RECEIVEDCLERK’S OFFICE
STATE OF ILLINOISPollution Control Board

ILLINOIS ENVIRONMENTALiE~O3~
P10V032*
RECEIV
RECEIVED
IEPA 1130L

RECEIVED

CLERK’S OFFICE

BEFORE THE POLLUTION CONTROL BOARD

DEC 062005

OF THE STATE OF ILLINOIS

BIGGS BROTHERS SERVICE CENTER,

)

Petitioner,

)

PCB No. 06-

STATE OF ILLINOIS

Pollution Control Board

ILLINOIS ENVIRONMENTAL

)

(LUST Appeal

—

Ninety Day Extension)

PROTECTION AGENCY,

)

Respondent.

)

NOTICE

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board

James R. Thompson (‘enter

100 West Randolph Street

Suite 11-500

Chicago, IL 60601

Robert J. PuIfrey, Project Manager

United Science Industries

P.O. Box 360

6295 East Illinois Highway 15

Woodlawn, IL 62898-0360

PLEASE TAKE NOTICE that I have today filed with the office of the Clerk of the Pollution

Control Board a REQUEST FOR NII’4ETY DAY EXTENSION OF APPEAL

PERIOD,

copies of which

are herewith

served

upon you.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Special Assistant Attorney General

Division of Legal Counsel

1021 North Grand Avenue, East

P.O. Box 19276

Springfield, Illinois 62794-9276

217/782-5544

217/782-9143 (TDD)

Re~

Assistant Counsel

Dated: December 2, 2005

RCECEIVED

DEC

E~iç

062005

S OFFICE

BEFORE THE POLLUTION CONTROL BOARD

OF THE STATE OF ILLINOIS

p~fj~f~

~I~LNOIS

BIGGS BROTHERS SERVICE CENTER,

Petitioner,

)

PCBNo. 06- 0

ILLINOIS ENVIRONMENTAL

)

(LUST Appeal

—

Ninety Day Extension)

PROTECTION AGENCY,

Respondent.

)

REOUEST FOR NINETY DAY EXTENSION

OF APPEAL PERIOD

NOW COMES the Respondent, the Illinois Environmental Protection Agency (“Illinois

EPA”), by one of its attorneys, John J. Kim, Assistant Counsel and Special Assistant Attorney

General, and, pursuant to Section 40(a)(l) of the Illinois Environmental Protection Act

(415

ILCS 5/40(a)(l)) and 35 Ill. Adni. Code 105.208, hereby requests that the Illinois Pollution

Control Board (“Board”) grant an extension ofthe thirty-five

(35)

day period for petitioning for a

hearing to March 9, 2006, or any other date not more than a total of one hundred twenty-five

(125) days from the date of service of the Illinois EPA’s final decision. In support thereof, the

Illinois EPA respectfully states as follows:

On November 3, 2005, the Illinois EPA issued a final decision to the Petitioner.

(Exhibit A)

On November 15, 2005, the Petitioner made a written request to the Illinois EPA

for an extension of time by which to file a petition for review, asking the Illinois EPA join in

requesting that the Board extend the thirty-five day period for filing a petition to ninety days.

The final decision provided by the Petitioner indicates the decision was received on November 4,

2005. (Exhibit B)

The additional time requested by the parties may eliminate the need for a hearing

in this matter or, in the alternative, allow the parties to identify issues and limit the scope of any

hearing that may be necessary to resolve this matter.

WHEREFORE, for the reasons stated above, the parties request that the Board, in the

interest of administrative and judicial economy, grant this request for a ninety-day extension of

the thirty-five day period for petitioning for a hearing.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Respondent

Assistant Counsel

Special Assistant Attorney General

Division of Legal Counsel

1021 North Grand Avenue, East

P.O. Box 19276

Springfield, Illinois 62794-9276

217/782-5544

217/782-9143 (TDD)

Dated: December 2, 2005

ihis filing submitted on recycled paper.

