BEFORE THE ILLINOIS

POLLUTION CONTROL BOARD

INTHEMATTEROF:

)

RECEIVED

•

CLERKS OFFICE

PROPOSED

AMENDMENTS TO

)

(Rulemaking-Land)

TIERED APPROACH TO CORRECTIVE

)

SEP ~

02005

ACTION OBJECTIVES

(35 Iii.

Adm. Code 742)

)

NOTICE

Dorothy Gunn, Clerk

General Counsel

Illinois Pollution Control Board

Illinois Dept. of Natural Resources

James R. Thompson

Center

One Natural Resources Way

100W.

Randolph, Suite

11-500

Springfield, Illinois 62702-1271

Chicago, Illinois 60601

Matt Duim

Environmental Bureau Chief

Office ofthe Attorney General

James R. Thompson

Center

100 W.

Randolph,

12th

Floor

Chicago, Illinois 60601

PLEASE TAKE NOTICE that

I have today filed with

the Office of the Clerk of-the-

Illinois Pollution Control

Board the Illinois Environmental Protection

Agency’s (“Illinois EPA”)

Motion

for Acceptance, Appearance ofAttorneys, Certification of Origination, Statement of

Reasons, and the Proposed Amendments a

copy of each of which is herewith served upon you.

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

Kimberl

A. Ge~ing

C)

Assista

t

Counsel

Division of Legal Counsel

DATE:

September 29, 2005

1021

North Grand Avenue East

P.O.

Box

19276

Springfield, Illinois 62794-9276

(217)782-5544

THIS FILING SUBMITTED ON RECYCLED PAPER

---

RECEIVED

CLERK’S OFFICE

BEFORE THE

ILLINOIS POLLUTION CONTROL BOARD

SEP

302005

IN THE MATTER OF:

R05~

-

‘0

PROPOSED AMENDMENTS TO

)

(Rulemaking-Land)

TIERED APPROACH TO CORRECTIVE

)

ACTION OBJECTIVES

)

(35

III. Adm. Code 742)

)

)

MOTION FOR ACCEPTANCE

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

and, pursuant to

35

Ill.

Adm.

Code 102.12 1, moves the Illinois Pollution Control Board

(“Board”) to accept the Illinois EPA proposal for hearing.

This regulatory proposal

includes:

1) the Appearances for the attorneys representing the Illinois

EPA; 2)

Certification of Origination;

3) the Statement ofReasons;

and 4) the Proposed

Amendments.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

By:

____________

Douglas P. Scott

Director

DATE:

September28, 2005

1021

North Grand Avenue East

P.O. Box

19276

Springfield, Illinois 62794-9276

(217)782-3397

THIS FILING SUBMITTED ON RECYCLED PAPER

---

RECEIVED

BEFORE THE

ILLINOIS POLLUTION CONTROL BOARD

CLERK’S OFFICE

IN THE MATTER

OF:

RD~

PROPOSED AMENDMENTS TO

)

Rulemaking-Land

TIERED APPROACH

TO CORRECTIVE

)

ACTION OBJECTIVES

)

(35 Ill.

Adm.

Code 742)

)

APPEARANCE

)

SEP

302005

STATE OF ILUNOIS

Pollution

Control Board

The undersigned,

as one ofits

attorneys, hereby enters her entry ofAppearance

on

behalfofthe Illinois Environmental Protection Agency.

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

By:

DATE:

September

13, 2005

1021

North Grand Avenue East

P.O. Box

19276

Springfield, Illinois 62794-9276

(217)782-5544

Division of Legal Counsel

TillS FILING SUBMITTED ON RECYCLED PAPER

---

RECEIVED

CLERK’S OFFICE

BEFORE THE

ILLINOIS POLLUTION CONTROL BOARD

SEP

302005

IN THE MATTER OF:

)

0

STATE OF ILLINoIS

)

RQ&-

Pollution

Control Board

PROPOSED AMENDMENTS TO

)

Rulemaking-Land

TIERED APPROACH TO CORRECTIVE

)

ACTION OBJECTIVES

)

(35

Ill.

Adm.

Code 742)

)

)

APPEARANCE

The undersigned, as one of its attorneys, hereby enters her entry ofAppearance on

behalfofthe Illinois Environmental Protection Agency.

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

By:______

Annet C. Godiksen

Assistant Counsel

Division of Legal Counsel

DATE:

September

13, 2005

1021

North Grand Avenue East

P.O. Box

19276

Springfield, Illinois 62794-9276

(217)782-5544

THIS FILING SUBMITTED ON RECYCLED PAPER

---

RECEIVED

CLERK’S OFFICE

BEFORE

THE

ILLINOIS POLLUTION CONTROL BOARD

SEP ~02005

‘

n

STATE OF ILLINOIS

IN THE

MATTER OF:

)

(A.

~

V

Pollution Control Board

ROW-

PROPOSED AMENDMENTS

TO

)

(Rulemaking-Land)

TIERED APPROACH TO CORRECTIVE

)

ACTION OBJECTIVES

)

(35

Ill. Adm. Code 742)

)

)

CERTIFICATION OF ORGINATION

NOW

COMES

the

Illinois Environmental

Protection Agency (“Illinois EPA”)

and, pursuant to 35

Ill. Adm.

Code 102.2020), certifies that this proposal for amendments

to 35

III. Adm.

Code 742

amends the most recent version of that

rule

as published on

the

Illinois Pollution Control Board’s website.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

By:

____________

(lcimberlyfA.

Geving

6~

Assistant Counsel

DATE:

September

13, 2005

1021

North Grand Avenue East

P.O.

Box

19276

Springfield,

Illinois 62794-9276

(217)782-5544

THIS FILING SUBMITTED ON RECYCLED PAPER

---

RECEIVED

CLERK’S OFFICE

SEP

302005

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

STATE OF ILLINOIS

IN THE MATTER

OF:

)

Pollution Control Board

)

PROPOSED

AMENDMENTS TO

)

TIERED APPROACH

TO CORRECTIVE

)

(Rulemaking-Land)

ACTION OBJECTIVES

)

(35

Ill. Adm. Code 742)

)

STATEMENT

OF REASONS

The Illinois Environmental Protection Agency (“Illinois EPA”) hereby submits its

Statement ofReasons for the above-captioned matter to the Illinois Pollution Control

Board (“Board”) pursuant to

Section 27 ofthe Illinois Environmental Protection

Act

(“Act”)(415 ILCS

5/27)

and 35

Ill. Adm.

Code

102.200 and

102.202.

I.

FACTS

IN SUPPORT, PURPOSE, AND EFFECT

A.

Background

On December

15,

1995, P.A.

89-431

(which added a new Title XVII to the Act)

was signed into law by Governor Edgar.

Pursuant to Section 58.11(c) ofthe Act, the

Illinois EPA proposed regulations prescribing procedures and standards forthe Illinois

EPA’s administration dfits

duties under Title XVII.

That proposal became known as the

Tiered Approach to

Corrective Action Objectives (“TACO”) Under 35

Ill. Adm.

Code

742, which established a system whereby sites

undergoing remediation in the Site

Remediation Program (“SRP”), the Leaking Underground Storage Tank (“LUST”)

Program, and RCRA Part B Permits and Closures could use the methodology set forth in

the TACO rules to determine remediation objectives.

Since the inception ofthe initial

rulemaking, TACO’s applicability has been expanded outside the three programs listed

above.

I

---

Part 742

established procedures for developing remediation objectives based on

various

risks to human health posed by environmental conditions

at a site.

Because

human health may be impacted by any type ofenvironmental contamination, whether it

originates from petroleum, pesticides, or some other type of waste, it was logical to create

a

single set of procedures that any ofthe land remediation programs could use to address

contamination at any given site.

What resulted was the TACO methodology, whereby

risks posed to human health are evaluated, site conditions

are assessed, and individuals

propose remediation objectives to mitigate conditions

at the site so that they no longer

pose a threat to human health.

The

Board adopted TACO on June

5,

1997 (with three sub-dockets being adopted

shortly thereafter).

In Mayof 2000, the Illinois EPA proposed amendments to TACO

that were

necessitated by new technology, science, and programmatic changes.

The

Board

adopted those amendments

in December of2000, with

two sub-dockets being

adopted shortly thereafter.

As was the case back in 2000,

it is again necessary to file amendments to the rules

for the purpose ofkeeping the TACO procedures and requirements current.

As science

and technology continue to evolve, so, too, does the methodology established under

TACO.

For the last five years the Illinois EPA has been compiling the revisions that

come before the Board todayin the proposed amendments.

The proposed amendments

range in content

from comments from the regulated community to improve procedures to

new standards established

for various contaminants, updated test methods, and new

toxicity criteria. The effect of the proposed amendments is to update and improve

2

---

standards

and procedures so that end

users ofthe rules can achieve accurate data results

that

are protective ofhuman health.

B.

~çg~atory

Development

As stated above, the proposed amendments are the result ofa running list of

regulatory provisions that the Illinois EPA has compiled over the last five years that need

to be changed.

While the amendments

were initially developed by an internal agency

workgroup, the Illinois EPA did

incorporate changes that were based on concerns we

received from members ofthe regulated con~munity.Once a workingdraft ofthe

proposed amendments was complete, we sent the draft to a representative ofthe Site

Remediation Advisory Committee (“SRAC”) and Illinois Environmental Regulatory

Group (“IERG”) for distribution to their members for comment.

After they had

ample

opportunity to review and comment, the Illinois EPA met with members ofthose

groups

to discuss their comments and suggestions.

Those meetings occurred on January 20,

2005 and

April 6, 2005.

As

a result of discussions with the SRAC and

IERG, the Illinois

EPA made numerous changes to its proposal to

address the concerUs ofmembers of the

regulated community.

The Illinois EPA believes that the proposal was well received by

the regulated community and is generally non-controversial.

C.

Affected Sources and Facilities and Economic Impact

Persons (as defined in

Section 58.2 ofthe Act) that

are affected by this rule

include any and all persons undergoing remediation that are entitled

to use

a risk-based

methodology for determining remediation objectives.

Such persons would

include, but

not necessarily be limited to, those conducting remediation under the SRP, the LUST

3

---

Program, RCRA

Part B permits and closures, or other Illinois EPA remediation

programs.

The use of TACO

in conjunction with the various program regulations has

accomplished the goal of putting many sites back into productive use while significantly

decreasing

remediation costs statewide.

D.

Environmental, Technical, and Economic Justification

The Illinois EPA believes that the technical feasibility,

economic reasonableness,

and

environmental justification for the rules were

established by both the initial

rulemaking back in

1997 and the subsequent amendments in 2000.

As the rules continue

to evolve with new science, technology, and experience, the technical feasibility,

economic reasonableness, and environmental impact are only enhanced.

These rules

have helped put innumerable sites back into productive use, thereby

improving economic development.

Additionally, because the methodology

is based on

risk

to human health, it has encouraged environmental remediation without imposing

excessive costs

on the regulated community.

Thus, more sites arc being cleaned up,

threats to human health are decreased,

and the economy is given

a boost.

IL

THE

PROPOSED AMENDMENTS

A

large number ofthe proposed amendments arefound in the appendices

and

stem from new values that have been established for contaminants.

There are also many

changes to

the incorporations by reference due to the fact that manyofthe test methods and

other technical support documents have been updated or new information has become

available.

Additionally, there have been changes to

some of the technical procedures,

which are designed to

further streamline the use ofTACO.

4

---

What follows

is a general

overview of the remainder of the changes made to Part

742.

A.

SubpartA

As stated earlier in this StatementofReasons, since the inceptionof the

TACO

rules back

in

1997,

the use of this Part

has been expanded, where appropriate, outside the

three programs listed

in

Section 742.105(b).

For that reason, wehave added language to

subsection (a) to account

for the expanded applicability.

Additionally,

we have put an

exception in

a new subsection (h) to state that Part 742 may not be used in

lieu of the

requirements applicable to landfills.

B.

Subpart B

Amendments to

Subpart B include:

additional definitions;

changes to the

incorporations by reference; a new method to determine the natural organic carbon

content of soil; an amendment to

Section 742.220(b) that

arose after a discussion with

USEPA wherein we learned that the requirement not

to exceed the soil

saturation limit

only applies to liquid chemicals for the soil component ofthe groundwater ingestion

route, as was the case for the inhalation route; and changes

to Section

742.225 that

furthe; flesh out the issue of compositing ofsamples.

C.

Subpart C

Amendments to

Subpart C include:

deleting language in

Section

742.305(e),

since

no alternative method exists to determine the characteristics oftoxicity; and changing one

of the requirements for excluding the groundwater ingestion

exposure route in Section

742.320(d).

Current language in Section 742.320(d) requires that

if a party is using a

groundwater ordinance to

exclude the groundwater ingestion exposure

route, the

5

---

ordinance must

apply to the entire area 2,500 feet around the source of the release.

This

distance was originally proposed to correspond with the maximum setback zone for a.

community water supply well.

However, the requirement precluded certain

sites from

using that section ofTACO because a site may

fall within the municipal boundaries for

which there is an acceptable groundwater ordinance, but the required 2,500

foot radius

around the source ofthe release may extend outside ofthe municipal boundary.

This

would typically happen where a site is located close to

a municipal boundary line.

If no

ordinance existed outside the municipal boundary (whether it was for another

municipality or a county ordinance), then Section 742.320 could not be used to exclude

the pathway.

Therefore, we changed the requirement to

be an area within the measured

and modeled extent ofgroundwater contamination above Tier

1

groundwater objectives.

D.

SubpartD

Changes to this

Subpart are non-substantive.

The changes simply reflect the

statutory language in italics rather than capital letters.

P.

SubpartE

There is only one

change in this Subpart,

and that

is to

Section 742.5

10(a)(5).

We

havenpanded

the pH table range from

4.5-8.0

to 4.5-9.0.

F.

Subpart H

This

Subpart also had one minor change.

The change was to Section

742.805(c)(1) and changed therange ofcontaminants from 2 to 33 insteadof 14.

G.

Subpart I

Changes to Section

742.900 are purely cleanup and non-substantive.

H.

SubpartJ

6

---

Changes to this

Subpart range in content from

adding or clarifying procedures to

account for scenarios we didn’t anticipate when we first drafted the rules to requiring the

use of Illinois EPA forms for various

institutional controls, which significantly decreases

the burden on the regulated community to craft forms themselves

and also

substantially

decreases the Illinois EPA’s review time ofthe documents.

Many changes to this

Subpart are designed to clearly define the Illinois EPA’s

intent behind the original

language, which some parties found to be vague as originally

drafted,

Additionally, we have attempted to more clearlydelineate what we expect to be

included in the institutional controls that parties propose to use as part oftheir

remediation activities.

I.

Appendix A, Table E

The amendment to this table

is non-substantive.

It corrects a spelling error.

J.

Appendix A,

Table G

The amendment to this table

is non-substantive.

It merely removes a footnote that

should not have been there in the first place.

K.

Appendix A, Table H

This is

a new table, which adds background levels for polynuelear aromatic

hydrocarbons (“PNA”s).

Over the last

five years, the Illinois EPA has become aware of

these background levels for PNAs, which can occur as a result of the incomplete

combustion of organic material or a result ofother natural or anthropogenic activities.

Through Illinois EPA’s experience reviewing investigation reports

submitted via

the SRP, it became evident that PNAs were ubiquitous throughout much ofthe

State.

However, in order to meet

existing remediation objectives for certain PNAs, parties had

7

---

to remediate to levels below the naturally occurring levels. Once the Illinois EPA

became aware ofthe problem, we realized we needed further information in order to

quantify the levels ofPNAs.

In2001 and 2002, a study wasconducted by the CityofChicago in conjunction

with the U.S. Geological Survey (“USGS”) that assessedPNA levels in ambient soils.

Results of that study were presented by Tetra Tech Inc.

in the Polynuclear Aromatic

Hydrocarbon Background Study. City of Chicago, IL, which is a new incorporation by

reference in Section 742.210.

During that same period, the Electric Power Research

Institute

(“EPRI”) conducted an investigation ofPNAs in

soils statewide, but outside thó

City of Chicago.

Results ofthat study were published in Polycvclic Aromatic

Hydrocarbons (PAHs) in

Surface Soil in Illinois:

Background PAHs, which is also

a new

incorporation by reference

in Section 742.2 10.

The Illinois EPA used the results ofthose

two

studies to establish the new Table H, which sets

forth PNA background levels to be

used in the City of Chicago and in other populated areas.

