RECLfVED
CLERK'S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
M1lk:R 0 6 2006
IN THE MATTER OF
:
)
PROPOSED AMENDMENTS TO
)
TIERED APPROACH TO CORRECTIVE
)
ACTION OBJECTIVES
)
(35 Ill. Adm. Code 742)
)
NOTICE
Dorothy Gunn, Clerk
Richard R. McGill, Jr.
Pollution Control Board
Ill. Pollution Control Board
James R. Thompson Center
James R. Thompson Center
100 W. Randolph, Suite 11-500
100 W. Randolph, Suite 11-500
Chicago, Illinois 60601
Chicago, Illinois 60601
(Via First Class Mail)
(Via First Class Mail)
PLEASE TAKE NOTICE that at the Hearing Officer's Request on March 1, 2006, I have
today filed with the Office of the Clerk of the Illinois Pollution Control Board and the Hearing
Officer in this matter the Agency's clean copies of reserved Exhibit Number 15 from yesterday's
hearing, a copy of which is herewith served upon you
.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
Kimberly
. Geving
Assistant Counsel
Division of Legal Counsel
DATE: March 2, 2006
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217)782-5544
R06-10
(Rulemaking-Land)
THIS FILING SUBMITTED ON RECYCLED PAPER
STATE OF ILLINOIS
Pollution Control Board
March 2, 2006
Richard,
I just wanted to let you know that I looked back through the transcript from the
August 2000 hearing in R00-19, and on pages 81-83 Tracey Hurley not only summarized
her testimony that was introduced as Exhibit 15 yesterday, but she made the correction to
that method (8260B) on the record and provided a copy of her written summary to the
Board and the court reporter . Therefore, in addition to sending you a clean copy of her
testimony, I am also sending you a copy of her summary and those three pages of the
transcript
.
If you need anything else, please let me know
.
RER
E#VE®
MAR 0 .6 2006
IN THE MATTER OF :
)
STATE OF ILLItdOIS
Pollution Control Board
PROPOSED AMENDMENTS TO
)
R00-19
TIERED APPROACH TO CORRECTIVE )
(Rulemaking-Land)
ACTION OBJECTIVES
)
(35 ILL. ADM. CODE 742)
)
TESTIMONY OF TRACEY HURLEY ON
APPENDIXA,TABLE H AND APPENDIX B, TABLES
. A,B, E, AND F
Qualifications
My name is Tracey Hurley. I am an Environmental Toxicologist with the
Toxicity Assessment Unit within the Office of Chemical Safety of the Illinois
Environmental Protection Agency ("Agency"). I have been with the Agency for eleven
years providing expertise to the Agency in the area of environmental toxicology
. My
responsibilities include development and use of procedures for human and environmental
exposure assessments and
risk
assessments; review of toxicological data and hazard
information in support of Agency programs and actions ; and review of remedial
investigation and
risk
assessment documents submitted to the Agency . I received a
Master of Public Health degree, specialization in Environmental Health, from Yale
University in 1986 and a Bachelor of Science in Biology from Southern Illinois
University at Edwardsville in 1984
.
The following testimony provides, discussion and analysis of the proposed
amendments to 35 Ill. Adm. Code 742, Appendix A, Table H and Appendix B, Tables
A,
.
.
B, E, and F .
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Testimonial Statement
My testimony concerns the proposed amendments to Part 742, Appendix A, Table
H and Appendix B, Tables A, B, E, and F. These amendments are being proposed to
reflect updates to "Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods", USEPA Publication number SW-846. The latest update, Update III, is dated
December 1996 and was promulgated in the Federal Register on June 13, 1997 (62 FR
32452). Update III was previously incorporated by reference at Section 742.210 . Update
III changed some Practical Quantitation Limits ("PQL") either through the deletion of
outdated analytical methods, or the addition of new methods
.
Through an oversight,
these changes in the detection limits were not reflected in the TACO rules
. The affected
chemicals and their PQLs are listed in a table, attached as Exhibit 1 to this testimony
.