ILLINOIS ENVIRONMENTAL

iE~O3~

PROTECTION AGENCY

B.P

1021 NORTH GRAND AVENUE

EAST,

P.O. Box 19276, SPRINGFIELD, ILLINOiS 62794-9276 —(217) 782-3397

JAMES R. THOMPSON CENTER, 100 WEST RANDOLPH, SUITE 11-300, CHICAGO, IL 60601 —(312) 814-6026

ROD R. BLAGOJEVICH, GOVERNOR

DOuGLAS P. Scorr, DIRECTOR

217/782-6762

NOV ~ REC’D

CERTIFIED MAJL

7004 2510

0001

6648 3568

P10V032*

Biggs Brothers Service Center

Attention: Sonny Biggs

2540 Kingshighway

Fairmont City, Illinois 62201

Re:

LPC #1634255004

—

St. Clair County

Fairmont City/Biggs Brothers Service Center

2540

Kingshighway

LUST Incident No. 990762 & 991840

LUST Technical File

Dear Mr. Biggs:

The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the Revised

Amended High Priority Corrective Action Plan (plan) submitted for the above-referenced

incident. This information, dated July 5, 2005, was received by the Illinois EPA on July 6, 2005.

Citations in this letter are from the Environmental Protection Act (Act) and 35 Illinois

Administrative Code (35 Ill. Adm. Code).

Pursuant to Section 57.7(c)(4)(D) of the Act and 35 Ill. Adm. Code 732.405(c), the plan is

rejected for the following reason(s):

The plan indicates that two different chemical oxidants, hydrogen peroxide and sodium

persulfate, will be addressed for potential alternative remedial technologies for this site.

However, the Illinois EPA does not currently consider sodium persulfate as an acceptable

remedial oxidant for LUST sites. Therefore, the Illinois EPA has the following concerns

with the plan/proposal for the use ofhydrogen peroxide as a potential chemical-oxidant

for remediation ofsoil and groundwater contamination:

Theoretical calculations need to be provided indicating the following:

Desired contaminant concentrations in soil and groundwater post

remediation;

.2.

Modeling for potential migration ofthe concentration left in the soil and

groundwater post remediation- modeling should take into consideration the soil

and groundwater contamination under the building as well;

Proposed technology will achieve the contaminant concentration desired

in items #1 and #2 listed above.

Rocxrow

—

4302 North Main Street, Rockford, IL 61103 — t81 5)

ELGIN

—595 South State, Elgin, IL 60123—1847) 608-,

BuREAU 0~

LAND-PEORIA

—7620 N, University St., Peoria, IL 61614— (31

SPRINGFIELD

—4500 S. Sixth Street Rd., Springlield, IL 62706—121’

MARION —

2309 W. Main

Harrison St., Des Plaines, 1160016— t847) 294-4000

ty Si., Peoria, IL 61614—1309) 693-5463

IS South First Street, Champaign, IL 61520— 217) 278-5800

Mafl Street, Collinsville, IL 62234—1618)346-5120

8) 993-7200

Page 2

Hydrogen peroxide is a proven alternative technology for remediation of

petroleum products. Therefore, it is unclear to the Illinois EPA as to the purpose

of a pilot study. A bench scale test with hydrogen peroxide can be conducted by

Orin, however please note that if the chosen technology for remediation for this

LUST site is other than hydrogen peroxide then the costs for the bench scale

testing will not be reimbursable. In addition, if the purpose for a pilot study is to

determine the radius of influence in the vadose zone and/or the groundwater then

a field pilot study may be necessary. Ifa pilot study is deemed necessary then it

shall consist oftwo (2) to three (3) injection points (maximum) within the most

contaminated soils/groundwater to determine if the target contamination

concentration will be achieved;

The plan fails to discuss the potential effects of obstacles that may inhibit or

influence the preferential pathway ofthe chemical oxidant once injected. This

would require an adequate cross-section map illustrating the excavation and the

free product trench;

The plan indicates if a pilot study is performed the injection points will begin at a

depth at 22’ below ground surface but fails to indicate the depth ofthe

“contaminant zone.” The injection of the chemical oxidant above the native

material is not approved since the excavation area was filled with clean backfill’

beginning at 15’ below ground surface; and

The plan indicates three (3) vent wells will be installed. However, the plan does

not include a discussion as to the purpose/necessity for the vent wells. It appears

that the vent wells may not be necessary considering the depth ofthe proposed

injections.

