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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

 

IN THE MATTER OF: )

 

  

  

  

  

  

  

)

PROPOSED AMENDMENTS TO: ) R06-10

TIERED APPROACH TO CORRECTIVE ) (Rulemaking – Land)

ACTION OBJECTIVES )

(35 Ill. Adm. Code 742) )

 

 

 

 

PUBLIC COMMENTS OF THE ILLINOIS ASSOCIATION OF ENVIRONMENTAL

LABORATORIES, INC. (IAETL)

 

My name is Jarrett Thomas and I am the Vice President and co-owner of

Suburban Laboratories, Inc., an IEPA accredited environmental testing laboratory,

established in 1936 and located in Hillside, Illinois. I am also the President and co-

founder of IAETL. IAETL was formed in 1996 with the following goals:

•

To promote the generation of high quality analytical data by member

laboratories.

•

To disseminate regulatory and technical information to member laboratories.

•

To provide a forum where analytical and regulatory problems may be

discussed and clarified.

•

To encourage the use of private laboratories as the primary source of

environmental testing.

•

To actively participate in the developm

ent and improvement of environmental

regulations.

The following comments are submitted on behalf of IAETL.

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1) Applicability

For the past four years, IAETL has tried to work with the IEPA to resolve several

analytical problems inherent in the regulation. It is the agency’s responsibility to ensure

that the analytical objectives of the regulation are clear and achievable. The agency’s

original proposal did not address many of the issues raised by IAETL and we appreciate

the Board’s allowing these issues to be brought forward. IAETL requests that the

analytical limitations of TACO be addressed in this rulemaking. Failure to address these

issues at this time will result in continued ambiguity, misinterpretation of method

applicability, etc.

2) ADLs

According to testimony presented by Mr. Hornshaw and Ms. Hurley, the agency

clearly intended the cleanup objectives found in TACO to be analytically achievable.

Exhibit 15 lists the USEPA SW-846 methods and quantitation limits the USEPA

expected laboratories to use to verify compliance with TACO objectives. Unfortunately

the agency did not address USEPA’s warning that method EQLs are highly matrix

dependent, and that the EQLs listed in SW-846 are provided for guidance and may not

always be achievable. Also, the agency did not consider the limited number, and in some

cases the complete lack of accredited laboratories that may be able to achieve the

published EQLs, and the potential costs of implementing non-routine and specialized

methods. Linking TACO objectives to SW-846 EQLs represents significant risk because

of the tendency for the methods to change over time. In fact, USEPA is removing all

references to EQLs from future methods and revisions. The following is an excerpt of an

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email received on March 9, 2006 from the USEPA Office of Solid Waste (OSW)

Methods Information Communication Exchange (MICE) Service.

OSW is now in the process of removing requirements for MDL

studies and EQL guidance in both the individual methods and chapters.

Hopefully, the Fourth Edition of the manual, which should be published

sometime early next year, will include these revisions. In addition, the SW-

846 Methods Team is discouraging the use and application the MDL

determination, regardless of the sample matrix type, as defined in 40CFR

Pt 136 Appendix B, for the simple reason that it is not a true indication of

the method sensitivity. The MDL calculation has been used repeatedly for

a number of EPA programs and it demonstrates the potential data

variability for a given sample matrix at one point in time, however, it does

not represent what can be detected or most importantly the lowest

concentration that can be calibrated. For this reason the OSW now

recommends establishing the method detection limit or sensitivity as the

lowest point of quantitation or in most cases the lowest point in the

calibration curve.

Although the Agency, intended the TACO objectives to be determined and

achieved analytically, the reality is that there are some compounds for which TACO

objectives cannot be readily achieved. Mr. Dunn testified that even though the Agency is

aware that the objectives cannot be achieved, they do not intend to add or revise the

ADLs to reflect the use of best available technology. Mr. Dunn has offered four non-

analytical options to achieve compliance. These options remove the requirement to run a

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sample in an accredited laboratory and prove analytically the presence or absence of a

compound at an achievable remediation objective.