L.

Appendix A, Table I

This was the old Table H,

which has been renamed Table I in order to insert the

new Table H discussed above.

The only other change to

this table was the deletion of

Beryllium, which is no longer thought to be carcinogenic by ingestion.

M.

Appendix B, Table A

This table

includes updates to the remediation objectives for a number ofthe

chemicals in the table.

It also adds nutrients to the table as well as somenew footnotes

relative to other changes throughout the rules (e.g., footnotew addresses the addition of

thePNA table in AppendixA).

8

---

One ofthe new footnotes, footnote x, has been added because there are a number

ofchemicals (28) that have industrial/commercial construction

worker inhalation

objectives that

are more stringent than the residential inhalation objectives listed

in

this

table.

Because TACO allows construction work on

residential properties, the table

needed to

account for this scenario in order to protect construction workers.

Therefore,

footnote x

is designed to apply the industrial/commercial construction worker inhalation

objective to residential settings.

N.

Appendix B, Table B

Changes to Appendix

B, Table B parallel the changes in Appendix

B, Table A but

are updates for soil objectives rather than groundwater objectives.

0.

Appendix B, Tables

C and D

A new contaminant,

lead, has been added to the pH tables.

P.

Appendix B, Tables E and F

Changes to

these two

tables merge ionizable organics in with the other organics

because there is no reason to

list them separately.

Additionally,

there are three chemicals

whose organic carbon partition coefficient

(“Koc”) values

fall below the threshold Koc at

which routine water treatment procedures might not remove the contaminant

from water.

Changes were made to

address this situation.

Finally, some typographical errors were

corrected for one ofthe chemicals.

Q.

Appendix

C, Table D

In addition to the heading change, which has occurred throughout the appendices

to make the title “Illustrations and Tables” consistent with the order in

which they appear

in the Table ofContents (i.e., illustrations come beforethe tables), there is also

a change

9

---

to

the symbol

for soil bulk density.

It was a typographical error we fixed

from Rho

subscript s to Rho

subscript b.

R.

Appendix

C. Table F

The Illinois EPA

amended this table to

reflect the changes we made in

Section

742.21 5(b)(l)(B).

S.

Appendix C, Table J

This table has been expanded to increase the number ofpH values up through the

9.0 range.

T.

Appendices D through H

These

five appendices are new and add

to the rules the forms and

model

institutional controls referenced in paragraph H above.

III.

AGENCY WITNESSES

AND

SYNOPSIS OF TESTIMONY

The Illinois EPA will

provide four witnesses who will be available to testify

at

hearing.

The witnesses include:

Gary King, Thomas Homshaw, Lawrence

Eastep, and

Gregory Dunn.

-

-

Gary King will provide testimony on

Sections 742.105, 742.110,

742.200,

742.415,

742.900, all changes to

Subpart J, Appendix A.Tables E and G, Appendix

B.Illustration A, Appendix C.IllustrationsA

through C and Tables A through K, and

Appendices D through H.

Thomas Hornshaw will provide testimony on

Sections

742.2 10,

742.220, 742.225, 742.5 10,

Appendix A.Table I, Appendix

B.Tables A through

F, and Appendix C.Tables E and J.

Gregory Dunn will provide testimony on Sections

742.2 15, 742.305, 742.320,

742.805, and Appendix C.Tables D and F.

Lawrence Eastep

will provide testimony on Appendix A.Table H and Appendix B.Table A.

10

---

The Illinois EPA will submit written testimony in

advance ofthe hearings

pursuant to any hearing officer order that follows this proposal.

The Illinois EPA

respectfully requests that

the Board consider allowing the oral testimony of the Illinois

EPA’s witnesses in

panel format rather than calling each individually.

The suggestion

has streamlined several regulatory hearings in the past and allows

the Illinois EPA to

more fully respond to

questions during the hearing, thereby promoting a more complete

hearing record.

As

a note to the Board, the Illinois EPA does not have a Notice or Service List for

purposes of this proposal.

Therefore, we are sending this proposal to the individuals

required by the Board’s procedural rules..

The Illinois EPA requests that once the Board

establishes Notice and Service lists for this rulemaking that it send those to the Illinois

EPA so

that we can properly serve parties with any future

submittals.

WHEREFORE, the Illinois EPA requests that the Board accept this proposal in its

entirety for hearing.

-

Respectfully submitted,

-

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

•

BZLA/~4LIl

/

Kimberly,A. Geving

Assistant Counsel

Division of Legal Counsel

DATED:

September 23,

2005

1021

North Grand Ave. East

P.O. Box

19276

Springfield, Illinois 62794-9276

(217) 782-5544

THIS FILING SUBMITTED

ON RECYCLED PAPER

11

---

TITLE

35:

ENVIRONMENTAL PROTECTION

SUBTITLE G:

WASTE DISPOSAL

CHAPTER I:

POLLUTION CONTROL BOARD

SUBCHAPTER

f:

RISK BASED CLEANUP

OBJECTIVES

PART 742

TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES

SUBPART

A:

INTRODUCTION

Section

742.100

Intent and Purpose

742.105

Applicability

742.110

Overview ofTiered Approach

742.115

KeyElements

742.120

Site Characterization

SUBPART B:

GENERAL

Section

742.200

Definitions

742.205

Severability

742.210

Incorporations by Reference

742.2 15

Determination of Soil Attenuation Capacity

742.220

Determination ofSoil

Saturation Limit

742.225

Demonstration ofCompliance with Rèmediation Objectives

742.230

Agency Review and Approval

SUBPART C:

EXPOSURE ROUTE EVALUATIONS

Section

742.3 00

Exclusion ofExposure

Route

742.305

Contaminant Source and Free Product Determination

742.310

Inhalation Exposure Route

742.315

Soil Ingestion Exposure Route

742.320

Groundwater Ingestion Exposure Route

SUBPART

D:

DETERMINING AREA BACKGROUND

Section

742.400

Area Background

742.405

Determination ofArea Background for Soil

742.410

Determination ofArea Background for Groundwater

742.4

1.5

Use of Area Background Concentrations

---

SUBPART

E:

TIER

1

EVALUATION

Section

742.500

Tier

1 Evaluation Overview

742.505

Tier

1

Soil and Groundwater Remediation Objectives

742.510

Tier

1

Remediation Objectives Tables

SUBPART

F:

TIER 2 GENERAL EVALUATION

Section

742.600

Tier 2 Evaluation Overview

742.605

Land Use

742.6 10

Chemical and Site Properties

SUBPART

G:

TIER 2

SOIL EVALUATION

Section

742.700

Tier 2 Soil Evaluation Overview

742.705

Parameters for Soil Remediation Objective Equations

742.7 10

SSL Soil Equations

742.715

RBCA Soil Equations

742.720

Chemicals with Cumulative Noncarcinogenic Effects

SUBPART

H:

TIER 2

GROUNDWATER EVALUATION

Section

742.800

Tier2

Groundwater Evaluation Overview

742.805

Tier 2 Groundwater Remediation Objectives

742.810

Calculations

to Predict Impacts from Remaining Groundwater Contamination

SUBPART

I:

TIER

3

EVALUATION

Section

-

742.900

Tier 3

Evaluation Overview

742.905

Modifications ofParameters

742.910

Alternative Models

742.915

Formal Risk Assessments

742.920

Impractical Remediation

742.925

Exposure Routes

742.930

Derivation ofToxicological Data

SUBPART J:

INSTITUTIONAL CONTROLS

Section

742.1000

Institutional

Controls

---

742.1005

No Further Remediation Letters

742.1010

Environmental

Land Use Controls

742.1012

Federally Owned Property:

Land Use Control MemorandaMcmorandums of

Agreement

742.1015

Ordinances

742.1020

HighwayAuthority Agreements

SUBPART

K:

ENGINEERED BARRIERS

Section

742.1100

Engineered Barriers

742.1105

Engineered Barrier Requirements

APPENDIX A

General

ILLUSTRATION A

Developing Soil Remediation Objectives Under the Tiered Approach

ILLUSTRATION B

Developing Groundwater Remediation Objectives Under the Tiered

Approach

TABLE A

Soil Saturation Limits (Csat) for Chemicals Whose Melting Point is Less than

30°C

TABLE B

Tolerance Factor (K)

TABLE C

Coefficients

AN.j+j

for W Test ofNormality, for N=2(l)50

TABLE D

Percentage Points of the W Test for n3(l)50

TABLE E

Similar-Acting Noncarcinogenic Chemicals

TABLE F

Similar-Acting Carcinogenic Chemicals

TABLE G

Concentrations of Inorganic Chemicals in Background Soils

TABLE H

Concentrations ofPolynuclear Aromatic Hydrocarbon Chemicals In

Background Soils Chemicals \Vhoco Tier

1

Clans I Croundwater Rcmcdiation

Objective Exceeds the

1

in 1,000,000 Cancer Risk Concentration

TABLE

I

Chemicals Whose Tier

1

Class I Groundwater Remediation Objective Exceeds

the I in

1.000.000 Cancer Risk

Concentration

APPENDIX B

Tier

1

Illustrations and Tables and illustrations

ILLUSTRATION A

Tier

1

Evaluation

TABLE A

Tier

1

Soil Remediation Objectives for Residential Properties

TABLE

B

Tier

1

Soil Remediation Objectives for IndustriaL/Commercial Properties

TABLE

C

pH

Specific Soil Remediation Objectives for Inorganics

and Ionizing Organics

-

for the Soil Component of the Groundwater Ingestion Route (Class I

Groundwater)

TABLE D

pH Specific Soil Remediation Objectives for Inorganics and Ionizing Organics

for the Soil Component ofthe Groundwater IngestionRoute (Class II

Groundwater)

TABLE E

Tier

1

Groundwater Remediation Objectives

for the Groundwater Component of

the Groundwater Ingestion Route

TABLE F

Values Used to

Calculate the Tier I

Soil Remediation Objectives for the Soil

Component of the Groundwater Ingestion Route

---

APPENDIX C

Tier 2 illustrations and Tables and illustrations

ILLUSTRATION A

Tier 2 Evaluation for Soil

ILLUSTRATION B

Tier 2 Evaluation for Groundwater

ILLUSTRATION C

US Department ofAgriculture Soil Texture Classification

TABLE A

SSL Equations

TABLE B

SSL Parameters

TABLE C

RBCA Equations

TABLE D

RBCA Parameters

TABLE E

Default Physical and Chemical Parameters

TABLE F

Methods for Determining Physical Soil Parameters

TABLE G

Error Function (en)

TABLE H

Q/C Values By Source Area

TABLE I

K00 Values for Ionizing Organics as a Function ofpH (cm3/g or L/kg or

cni3watjgs0jj)

TABLE J

Values

to be Substituted for k~

or k~when

Evaluating Inorganics as a Function

ofpH (cm3/g or 11kg or cm3w~~Jg~ji)

TABLE K

Parameter Estimates for Calculating Water-Filled Soil Porosity

(Ow)

APPENDIX D

Highway Authority Agreement

APPENDIX E

Highway Authority Agreement Memorandum of Agreement

APPENDIX F

Environmental

Land Use Control

APPENDIX G

Model Ordinance

APPENDIX H

Memorandum of Understanding

AUTHORITY:

Implementing Sections 22.4, 22.12, Title XVI, and Title XVII and authorized by

Sections 27 and

58.5

ofthe Environmental Protection Act 415

ILCS

5/22.4,

22.12, 27, and

58.5

and Title XVI and Title XVII.

SOURCE:

Adopted in R97-12(A) at 21

ill. Reg.

7942,

effective July I, 1997; amended in R97-

12(B) at 21

ill. Reg.

16391, effective December

8,

1997;

amended in R97-12(C) at 22 Ill.

Reg.

10847, effective June 8,

1998; amended in R00-19(A) at 25 Ill.

Reg. 651, effective January 6,

2001; amended in

R00- 19(B) at 25

111. Reg.

10374,

effective August

15, 2001;

amended in R00-

19(C) at 26

Ill. Reg.

2683, effective February 5,2002; amended at

—

fll. Reg.

________

effective

________________________

NOTE:

Italics Capitalization indicates statutory language.

---

SUBPART

A:

INTRODUCTION

Section 742.105

Applicability

a)

Anyperson conducting remediation under one ofthe Illinois

Environmental

Protection Agency’s remediation programs,

including a person required to

perform an investigation pursuant to the Illinois Environmental

Protection Act

(415 ILCS

5)

(Act), may elect to proceed under this

Part to

the extent

allowedby

State or federal law and regulations and the provisions ofthis

Part and subject to

the exceptions listed in subsection (h) below.

A person proceeding under this Part

may do so to the extent such actions are consistent with the requirements of the

program under which site remediation is being addressed.

b)

This Part is to be used in

conjunction with the procedures and requirements

applicable to the following programs:

1)

Leaking Underground Storage Tanks (35 ill. Adm.

Code 731

and 732);

2)

Site Remediation Program

(35

ill. Adm.

Code 740); and

3)

RCRA Part

B Permits and Closure Plans

(35

Ill. Adm.

Code

724 and

725).

c)

The procedures in this

Part may not be used if their use would delay response

action to address imminent and substantial threats to human health

and the

environment.

This Part may only be used after actions to

address such threats

have been completed.

d)

This Part may be used to develop remediation objectives to protect

surface waters~

sediments

or ecological concerns, when consistent with the regulations of other

programs, and as approved by the Agency.

e)

A no fUrther remediation determination issued by the Agency prior to July

1,

1997

pursuant to

Section 4(y) ofthe Act or one of the programs listed

in subsection (b)

of this Section that approves completion ofremedial action relative to

a release

shall remain in effect in accordance with the terms ofthat determination.

f)

Site

specific groundwater remediation objectives determined under this Part for

contaminants ofconcern may exceed the groundwater quality standards

established pursuant to the rules promulgated under the illinois Groundwater

Protection Act (415 ILCS

55)

as long as done in accordance with Sections

742.805 and 742.900(c)(9).

(See 415

ILCS 5/58.5(d)(4)

g)

Where contaminants ofconcern include polychlorinated byphenyls (PCBs), a

person may need to evaluate the applicability ofregulations

adopted under the

Toxic Substances Control Act (15 U.S.C.

2601).

---

~j

This Part may not be used in lieu ofthe procedures and requirements applicable to

landfills under 35 Ill.

Adm. Code 807 or 811

through

814.

(Source:

Amended at

ill. Reg.

_________,

effective

______________________

Section 742.110

Overview ofTiered Approach

a)

This Part presents an approach for developing remediation objectives (see

Appendix A, illustrations A and B)

that include an option for exclusion of

pathways

from further consideration, use ofarea background concentrations as

remediation objectives

and three tiers for selecting applicable remediation

objectives.

An understanding of human exposure routes is necessary to properly

conduct an

evaluation under this approach.

In some cases, applicable human

exposure route(s) can be excluded from further consideration prior to

any tier

evaluation.

Selecting which tier or combination oftiers to be used to develop

remediation objectives is dependent on the site-specific conditions and

remediation goals.

Tier

1

evaluations and Tier 2 evaluations are not prerequisites

to

conducting Tier 3

evaluations.

b)

A Tier I evaluation compares the concentration of contaminants detected at a site

to

the corresponding remediation

objectives for residential and

industrial/commercial properties contained in Appendix B, Tables A,

B, C, D and

E.

To complete a Tier I evaluation, the extent

and concentrations of the

contaminants ofconcern, the groundwater class,

the land use classification,

human exposure routes

at the site, and, if appropriate, soil pH, must be known.

If

remediation objectives are developed based on industrial/commercial property

use, then institutional controls under Subpart

J are required.

c)

A Tier

2

evaluation uses

the

risk based equations from the Soil Screening Level

(SSL) and

Risk Based Corrective Action (RBCA) documents listed

in Appendix

C, Tables A and C,

respectively. In addition to the

information

that is required for

a Tier

1

evaluation, site-specific information is used to

calculateTier

2.

remediation objectives.

As in Tier

1, Tier 2 evaluates residential and

industriallcommercial properties

only.

If remediation objectives

are developed

based on industriallcommercial property use, then institutional controls under

Subpart J are required.

d)

A Tier 3

evaluation allows alternative parameters and factors, not available under

a Tier

1

or Tier 2 evaluation, to be considered when developing remediation

objectives.

Remediation objectives developed for conservation and agricultural

properties can only be developed under Tier 3.

e)

Remediation objectives maybe developed using area background concentrations

or any ofthe three tiers if the evaluation is conducted in accordance with

applicable requirements in Subparts

D

through

I.