Appendix A, Table H lists Chemicals Whose Tier I Class I Groundwater
Remediation Objective Exceeds the I in 1,000,000 Cancer Risk Concentration
. For
carcinogens without a-Maximum Contaminant Limit ("MCL"), the Tier I Class I
groundwater remediation objective is equal to the Acceptable Detection Limit ("ADL"),
which is defined as the lowest appropriate PQL given in SW-846. Five chemicals have
been added to this table because their updated ADLs and Tier I Class I groundwater
remediation objectives are now greater than their respective 1 in 1,000,0000 cancer risk
concentrations. These five chemicals are: DDD, DDE, DDT, 2,6-dinitrotoluene, and
2,4,6-trichlorophenol. N-nitrosodiphenylamine has been deleted from this table because
its updated ADL and associated Tier I Class I groundwater remediation objective is now
less than its respective I in 1,000,000 cancer risk concentration. Changes to the ADL
listed in this table have been made for the following eight chemicals : Carbon
tetrachloride, 1,2-dibromo 3-chloropropane, 1,2-dichloromethane, heptachlor, heptachlor
epoxide, tetrachloroethylene, vinyl chloride, and pentachlorophenol
.
In Appendix B, Tables A and B, there are numerous proposed changes to the
ADL column. The updated PQL has been inserted in this column if it is greater than the
soil remediation objective. An asterisk in the ADL column indicates that the lowest PQL
in SW-84.6 is less than the soil remediation objective
.
Appendix B, Table E lists the Tier I Groundwater Remediation Objectives for the
Groundwater
Component
of the Groundwater Ingestion Route. For carcinogens that do
not have a Groundwater Quality Standard pursuant to 35 111. Adm. Code 620.410 for
Class I Groundwater or 35 Ill. Adm. Code 620.420 for Class II Groundwater, the
groundwater remediation objective is equal to the ADL . The proposed changes to the
Class I and Class II Groundwater Remediation Objectives reflect changes in the PQLs
.
.
There are several chemicals affected . In addition, the footnotes for seven chemicals have
been corrected: 2,4-dinitrotoluene,
2,6-dinitrotoluene,
naphthalene, nitrobenzene,
polychlorinated biphenyls ("PCBs"), 1,1,1-trichloroethane, and vanadium . The proposed
change to
footnote
"a" more accurately explains the process used to derive the
groundwater remediation objectives for carcinogens
.
The change to Appendix B, Table F, footnote "b" also is designed to more
accurately explain the process used to derive the Groundwater Remediation Objective
used to calculate Tier I Soil Remediation Objectives
.
3
Concluding Statement
This concludes my testimony regarding the Agency's proposed amendments to 35
Ill. Adm. Code 742, Appendix A, Table H and Appendix B, Tables A, B, E . and F. I will
be available to answer questions .
THIS FILING IS SUBMITTED ON RECYCLED PAPER
EXHIBIT I
TACO PQL UPDATE
(a) Method 8260B lists two sets of quantitation limits based upon purge volumes of 5 ml or 25
ml. The corresponding quantitation limits are 5 ug/l and 1 ug/l . The lowest quantitation limit
needed to achieve the recommended cleanup objective should be used
.
8568\'a:\pgls_tbl.wpd
Chemical
GW PQL
mg/I
Soil PQL
mg/kg:
SW846 Method
Aldrin
0.014
0.94
8081A
bis(2-chloroethyl)ether
0.01
0.66
8270C
bis(2-ethylhexyl)phthalate
0.0027
0.18
8061A
bromodichloromethane
0.0002
0.0002
8021B HECD
bromoform
0.001(a)
0.005
8260B
carbon tetrachloride
0.0001
0.0001
8021B HECD
4-chloroaniline
0.0066
0.44
8131
chloroform
0.0002
0.0002
8021B HECD
dalapon
0.0013
0.00012
-
8151A
DDD
0.014
0.94
8081A
DDE
0.01
0.67
8081A
DDT
0.006
0.402
8081A
1,2-dibromo-3-chloropropane
0.001(a)
0.005
8260B
1,2-dibromoethane
.
