Code 732
    Exhibit 6
    Testimony ofHernando Albarracin in support of the Illinois Environmental
    Protection Agency’s proposal to amend 35 Ill. Adm. Code 734
    Exhibit 7
    Testimony of Douglas Oakley in support ofthe Illinois Environmental Protection
    Agency’s proposal to amend 35 Ill. Adm. Code 732
    Exhibit 8
    Testimony ofDouglas Oakley in support ofthe Illinois Environmental Protection
    Agency’s proposal to amend 35 Ill. Adm. Code 734
    Exhibit 9
    Testimony ofBrian Bauer in support ofthe Illinois Environmental Protection
    Agency’s proposal to amend 35 Ill. Adm. Code 732
    Exhibit 10
    Testimony ofBrian Bauer in support ofthe Illinois Environmental Protection
    Agency’s proposal to amend 35 Ill. Adm. Code 734
    2
    Exhibit 11
    Testimony ofHany Chappel in support of the Illinois Environmental Protection
    Agency’s proposal to amend 35 Ill. Adm. Code 732
    Exhibit 12
    Testimony ofHarry Chappel in support of the Illinois Environmental Protection
    Agency’s proposal to amend 35 Ill. Adm. Code 734
    Exhibit 13
    DRAFT Budget and Billing Forms for the Underground Storage Tank Fund
    March 9, 2004
    Exhibit 14
    Leaking Underground Storage Tank Reimbursement Example 35 Ill. Adm. Code
    734
    Exhibit 15
    Illinois Environmental Protection Agency Second ERRATA sheet
    Exhibit 16
    35 Ill. ADC 185.204
    Exhibit 17
    Cash Balance Daniel W. Hynes
    Exhibit 18
    State Underground Storage Tank Fund
    Exhibit 19
    Landfills that Accept LUST Soils as ofMay 2004
    Exhibit 20
    General Guidelines
    Exhibit 21
    LUST Claims Voucher Process
    Exhibit 22
    State UST Reimbursement Regulations (Summary)
    3
    Exhibit 23
    Complete Copies of State UST Reimbursement Regulations
    (exhibit includes one set ofUSEPA Guidelines and rules from 31 states as listed
    below):
    USEPA, State Funds in Transition: Models for UST Assurance Funds, EPA 510-
    B-97-002, Jan. 1997; Montana Petroleum Tank Release Cleanup Fund Reasonable
    Cost Ceilings (Draft 9/6/02);Ohio Revised Code, Petroleum Storage Tank Release
    Compensation Board (Dec. 1997); Missouri, Rules of Dept. ofNatural Resources,
    10 CSR 100-5.010-5.030 (4/30/02); New Mexico Environment Dept. 20.5.17
    NMAC (11/30/03); Arkansas Dept. of Environmental Quality, Regulated Storage
    Tank Trust Fund Cost Control Guidance Document (6/03); Florida Dept. of
    Environmental Protection, Petroleum Preapproval Program—Fixed Rate Schedule
    (12/02); Kansas Petroleum Storage Tank Release Trust Fund Reasonable Rate
    Ranges (elI 6/28/02); Wisconsin Dept. ofCommerce Maximum Reimbursable
    Equipment Rates (4/28/04); Nebraska Dept. ofEnvironmental Quality, Petroleum
    Release Remedial Action Cash Fund (Title 200 Program)(eff. 3/1/00); Virginia
    Dept. ofEnvironmental Quality, Virginia Petroleum Storage Tank Fund
    Reimbursement Guidance Manual, Vol. II UCR Schedules
    (5th
    ed.); Vermont
    Agency ofNatural Resources, Waste Mgt. Div., Procedures for Reimbursement
    from the Petroleum Cleanup Fund) (eff. 4/04);Mississippi Dept. of Environmental
    Quality, UST Branch, Reimbursement Limitation & Procedures for Immediate
    Response Actions Eligible for Reimbursement from the Mississippi Groundwater
    Protection Trust Fund (eff. 1/1/02); Alabaman Dept. ofEnvironmental
    Management, Alabama Tank Trust Fund Reasonable Rate Schedule (6/03);
    Indiana Underground Storage Tank Financial Assurance Board, 328 IAC, LSA
    Doc.