When contaminant

concentrations do not exceed remediation objectives developed under one ofthe’

---

tiers or areabackground procedures under Subpart D, further evaluatipn underany

of the other tiers is not required.

(Source:

Amended at

Ill. Reg.

__________,

effective

________________________

SUBPART

B:

GENERAL

Section 742.200

Definitions

Except as stated in this Section,

or unless a different meaning of a word or term is clear from the

context, the definition of words or terms in this Part shall be the same as that applied to-the same

words or terms in the Act.

“Act” means the illinois Environmental Protection Act 415

ILCS

5

“ADL” means Acceptable Detection Limit, which is the detectable concentration

ofa substance that

is

equal to

the lowest appropriate Practical Quantitation

Limit

(PQL) as defined in this

Section.

“Agency” means the Illinois Environmental

Protection Agency.

“Agricultural Property” means any real property for which its present or post-

remediation use is for growing agricultural

crops for food or feed either as

harvested crops, cover crops or as pasture.

This definition includes, but is not

limited to, properties used for confinement or grazing of livestock or poultry and

for silviculture

operations.

Excluded from this definition are farm residences,

farm

outbuildings and

agrichemical facilities.

“Aquifer” means

saturated (with groundwater) soils

and geologic materials

which are sufficiently penneable to

readily yield economically useful quantities of

water to wells,

springs, or streams under ordinary hydraulic gradients.

(Illinois

Groundwater Protection Act 415

ILCS 55/3(a~1)

“Area Background” means

concentrations ofregulatedsubstances thatare

consistentlypresent in the environment in the vicinity ofa site thatare the result

ofnatural conditions or human activities,

and not the result solely of releases at

the site.

415

ILCS

5/58.2

“ASTM” means the American Society for Testing and Materials.

“Board” means the illinois Pollution Control Board.

“Cancer Risk” means a unitless probability of an individual developing cancer

from a defined exposure rate and frequency.

“Cap” means a barrier designed to prevent the infiltration ofprecipitation or other

surface water, or impede the ingestion or inhalation ofcontaminants.

---

“Carcinogen” means

a contaminant that is class~fledas a categoryAl

orA2

carcinogen by theAmerican

Conference of Governmental Industrial Hygienists;

a

category

I

or

2A/2B

carcinogen by the World Health Organization’s International

Agency for Research on

Cancer; a

“human carcinogen” or “anticipated human

carcinogen” by the United States Department ofHealth and Human Service

National

Toxicological Program; or a

categoryA or Bl/B2 carcinogen by the

United States Environmental Protection Agency

in the integrated risk information

system or afinal rule issued in

a FederalRegister notice by

the USEPA.

415

ILCS

5/58.2

“Class

I Groundwater” means groundwater that meets the Class I: Potable

Resource Groundwater criteria set forth in

35

Ill. Adm.

Code

620.

“Class

II Groundwater” means groundwater that meets the Class

II:

General

Resource Groundwater criteria set forth in 35

ill. Adm.

Code

620.

“Conservation Property” means any real property for which present or post-

remediation use is primarily for wildlife habitat.

“Construction Worker” means a person engaged on

a temporary basis to perform

work involving invasive construction

activities including, but not

limited to,

personnel performing demolition, earth-moving, building,

and routine and

emergency utility installation or repair activities.

“Contaminant of Concern” or “Regulated Substance of Concem” means

any

contaminant that is expected to bep~esent

at the site based upon past and current

land uses and associated releases that are known

to the

person conducting a

remediation

based upon reasonable

inquiry

415

ILCS

5/58.2

“County highway’ means countyhighway as defined in the Illinois Highway

Code, 605

ILCS

5.

“District road” means district road as defined in the illinois Highway Code, 605

ILCS

5.

“Engineered Barrier” means a barrier designed

or

verified using engineering

practices that limits exposure to or controls migration ofthe contaminants of

concem.

“Environmental Land Use Control” means an instrument that meets the

requirements ofthis Part and is placed in the chain of title to real property that

limits

or places requirements upon the use ofthe property for the purpose of

protecting human health or the environment, is binding upon the property owner,

heirs,

successors, assigns, and lessees, and runs in perpetuity oruntil the Agency

approves, in writing, removal ofthe limitation or requirement from the chain of

title.

---

“Exposure Route” means the transport mechanism by which a contaminant of

concern reaches a receptor.

“Federally Owned Property” means real property owned in feeby the United

States ofAmerica

on which institutional controls

are sought to be

placed in

accordance with this

Subpart.

“Federal Landholding Entity” means that federal

department, agency, or

instrumentality with the authority to occupy and control the day-to-day use,

operation and management of Federally Owned Property.

“Free Product” means a contaminant that

is present as

a non-aqueous phase liquid

for chemicals whose melting point is less than 30°C (e.g., liquid not dissolved in

water).

“015” means Geographic Information System.

“OPS” means Global Positioning System.

“Groundwater” means underground water which occurs within the saturated zone

and geologic materials where thefluidpressure in thepore space is equal to or

greater than atmospheric pressure.

415

ILCS

5/3.64

“Groundwater Quality Standards” means the standards for groundwater as set

forth

in 35

Ill. Adm. Code 620.

“Hazard Quotient” means the ratio of a single substance exposure level during a

specified time period to a reference dose for that substance derived from a similar

exposure period.

“Highway”

means

any public wayfor vehicular travel which

has

been laid out in

pursuance of any law ofthis

State, or ofthe Territory ofIllinois, or which has

been established by dedication, or used by the public as a highwayfor

15 years,

or which has been or may be

laid out and connect a subdivision orplatted land

with

a public highway and which

has

been dedicatedfor

the

use

ofthe owners of

the land included in the subdivision orplatted land where there has been an

acceptance and

use

under such dedication by such owners, and which has not

been vacated in pursuance of law.

The term

“highway” includes rights of way,

bridges,

drainage structures, signs, guard rails, protective structures and all

other structures and appurtenances necessary or convenientfor vehicular traffic.

A highway in

a rural area may be called a

“road”,

while

a highway in a

municipal area may be called a

“street”.

(illinois Highway Code 605

ILCS 5/2-

202)

“Highway Authority” means the illinois Department of Transportation

with

respect to a State highway;

the illinois State Toll Highway with respect to a toll

highway:

the County Board with respect to a county highway or a county unit

---

district road

~f

a discretionaryfunction is involvedand the County Superintendent

ofHighways ifa ministerialfunction is involved;

the Highway Commissioner with

respect to a township

or district road not in a county unit road district; or the

corporate authorities ofa municipality with respect to

a municipal street.

(illinois

Highway Code

605

ILCS

5/2-2 13)

“Human Exposure

Pathway” means a physical condition which may allow for a

risk

to human health based on the presence of all ofthe following:

contaminants

of concern; an

exposure route; and

a receptor activity at the point of exposure that

could result in

contaminant ofconcern intake.

“IndustriallCommercial Property” means any real property that does not meet the

definition ofresidential property, conservation property or agricultural property.

“Infiltration” means the amount ofwater entering into the ground as a result

of

precipitation.

“Institutional Control” means a legal mechanism for imposing a restriction on land

use, as described in Subpart J.

“Land Use Control Memoranda Memorandum3 ofAgreement” mean agreements

entered into between one

or more agencies ofthe United States and the illinois

Environmental Protection Agency that limit or place requirements upon the use of

Federally Owned Property for the purpose ofprotecting human health or the

environment.

“Man-Made Pathways” means

constructed

physical conditions

that may allowfor

the transport bfregulated substances including,

but not limited to,

sewers,

utility

lines,

utility vaults, buildingfoundations.

basements,

crawl spaces, drainage

ditches, orpreviously excavated andfilled areas.

415

ILCS 5/58.2

“Natural Pathways” means

natural

physical conditions that mayallowfor

the

transport ofregulatedsubstances including,

but not limited to, soil, groundwater,

sand seams and lenses,

and gravel seams and lenses.

415

ILCS 5/58.2

“Person” means an

individual,

trust, firm, joint stock company,joint venture,

consortium,

commercial entity,

corporation (including a government

corporation), partnership,

association, state, municipality,

commission, political

subdivision ofa state, or any interstate body including the United States

government and each department,

agency, and instrumentality of the United

States.

415

ILCS

5/58.2

“Point of Human Exposure” means the points at which human exposure to

a

contaminant of concern may reasonablybe expected to occur.

The point of

human exposure is at the source, unless

an institutional control limiting human

exposure for the applicable exposure routehas been or will be in place, in which

case the point ofhuman exposure will be the boundary ofthe institutional control.

---

Point of human exposure maybe at a different location than the point of

compliance.

“Populated Area” means (1) an

areawithin the boundaries of a municipalitythat

has

a population of 10,000 or greater based on the year 2000 ormost recent

census: or (2) an area less than three miles from the boundary of a municipality

that has a population of 10,000 or greater based on the year 2000 or most recent

census.

“Potable” means

Lenerally fit for human consumption in accordance with

accepted water supply principles and practices.

Illinois Groundwater Protection

Act 1415 ILCS

55/3i’h)l)

“PQL” means practical quantitation limit or estimated quantitation limit, which is

the lowest

concentration that can be reliably measured within specified

limits of

precision and

accuracy for a specific laboratory analytical method during routine

laboratory operating conditions

in accordance with

“Test Methods for Evaluating

Solid Wastes, PhysicallChemical Methods”, EPA Publication No. SW-846,

incorporated by reference in

Section 742.210.

When applied

to filtered water

samples, PQL includes the method detection limit or estimated detection limit in

accordance with the applicable method revision in:

“Methods for the

Determination of Organic Compounds

in Drinking Water”, Supplement II”,

EPA

Publication No. EPA/600/4-88/039;

“Methods for the Determination ofOrganic

Compounds

in Drinking Water, Supplement III”, EPA Publication No.

EPAIÔOO/R-95/1 31, all of which are incorporated by reference in Section

742.210.

“RBCA”

means Risk Based Corrective Action as defined in ASTM E-1739-95, as

incorporated by reference in Section 742.210.

“RCRA” means the Resource Conservation and Recovery Act of 1976 (42 UTS,CT

6921).

“Reference Concentration (RfC)” means an estimate of a daily exposure, in units

of milligrams

of chemical per cubic meter of air (mg/m(3)), to the human

population (including sensitive subgroups) that is likely to be without

appreciable

risk ofdeleterious effects during

a portion of a lifetime (up to approximately

seven years, subchronic) or for a lifetime (chronic).

“Reference Dose (RID)” means an estimate of a daily exposure,

in

units of

milligrams ofchemical per kilogram ofbody weight per day (mg/kg/d), to the

human population (including sensitive subgroups) that is likely to be without

appreciable risk ofdeleterious effects during a portion of a lifetime (up to

approximately seven years, subchronic) or for a lifetime (chronic).

“Regulated Substance” means

any hazardous substance as defined under Section

101(14) of the Comprehensive Environmental Response,

Compensation,

and

---

Liability Act of1980

(P.L.

96-510) andpetroleum products including crude oil or

any fraction thereof natural gas, natural gas

liquids, liquefied natural gas,

or

synthetic gas usableforfuel

(or mixtures ofnatural gas and such synthetic gas).

415

ILCS

5/58.2

“Residential

Property”

means any realproperty that is usedfor habitation by

individuals,

or

where children have the opportunity for exposure to contaminants

through soil

ingestion or inhalation at educational facilities, health care facilities,

child care facilities or outdoor recreational areas.

415

ILCS

5/58.2

“Right ofWay” means

the land,

or interest therein, acquiredfor or devoted to a

highway.

(illinois Highway Code)

605

ILCS

5/2-217))

“Similar-Acting Chemicals” are chemical substances that have toxic orharmful

effect on the same specific organ or organ

system (see Appendix A.Tables

E and

F for a list of similar-acting chemicals with noncarcinogenic and carcinogenic~

effects).

“Site”

means

any single

location, place, tract ofland orparcel ofproperty,

or

portion thereof including contiguousproperty separated by a public right-of-

way.

415

ILCS

5/58.2

“Slurry Wall” means a man-madebarrier made of geologic material which is

constructed to

prevent or impede the movement ofcontamination into a certain

area.

“Soil Saturation Limit (Q~)(Gfset~”

means the contaminant concentration at

which soil pore air and pore water are saturated with the chemical and the

adsorptive limits of the soil particles have been reached.

“Solubility” means a chemical specific maximum amount ofsolute that can

dissolve in a specific amount of solvent (groundwater) at a specific temperature.

“SPLP” means Synthetic Precipitation Leaching Procedure (Method 1312) as

published in “Test Methods for Evaluating Solid Waste, Physical/Chemical

Methods”, USEPA PublicationNo. SW-846, as incorporated by reference in

Section 742.210.

“SSL” means Soil

Screening Levels as defined in USEPA’s Soil Screening

Guidance:

User’s Guide and Technical

Background Document, as incorporated by

reference in Section 742.210.

“State highway” means state highway as defined in the illinois Highway Code,

605

ILCS

5.

“Stratigraphic Unit” means a site-specific geologic unit ofnative deposited

material and/or bedrock of varying thickness (e.g., sand, gravel, silt, clay, bedrock,

---

etc.).

A change in

stratigraphic unit is recognized by a clearly distinct contrast in

geologic material or a change in physical features within a zone of gradation.

For

the purposes ofthis Part,

a

change in stratigraphic unit is identified by one or a

combination of differences in physical features such as texture, cementation,

fabric, composition,

density, and/or permeability of the native material and/or

bedrock.

“Street” means street as defined in the Illinois Highway Code,

605

ILCS

5.

“TCLP” means Toxicity Characteristic Leaching Procedure (Method

1311) as

published in “Test Methods for Evaluating Solid Waste, Physical/Chemical

Methods”, USEPA PublicationNo. SW-846, as incorporated

by reference in

Section 742.210.

“Toll highway” means toll highway as defined in the illinois Highway Code, 605

ILCS

5.

“Total Petroleum Hydrocarbon (TPH)” means the additive total of all petroleum

hydrocarbons found in

an analytical sample.

“Township road” means township road as defined in

the illinois Highway Code,

605 ILCS

5.

“Volatile Organic Compounds (VOCs)” means organic chemical analytes

identified as volatiles

as published in

“Test Methods

for Evaluating Solid Waste,

Physical/Chemical Methods”, USEPA Publication No. SW-846 (incorporated by

reference in

Section 742.210), method numbers 8040, 8011,

8015B80l5,

3020,

802lB802l, 8030,8031, 3240,

8260B8260,

8315A8315,

and 8316.

For analytes

not listed

in any category in those methods, those analytes which have a boiling

point less than 200°Cand

a vapor pressure greater than 0.1

Ton (mm Hg) at 200

C.

(Source:

Amended at

Ill. Reg.

__________,

effective

________________________

Section 742.2 10

Incorporations by Reference

a)

The Board incorporates the followingmaterial by reference:•

ASTM. American Society for Testing and Materials,

100 Barr Harbor Drive. West

Conshohocken, PA

19428-2959.

(610) 832-9585.

1916 Race Street, Philadelphia,

PA

19103 (215) 299 5100.

ASTM D 2974-008.7, Standard Test Methods for Moisture, Ash and

Organic Matter ofPeat and

Other Organic Soils,

approved August 10,

2000 May29,

1937

~reapproved1995).

---

ASTM D 2488-0093, Standard Practice for Description and Identification

of Soils

(Visual-Manual Procedure), approved February

10, 2000

September

15,

1993.

ASTM D 1556-0090, Standard Test Method for Density and Unit Weight

of Soil in Place by the Sand-Cone Method, approved March 10, 2000 June

29,

1990.

ASTM D 2167-94, Standard Test Method for Density and Unit Weight of

Soil in Place by the Rubber Balloon Method, approved March 15,

1994.

ASTM

D 2922-019+, Standard Test Methods for Density of Soil and

Soil-

Aggregate in Place by Nuclear Methods

(Shallow Depth), approved

1BQ~

10,

2001

December23,

1991.

ASTM D 2937-00e194,

Standard Test Method for Density of Soil in Place

by the Drive-Cylinder Method, approved June

10, 2000 June

15,

1994.

ASTM D 854-0292, Standard Test Methods Method for Specific Gravity

of Soil Solids by Water Pycnometer Sei4s, approved July

10. 2002

November

15,

1992.

ASTM D 2216-9892, StandardTest Method forLaboratory Determination

ofWater (Moisture) Content ofSoil and Rock by Mass,

approved

February

10,

1998 June

15,

1992.