0.001(a)
0.005
8260B
3,3'-dichlorobenzidine
0.02
1 .3
8270C
1,2-dichloroethane
0.0003
0.0003
8021B
1,3-dichloropropylene (cis & trans)
0.001(a)
0.005
8260A
dieldrin
0.009
0.603
8081A
2,4-dinitrophenol
0.05
3 .3
8270C
2,4-dinitrotoluene
0.00002
0.250
8330
2,6-dinitrotoluene
0.00031
0.260
8330
alpha-HCH
0.00011
0.0074
8121
heptachlor
0.013
0.87
8081A
heptachlor epoxide
0.015
1.005
8081A
N-nitrosodiphenylamine
0.00081
0.00081
8070A
N-nitrosodi-n-propylamine
0.00046
0.00046
8070A
Pentachlorophenol
0.000076
0.00016
8151A GC/ECD
Tetrachloroethylene
0.0004
0.0004
8021B HECD
2,4,6-trichlorophenol
0.01
0.66
8270C
Vinyl chloride
0.002
0.002
8021B PID
Summary of Testimony
OF TRACEYHURLEY ON
APPENDIX A, TABLEHAND APPENDIXB,TABLES
A,B, E,ANDF
My name is Tracey Hurley . I am an Environmental Toxicologist with the
Toxicity Assessment Unit within the Office of Chemical Safety of the Illinois
Environmental Protection Agency ("Agency") . I have been with the Agency for eleven
years providing expertise to the Agency in the area of
environmental
toxicology. My
responsibilities include development and use of procedures for human and
environmental
exposure assessments and
risk
assessments; review of toxicological data and hazard
information
in support of Agency programs and actions ; and review of remedial
investigation and
risk
assessment documents submitted to the Agency . I received a
Master of Public Health degree, specialization in Environmental Health, from Yale
University in
1986
and a Bachelor of Science in Biology from Southern Illinois
University at Edwardsville in
1984 .
My testimony concerns revisions to Appendix A, Table H and Appendix B,
Tables A, B, E, and F. The Agency is proposing the revisions Appendix A, Table H and
Appendix B, Tables A, B, and E to reflect the latest update, Update III, to USEPA's SW-
846
"Test Methods for Evaluating Solid Waste, Physical/Chemical Methods". Update III
changed some Practical Quantitation Limits ("PQL") and was previously incorporated by
reference in Section
742.210 .
However, the numerical changes in the detection limits
were not reflected in the TACO tables .
L
The proposed change to Appendix B, Table F footnote (b) clarifies the method
used to derive the Groundwater Remediation Objective used to calculate Tier I Soil
Remediation Objectives .
My prefiled testimony contained, as Exhibit 1, a table of the TACO chemicals
affected and their updated PQLs. I have since found some errors in Exhibit 1 . The SW-
846 Method for 1,3-dichloropropylene (cis & trans) should be 8260B. For N-
nitrosodiphenylamine the groundwater PQL should be 0 .003 mg/I and the soil PQL
should be 0.003 mg/kg. For N-nitrosodi-n-propylamine the groundwater PQL should be
0.0018 mg/I and the soil PQL should be 0.0018 mg/kg. For vinyl chloride the
groundwater PQL should be 0.0002 mg/I and the soil PQL should be 0.0002 mg/kg. The
correct values have been given in the proposed amendments to Appendix A, Table H and
Appendix B, Tables, A, B, and E .
I would also like to propose an additional amendment to Appendix B, Tables A
and B. In both Tables A and B the ADL for 1,2-Dibromo-3-chloropropane should be
changed from an"*" to 0 .005 mg/kg. Also in Appendix B, Table B the ADLs for 4-
Chloroaniline, N- Nitrosodiphenylamine, and Pentachlorophenol have been deleted . The
deleted ADLs should be replaced with an "*" and not left blank. An "*" in the ADL
column for a chemical means that the ADL is less than all listed Remediation Objectives
for that chemical
.
1
2
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5
6
7
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L .A . REPORTING
(312)
419-9292
8 1
objectives
.
MS
.
GEVING
:
Thank you, Mr . Clay
.
Ms . Hurley
.
MS . HURLEY: Thank you
.
My name is Tracey Hurley. I'm an
environmental toxicologist with the Toxicity Assessment
Unit within the Office of Chemical Safety of the
Illinois Environmental Protection Agency. I have been
with the Agency for 11 years providing expertise to the
Agency in the area of environmental toxicology
.
My responsibilities include development and
use of procedures for human and environmental exposure
assessments and risk assessments, review of
toxicological data and hazard information in support of
agency - programs and actions, and review of remedial
.
investigation and risk assessment documents submitted
to the Agency
.
My testimony concerns revisions to
Appendix A, Table H, and Appendix B, Tables A ; B,
and F . The Agency
is
proposing the revisions to
Appendix A, Table H, and Appendix B, Tables A, B, and E
to reflect the latest update, Update III, to USEPA's
SW-846 test methods for evaluating solid waste,
physical/chemical methods
.
E,
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
8 2
Update III changed some practical
quantitation limits or PQLs and was previously
incorporated by reference in Section 742 .210 . However,
the numerical changes in the detection limits were not
reflected in the TACO tables
.