These analytical issues can be addressed in a positive manner and can most likely

be resolved by including ADLs that are achievable using best available technology.

Attachment A contains IAETL’s proposed ADLs and methods. In all cases the methods

proposed by IAETL are equal to methods specified by IEPA in Part 740 Appendix A and

are the commonly used methods of analysis in the environmental laboratory industry.

The proposed ADL and methods are also equal to the Contract Required Quantitation

Limit and method required by the USEPA Contract Lab Program (CLP), Multi-Media,

Multi-Concentration Organic Analytical Service for Superfund (SOM01.1) USEPA

OSWER Document 540-F-05-008, July 2005. The use of these methods in a consistent

manner within the analytical laboratory community will also aid in the comparability of

data when examined by the agency, because the methods of analysis will be the same

from laboratory to laboratory.

3) Technical Advisory Committee

TACO contains numerous technical requirements affecting laboratories.

Attempts to address the analytical problems of TACO with the agency have been

unsuccessful. As the methods of analysis and capabilities of laboratory instrumentation

are constantly evolving, IAETL strongly recommends that the Board consider

establishing a Technical Advisory Committee that would include members of IAETL.

This committee can offer guidance to the agency on a routine basis with the goal of

ensuring the regulation is technically sound and method/ADL references are kept current.

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Analyte

(Soil)

TACO

Objective

or ADL

Hurley

Exhibit 15

Method

IAETL

Proposed

IAETL

Proposed

Method

Justification

N-Nitrosodi-n-propylamine 0.0018 SW8070A 0.17 SW8270C

•

The PQL/EQL referenced in Exhibit 15 and the subsequent ADL in

TACO is incorrect and unachievable. Method 8070A does not list

EQLs for soil and groundwater. The soil EQL can be estimated as

follows:

 

EQL factor x MDL x Soil Extraction Factor

 

10 x 0.00046 x 33 = 0.1518 mg/kg

 

•

There are no labs accredited by IEPA for this analyte by method

8070A.

•

Analysis by method 8070A may be cost prohibitive.

 

•

The proposed method is equal to the method specified by IEPA in Part

740 Appendix A.

•

The Proposed ADL and method are equal to the Contract Required

Quantitation Limit and method from the USEPA Contract Lab

Program (CLP), Multi-Media, Multi-Concentration Organic

Analytical Service for Superfund (SOM01.1) USEPA OSWER

Document 540-F-05-008, July 2005

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Analyte

Minimum

TACO

Objective

or ADL

Hurley

Exhibit 15

Method

IAETL

Proposed

IAETL

Proposed

Method

Justification

Pentachlorophenol 0.03 SW8151A 0.33 SW8270C

•

Analysis of all other semi-volatile compounds in soil can be performed

by method 8270C. Analysis using an additional method will increase

cost of analysis.

•

Some laboratories have elected not to perform method 8151A because

of potential hazards associated with the use of ether in the extraction

procedure.

•

The proposed method is equal to the method specified by IEPA in Part

740 Appendix A.

•

The Proposed ADL and method are equal to the Contract Required

Quantitation Limit and method from the USEPA Contract Lab

Program (CLP), Multi-Media, Multi-Concentration Organic

Analytical Service for Superfund (SOM01.1) USEPA OSWER

Document 540-F-05-008, July 2005

 

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Analyte

Minimum

TACO

Objective

Hurley

Exhibit 15

Method

IAETL

Proposed

IAETL

Proposed

Method

Justification

Bromodichloromethane 0.0002 SW8021B

 

0.005

 

SW8260B

 

•

TACO objective is less than the Safe Drinking Water Act MCL

for Total Trihalomethanes of 0.080 mg/L.

•

Method 8260B with a 5 mL purge has adequate sensitivity to

achieve proposed ADL.