ASTM D 4959-QQ89,

StandiM Test Method for Determination ofWater

(Moisture)

Content of Soil by Direct Heating Method, approved March

10,

2000

June 30, 1989

(reapproved 1991).

ASTM I) 4643-0093, Standard Test Method for Determination of Water

(Moisture) Content of Soil by the Microwave Oven Method, approved

February 10, 2000July

15,

1993.

ASTM D 5084-~90,Standard Test Methods Method for Measurement of

Hydraulic Conductivity of Saturated Porous Materials Using a Flexible

Wall Permeameter, approved November 1, 2003

June 29,

1990.

ASTM D 422-63 (2002), Standard Test Method for Particle-Size Analysis

of Soils,

approved November 10,2002 November 21,

1963

(reapproved

1990).

ASTM D

1140-QQ92, Standard Test Methods Method for Amount of

Material in Soils Finer than the No: 200 (75 pm) Sieve, approved June

10,

2000 November

15,

1992.

---

ASTM D 3017-0188, Standard Test Method for Water Content of Soil and

Rock in Place by Nuclear Methods (Shallow Depth), approved June

10,

2001 May27,

1938.

ASTM D

4525-90

(2001), Standard Test Method for Permeability of

Rocks by Flowing Air, approved May 25,

1990.

ASTM D 2487-009;, Standard

Toot Method for Classification of Soils for

Engineering Purposes (Unified Soil Classification

System), approved

March

10. 2000 September 15,

1993.

ASTM E

1527-009;,

Standard Practice for Environmental Site

Assessments: Phase I Environmental Site Assessment Process, approved

May

10, 2000 March

15,

1993.

Vol.

11.04.

ASTM

E

1739-95 (2002). Standard Guide for Risk-Based Corrective

Action Applied at Petroleum Release Sites, approved September 10,

1995.

Barnes, Donald G. and Dourson, Michael.

(1988). Reference Dose (RiD):

Description and Use in Health Risk Assessments.

Regulatory Toxicology and

Pharmacology.

8, 47 1-486.

GPO.

Superintendent ofDocuments, U.S.

Government Printing Office,

Washington, DC 20401, (202) 783-3238.

USEPA Guidelines for Carcinogenic Risk Assessment,

51

Fed. Reg.

33992-34003

(September 24:1986).

“Test Methods for Evaluating Solid Waste, Physical/Chemical Methods”,

USEPA Publication number SW-846 (Third Edition, Final Update IILk,

April

1998), as amended by Updates I, hA, III, and mA (Document No.

955-001-00000-1).

“Methods forthe Determination of Organic Compounds in Drinking

Water”, EPA Publication No. EPA/600/4-88/039 (December 1988

(Revised July

1991)).

“Methods for the Determination ofOrganic Compounds in Drinking

Water.

Supplement I”,

EPA Publication No. EPA/600/4-90/020 (July

1990).

“Methods for the Determination of Organic Compounds in Drinking

Water,

Supplement II”, EPA PublicationNo. EPA/6001R-92/129 (August

1992).

---

“Methods

for the Determination of Organic Compounds

in Drinking

Water,

Supplement III”,

EPA Publication No. EPA/600/R-95/1 31

(August

1995).

“Guidance for Data Ouality Assessment, Practical Methods for Data Analysis,

EPA QA/G-9, OAOO Update,” EPA/600/R-96/084 (July 2000).

Available at

www.epa.gov/c~ua1ity/gs-docs/g9-fina1.pdf.

IRIS.

Integrated Risk

Information System, National Center for Environmental

Assessment, U.S.

Environmental Protection Agency, 26 West Martin Luther King

Drive, MS-l90, Cincinnati, OH

45268, (513) 569-7254.

“Reference Dose (RfD): Description and Use in Health Risk

Assessments”, Background Document 1A (March

15,

1993).

“EPA Approach for Assessing the Risks Associated with Chronic

Exposures to Carcinogens”, Background Document 2

(January 17,

1992).

Nelson, D.W., and L.E.

Sommers.

£1982).

Total carbon, organic carbon, and

organic matter.

In:

A.L. Page (ed.), Methods of Soil Analysis.

Part

2.

Chemical

and Microbiological Properties.

2nd Edition, pp.

539-579, American Society of

Agronomy.

Madison, WI.

NTIS.

National Technical

Information Service, 5285

Port Royal

Road,

Springfield, VA 22161, (703) 487-4600.

“Calculating Upper Confidezide Limits for Exposure Point Concentrations

at Hazardous Waste Sites,” USEPA Office of Emergency and Remedial

Response, OSWER 9285.6-10 (December 2002), PB 2003-104982.

“Dermal Exposure Asse6smcnt. Prinoiplea and Applioationn”,

EPA

Publication No.

EPA’600/8

91/01 lB (Janu~’

1992).

“Exposme Faetorü Handbook”, EPA Publication No. EPAJ600/8

39/013

(July

1939).

“Exposures

Factors Handbook. Vol.

I:

General Factors”, EPA Publication

No.

EPA/600/P-95/OO2Fa (August

1997).

“Exposures Factors Handbook. Vol.

II:

Food IngestionFactors”, EPA

Publication No.

EPAI600/P-95/QO2Fb

(August

1997).

“Exposures Factors Handbook, Vol.

III:

Activity Factors”, EPA

Publication No. EPAJ600/P-95/OO2Fc

(August 1997).

---

“Risk Assessment Guidance for SuperThnd, Vol.

L

~Human Health

Evaluation Manual, Supplemental

Guidance:

Standard Default Exposure

Factors”, OSWER Directive 9285.6-03 (March 1991).

“Rapid Assessment of Exposure to Particulate Emissions from Surface

Contamination Sites,” EPA Publication No. EPA/600/8-85/002 (February

1985),

PB 85-192219.

“Risk Assessment Guidance for Superfund, Volume I;

Human Health

Evaluation Manual (Part A)”, Interim Final, EPA Publication No.

EPA/540/l-89/002

(December

1989).

“Risk

Assessment Guidance for Superfund, Volume

I; Human Health

Evaluation Manual, Supplemental Guidance, Dermal Risk Assessment

Interim Guidance”, Draft (August

18,

1992).

“Risk Assessment Guidance for Superfluid, Vol.

I:

Human Health

Evaluation Manual (Part E,

Supplemental Guidance for Dernial Risk

Assessment)

Interim”, EPA Publication No. EPA/5401R/99/005

(September 2001).

“Soil Screening Guidance:

Technical Background Document”, EPA

Publication No. EPA/540/R-95/128, PB 96-963502 (May 1996).

“Soil Screening Guidance:

User’s Guide”, EPA Publication No.

EPA/5401R-96/018, PB 96-963505 (April

1996).

“Superfluid Exposure Assessment Manual”, EPA Publication No.

EPA/540/1-88/001 (April

1983).

“Supplemental Guidance for Developing Soil Screening Levels for

Superfund Sites”, OSWER Directive 93 55.4-24 (December 2002).

Polynuclear Aromatic

Hydrocarbon Background Study City ofChicago, Tetra

Tech Em Inc., 200

E.

Randolph Drive.

Suite 4700,

Chicago, IL 60601.

February

24, 2003.

Polynuclear Aromatic Hydrocarbons (PAHs) in

Surface Soil in Illinois:

Background PAHs, EPRI, Palo Alto, CA, We Energies, Milwaukee, WI,

and

IEPA. Springfield,

IL:

2004.

1011376.

EPRI.

3412 Hillview Avenue, Palo

Alto,

CA 94304,

(800) 313-3774.

RCRA Facility Investigation Guidance, Interim Final, developed by USEPA (EPA

530/SW-89-031),

4 volumes (May 1989).

United States Environmental Protection Agency. Office ofEnvironmental

Information (2000).

“Guidance forData Ouality Assessment, Practical Methods

---

for Data Analysis,” EPA QAIG-9, OAOO update.

EPA Publication No.

EPAI600/R-96-084.

(Available online at

www.epa.gov/oswer/riskassessment’pd6’ucl.pdf).

b)

CFR (Code ofFederal Regulations).

Available from the Superintendent of

Documents,

U.S. Government Printing Office, Washington, D.C. 20402

(202)783-3238:

40 CFR 761

(1998).

c)

This Section incorporates no later editions or amendments.

(Source:

Amended at

Ill. Reg. ________,effective

_____________________

Section 742.215

Determination of Soil Attenuation Capacity

a)

The concentrations of organic contaminants ofconcern remaining

in the soil shall

not exceed the attenuation capacity ofthe soil, as determined under subsection (b)

of this Section.

b)

The soil attenuation capacity is not exceeded if:

I)

The sum ofthe organic contaminant residual concentrations analyzed for

the purposes ofthe remediation program for which the analysis is

performed,

at each discrete sampling point, is less

than the natural organic

carbon fraction ofthe soil.

If the information relative to the concentration

of other organic contaminanthis available, such information shall

be

included in the sum.

The natural

organic carbon fraction (f~)shall be

either:

A)

A default value of 6000 mg/kg for soils

within the top meter and

2000 mg/kg for soils below one meter ofthe surface; or

B)

A site-specific value

as measured by the analytical method

referenced in Appendix C, Table F, appropriately adjusted to

estimate the fraction of organic carbon, as stated in ASThI D2971

&7,

Nelson and

Sommers (1982); orby

SW

816

Method 9060:

Total Organic

Carbon, a~

incorporated by reference in

Section

712.210

2)

The total petroleum hydrocarbon concentration is less than the natural

organic carbon fraction ofthe soil as demonstrated using a method

approved by the Agency.

The method

selected shall be appropriate for the

contaminants ofconcern to be addressed; or

3)

Another method,

approved by the Agency, shows that the soil attenuation

capacity is not exceeded.

---

(Source:

Amended at

Ill.

Reg.

__________,

effective

________________________

Section 742.220

Determination of Soil Saturation Limit

a)

For any organic contaminant that has

a melting point below 30°C,the remediation

objective for the inhalation exposure route developed under Tier 2 shall

not

exceed the soil saturation limit, as determined under subsection (c) ofthis

Section.

b)

For any organic contaminant that has

a melting point below 3 0°C,the remediation

objective under Tier2

for the,soil component ofthe groundwater ingestion

exposure route shall not

exceed the soil saturation limit, as determined under

subsection (c) ofthis

Section.

c)

The soil saturation limit shall be:

I)

The value listed

in

Appendix A,

Table A for that specific contaminant;

2)

A value derived from Equation S29 in Appendix C, Table A;

or

3)

A value derived from another method approved by the Agency.

(Source:

Amended at

Ill. Reg.

__________,

effective

________________________

Section 742.225

Demonstration ofCompliance with Remediation Objectives

Compliance is achieved if each sample result does not exceed that respective remediation

objective unless a person elects to

proceed under subsections (c), (d) and

(e) of this

Section.

a)

Compliance with groundwaterremediation objectives developed under Subparts

D through F and H through I shall be demonstrated by comparing the contaminant

concentrations of discrete

samples at each sample point to the applicable

groundwater remediation objective.

Sample points shall be determined by the

program

under which remediation is performed.

b)

Unless the person elects to composite samples or average sampling results as

provided in subsections (c) and (d) ofthis Section, compliance with soil

remediation objectives developed under Subparts D through G and I shall be

demonstrated by comparing the contaminant concentrations ofdiscrete samples to

the applicable soil remediation objective.

1)

Except as provided in subsections (c) and (d) of this

Section, compositing

of samples is not allowed.

2)

Except as provided in subsections (c) and (d) ofthis Section, averaging of

sample results is not allowed.

---

3)

Notwithstanding subsections (c) and (d) ofthis Section,

compositing of

samples

and averaging of sample results is not allowed for the

construction worker population.

4)

The number ofsampling points required to demonstrate compliance is

determined by the requirements applicable to the program under which

remediation is performed.

c)

If a person chooses to

composite soil samples or average soil sample results to

demonstrate compliance relative to the soil component ofthe groundwater

ingestion exposure route, the following requirements apply:

1)

A minimum oftwo sampling locations for every

0.5

acre of contaminated

area is required, with discrete samples at each sample location obtained at

every two feet ofdepth, beginning at six inches below the ground surface

for surface contamination and at the upper limit of contamination for

subsurface contamination and continuing through the zone of

contamination.

Alternatively, a sampling method

maybe approved by the

Agency based on an appropriately designed site-specific evaluation.

Samples obtained at or below the water table shall not be used in

compositing or averaging.

2)

For contaminants ofconcem other than volatile organic contaminants:

A)

Discrete samples from the sameboring maybe compositedj.~:

B)

Discrete sample results

from the same boring maybe averaged.

3)

For volatile organic contaminants:

A)

Compositing of samples is not allowed.

B)

Discrete sample resuith from the same boring may be averaged.

41

Composite samples may not be averaged.

An arithmetic average maybe

calculated for discrete samples

collected at every two feet ofdepth through

the zone ofcontamination as specified above in Section 742.225(c~(1).

•d)

If a person chooses to composite soil

samples or average soil sample results to

demonstrate compliance relative to

the inhalation exposure route or ingestion

exposure route, the followingrequirements apply:

1)

A person shall submit a sampling plan for Agency approval, based upon a

site-specific evaluation;

2)

For volatile organic compounds, compositing ofsamples

is not allowed;

and

---

3)

All samples

shall be collected within the contaminated area.

4j

Composite samples may not be

averaged.

Procedures specified in

“Calculating Upper Confidence Limits for Exposure Point Concentrations

at Hazardous Waste Sites”, USEPA Office of Emergency and Remedial

Response, OSWER 9285.6-10 (December 2002), as incorporated by

reference in Section 742.210, or an alternative procedure approved by the

Agency, shall be used to determine sample averages.

e)

When averaging under this Section, if no more than 1550

of sample results

are reported as “non-detect”,

“no contamination”, “below detection limits”, or

similar terms, such results

shall be included in the averaging calculations

calculation as one-halfe4the reported analytical detection limit for the

contaminant.

However, when performing a test for normal or lognormal

distribution for the purpose of calculating a 95

Upper Confidence Limit ofthe

mean for a contaminant, a person may substitute

for each non-detect value a

randomly generated value between, but not including, zero and the reported

analytical detection limit.

Ifmore than

1Z~$O

ofsample results are “non-

detect”, procedures specified in “Guidance for Data Quality Assessment, Practical

Methods for Data Analysis,

EPA QA/G-9,

OAOO Update”, EPAI600/R-96/084

(July 2000), as incorporated by reference in Section 742.2 10.

or an

alternative

procedure approved by the Agency shall be used to address the non-detect values.

or another statistically valid procedure approved by the Agency may be used to

determine an average.

All soil samples

collected after Augtist

15,

2001, shall be reported on a dry weight

basis for the purpose ofdemonstrating compliance, with the exception ofthe

TCLP

and SPLP

and the property pH.

(Source:

Amended at 25

Ill. Reg.

10374, effective August

15, 2001)

SUBPART

C:

EXPOSURE ROUTE EVALUATIONS

Section 742.305

Contaminant Source and Free Product Determination

No exposure route shall be excluded from consideration relative to a contaminantvfconcern

unless the following requirements are met:

a)

The sum of the concentrations of all organic contaminants ofconcern shall not

exceed the attenuation capacity of the soil as determined under Section 742.2 15;

b)

The concentrations of any organic contaminants of concern remaining in the soil

shall not

exceed the soil saturation limit as determinedunder Section 742.220;

c)

Any soil which contains contaminants ofconcern shall not exhibit any ofthe

characteristics ofreactivity for hazardous waste as determined under 35

Ill. Adm.

Code 72 1.123;

---

d)

Any soil which contains contaminants of concern shall not exhibit

a pH less than

or equal to 2.0 or greater than or equal to

12.5,

as determined by SW-846 Method

9040B: pH Electrometric for soils with 20

or greater aqueous (moisture) content

or by SW-846 Method 9045C:

Soil pH for soils with less than 20

aqueous

(moisture) content as incorporated by reference in Section 742.210;

e)

Any soil which contains contaminants of concern in the following list ofinorganic

chemicals or their salts shall not exhibit any ofthe characteristics of toxicity for

hazardous waste

as determined by 35

111. Adm.

Code 72 1.124,

or an altemutive

method approved by the Agency:

arsenic, barium, cadmium, chromium,

lead,

mercury, selenium or silver;

and

If contaminants of concern include polychiorinated biphenyls (PCBs), the

concentration ofany PCBs in the soil

shall not exceed 50 parts per million as

determined by SW-846 Methods.