    #00-135(F),
    (adopted 7/10/01); Kentucky Off. of Petroleum Storage Tank
    Environmental Assurance Fund, 415 KAR 1:110. Contractor Costs (4/30/04);
    Maryland Dept. ofEnvironment, Title 26 Subtitle 10 Chap. 14 Underground
    Storage Tank Site Cleanup Reimbursement (7/23/01); South Dakota Petroleum
    Release Compensation Fund, 1999 Internal Cost Screening Guidelines for
    Determining Reasonable Environmental Consultant Expenses (4/12/99); New
    Hampshire Petroleum Storage Facility Fund Program Guidance Manual, Section
    VI only (10/1/03); Texas Natural Resource Conservation Comm. Petroleum
    Storage Tank Division, Reimbursable Cost Guidelines (4/30/04); Tennessee Dept
    ofEnvironment and Conservation, Reasonable Reimbursement Guidance
    Document (1/1/04); Colorado Dept. of Labor & Employment, Division of Oil &
    Public Safety, Reasonable Cost Guidelines 2001 (4/30/04); North Carolina Group
    Dept. of Environment and Natural Resources-Div. Of Waste Mgt., UST Tank
    Price List, Version 1.0(3/1/03); Minnesota Rules, Chapter 2890 (4/27/04);
    Arizona Dept. of Environmental Quality, State Assurance Fund 2004 Cost
    Ceilings (2004); Alaska Underground Storage Tank Financial Assistance Program
    Tables ofCustomary Costs (5/25/99); Louisiana Motor Fuels Underground
    Storage Tank Trust Fund Cost Control Guidance Document (undated); California
    State Water Resources Control Board, Cost Guidelines—Underground Storage
    Tank Cleanup Fund (Final Draft 10/01/01); Nevada Division ofEnvironmental
    Protection, State ofNevada Petroleum Fund CEM Cost Guidelines (12/01)
    4
    Exhibit 24
    Excavation!TransportationfDisposal/Backfill Costs (undated)
    Exhibit 25
    LUST Average Days to Process Claims (2/11/04)
    Exhibit 26
    Maximums Allowable (J. Kim 4/20/04)
    Exhibit 27
    Amended Attachments (2nd ERRATA Sheet) as Requested by Hearing
    Conducted 5/25/04
    Exhibit 28
    Payment of Corrective Action and Third Party Liability Claims Trust Fund (2
    pages from Indiana Administrative Code (undated)
    Exhibit 29
    Prefiled testimony of CW3M for the hearings beginning on June 21, 2004,
    including Attachment A and Appendix A through N
    Exhibit 30
    Table with heading “Paid in 2003”, Paid in 2002”, and “Paid in 2001” and graph
    Exhibit 31
    Letter from Goodwin & Broms, Inc. for cite LPC # 1150155313
    Exhibit 32
    “Excavation and Off-Site Landfarm Treatment” Budget form with IEMA No.
    932539
    Exhibit 33
    LUST Technical Review Notes by Jason Donnelly dated March 14, 2003, for cite
    LPC #0110505004
    Exhibit 34
    Comparison ofOther States Provided
    Exhibit 35
    Resume of Cindy S. Davis, P.G.
    Exhibit 36
    Resume ofJoseph W. Truesdale, P.E., S.I.T.