The plan proposes to replace five

(5)

groundwater monitoring wells with recovery wells

and utilize Petro-Trap EZY Skimmers in the recovery wells. However, according to the

information provided in the plan it does not appear that the wells need replaced or the use

of skimmers are necessary since the amount of free product being recovered is controlled

by using the SoakEase Socks and monitoring (including hand bailing ofnecessary).

Therefore, the replacement of the groundwater monitoring wells and use ofPetro-EZY

Skimmers is not approved at this time. In addition, if chemical oxidation ofthe

contamination is utilized then it does not appear necessary to treat free product

separately.

The plan does not include documentation that injection of the chemical, or the impact of

the treatment on existing soil and groundwater, will not cause an exceedence ofthe

primary drinking water regulations at

Ill. Adm. Code 611 during or after remediation

(Sections 12(a) and 12(d) of the Act and 35 III. Adm. Code 732.407(a)). Said

documentation must be submitted to the Illinois EPA’s Leaking Underground Storage

Tank Section as pan ofthe plan for review and approval. Further, you may be required

to submit an application for a permit to the Illinois EPA’s Underground Injection Control

Page 3

(UIC) Program, prior to injection, if an exceedence ofthe primary drinking water

regulations will result during or after remediatioñ. For additional information regarding

the UIC Program, please contact Bur Filson at 217/782-6070.

Please note that pursuant to 3511. Adm. Code Section 742-Appendix B includes a cleanup

objective for iron for the Soil Component ofthe Groundwater Ingestion Route and the

Groundwater Route of5 mg/L for both Class I and Class II groundwater. Calculations

will be necessary to indicate that the residual iron will not exceed the cleanup

objective(s).

Pursuant to Sections

57.7(a)(1)

and

57.7(c)(4)(D)

of the Act and 35 III. Adm. Code 732.405(e)

and 732.503(b), the associated budget is rejected for the following reason(s):

Pursuant

to Sections 57.7(a) and

573(c)(4)

ofthe Act and 35111. Adm. Code 732.405 and

732.503(b), the associated budget is rejected for the following reason:

A full financial review shall consist ofa detailed review of the costs associated with each

element necessary to accomplish the’ goals ofthe plan as required pursuant to the Act and

regulations. Items to be reviewed shall include, but not be limited to, costs associated

with any materials, activities, or services that are included in the budget plan. The

overall goal of the financial review shall be to assure that costs associated with materials,

activities, and services shall be reasonable, shall be consistent with the associated

technical plan, shall be incurred in the performance ofcorrective action activities, and

shall not be used for corrective action activities in excess ofthose necessary to meet the

minimum requirements ofthe Act and regulations (Section 57.7(c)(4)(C) ofthe Act and

35 Ill. Adm. Code 732.505(c)).

Without an approvable plan, the proposed budget cannot be fully reviewed.

The budget includes costs that lack supporting documentation (35 Ill. Adm. Code

732.606(gg)). A corrective action plan budget for a site clissified as high priority must

include, but not be limited to, an accounting of all costs associated with the development,

implementation, and completion of the applicable activities (Section 57.7(c)(1)(B) ofthe

Act and 35 Ill. Adm. Code 732.405(b)). Since there is no supporting documentation of

costs, the Illinois EPA cannot determine that costs will not be used for activities in excess

ofthose necessary to meet the minimum requirements ofTitle XVI ofthe Act (Section

57.5(a)

ofthe Act and 35 Ill. Adm. Code 732.606(o))..

The budget fails to include the following:

Documentation/explanation of the amount hours estimated per title per task for

Personnel Costs. It is unclear to the Illinois EPA why the costs for Personnel

have increased over $25,000.00 in this budget from the last budget since the

majority of the revised corrective action plan is a copy of the last plan submitted;

Page 4

Soil

PNA

analysis does not appear necessary since the soil sample results post

soil excavation do not indicate PNAs above the Tier I Cleanup Objectives.

Pursuant to 35111. Adm. Code 732.401, the Illinois EPA requires submittal ofa revised plan, and

budget if applicable, within 90 days ofthe date ofthis letter to:

Illinois Environmental Protection Agency

Bureau of Land

#24

Leaking Underground Storage Tank Section

1021 North Grand Avenue East

Post Office Box 19276

Springfield, IL 62794-9276

Please submit all correspondence in duplicate and include the Re: block shown at the beginning

ofthis letter.