(Source:

Amended at

Ill.

Reg.

_________,

effective

______________________

Section 742.320

Groundwater Ingestion Exposure Route

I

The groundwater ingestion exposure route may be excluded from consideration if:

a)

The requirements of Sections 742.300 and

742.305 are met;

b)

The corrective action measures have been completed to remove any free product

to the maximum extent practicable;~

c)

The source ofthe release is not located within the minimum

or designated

maximum setback zone or within a regulated recharge area ofa potable water

supply well;

d)

As demonstrated in accordance with Section 742.1015, for any area within the

measured and modeled extent of groundwater contamination above what would

otherwise be the applicable Tier

1

groundwater reniediation objectives, for any

area within 2500 foot from

the courco ofthe release, an

ordinance adopted by a

unit oflocal government is in place that effectively prohibits the installation of

potable water supply wells (and the use of such wells);

e)

As

demonstrated using Equation R26, in

Appendix C, Table C, in accordance

with Section 742.810, the concentration ofany contaminant of concern in

groundwater within the minimum or designated maximum setback zone of an

existing potable water supply well will meet the applicable Tier I groundwater

remediation objective;

and

As demonstrated using

Equation R26, in Appendix C, Table C, in accordance

with

Section 742.8 10,

the concentration of any contaminant ofconcem in

---

groundwater

discharging into a surface water will meet the applicable surface

water quality standard under 35

III. Adm. Code 302.

(Source:

Amended at

Ill. Reg.

_________,

effective

______________________

SUBPART

D:

DETERMINING AREA BACKGROUND

Section

742.415

Use ofArea Background Concentration

a)

A person may request that area background concentration

determined pursuant to

Sections 742.405

and 742.410 be used according to the provisions ofsubsection

(b) of this Section.

Such request shall address the following:

1)

The natural orman-made pathways ofany suspected off-site

contamination reaching the site;

2)

Physical and chemical properties of suspected off-site contaminants of

concern reaching the site;

and

3)

The location and justification of all background

sampling points.

b)

Except as specified in

subsections (c) and (d) of this Section,

an area background

concentration may be used as follows:

1)

To support a request to

exclude a chemical as a contaminant of concern

from further consideration

for remediation at a site due to its presence as a

result ofbackground

conditions; or

2)

As

a remediation objective for a contaminant of concern at a site in lieu of

an objective developed pursuant to the other procedures of this Part.

c)

An area background concentration shall not be used

in

the event that theAgency

has determined in writing that the background level for a regulated substance

poses an acute threat to

human health or the environment at the site when

consideringthe post-remedial action land use.

IN THE EVENT THAT THE

AGENCY HAS DETERMINED IN WRiTING THAT THE BACKGROUND

LEVEL FOR A REGULATED SUBSTANCE POSES AN ACUTE THREAT

TO

HUMAN HEALTH OR THE ENVIRONMENT AT THE

SITE WHEN

CONSIDERING THE

POST REMEDLM.J ACTION LAND USE. (Section

58.5(b)(3) of the Act)

d)

In the event that the concentration of a regulated substance ofconcern on the site

exceeds

a remediation objective adopted by the Board for residential land use,

the

property maynot be converted to residential use unless such remediation

objective or an alternative risk-basedremediation objective for that regulated

substance ofconcern is first achieved.

INTHE

EVENT THAT THE

CONCENTRATION OF A REGULATED SUBSTANCE OF CONCERN ON

---

THE SITE EXCEEDS

A REMEDL~TIONOBJECTWE S~OPTEDBY THE

BOARD FOR RESDENTL~L

LAND USE,

THE PROPERfl’ ~t&Y NOT BE

CO?~ERTEDTO RESIDENTL~L

USE UNLESS

SUCH REMEDL~T1ON

OBJECTIVE OR AN ALTERNATIVE RISK BASED REMEDIATION

OBJECTIVE FOR THAT REGULATED SUBSTANCE

OF CONCERN-IS

FIRST ACHIEVED.

If the land use is restricted, there shall be an institutional

control in place

in accordance with Subpart J. (Section 58.5(b)(2) ofthe Act)

(Source:

Amended at

Ill. Reg.

_________,

effective

______________________

SUBPART

E:

TIER

1

EVALUATION

Section 742.5 10

Tier

1

Remediation Objectives Tables

a)

Soil remediation objectives are listed

in Appendix B, Tables A,

B,

C and D.

1)

Appendix B, Table A is based upon residential property use.

A)

The first

column to the right of the chemical name lists soil

remediation objectives for the soil

ingestion exposure route.

B)

The second column lists the soil remediation objectives for the

inhalation exposure route.

C)

The third and fourth columns list soil remediation objectives for

the soil component ofthe groundwater ingestion exposure route for

the respective classe~

hf groundwater:

i)

Class I groundwater;

and

ii)

Class II groundwater.

D)

The final colunm lists the Acceptable Detection Limit (ADL), only

where applicable.

2)

Appendix B, Table B is based upon industriaJcommercial

property use.

A)

The first

and third columns to

the right ofthe chemical name list

the soil remediation objectives for the soil ingestion exposure route

based on two receptor populations:

i)

Industriallcommercial; and

ii)

Construction worker.

B)

The second and fourth columns

to the right ofthe chemical name

list the soil remediation objectives for the inhalation exposure

route based on two receptor populations:

---

i)

Industrial/commercial; and

ii)

Construction worker.

C)

The fifth and sixth columns to the right of the chemical name list

the soil remediation objectives for the soil component ofthe

groundwater ingestion

exposure route for two classes of

groundwater:

i)

Class I groundwater; and

ii)

Class II groundwater.

3)

Appendix

B, Tables

C and D set forth pH specific soil remediation

objectives for inorganic and ionizing organic chemicals for the soil

component ofthe groundwater ingestion route.

A)

Table C sets forth remediation objectives based on Class I

groundwater and Table D

sets forth remediation objectives based

on Class II groundwater.

B)

The first column

in Tables C and D lists the chemical names.

C)

The second through ninth columns to the right ofthe chemical

names list the pH based soil remediation objectives.

4)

For the inorganic chemicals listed in Appendix B, Tables A and B, the soil

component ofthe groundwater ingestion exposure route shall be evaluated

using TCLP (SW-846 Method 1311) or SPLP (SW-846 Method

1312),

incorporated by reference at Section 742.2 10 unless a person chooses to

evaluate the soil

component on the basis ofthe total amount of

contaminant in

a soil sample result in accordance with subsection

(a)(5) of

this

Section.

5)

For those inorganic and ionizing organic chemicals listed

in Appendix B,

Tables C and D, if a person elects to evaluate the soil component ofthe

groundwater ingestion exposure routebased on the total amount of

contaminant in

a soil sample result (rather than TCLP

or SPLP

analysis),

the person shall detennine the soil pH at the site and then select the

appropriate soil remediation objectives based on Class I and Class II

groundwaters from Tables

C and D, respectively.

If the soil pH is less

than

4.5

or greater than 9.0

&O, then Tables C and D cannot be used.

6)

Unless one or more exposure routes are excluded from consideration under

Subpart

C, the most stringent soil remediation objective of the exposure

routes (i.e.,

soil ingestion exposure route, inhalation exposure route, and

soil

component ofthe groundwater ingestion exposure route) shall be

---

compared to the concentrations ofsoil contaminants of concernmeasured

at the site.

When using Appendix B,

Table B to

select

soil remediation

objectives for the ingestion exposure route and inhalation exposure route,

the remediation

objective shall be the more stringent soil remediation

objective ofthe industriallcommercial populations

and construction

worker populations.

7)

Confirmation sample results may be averaged or soil samples may be

composited in accordance with Section 742.225.

8)

Ifa soil remediation objective for a chemical is less than the ADL, the

ADL shall serve as the soil remediation objective.

b)

Groundwater remediation objectives forthe groundwater component of the

groundwater ingestion exposure route are listed

in Appendix B,

Table

E.

However, Appendix B, Table

B must be corrected for cumulative effect of

mixtures of similar-acting noncarcinogenic chemicals as set forth in

Section

742.505(b)(3).

1)

The first column

to

the right of the chemical name lists groundwater

remediation objectives for Class I groundwater,

and the second column

lists

the groundwater remediation objectives for Class

II groundwater.

2)

To use Appendix

B, Table E ofthis Part,

the 35

fll. Adm.

Code 620

classification for groundwater at the site shall be determined.

The

concentrations ofgroundwater

contaminants of concem at the site are

compared to

the applicable Tier

1

groundwater remediation objectives for

the groundwater component ofthe groundwater ingestion exposure route

in Appendix B, Table

E.

c)

For contaminants of concern not listed in Ap~iendix

B, Tables A, B and E,

a

person may request site-specific reniediation objectives from the Agency or

propose site-specific remediation objectives in accordance with 35 Ill. Adm.

Code

620, Subpart I ofthis Part, orboth.

(Source:

Amended at

Ill. Reg.

_________,

effective

______________________

SUBPART

H:

TIER 2 GROUNDWATER EVALUATION

Section 742.805

Tier 2 Groundwater Remediation Objectives

a)

To

develop a groundwater remediation objective under this Section that exceeds

the applicable Tier

1

groundwater remediation objective, or for which there is

no

TierI groundwater remediation objective, a person may request approval from

the

Agency if the personhas performed the following:

---

1)

Identified the horizontal and vertical extent of groundwater for which the

Tier 2 groundwater remediation objective is sought;

2)

Taken corrective action, to the maximum extent practicable to remove

any

free product;

3)

Using Equation R26 in accordance with

Section 742.810, demonstrated

that the concentration of any contaminant ofconcern in groundwater will

meet:

A)

The applicable Tier

1

groundwater remediation objective at the

point ofhuman exposure; or

B)

For any contaminant ofconcern for which there is no Tier

1

groundwater remediation objective, the concentration determined

according to the procedures specified in 35

Ill.

Adm.

Code 620 at

the point ofhuman exposure.

A person may request the Agency to

provide these concentrations or may propose these concentrations

under Subpart I;

4)

Using Equation R26 in accordance with Section 742.8 10, demonstrated

that the concentration ofany contaminant ofconcern in groundwater

within the minimum or designated maximum setback zone ofan

existing

potable water supply well will meet the applicable Tier

1

groundwater

remediation objective or~

if there is no Tier

1

groundwater remediation

objective, the concentration 4etermined according to the procedures

specified in 35

Ill. Adm.

Code 620.

A person may request the Agency to

provide these concentrations or may propose these concentrations under

Subpart I;

5)

Using Equation R26 in accordance with Section 742.810, demonstrated

that the concentration ofany contaminant of concern in groundwater

discharging into a surface water will meet the applicable water quality

standardunder 35

Ill. Adm.

Code 302;

6)

Demonstrated that the source of the release is not located within the

minimum or designated maximum setback zone or within a regulated

recharge area of an

existing potable water supply well;

and

7)

If the selected

corrective action includes an

engineered barrier as set

forth

in Subpart K to minimize migration ofcontaminant of concem from the

soil to

the groundwater, demonstrated that the engineered barrier will

remain in place for post-remediation landuse through an institutional

control as set forth in Subpart

3.

b)

A groundwater remediation objective that exceeds the water solubility of that

chemical (refer to Appendix C, Table E for solubility values)

is not allowed.

---

c)

The contaminants ofconcern for which a Tier

1

remediation objective has been

developed shall be included in

any mixture of similar-acting chemicals under

consideration in Tier 2.

The evaluation of 35111. Adm.

Code

620.615

regarding

mixtures ofsimilar-acting chemicals shall be considered satisfied for Class

I

groundwater at the point ofhuman exposure if either of the following

requirements

are achieved:

1)

Calculate the weighted average using the following equations:

X1

X2

x,

X,,

ave

WÔi~~

CUOx2

~

CUOx3

~

CUOXa

where:

Wave

=

Weighted Average

x1

through xa

=

Concentration ofeach individual contaminant at

the location ofconcem. Note that, depending on

the target organ, the actual number of

contaminants will range from 2

to 3344.

CUOxa

=

A Tier

1

or Tier2 remediation objective must be

developed for each

Xa.

A)

Ifthe value of the weighted average calculated in accordance with

the equations above is less than or equal

to

1.0, then the

remediation objectives- are met for those chemicals.

B)

If the value of the weighted average calculated in accordance with

the equations above is greater than

1.0, then additional remediation

must b~

carried out until the level of contaminants remaining in

the

remediated

areahave a weighted average calculated in accordance

with the equation above less than or equal to one; or

2)

Divide each individual chemicals remediation objective by the number of

chemicals in that specific target organ group that were detected at the site.

Each ofthe contaminant concentrations at the site is then compared to

the

remediation objectives that have been adjustedto account for this potential

additivity.

d)

The evaluation of 35

fli.

Adm.

Code 620.615 regarding mixtures of similar-acting

chemicals are considered satisfied if the cumulative risk from any contaminant(s)

ofconcem listed

in Appendix A, Table H,

plus any other contaminant(s) of

concern detected in groundwater and

listed in Appendix A, Table F as affecting

the same target organ/organ system as the contaminant(s) of concem detected

from Appendix A, Table H, does not exceed

1

in 10,000.

---

(Source:

Amended at

111. Reg.

_________,

effective

______________________

SUBPART

I:

TIER 3

EVALUATION

Section 742.900

Tier 3

Evaluation Overview

a)

Tier 3

sets forth a flexible framework to develop remediation

objectives outside of

the requirements ofTiers

1 and

2.

Although Tier

1

and Tier 2 evaluations are not

prerequisites to

conduct Tier 3

evaluations, data from Tier I and Tier 2 can assist

in

developing remediation

objectives under a Tier 3

evaluation.

b)

The level of detail required to adequately characterize a site depends

on the

particular use ofTier 3.

Tier 3

can require additional investigative efforts beyond

those described in Tier 2

to characterize the physical setting ofthe site.

However,

in situations where remedial efforts have simply reached a physical obstruction

additional

investigation may not be necessaxy for a Tier 3

submittal.

c)

Situations that can be considered for a Tier 3

evaluation include, but are not

limited to:

1)

Modification ofparameters not allowed under Tier 2;

2)

Use of models different from those used in Tier 2;

3)

Use of additional site data to

improve or confirm predictions of exposed

receptors to

contaminants of concem;

4)

Analysis ofsite-specific risks using formal risk assessment, probabilistic

data analysis, and sophisticated fate and transportmodels (e.g., requesting

a target hazard quotient greater than

1

or a target cancer risk greater than

1

in

1,000,000);

5)

Requests for site-specific remediation objectivesbecause an assessment

indicates further remediation is not practical;

6)

Incomplete human exposure pathway(s) not excluded under Subpart C;

7)

Use of toxicological-specific informationnot available from the sources

listed

in Tier 2;

8)

Land uses which are substantially different from the assumed residential or

industrial/commercial property uses of a site (e.g.,

a site will be used for

recreation in the future and cannot be evaluated in Ij~Tierz

1 or 2);

and

9)

Requests for site-specific remediation objectives that which exceed Tier 1

groundwater remediation objectives so long as the following is

demonstrated:

---

A)

To the extentpractical,

the exceedance of the groundwater quality

standard has been minimized and beneficial use appropriate to

the

groundwater

that was impacted has been returned; and

B)

Any threat to human health or the environment has been

minimized.

415

ILCS 5/58.5(4D)(4)(A)

d)

For requests of a target cancer risk rangingbetween

1

in

1,000,000 and

I in

10,000 at the point ofhuman exposure or a target hazard quotient greater than

1

at

the point ofhuman exposure, the requirements ofSection

742.915

shall be

followed.

Requests for a target cancer risk exceeding

1

in

10,000

at the point of

human exposure are not allowed.

e)

Requests for approval of a Tier 3

evaluation must be submitted to the Agency for

review under the specific program under

which remediation is performed.

When

reviewing a submittal under Tier 3, the Agency shall consider

whether the

interpretations

and conclusions reached are supported by

the information

gathered.

415

ILCS

58.7(e)(l).

The Agency shall

approve a Tier 3

evaluation if

the person submits

the information required under this Part and establishes

through such information that public health is protected

and that specified risks to

human health

and the environmenthave been minimized.

0

If contaminants of concem include polychiorinated biphenyls (PCB5), requests for

approval of a Tier 3

evaluation must additionally address the applicability of40

CFR 761.

(Source:

Amended at

fli.

Reg.