The proposed change to Appendix B, Table F,
Footnote B clarifies the method used to derive the
groundwater remediation objective used to calculate
Tier 1 soil remediation objectives
.
And my prefiled testimony contained, as
Exhibit 1, a table of TACO chemicals affected and their
updated PQLs . And since I have found some errors in
Exhibit 1
.
The SW-846 method for 1,3-Dichloropropylene
(cis & trans) should be 8260B
.
For N-Nitrosodiphenylamine, the groundwater
PQL should be 0 .003 milligrams per liter, and the soil
PQL should be 0 .003 milligrams per kilogram
.
For N-Nitrosodi-n-propylamine, the
groundwater PQLs should be 0 .0018 milligrams per liter,
and the soil PQLs should be 0 .0018 milligrams per
kilogram
.
For vinyl chloride, the groundwater PQL
should be 0 .0002 milligrams per liter, and the soil
L .A
.
REPORTING
(312) 419-9292
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2
3
4
5
6
7
8
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L.A
.
REPORTING
(312)
419-9292
8 3
PQLs should be 0 .0002 milligrams per kilogram
.
The correct values have been given in the
proposed amendments to Appendix A, Table H, and
Appendix B, Tables A, B, and E .
And at this time I would also like to propose
an additional amendment to Appendix A,
. Tables A and B
.
In both Tables A and B the ADL for
1,2-Dibromo-3-chloropropane should-be changed from an
asterisk to 0 .005 milligrams per kilogram
.
And also in Appendix B, Table B, the ADLs for
4-Chloroaniline, N-Nitrosodiphenylamine, and
Pentachlorophenol have been deleted. The deleted ADLs
should be replaced with an asterisk and not left blank
.
And this concludes my oral summary today . My
qualifications and written testimony have been prefiled
with the Board
.
MS. GEVING: Thank you
.
THE HEARING OFFICER: Ms . Geving, before you'
proceed, are those changes reflected in writing'
anywhere that you can present to the Board?
MS . GEVING: Tracey has a copy that she can
present both to the court reporter and to the Board
.
THE HEARING OFFICER : Thank you
.
MS . GEVING: Mr . King
.
1
2
3
4
5
6
7
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84
MR
. KING :
I had an opportunity to talk earlier
about the ELUCs, and that was the primary part of my
testimony. The rest of it I think is fairly
straightforward, so I wasn't going to say anything
else
.
MS . GEVING: Thank-you
.
Dr . Hornshaw
.
DR . HORNSHAW : Good morning . My name is Thomas C
.
Hornshaw . I'm a senior public service administrator
with the Illinois EPA, and I'm also the manager of the
Toxicity Assessment Unit within the Office of Chemical
Safety
.
I participated in the development of the
original Part 742 TACO proposal to the Board and
testified concerning my contributions to that proposal
in the Board hearings regarding TACO
.
This is a summary of my written testimony
filed for this proceeding
.
My testimony regarding the proposed
amendments to Part 742 falls into three broad
categories . Additions to the Tier 1 tables,
modifications to the Tier 1 tables due to updated
information for the chemicals in the tables, and
clarifications and corrections to the text in the rule
L .A. REPORTING
(312) 419-9292
STATE OF ILLINOIS
)
COUNTY OF SANGAMON
)
PROOF OF SERVICE
I, the undersigned, on oath state that I have served the attached clean copies of
Reserved Exhibit Number 15 upon the persons to whom they are directed, by placing a
copy of each in an envelope addressed to :
.
Dorothy Gunn, Clerk
Richard R. McGill, Jr.
Illinois Pollution Control Board
Illinois Pollution Control Board
James R. Thompson Center
James R. Thompson Center
100 W. Randolph, Suite 11-500
100 W. Randolph, Suite 11-500
Chicago, Illinois 60601
Chicago, Illinois 60601
and mailing them (First Class Mail) from Springfield, Illinois on March 2, 2006, with
sufficient postage affixed as indicated above .
SUBSCRIBED AND SWORN TO BEFORE ME
This2nd_
day of
March, 2006
.
+~NM44
Wp^b4LypppM.Tn;..-,y.;.;
•,
.
p
OFFICIAL SEAL
BRENDA BOEHNER I
a° NOTARY MIX, STATE OF IWNOIS
t
MC011"SO~NEwsEs
a
THIS FILING SUBMITTED ON RECYCLED PAPER