    Exhibit 37
    Resumes ofJoe Kelly, Duane Doty, Robert J. Pulfrey, and Barry Sink
    Exhibit 38
    High Priority Corrective Action Task List, page numbered 6 of 8 followed by
    “Information Presented to IEPA by AD-HOC group, leg by Consulting Engineers
    ofIllinois (CECI)
    Exhibit 39
    Underground Storage Tank Fund Information including information from Daniel
    W. Hines dated 6/20/04 and 6/17/04
    Exhibit 40
    UST Fund Graphs including “Frequency ofPayouts” and “LUST Fund Balance”
    Exhibit 41
    Letter from Bill Fleischli ofIllinois Petroleum Marketers Association to Mr. Gary
    King of the Illinois Environmental Protection Agency dated October 24, 2001
    5
    Exhibit 42
    Memorandum from Doug Clay ofthe Illinois Environmental Protection Agency to
    Bill Fleischli dated April 4, 1995
    Exhibit 43
    UST Reimbursement Project Information
    Exhibit 44
    Emergency Rule Language Negotiated Between IEPA, PIPE, CECI, ISPE
    Exhibit 45
    Illinois Department of Transportations “Aggreement” (sic) Provisions for
    Consultant Services, pages 29 through 33
    Exhibit 46
    Capitol Development Board’s Professional Services and Fees Handbook for
    Centralized Fee Negotiation, pages 5 though 6
    Exhibit 47
    General Information Used by Businesses in Determing Reasonable and
    Competitive Pricing
    Exhibit 48
    PIPE Workgroup Work Breakdown Structure
    Exhibit 49
    Prefiled Testimony of Cindy S. Davis for the hearings beginning on June 21,2004
    Exhibit 50
    Prefiled Testimony ofMichael W. Rapps for the hearings beginning on June 21,
    2004
    Exhibit 51
    Table titled “Chappel Attachment 12 E
    +
    T
    +
    D Data”
    Exhibit 52
    Graph titled “Normal distribution”
    Exhibit 53
    Prefiled testimony ofDuane Doty for the June 21, 2004, hearing
    Exhibit 54
    Prefiled testimony ofJoseph M. Kelly for the June 21,2004, hearing
    Exhibit 54(a) Supplemental Prefiled testimony ofJoseph M. Kelly for the June 21, 2004,
    hearing
    Exhibit
    55
    Prefiled testimony ofRobert J. Pulfrey for the June 21, 2004, hearing
    Exhibit 56
    Prefiled testimony ofBany F. Sink for the June 21, 2004, hearing
    Exhibit 57
    Map titled “Active LUST Sites”
    Exhibit 58
    Map titled “PIPE Member LUST Sites”
    Exhibit 59
    Map titled “Special Waste Landfills”
    6
    Exhibit 60
    Map titled “Special Waste Landfills” with Active LUST Sites included by blue
    dots
    Exhibit 61
    Map titled “Special Waste Landfills” with active LUST Sties included by blue
    dots and yellow highlighted sites within 25 miles of landfills
    Exhibit 62
    Map titled “Rock Backfill Vendors 2002-2003”
    Exhibit 63
    Table titled “All Incident Numbers” from the IEPA LUST Database, dated April
    2003
    Exhibit 64
    Table headed Number ofSites Year of Incident from the IEPA LUST Database
    dated April 2003
    Exhibit 65
    Chart headed Sites Not Assigned
    Exhibit 66
    Map titled “illinois OSFM Licensed Contractors”
    Exhibit 67
    Map titled “Illinois OSFM Licensed Contractors”, including LUST Sites with
    yellow dots
    Exhibit 68
    Map titled “Illinois OSFM Licensed Contractors”, including LUST Sites with
    yellow dots and highlighted sites within 25 miles of contractor
    Exhibit 69
    Table titled “NFRs Issued Vs. TACO Usage”
    Exhibit 70
    Web Pages for United Science Industries
    Exhibit 71
    Prefiled testimony ofBill Fleischli for the hearings beginning on June 21, 2004
    Exhibit 72
    Prefiled testimony ofHarold Primack forthe hearings beginning on June 21, 2004
    Exhibit 73
    Prefiled testimony ofJoseph W. Truesdale for the hearings beginning on June 21,
    2004
    Exhibit 74
    Prefiled testimony of Daniel J. Goodwin for the July 6, 2004 hearing
    Exhibit 75
    Prefiled testimony of Jarrett Thomas for the July 6, 2004 hearing
    Exhibit 76
    Table titled “State Underground Storage Tank Fund”
    Exhibit 77
    Illinois Environmental Protection Agency Leaking Underground Storage Tank
    Program Annual Report 2000
    7
    Exhibit 78
    Illinois Environmental Protection Agency Leaking Underground Storage Tank
    Program Annual Report 2001
    Exhibit 79
    Illinois Environmental Protection Agency Leaking Underground Storage Tank
    Program Annual Report 2002
    Exhibit 80
    Illinois Environmental Protection Agency Leaking Underground Storage Tank
    Program Annual Report 2003
    Exhibit 81
    Internet copy of Occupational Safety and Health Administration, Department of
    Labor Part 1926 and October 31, 1989
    Federal Register
    version of Part 1926
    Exhibit 82
    Office of State Fire Marshal Table of Contents for Part 170 and 41111. Adm. Code
    172.10
    Exhibit 83
    Illinois Environmental Protection Agency letter dated February 9, 2004 to Mathias
    Development Corporation
    Exhibit 84
    Illinois Environmental Protection Agency letter dated February 11, 2004 to L.E.