________,

effective

_____________________

SUBPART

3:

INSTITUTIONAL CONTROLS

Section 742.1000

Institutional Controls

a)

Institutional

controls in accordance with this

Subpart must be placed on the

property when remediation objectives are based on any of the following

assmnptions:

I

1)

IndustriaiiCommercial property use;

2)

Target cancer risk greater than

1

in 1,000,000;

3)

Target hazard quotient greater than

1;

4)

Engineered barriers;

5)

•The point of human exposure is located at a place other than at the source;

6)

Exclusion of exposure routes; or

---

7)

Any combination of the above.

b)

The Agency shall not approve any remediation objective under this Part that

is

based on the use of institutional controls unless the person has proposed

institutional

controls meeting the requirements of this

Subpart and the

requirements ofthe specific program under which the institutional control is

proposed.

A proposal far approval of institutional controls shall provide

identification ofthe selected institutional controls from

among the types

recognized in this

Subpart.

c)

The following instruments maybe institutional controls subject to

the

requirements of this Subpart

J and

therequirements ofthe specific program under

which the institutional control is proposed:

1)

No Further Remediation Letters;

2)

Environmental Land Use Controls;

-

3)

Land Use Control Memoranda Memorandums of Agreement;

4)

Ordinances adopted and administered by a unit of local government; ae4

5)

Agreements between a property owner (or, in the case of a petroleum

leaking underground storage tank, the owner or operator of the tank) and a

highway authority with respect to any contamination remaining under

highways~

and7

~j

Agreements between a highway authority, which is also the property

owner (or, in the case of a petroleum leaking underground storage tank,

the owner or operator of the tank) and the Agency with respect to any

contamination remaining under the highways.

d)

No Further Remediation Letters and Environmental Land Use Controls that meet

the requirements ofthis

Subpart and the recording requirements of the program

under which remediation is being performed are transferred with the property.

(Source:

Amended at

Ill. Reg.

_________,

effective

______________________

Section 742.1010

Environmental Land Use Controls

a)

An Environmental Land Use Control (ELUC) is an institutional control that may

be used under this

Part to impose land use limitations or requirements related to

environmental contamination.

ELUCs are only effective when approved by the

Agency in accordance with this Part.

Activities or uses that maybe limited or

required include, but are not limited to, prohibition ofuse of groundwater for

potable purposes, restriction to industrial/commercial uses, operation or

---

maintenance ofengineered barriers, or worker safety plans.

ELUCs may be used

in the following circumstances:

1)

When No Further Remediation Letters are not

available, including but not

limited

to when contamination has migrated off-site or outside the

remediation site; or

2)

When No Further Remediation Letters are not issued under the program

for which a person is undergoing rcmcdiaton remediation.

b)

Recording requirements:

1)

An ELUC approved by the Agency pursuant to

this Section must be

recorded in the Office ofthe Recorder or Registrar of Titles for the county

in which the property that

is the subject of the ELUC is located.

A

copy of

the ELUC demonstrating that it has been recorded must be submitted to

the Agency before the Agency will issue a no further remediation

determination.

2)

An ELUC

approved under this

Section will not become effective until

officially recorded in the chain of title for the property that is the subject of

the ELUC in

accordance with subsection (b)(1) ofthis Section.

3)

Reference to the recorded ELUC must be made in the instrument

memorializing the Agency’s no further remediation determination.

Recording ofthe no further remediation

determination and confirmation of

recording must be in

accordance with the requirements of the program

under which the determination was issued.

4)

The requirements ofthis

Section

do not apply to

Federally Owned

Property for which the Federal Landholding Entity does not have the

authority under federal law to

record landuse limitations on the chain of

title.

5)

The requirements ofthis

Section apply only to

those sites for which

a

request for a no further remediation determination has not yet been made

to

the Agency by January 6,

2001.

c)

Duration:

1)

Except as provided

in this subsection (c),

an ELUC shall remain in effect

in perpetuity.

2)

At no time shall any sitefor which an ELUC

hasbeen imposedas a result

of remediation activities

under

this Part

be used in

a manner inconsistent

with the land use limitation unless attainment ofobjectives appropriate for

the new land use

is

achieved

and a new

no

further remediation

---

determination has been

obtained and recorded in accordance with

the

program under which the ELUC

was first imposed or the Site Remediation

Program (35

HI. Adm.

Code 740).

415

ILCS 58.8(c).

In addition, the

appropriate release

or modification of the ELUC

must be prepared by the

Agency and filed on the chain oftitle for the property that

is the subject of

the ELUC.

-

A)

For a Leaking Underground Storage Tank (LUST) site under 35

Ill.

Adm.

Code 731

or 732 or a Site Remediation Program site under

35 Ill.

Adm.

Code 740,

an ELUC may be released or modified only

if the NFR Letter is also modified under the LUST or Site

Remediation Program to reflect the change;

B)

For a RCRA site under 35

111. Adm.

Code 721

730, an ELUC may

be released or modified

only if there is also by-an amended

certification of closure or a permit modification.

3)

In addition to

any otherremedies that maybe available,

a failure to comply

with the limitations or requirements of an ELUC may result in voidance of

an Agency no further remediation determination in accordance with the

program under which the determination was made.

The failure to

comply

with the limitations or requirements of an ELUC may also be grounds for

an enforcement abtion pursuant to Title VIII ofthe Act.

d)

An ELUC submitted to the Agency must match the form and contain the same

substance, except forvariable elemeiits

(e.g.. name ofproperty owner), as the

model in Appendix F and must contain the following elements:

1)

Name ofproperty owners and declaration ofproperty ownership;

2)

Identification of the property to which the ELUC

applies by common

address, legal description, and Real Estate Tax IndexlParcel Index

Number;

3)

A reference to the Bureau of Land LPC numbers

or 10-digit identification

numbers under which the remediation was conducted;

4)

A statement ofthe reason for the land use limitation or requirement

relative to protecting human health and the surrounding environment from

soil, groundwater, and/or other environmental contamination;

5)

The language instituting such land use limitations or requirements;

6)

A statement that the limitations

or requirements apply to the current

owners, occupants, and all heirs,

successors, assigns, and lessees;

---

7)

A statement that the limitations or requirements apply in perpetuity or

until:

A)

The Agency determines that there is no longer a need for the

ELUC; The Agency issues a new no th~erremediation

determination approving modification or removal of the limitations

or requirements; and

B)

The Agency, upon

written request, issues to the site that received

the no

further remediation determination that relies on the ELUC a

new no further remediation determination approving modification

or removal ofthe limitations

or requirements;

and A release or

modification ofthe land use limitation is

filed on the chain of title

for the property that is the subject ofthe ELUC

Q

The new no further remediation determination is filed on the chain

oftitle of the site subject to the no further remediation

determination; and

~j

A release or modification of the land use limitation is filed on the

chain oftitle for the property that is the subject of the ELUC

8)

Scaled site maps showing:

A)

The legal boundary ofthe property to which the ELUC

applies;

B)

The horizontal

and

veftical extent of contaminants ofconcern

above applicable remediation objectives for soil and groundwater

to which the ELUC applies;

C)

Any physical features to which an ELUC applies (e.g., engineered

barriers, monitoring wells, caps);

and

D)

The nature, location ofthe source, and direction of movement of

the contaminants ofconcern;

9)

A statement that

any information regarding the remediation performed on

the propertyfor which the ELUC is necessary may be obtained from the

Agency through a request under the Freedom ofInformation Act

5

ILCS

140

and rules promulgated thereunder;

and

10)

The dated, notarized signatures of the property owners or authorized agent.

(Source:

Amended at

—

Ill.

Reg.

________,

effective

_____________________

Section 742.1012

Federally Owned Property:

Land Use Control Memoranda Memorandums

of Agreement

---

a)

A Land Use Control Memorandum ofAgreement (LUC MOA) between one or

more agencies of the federal government and the fllinois Environmental

Protection Agency is

ffi~

m~

institutional control that ~jj

may be used under this

Part to impose land use limitations

or restrictions related to environmental

contamination on Federally Owned Property.

A LUC MOA may be used only for

Federally Owned Property.

Each LUC MOA, at a minimum, must require that the

Federal Landholding Entities responsible for the Federally Owned Property do

the

-

following:

1)

Provide adequate identification ofthe location on the Federally Owned

Property ofeach site with land use limitations or requirements.

Such

identification shall be by means of common address, notations

in any

available facility masterland useplan, site specific (US or GPS

coordinates, plat maps, or any other means which identifies the site in

question with particularity;

2)

Implement periodic site inspection procedures to ensure adequate

oversight by the Federal Landholding Entities of such land use limitation

or requirement;

3)

Implement procedures for the Federal Landholding Entities to periodically

advise the Agency ofcontinued compliance with the maintenance of the

land use control and site inspection requirements included in the LUC

MOA;

4)

Implement procedures for tEe-Federal Landholding Entities to notify the

Agency of any planned or emergency changes in land use that may

adversely impact any site with land use limitations or requirements; and

5)

Notify the Agency at least 60 days in advance ofa conveyance by deed or

fee simple title, by the Federal Landholding Entities, of a site(s) with land

use limitations or requirements, to any entity that will not remain or

become a Federal Landholding Entity, and provide the Agency with

information about how the Federal Landholding Entities will ensure that

the requirements of Section 742.101 0-are to be

satisfied upon conveyance

of that site(s).

b)

Any LUC MOA entered into pursuant to this Section remains effective only so

long as title to the affected property is retainedby the United States.

(Source:

Amended at

111. Reg.

~,

effective

_____________________

Section 742.1015

Ordinances

a)

An ordinance adopted by a unit oflocal government that effectively prohibits the

installation of potable water supply wells (and the use of such wells) may be used

as

an institutional control to meet the requirements of Section 742.320(d) or

---

742.805(a)(3) if the requirements of this

Section are met.

A model ordinance is

found in Appendix 0.

Ordinances prohibiting the installation ofpotable water

supply wells

(and the use ofsuch wells)

that do

not expressly prohibit the

installation of potable water supply wells (and the use of such wells) by units of

local government may be acceptable as institutional

controls if the requirements of

this

Section are met and a Memorandum ofUnderstanding (MOU) is entered into

under subsection (i) ofthis Section.

For purposes of this Section,

a unit of local

government is considered to be expressly prohibited from

installing and using

potable water supply wells only if theunit of local

government

is included in the

prohibition provision by name.

The prohibition required by this Section shall

satisfy the following requirements

at a minimum:

fl

The prohibition shall not allow exceptions for potable water well

installation and use other than for the adopting unit of local government

~j

The prohibition shall apply at all depths

and shall not be limited

to

particular aquifers

or other

geologic formations

~

Ifthe prohibition does not apply everywhere within the boundaries ofthe

unit oflocal

government, the limited area to

which the prohibition applies

shall be easily identifiable and clearly defined by the ordinance (e.g.,

narrative descriptions accompanied by maps with legends or labels

showing prohibition boundaries, narrative descriptions using

fixed,

common reference points such as street names).

Boundaries of

prohibitions

limited by area shall be fixed by the terms ofthe ordinance

and shall not be subject to change without amending the ordinance in

which the prohibition has been adopted (e.g., no boundaries defined with

reference to

zoning districts or the availability of the public water supply)

and

4.i

The prohibition shall not in any wayrestrict or limit the Agency’s approval

ofthe use of the ordinance as an institutional control pursuant to this

Part

(e.g., no restrictions based on remediation program participation,

no

restrictions on persons performing remediation within the prohibition area

who may use the ordinance).

b)

A request for approval of a local ordinance as an institutional control shall provide

the following:

1)

A copy of the ordinance restricting groundwater use certified by an official

ofthe unit oflocal government in which

the site is located that it is

a true

and accurate copyof the ordinance, unless the Agency and the unit oflocal

government have entered an agreement under subsection (i) of this

Section, in which case the request may alternatively reference the MOU.

The ordinance must demonstrate that potable use ofgroundwater

from

potable water supply wells is prohibited;

---

2)

A scaled map(s)

delineating the area and extent of groundwater

contamination modeled above the applicable remediation objectives

including

any measured data showing concentrations ofcontaminants of

concern in which the applicable remediation objectives are exceeded;

3)

A scaled map delineating the boundaries of all properties under which

groundwater is located which exceeds the applicable groundwater

remediation objectives;

-

4)

Information identifying the current owner(s) of each property identified in

subsection (b)(3) ofthis

Section;

and

5)

A copy ofthe proposed written notification submission

to the unit oflocal

government that adopted the ordinance and to the current owners

identified in subsection (b)(4) ofthis

Section that includes the following

information:

of the information rcquirod in subsections (b)(l) through

(bXl).

Within

15

days from the date the Agency’s no

further remediation

determination is recorded, the person who requested to use the ordinance

as

an institutional control must submit proof to the Agency of the notice to

the property owners identified in subsection (b)Q1).

~)

The name and address ofthe unit oflocal government that adopted

the ordinance

~)

The ordinance’s citation

Q

A description of the propertybeing sent notice by adequate legal

description, reference to a plat showing the boundaries of the

property, or by accurate street address

Pi

Identificationof the

partyrequesting

tQ

use the groundwater

ordinance as

an institutional control, and a statement that the party

has requested approval from the Agency to

use the ordinance as an

institutional control

~

A statement that use ofthe ordinance as

an institutional control

allows contamination above groundwater ingestion remediation

objectives to

remain in groundwater beneath the affected

properties, and that the ordinance strictly prohibits human and

domestic consumption of the groundwater

D

A statement as to the nature of the release and response action with

the site name, site address, and Agency site number or flhinois

inventory identification number; and

Q)

A statement that more information about the remediation site may

be obtained by contacting the party requesting the use of the

---

groundwater ordinance as an institutional control or by submitting

a FOIA request to the Agency.

c)

Written notification proposed pursuant to

subsection (b)(5) of this Section must

be

sent to

the unit of local

government that

adopted the ordinance

as well as all

current property owners identified in subsection (b)(4).

Each ofthe property

owners identified in subsection (b)(1) of this

Section and the unit of local

government must receive written notification from the party desiring to usc the

institutional control that groundwater romediation objectives have been approved

by the Agency.

Written proofthat the notification was

sent to

the unit oflocal

government

and the property owners of this notification shall be submitted to the

Agency within 45

days from the date the Agency’s no further remediation

determination

is recorded.

Such proofmay consist of the return card from

certified mail, return receipt requested, a notarized certificate of service, or a

notarized affidavit.

The hotifleation shall include:

-13

The name and address of the unit of local government

23

The citation to

the ordinance

33

A description ofthe property being sent notice by adequate legal

description

or by reference to

a plat showing the boundaries

4)

A statement that the ordinance restricting groundwater use has been used

by the Agency in reviewing a request for a groundwater remediation

objective

5)

A statement as to

the nature of the release and response action with the site

name, address, and Agency site number or illinois inventor; identification

number; and

6)

A statement as to

where more information maybe obtained regarding the

ordinance.

d)

Unless the Agency and

the unit oflocal government have

entered into a MOU

under subsection (i) ofthis Section,

the current owner or successors in interest of

a site who have received approval ofuse ofan ordinance as an

institutional

control under this Section shall:

1)

Monitor activities of the unit oflocal government relative to variance

requests or changes in the ordinance relative to the use of potable

groundwater at properties identified in subsection (b)(3) ofthis

Section;

and

2)

Notify the Agency ofany approved variance requests or ordinance

changes

within 30 days after the date such action has been approved.

---

e)

The information required in subsections (b)(1) through (b)(5) ofthis

Section and

the Agency letter approving the groundwater remediation objective shall be

submitted to the unit of local government.

Proofthat the information has been

filed with the unit oflocal government shall be provided to the Agency.

Any ordinance or MOU used as an institutional control pursuant to

this Section

shall

be recorded in the Office ofthe Recorder or Registrar of Titles of the county

in which the site is located together with the instrument memorializing the

Agency’s no further remediation determination pursuant to the specific program

within 45

days after receipt of the Agency’s no further remediation determination.

g)

An institutional control approved under this

Section shall not become effective

until

officiallyrecorded in accordance with subsection (t) ofthis Section.