An underground storage tank system owner or operator may appeal this decision to the Illinois

Pollution Control Board. Appeal rights are attached.

Ifyou have any questions or need further information, please contact Mindy Weller at 2 17/782-

6762.

Sincerely,

Harry A. Chappel, P.E.

Unit Manager

Leaking Underground Storage Tank Section

Division ofRemediation Management

Bureau ofLand

HAC:MW:mw\990762&99l 840-5.DOC

cc:

Robert Pulfrey, USI, Inc.

Division File

Appeal Rights

underground

storage tank owner or operator may appeal this final decision to the illinois

Pollution Control Board pursuant.to Sections 40 and 57.7(c)(4)(D) of the Act by filing a petition

for a hearing within 35 days after the date of issuance of the final decision. However, the 35-day

period may be extended for a period oftime not to exceed 90 days by written notice from the

owner or operatorand the Illinois EPA within the initial 35-day appeal period. Ifthe owner or

operator wishes to receive a 90-day extension, a written request that includes a statement ofthe

date the final decision was received, along with a copy of this decision, must be sent to the

Illinois EPA as soon as possible.

For information regarding the filing ofan appeal, please contact:

Dorothy Gunn, Clerk

Illinois Pollution Control Board

State ofIllinois Center

200 West Randolph, Suite 11-500

Chicago, IL 60601

312/814-3620

For information regarding the filing ofan extension, please contact:

Illinois Environmental Protection Agency

Division ofLegal Counsel

1021 North Grand Avenue East

Post Office Box 19276

Springfield, IL 62794-9276

217/782-5544

www. unitedscience. corn

Unce~Scrence ndustnes. Inc.

P0. Box 360

6295 East IL Highway 5

Woodlawn, 

IL 62898

tcU free 800 372.8740

phone 

618.735.2411

fax

618.735.2907

November 15, 2005

Illinois Environmental Protection Agency

Division ofLegal Counsel

1021 North Grand Avenue East

Springfield, IL 62794-9276

Attn: John Kim

Re:

LPC# 1634255004

—

St. Clair County

Fairmont CityfBiggs Brothers

2540 Kingshighway

LUST Incident No. 990762

LUST TECHNICAL FILE

Dear Mr. Kim:

RECEIV

DIVISIOfl

of Legal

COUTISei

NOV 222005

Environmentat Protection

Agency

United Science Industries, Inc. (USI), on behalf of

requesting a 90-day extension of the 35-day appeal

correspondence of November 3, 2005 which is attached.

our client, Biggs

period in regards

I appreciate your time and consideration in this matter. If you have any

comments regarding this matter please contact meat 618-735-2411 ext. 145.

Sincerely yours,

UNITED SCIENCE INDUSTRIES, INC.

Robert J. Pulfrey

Senior Project Manager

Enclosures

Brothers, is

to the IPPA

questions or

RECEIVED

NOV 212005

IEPA

1130L

RJP;srb

CERTIFICATE OF SERVICE

I, the undersigned attorney at law, hereby certify that on December 2, 2005, I served true

and correct copies of a REQUEST FOR NINETY DAY EXTENSION OF APPEAL PERIOD,

by placing true and correct copies in properly sealed and addressed envelopes and by depositing

said sealed envelopes in a U.S. mail drop box located within Springfield, Illinois, with sufficient

First Class Mail postage affixed thereto, upon the following named persons:

Dorothy M. Gunn, Clerk

Robert J. Pulfrey, Project Manager

Illinois Pollution Control Board

United Science Industries

James R. Thompson Center

P.O. Box 360

100 West Randolph Street

6295 East Illinois Highway 15

Suite 11-500

Woodlawn, IL 62898-0360

Chicago, IL 60601

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Respi

Jomi J

~sam

Assistant Counsel

Special Assistant Attorney General

Division of Legal Counsel

1021 North Grand Avenue, East

P.O. Box 19276

Springfield, Illinois 62794-9276

217/782-5544

217/782-9143 (TDD)