    Anderson Bros. Oil Co., Inc.
    Exhibit 85
    Transcript from Riverview FS, Inc. v. IEPA PCB 97-226
    Exhibit 86
    Table Titled “Raw Numbers for ETD&B ofOther States”
    Exhibit 87
    Illinois Environmental Protection Agency third ERRATA sheet
    Exhibit 88
    Testimony ofDouglas Clay in support ofthe Illinois Environmental Protection
    Agency’s Proposal
    Exhibit 89
    Illinois Department ofTransportation Letter to Douglas Clay dated August 2,
    2004
    Exhibit 90
    PIPE’s Proposed Alternate Language
    Exhibit 91
    PIPE’s Testimony in Response to IEPA Testimony ofAugust 9, 2004 and Third
    ERRATA Sheet; PIPE Testimony in Support ofPIPE’s Alternate Language
    Exhibit 92
    Tables headed “Construction Costs”
    Exhibit 93
    Table Titled “RS Means (2004)
    —
    Monitor Well Material Costs for 2”, 4”, 6”, 8”
    Wells”
    Exhibit 94
    Prefiled questions to the Illinois Environmental Protection Agency from CW3M
    for the July 27, 2005 hearing.
    8
    Exhibit 95
    Prefiled questions to the Illinois Environmental Protection Agency from Daniel
    King with United Science Industries, Inc. for the July 27, 2005 hearing.
    Exhibit 96
    Prefiled questions to the Illinois Environmental Protection Agency from Jay Koch
    with United Science Industries, Inc. for the July 27, 2005 hearing.
    Exhibit 97
    Prefiled questions to the Illinois Environmental Protection Agency from CSD
    Environmental Services for the July 27, 2005 hearing.
    Exhibit 98
    Prefiled answers from the Illinois Environmental Protection Agency for the July
    27, 2005 hearing.
    Exhibit 99
    Prefiled testimony of Cindy S. Davis and Joseph W. Treusdale for the July 27,
    2005 hearing.
    Exhibit 100
    Amendment to testimony ofJoseph W. Treusdale
    Exhibit 101
    Amendment to testimony ofCindy S. Davis
    Exhibit 102
    Petition that begins with “We, the undersigned, do hereby petition the Illinois
    Pollution Control Board (IPCB).
    .
    Exhibit 103
    Arizona Department of Environmental Quality UST Program “Release Reporting
    & Corrective Action Guidance” Appendix J
    Exhibit 104
    Arizona Department ofEnvironmental Quality UST Program “Release Reporting
    & Corrective Action Guidance” “7.3 CONTENTS OF CAP”
    Exhibit 105
    Remedial Technology Screening (RTS) Form
    Exhibit 106
    Prefiled testimony ofCW3M for the July 27, 2005 hearing.
    Exhibit 107
    Prefiled testimony ofJay P. Koch for the July 27, 2005 hearing.
    Exhibit 108
    Videotape entitled “Small Owners/Operators ofUnderground Storage Tanks”
    Exhibit 109
    Amended testimony ofJay P. Koch for the July 27, 2005 hearing.
    Exhibit 110
    Hot & Cold Analysis
    Exhibit 111
    Sector Analysis: Annual Growth Rates
    Exhibit 112
    Hand drawn illustration to statement by Steven E. Rigdon
    9
    Exhibit 113
    Group of Charts entitled “IEPA PM Denial”, “Overall Denial by Unit
    Manager”, “IEPA PM Modification or Denial”, “Overall Modified or Denied
    by Unit Manager”, “IEPA PMs Average days for response”, “Average Days for
    Response by Unit Manager”
    Exhibit 114
    LUST Technical File for site #0770155 105 Jackson County site (big file)
    Exhibit 115
    LUST Technical File for site #0790305001 Jasper County site (little file)

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