The

person receiving the approval shall obtain and submit to the Agency within 30

days after recording a copy ofthe institutional control demonstrating that it has

been recorded.

h)

The following shall be grounds forvoidance of the ordinance as

an institutional

control and

the instrument memorializing the Agency’s no further remediation

determination:

1)

Modification ofthe ordinance by the unit of local government to

allow

potable use ofgroundwater;

2)

Approval of a site-specific request, such as a variance, to

allow potable use

of groundwater at a site identified in subsection (b)(3) ofthis Section; ec

3)

Violation of the terms ofan institutional control recorded under Section

742.1005 or Section 742.lOlOj~

4j

Failure to provide notification and proofof such notification pursuant to

subsection

(c) of this Section.

i)

The Agency and a unit of local government may enter into a MOU under this

Section if the unit oflocal government has adopted an ordinance satisfying

subsection (a) ofthis

Section and if the requirements of this subsection are met.

The MOU submitted to the Agency must match the form and

contain the same

substance as the model

in Appendix H and shall include the following:

1)

Identification of the authority ofthe unit of local government to

enter the

MOU;

2)

Identification ofthe legal boundaries, or equivalent, under which the

ordinance is applicable;

3)

A certified copy ofthe ordinance;

---

4)

A commitment by the unit of local government to notify the Agency ofany

variance requests or proposed ordinance changes

at least 30 days prior to

the date the local

government is scheduled to take action on the request or

proposed change;

5)

A commitment by the unit of local government to maintain

a registry of all

sites within the unit of local government that have received no further

remediation determinations pursuant to specific programs~

and

6)

If the ordinance does not expressly prohibit the installation ofpotable

water supply wells (and the use of such wells) by units of local

government, a commitment by the unit of local government:

A)

To review the registry of sites established under subsection

(i)(5)

ofthis

Section prior to siting potable water supply wells within the

area covered by the ordinance;

B)

To determine whether the potential

source ofpotable water may be

or has been affected by contamination left in place

at those sites;

and

C)

To take whatever steps are necessary to

ensure that the potential

source ofpotable water is protected from the contamination or

treated before it is used as a potable water supply.

(Source:

Amended at

ill. Reg.

_________,

effective

______________________

Section 742.1020

Highway Authority Agreements and Highway Authority Agreement

Memoranda ofAgreement

a)

An agreement with a highway authority may be used as an institutional control

where the requirements of this Section are met and the Agency has detennined

that no further remediation is required as to the property(ies) to which the

agreement is to apply.

Highway Authority Agreements submitted to the Agency

must match the form and contain the same substance, except for variable

elements, as the model in Appendix D.

b)

As

part of the agreement the highway authority

shall agree to:

1)

Prohibit the use ofgroundwater under the highway right ofway that

is

contaminated

above residential Tier

1

remediation objectives from the

release as a potable supply ofwater; and

2)

Limit access to

soil contamination under the highway right of way that is

contaminated above residential Tier I or construction worker remediation

objectives, whichever is less, from the release.

Access to

soil

---

contamination may be allowed if, during and after any access, public

health and the environment are protected.

c)

The agreement shall provide the following:

1)

Fully executed signature blocks by the highway authority and the owner of

the property (or, in the case ofa petroleum leaking underground storage

tarik, the owner or operator of the tank)

from which the release occurred;

2)

A scaled map delineating the area and extent of soil

and groundwater

contamination above the applicable Tier

1

remediation objectives or a

statement that either soil or groundwater is not contaminated above the

applicable Tier

1

residential remediation objectives;

3)

Information showing the concentration of contaminants ofconcern within

the zone in which the applicable Tier

1 remediation objectives are

exceeded;

4)

A stipulation of the information required by subsections (c)(2)

and (3) of

this

Section

in the agreement if it is not practical to obtain the information

by sampling the highway right-of-way; and

5)

Information identifying the highway authority havingjurisdiction.

d)

Highway Authority Agreements must be referenced in the instrument that

is to be

recorded on the chain oftitle for the remediation property.

e)

Violation of the terms ofan Agreement approved by the Agency as an

institutional

control under this Section shall be grounds for voidance ofthe

Agreement as an

institutional control and the instrument memorializing the

Agency’s no further remediation

determination.

f)

Failure to provide all ofthe information required in subsections (b) and (e) of this

Section will be grounds for denial ofthe Highway Authority Agreement as an

institutional

control.

g)

In instances where the highway authority is

also the property owner ofthe site,

a

Highway Authority Agreement may not be used.

In such cases, the highway

authority shall instead enter into a Highway Authority Agreement Memorandum

ofARreement (HAA MOA) between the highway authority and the Agency.

An

HAA MOA maybe used as art institutional control where the requirements of this

Section are met and the Agency has determined that no further remediation is

required as to the property(ies’) to which the agreement is to

apply.

HAA MOAs

submitted to the Agency must match the form and contain the same substance,

except for variable elements,

as the model in Appendix E.

h)

As part ofthe HAA MOA the highway authority shall agree to:

---

j)

Prohibit the use ofgroundwater under the highway right of way that

is

contaminated above residential Tier

1

or construction worker remediation

objectives, whichever are

less, from the release as a potable supply of

water; and

2)

Limit

access to soil contamination under the highway right of way that is

contaminated above residential Tier

1

or construction worker remediation

objectives, whichever are less,

from the release.

Access to

soil

contamination may be allowed if, during and after any access, public

health and the environment are protected.

The HAA MOA shall provide the following:

fl

Information identifying the site by common address or legal description or

both

~)

The Illinois Emergency Management Agency’s (JEMA) incident number

for the site, if one has been assigned

fl

A scaled map delineating the current and estimated future area and

extent

of soil and

groundwater contamination above the applicable Tier

1 or

construction worker remediation objectives, whichever are less, or a

statement that either soil or groundwater is not

contaminated above the

applicable Tier

1

residential remediation objectives

4)

Information preparedby the highway authority that lists

each contaminant

of concern that exceeds its Tier

1

residential or construction worker

remediation objective, its Tier

1

residential remediation objective, and its

concentrations within the zone where Tier

1 residential or construction

worker remediation objectives, whichever are less, are exceeded

5)

A scaled map prepared by the highway authority showing the area ofthe

highway authority’s right ofway that is

governed by the HAA MOA

~j

If samples have not been collected within the right of waybecause of

impracticability, a stipulation by the Parties that, based on modeling, soil

and groundwater contamination exceeding Tier

1

residential or

construction worker remediation objectives, whichever are less, does not

and will not extend beyond the boundaries ofthe right-of-way

2)

A stipulation by the highway authority that it has jurisdiction over the right

of way that gives it sole control over the use of the groundwater and access

to the soil located within or beneath the right ofway

~j

A stipulationby the highway authority that it agrees to limit access by

itself and others to

soil within the right ofway exceeding Tier

1

residential

or construction worker remediation objectives, whichever are less.

Access

---

may only be allowed if human health (including worker safety) and the

environment are protected during and

after any access.

The highway

authority may construct, reconstruct, improve, repair, maintain, and

operate a highway upon the right of way, or allow others to

do the sameby

permit.

The highway authority and

others using orworking in the right of

way under permit have the right to remove soil or groundwater from the

right ofway and dispose of the same in accordance with applicable

environmental laws and regulations.

The highway authority agrees to

issue

all permits

for work in the right of way. and make all

existing

permits for work in the right of way, subject to the following or

substantially similar conditions:

A)

As

a condition of this permit the permittee shall request the office

issuing this

permit to

identify sites in the right ofway where a

HAA MOA governs access to soil that exceeds the Tier

1

residential remediation objectives of 35 Ill.

Adm.

Code 742; and

B)

The permittee shall take

all measures necessary to protect human

health (including worker safety) and the environment during and

after any access to such soil

~)

A stipulation that the HAA MOA shall be referenced in the Agency’s no

furtherremediation determination issued

for the release(s)

W)

A’stipulation that the highway authority shall notify the Agency of any

transfer of jurisdictiOn over the right of way at least 30

days prior to the

date the transfer takes effect.

The HAA MOA shall be null and void upon

the transfer unless the transferee

agrees to

be bound by the agreement as if

the transferee were an original party to the agreement.

The transferee’s

agreementto be bound by the terms of the agreement shall be

memorialized at the time oftransfer as a rider to this agreement that

references the HAA MOA and is signed by the highway authority, or

subsequent transferor, and the transferee

JJJ

A stipulation that the HAA MOA will become effective on the date the

Agency issues a no further remediation determination for the felease(s).

It

shall remain effectiveuntil the right of way is demonstrated to be suitable

for unrestricted use and the Agency issues a new no further remediation

determination to reflect there is no longer a need for the l-IAA MOA, or

until

the agreement is otherwise terminated or voided

12)

A stipulation that in addition to

any other remedies that may be available,

the Agency may bring suit to enforce the terms of the HAA MOA or may,

at its

sole discretion,

declare the HAA MOA null and void if the highway

authority or a transferee

violates any term ofthe HAA MOA.

The

---

highway authority or transferee shall be notified in writing ofany such

declaration;

and

U)

A fully executed signature block by the highway authority and a block for

the Agency’s Director.

(Source:

Amended at

Ill. Reg.

_________,

effective

______________________

---

Section 742.APPENDIX A:

General

Section 742.TABLE E: Similar-Acting Noncarcinogenic Chemicals

Adrenal Gland

Central Nervous

System

Nitrobenzene

Butanol (Ingestion only)

l,2,4-Trichlorobenzene (Ingestion only)

Cyanide (amenable)

2,4-Dimethylphenol

Kidney

Endrin

Acetone (Ingestion only)

Manganese

Cadmium (Ingestion only)

2-Methyiphenol

Chlorobenzene

Mercury (Inhalation only)

Dalapon

Styrene (Inhalation only)

1,1 -Dichioroethane

Toluene (Inhalation only)

Di-n-octyl phthalate (Ingestion only)

Xylenes

(Ingestion only)

Endosulfan

Ethylbenzene

Circulatory System

Fluoranthene

Antimony

Methyl tertiary-butyl ether (Inhalation only)

Barium (Ingestion only)

Nitrobenzene

2,4-D

Pyrene

cis-l,2-Dichloroethylene (Ingestion only)

Toluene (Ingestion only)

Nitrobenzene

2,4,5-Trichlorophenol

trans-

1 ,2-Dichloroethylene (Ingestion only)

Vinyl acetate (Ingestion only)

2,4-Dimethyiphenol

Fluoranthene

Liver

Fluorene

Acenaphthene

Styréne (Ingestion only)

Acetone (Ingestion only)

Zinc

Butylbenzyl phthalate (Ingestion only)

Chlorobenzene (Ingestion only)

Gastrointestinal System

l,l-Dichloroethylene (Ingestion only)

Beryllium (Ingestion only)

Di-n-octyl phthalate (Ingestion only)

Endothall

Endrin

Hexachiorocyclopentadiene (Ingestion only)

Ethylbenzene

Methyl bromide (Ingestion only)

Fluoranthene

Methyl tertiary tertiray butyl ether (Ingestion only)

Methyl tertiary-butyl ether (Inhalation only)

Nitrobenzene

Picloram

Styrene (Ingestion only)

2,4,5-TP (Silvex)

Toluene (Ingestion only)

I ,2,4-Trichlorobenzene (Inhalation only)

2,4,5-Trichlorophenol

---

Immune System

2,4-Dichlorophenol

p-Chloroaniline

Mercury (Ingestion only)

Renroductive System

Barium (Inhalation only)

BOron (Ingestion only)

Carbon disulfide

2-Chiorophenol (Ingestion only)

1,2 Dibromo-3 -Chioropropane (Inhalation

only)

Dinoseb

Ethylbenzene (Inhalation only)

Methoxychlor

Phenol

Respiratory System

1 ,2-Dichloropropane (Inhalation only)

1 ,3-Dichloropropylene (Inhalation only)

Hexachiorocyclopentadiene (Inhalation only)

Methyl bromide (Inhalation only)

Naphthalene (Inhalation only)

Toluene (Inhalation only)

Vinyl

acetate (Inhalation only)

Cholii~esterase

Inhibition

Aldicarb

Carbofuran

Decreased Body Weight Gains

and Circulatory System Effects

Simazine

(Source:

Amended

at

fll. Reg. _________,effective

______________________

---

Section 742.APPENDIX A:

General

Section 742.TABLE G:

Concentrations of Inorganic Chemicals in Background

Soils

Chemical Name

.

Counties Within

Metropolitan

Statistical Area?

(mg/kg)

Counties Outside

Metropolitan

Statistical Areas

(mg/kg)

Aluminum

9.500

9.200

Antifnonv

4.0

3.3

Arsenic

13.0

11.3

Barium

110’

122

Beryllium

0.59

0.56

Cadmium

0.6

0.50

Calcium

9.300

5.525

Chromium

16.2

13.0

Cobalt

8.9

8.9

Conner

19.6

12.0

Cyanide

0.51

0.50

Iron

15.900

15.000

Lead

36.0

20.9

Maanesium

4.820

2.700

Man2anese

636

630

Mercury

0.06~

-

0.05

Nickel

18.0

13.0

Potassium

1.268

1.100

Selenium

0.48

0.37

Silver

0.55

0.50

Sodium

130

130.0

Sulfate

85.5

110

Sulfide

3.1

2.9

Thallium

0.32

0.42

Vanadium

25.2

25.0

Zinc

95.0

60.2

~BOARD

NOTE:

Counties within Metropolitan Statistical

Areas:

Boone,

Champaign, Clinton, Cook,

DuPage, Grundy, Henry, Jersey, Kane, Kankakee, Kendall, Lake, Macon, Madison, McHenry, McLean,

Menard, Monroe, Peoria, Rock Island, Sangamon,

St.

Clair, Tazewell, Will, Winnebago and Woodford.

(Source:

Amended at 25111. Reg.

651,

effective January 6,2001)

---

Section 742.APPENDIIX A:

General

Section 742.TABLE H:

Concentrations of Polynuclear Aromatic Hydrocarbon Chemicals in

Background Soils

Chemical Name

Chicagoa

mg/kg

Metropolitan

Areas1’

(mg/kg)

Non-Metropolitan

AreasC

(mg/kg)

2-Methylnaphthalene

0.14

0.29

Acenaphthene

0.09

0J3

0.04

Acenaphthylene

0.03

0.07

0M4

Anthracene

Q2i

442

41.4

Benzo(a)anthracene

II

L$

Q1~

Benzo(a)pyrene

1.3

2.1

0.98

Benzo(b)fluoranthene

U

2J

422

Benzo(g,h,i)perylene

0~8

1.7

0.84

Benzo(k)fluoranthene

0.99

1.7

0.63

Chrysene

1.2

2.7

1.1

Dibenzo(a,h)anthracene

0.20

0.42

0.15

Fluoranthene

2.7

4.1

1.8

Fluorene

0.10

.

411

4Q4

Indeno(1,2,3-c.d~yrene

0.86

-

16

051

Naphthalene

0X~4

0.20

0.17

Phenanthrene

1.3

2.5

0.99

Pyrene

1.9

3.0

1.2

a

Chicago means within the corporate limits ofthe City ofChicago.

1’

Metropolitan area means a populated area, as defined in Section 742.200, (other than the City

of Chicago) that

is located within any county in a Metropolitan Statistical Area listed in

Appendix A, Table 0, footnote a.

Non-Metropolitan area means a populated area, as defined in

Section 742.200, that is

not

located within any county in a Metropolitan Statistical Area listed in Appendix A, TableU.

footnote a.

(Source:

Added at

—

111.

Reg.

________,

effective

______________________

---

Section 742.APPENDIX A:

General

TABLE

1I:

Chemicals Whose Tier

1

Class I Groundwater Remediation Objective Exceeds the I

in

1,000,000 Cancer Risk Concentration

Class I Groundwater

1

in 1.000,000 Cancer

Remediation Objective

Risk Concentration

Chemical

(mE/U)

(mg/IA)

(mg/LI)

Aidrin

0.014

0.000005

0.014

Benzo(a)pyrene

0.0002

0.000012

0.00023

Bis(2-chloroethyl)ether

001

0.000077

0.01

Bis(2-ethylhexyl)phthalate (Di(2-

0.006

0.0061

0.0027

ethylhexyl)phthalate)

Carbon Tetrachloride

0005

000066

0.000

Chlordane

0.002

0.000066

0.00014

DDD

0.014

0.00023

0.014

DDE

0.01

0.00023

0.01

DOT

0.006

0.00023

0.006

Dibenzo(a,h)anthracene

0.0003

0.000012

00003

1,2-Dibromo-3-chloropropane

0.0002

0.00006!

0001

1,2-dibromoethane

0.00005

0.0000010

0.001

3,3’-Dichlorobenzidine

0.02

0.000 19

0.02

1,2-Dichloroethane

0.005

0.00094

0.0003

Dieldrin

0.009

0.0000053

0009

2,6—Dinitrotoluene

0.0003!

0.000!

0.00031

Heptachlor

0.0004

0.000019

0.013

Heptachlor epoxide

0.0002

0.0000094

0.0 15

Hexachlorolxnzene

0.00006

0.000053

000006

Aipha-HCH

0.0001!

0.000014

0.000111

Tetrachloroethylene

0.005

0.0016

0.0004

Toxaphene

0.003

0.000077

0.00086

Viny! chloride

0.002

0.000045

0.0002

Ionizable Organics

N-Nitrosodi-n-propy!amine

0.0018

0.000012

00018

Pentach!oropheno!

0.001

0.00071

0.000076

2,4,6-Trichlorophenol

0.01

0.007

0.01

Inor~anics

Arsenic

0.05

0.000057

0.001

Beryllium

0~Q04

0.00002

4004

(Source:

Amended at

111. Reg.

_________,

effective

______________________

---

Section 742.APPENDX

B: Tier I Illustrations and Tables and Illuitrations

Section 742.lllustration A:

Tier

1

Evaluation

SIto

~9h~ter~atio~

Residential

Property

Agricultural

or

Conservation

Receptors

Appendix

5. Table A

and Table

E

Objectives

_______________

Appendix

B, Tables C

& 0

Soil pH determinatIon if COC’~

have

p1-I

~s;:~:gt

solubility

Compare site data

to remediation objectives

and

determine:

1. Which

COOs are

below

the

Tier I

objective

2. Which

COO’s are

still of concern

3. Can

soil averaging or compositing

be used

~1~

Remediate

to

Tier

1

objectives

~1~

Determine

Tier

I

remediation

objectives

(i.e..

most

restrlctive’9alue

from the

three exposure

routes)

I

Industrial

or

Commercial

Property

.1.

Tier 3

Evaluation

Appendix

B.

Table

B

and

Table

E

Objectives

‘1~

‘1.

Tier 2 evaluation

for

all COO’s

not

eliminated

in

all

applicable

pathways

I

Tier 3 evaluation

for various

situations

No Further

Remediatlon

If all COC’c are

elIminated

(Institutional

controls required

for

industrlal/oomn,ercial

objectives)

(Source:

Amended at

Ill.

Reg.

________,

effective

---

Section

742.APPENDIIX

B:

Tier

1

Illustrations

and

Tables-and--Illustrations

Section

742.TABLE

A:

Tier

I

Soil

Remediation

Objectivesa

for

Residential

Properties

Exposure

Route-Specific

Values

for

Soils

Soil

Component

of

the

Groundwater

Ingestion

Exposure

Route

Values

CAS

No.

Chemical

Name

Ingestion

(mg/kg)

Inhalation

Class

I

(mg/kg)

(mg/kg)

..c

Class

II

AOL

(mg/kg)

(mg/kg)

2,900

*

83-32-9

J_Acenaphthene

4,70&’

67-64-I

Acetone

15972-60-8

Alachlor°

70000k7809’

~00000d

~b46b

2546

80

C

0.04

0.2

NA

116-06-3

Aldicarb°

;

C

0.013

0.07

NA

309-00-2

Aldrin

Ø•Ø4t

30

23,000b

.~c

0.5~

2.5

0.94

120-12-7

Anthracene

12000b

59,000

*

1912-24-9

Atrazine°

71-43-2

Benzene

2700b

0.066

0.33

NA

Ut

0.8~

0.03

---°

2

0:17

*

56-55-3

Benzo(a)anthracene

-

205-99-2

j

Benzo(b)fluoranthene

0.9”~

8

*

0.9’~

j

5

25

*

---

Exposure

Route-Specific

Values

for

Soils

Soil

Component

of

the

Groundwater

Ingestion

Exposure

Route

Values

CAS

No.

Chemical

Name

Ingestion

(mglkg)

Inhalation

(mg/kg)

Class

I

(mg/kg)

Class

II

(mg/kg)

ADL

(mg/kg)

207-08-9

Benzo(k)fluroanthene

9’

---‘

49

250

*

50-32-8

Benzo(a)pyrene

O.O9°~~

8

82

•

111-44-4

Bis(2-chloroethyl)ether

0.6t

0.2’~

O.0004c’

0.0004

0.66

117-81-7

Bis(2-ethylhexyl)phthalate

46’

3lOOO~

3,600

310~d

.

75-27-4

Bromodichloromethane

(Dichiorobromomethane)

10’

3ØØØS

0.6

0.6

*

75-25-2

Bromoform

8ft~

53’

0.8

0.8

*

71-36-3

Butanol

7g~0b

joooo~

16000~’

9304

3?

j

---‘

17b

17

j

NA

85-68-7

j

Butyl

benzyl

phthalate

930d

930d

*

86-74-8

Carbazole

0.6’

2.8

J

NA

1563-66-2

Carbofiiran°

390b

C

0.22

1.1

NA

160

*

75-15-0

Carbon

disulilde

7,800b

720~-’

32”

---

Exposure

Route-Specific

Values

for

Soils

Soil

Component

of

the

Groundwater

Ingestion

Exposure

Route

Values

CAS

No.

Chemical

Name

~

Ingestion

(mg/kg)

Inhalation

(mg/kg)

Class

I

Class

II

(mg/kg)

(mg/kg)

0.07

0.33

ADJ’l

(mg/kg)

56-23-5

Carbon

tetrachloride

5~

0.30

*

57-74-9

Chlordane

1.80

-

10

48

106-47-8

4-Chloroaniline

O,-Chloroaniline)

310b

,_~C

07b

0.7

108-90-7

Chlorobenzene

(M

onochlorobenzene)

1,600b

130La

1

6.5

124-48-I

Chlorodibromomethane

(Dibromochloromethane)

l,60(t

1300d

0.4

0.4

*

67-66-3

Chloroform

100”

0.30

0.6

2.9

218-01-9

Chrysene

88’

160

800

C

94-75-7

2,4-lY

780b

---C

1.5

7.7

75-99-0

Dalapon°

2300b

1

0.85

8.5

1

*

72-54-8

DDD

3’

C

io’

so

540

1

270

•

72-55-9

DDE

2’

*

---

Exposure

Route-Specific

Values

for

Soils

Soil

Component

of

the

Groundwater

Ingestion

Exposure

Route

Values

CAB

No.

Chemical

Name

Ingestion

(mg/kg)

Inhalation

(mg/kg)

Class

I

(mg/kg)

Class

11

(mg/kg)

ADL

(mg/kg)

50-29-3

DDT

2’

---“

32’

160

*

53-70-3

Dibenzo(a,h)anthracene

0.09

---‘

2

7.6

96-12-8

I,2-Dibromo-3-chloropropane

0.46’

l~1

0.002

0.02O~O02

*

106-93-4

~

1,2-Dibromoethane

(Ethylene

dibromide)

O.32’OM07S

0.06”-04P

0.0004

0.004

0.005

84-74-2

Di-n-butyl

phthalate

7,800”

2,300~

2.30O~

23~d

*

95-50-1

1,2-Dichlorobenzene

(o

—

Dichlorobenzene)

7,000”

~

560~

17

43

*

106-46-7

1

,4-Dichloroben2ene

(p

—

Dichlorobenzene)

---‘

11

,000~

2

II

91-94-1

3,3’-Dichlorobenzidine

1’

---‘

0007”

0.033

1.3

75-34-3

J

1,1-Dichioroethane

7,800”

1,300~A

J

23”

110

J

*

---

Exposure

Route-Specific

Values

for

Soils

Soil

Component

of

the

Groundwater

Ingestion

Exposure

Route

Values

CAS

No.

Chemical

Name

Ingestion

(mg/kg)

Inhalation

(mg/kg)

Class

I

(mg/kg)

Class

II

(mg/kg)

ADL

(mg/kg)

107-06-2

1,2-Dichloroethane

(Ethylene

dichioride)

7’

~

0.4’

0.02

0.1

*

75-35-4

1,1-Dichloroethylene

3.900”700”

290bx44~0d

0.06

03

156-59-2

cis-1,2-Dichloroethytene

780”

1,200~

0.4

1.1

156-60-5

trans-l,2-Dichloroethylene

1,600”

3,100~

0.7

34

*

78-87-5

1,2-Dichloropropane

9’

15b.A

0.03

0.15

*

542-75-6

I,3-Dichloropropene

(I

,3-Dichloropropylene,

c/s

+

trans)

6.4-’

,

1.1’—’

0.004’

~

0.02

0005

60-57-I

Dieldrin”

84-66-2

Diethyl

phthalate

0.04’

1’

0.004’

0.02

0.603

63,000”

47(t

470

*

105-67-9

2,4-Dimethylphenol

1,600”

~..C

9b

1

0.9’

j

---C

0.0008’

1

*

121-14-2

2,4-Dinitrotoluene

0.0008

0.250

---

Exposure

Route-Specific

Values

for

Soils

Soil

Component

of

the

Groundwater

Ingestion

Exposure

Route

Values

CAS

No.

Chemical

Name

Ingestion

(mg/kg)

Inhalation

(mg/kg)

Class

I

(mg/kg)

Class

11

(mg/kg)

ADL

(mg/kg)

606-20-2

2,6-D’mitrotoluene

0.9’

~~~0

o.ooor~

10000d

l0,000~

C

0.0007

0.260

117-84-0

Di-n-octyl

phthalate.

1~600b

10000d

.

115-29-7

Endosulfan°

470b

90

C

145-73-3

Endothall°

1600b

J

0.4

0.4

NA

72-20-8

Endrin

23b

C

1

*

100-41-4

Ethylbenzene

7,8W’

40&”

13

19

C

206-44-0

Fluoranthene

86-73-7

Fluorene

76-44-8

Heptachlor

3ldob

C

4300b

21,000

C

3100b

560b

2,800

C

0.1’

01’

23

110

0.871

3.3

1.005

II

*

1024-57-3

Heptachlorepoxide

0.07’

5’

0.7

1’

2

118-74-I

Hexachlorobenzene

0.4’

3

19-84-6

A!pha-HCH

(alpha-BHC)

0.1’

0.8’

0O0OS”~

0.003

0.0074

---

Exposure

Route-Specific

Values

for

Soils

Soil

Component

of

the

Groundwater

Ingestion

Exposure

Route

Values

CAS

No.

Chemical

Name

Ingestion

Inhalation

(mg/kg)

(mg/kg)

0.5’

J

---“-A

550”

Class

I

Class

11

(mg/kg)

(mg/kg)

0.009

Ø()47

400

2200d

AOL

(mg/kg)

58-89-9

Gam,na-HCH

(Lindanef

*

77-47-4

Hexachiorocyclopentadiene

*

67-72-1

Hexachloroethane

78”

C

05”

2.6

C

193-39-5

Indeno(1,2,3-c.t~pyrene

0.903!

---‘

14

69

78-59-1

Isophorone

15,600”

4600d

8”

8

160

780

72-43-5

Methoxychlor’

390”

*

74-83-9

Methyl

bromide

(Bromomethane)

I

19”

1Øk~A

02”

1.2

•

1634-044

Methyl

tertia~’-but’l

ether

780”

8,800~.~

0.32

0.32

*

0.2

*

i__________

75-09-2

Methylene

chloride

(IJichloromethane)

85’

13’

0.02’

95-48-7

2-Methylphenol

(o—Cresol)

3,900”

T

15”

15

1

*

j________

91-20-3

Naphthalene

1000b

l7oba

IS

j

~

98-95-3

1

Nitrobenzene

39b

92~

0,1M

0J

0.26

---

Exposure

Route-Specific

Values

for

Soils

Soil

Component

of

the

Groundwater

Ingestion

Exposure

Route

Values

CAS

No.

Chemical

Name

Ingestion

(mg/kg)

Inhalation

(mg/kg)

Class

I

(mg/kg)

Class

II

(mg/kg)

ADL

(mg/kg)

86-30-6

N-Nitrosodiphenylamine

130’

---C

it

5.6

S

621-64-7

N-Nitrosodi-n-propylaniine

0.09”~

---‘

0.00005’~

0.00005

0.0018

108-95-2

J

Phenol

2300ob~~®b

J

C

J

100

5

1918-02-I

Picloram°

5500”

---‘

2

20

NA

1336-36-3

Polychlorinated

biphenyls

(PCBs)’

0’

~c.h

2,300”

---‘

4,200”

b

•

129-00-0

Pyrene

21,000

*

122-34-9

Simazine°

390”

---‘

16,000”

1,500~

0.04

0.37

NA

100-42-5

Styrene

4

18

*

127-18-4

108-88-3

Tetrachloroethylene

(Perchloroethylene)

12’

11’

0.06

16,000”

650d.~A

12

0.3

5

Toluene

29

•

---

Exposure

Route-Specific

Values

for

Soils

Soil

Component

of

the

Groundwater

-

Ingestion

Exposure

Route

Values

CAS

No.

Chemical

Name

ingestion

(mg/kg)

Inhalation

(mg/kg)

Class

I

(mg/kg)

Class

II

(mg/kg)

AOL

(mg/kg)

8001-35-2

Toxaphene

0.6’

89’

31

IsO

C

120-82-I

I,2,4-Trichlorobenzene

780”

3,200~~x

5

53

C

71-55-6

1,1,1-Trichloroethane

---C

1200d

2

9.6

0.02

0.3

0.06

0.3

170”

170

o.oi~

0.07

*

79-00-5

1,1,2-Trichloroethane

310”

1500d

*

79-01-6

Trichloroethylene

58’

5’

108-05-4

Vinyl

acetate

78,000”

1Q00””

C

75-0

1-4

Vinyl

chloride

O.4&

0.28’

108-38-3

m-Xylene

I6,00&’l6O,000b

42od~

210

210

*

4I0d.~&

190

190

*

460&A

200

200

*

95-47-6

o-Xylene

16000b160000b

106-42-3

p-Xylene

16000k~0~0~

---

Exposure

Route-Specific

Values

for

Soils

Soil

Component

of

the

Groundwater

Ingestion

Exposure

Route

Values

CAS

No.

Chemical

Name

Ingestion

(mg/kg)

inhalation

(mg/kg)

Class

I

(mg/kg)

Class

II

(mg/kg)

ADL

(mg/kg)

1330-20-7

Xylencs

(total)

I6oO0”l6000~

320da

150

.

Ionizable

Organics

65-85-0

Benzoic

Acid

310,000”

---‘

400”~

4OO~

C

95-57-8

2-Chlorophenol

390”

53,000j

230”

---‘

4”.’

41

C

120-83-2

2,4-Dichlorophenol

i”’

v

51-28-5

2,4-Dinitrophenol

-

160”

---C

0.2”~

0.2

3.3

88-85-7

Dinoseb°

7~6

---C

0.34”

3.4’

C

87-86-5

Pentachlorophenol

3’~

~J

0.03°

0.14’

*

93-72-I

2,4,5-TI’

(Silvex)

630”

---‘

I

It

-

55’

C

95-954

2,4,5-TricMorophenol

7,800”

~

270”~’

J

1,400’

j

*

88-06-2

2,4,6

Trichlorophenol

58’

200’

0.2”~’

0.77’

j

0.66

---

Exposure

Route-specific

Values

for

Soils

Soil

Component

of

the

Groundwater

Ingestion

Exposure

Route

Values

CAS

No.

Chemical

Name

Inoiganics

Ingestion

(mg/kg)

Inhalation

(mg/kg)

I

Class

I

(mgJL)

Class

II

(mg/L)

ADL

(mg/kg)

I

~—~o.oo6’~

---o.o24~

S

7440-36-0

Antimony

30’

7440-38-2

Arsenic”~’

---I

750’

~--~0.05”

--0.2”

7440-39-3

Barium

5,500”

690,000”

~2.0m

.~-2.r

S

7440-41-7

Beryllium

160”

j

1,300’

=0.004’

—0.5’

7440-42-8

j

Boron

I6.000”~000’

2.0’

2.0w

*

744043-9

Cadmium”

78”~’~

1,800’

~O.0O5’

~~~0.050

•

7440-70-2

Calcium’

--J

---‘

---C

c

•

16887-00-6

Chloride

C

C

200’

200’

5

7440-47-3

J5hromium.

total

230”

270’

0~I’

S

16065-83-I

Chromium,

ion,

trivalent

120,000”

g

5

•

18540-29-9

Chromium,

ion,

hexavalent

230”

270’

~.

---

Exposure

Route-specific

Values