•

Method 8260B is already required for the analysis of volatile

organic compounds. Utilizing method 8021B in addition to

8260B will add to the cost of analysis, and will likely add only

a modicum of immediate tangible benefit.

•

The proposed method is equal to the method specified by IEPA

in Part 740 Appendix A.

•

The Proposed ADL and method are equal to the Contract

Required Quantitation Limit and method from the USEPA

Contract Lab Program (CLP), Multi-Media, Multi-

Concentration Organic Analytical Service for Superfund

(SOM01.1) USEPA OSWER Document 540-F-05-008, July

2005

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Analyte

Minimum

TACO

Objective

Hurley

Exhibit 15

Method

IAETL

Proposed

IAETL

Proposed

Method

Justification

Bromoform 0.001 SW8260B

25 mL purge

 

0.005 SW8260B

5 mL purge

•

TACO objective is less than the Safe Drinking Water Act MCL

for Total Trihalomethanes of 0.080 mg/L.

•

Method 8260B with a 5 mL purge has adequate sensitivity to

achieve proposed ADL.

•

A 25mL purge is not applicable to contaminated ground waters

and can lead to significant instrument malfunction and down

time if a sample is contaminated. Laboratories routinely use a

5 mL purge. Utilizing a 25mL purge will increase analysis

costs.

•

The proposed method is equal to the method specified by IEPA

in Part 740 Appendix A.

•

The Proposed ADL and method are equal to the Contract

Required Quantitation Limit and method from the USEPA

Contract Lab Program (CLP), Multi-Media, Multi-

Concentration Organic Analytical Service for Superfund

(SOM01.1) USEPA OSWER Document 540-F-05-008, July

2005

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Analyte

Minimum

TACO

Objective

Hurley

Exhibit 15

Method

IAETL

Proposed

IAETL

Proposed

Method

Justification

Chloroform 0.0002 SW8021B 0.005 SW8260B

•

TACO objective is less than the Safe Drinking Water Act MCL

for Total Trihalomethanes of 0.080 mg/L.

•

Method 8260B with a 5 mL purge has adequate sensitivity to

achieve proposed ADL.

•

Method 8260B is already required for the analysis of volatile

organic compounds. Utilizing method 8021B in addition to

8260B will add to the cost of analysis, and will likely add only

a modicum of immediate tangible benefit.

•

The proposed method is equal to the method specified by IEPA

in Part 740 Appendix A.

•

The Proposed ADL and method are equal to the Contract

Required Quantitation Limit and method from the USEPA

Contract Lab Program (CLP), Multi-Media, Multi-

Concentration Organic Analytical Service for Superfund

(SOM01.1) USEPA OSWER Document 540-F-05-008, July

2005

cis-1,3-Dichloropropene 0.001 SW8260B

25 mL purge

0.005

 

SW8260B

5 mL purge

•

A 25mL purge is not applicable to contaminated ground waters

and can lead to significant instrument malfunction and down

time if a sample is contaminated. Laboratories routinely use a

5 mL purge. Utilizing a 25mL purge will increase analysis

costs.

•

Method 8260B with a 5 mL purge has adequate sensitivity to

achieve proposed ADL.

•

The proposed method is equal to the method specified by IEPA

in Part 740 Appendix A.

•

The Proposed ADL and method are equal to the Contract

Required Quantitation Limit and method from the USEPA

Contract Lab Program (CLP), Multi-Media, Multi-

Concentration Organic Analytical Service for Superfund

(SOM01.1) USEPA OSWER Document 540-F-05-008, July

2005

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Analyte

(Groundwater)

Minimum

Objective

Hurley

Exhibit 15

Method

IAETL

Proposed

IAETL

Proposed

Method

Justification

trans-1,3-Dichloropropene 0.001 SW8260B

25 mL purge

0.005

 

SW8260B

5 mL purge

•

A 25mL purge is not applicable to contaminated ground waters

and can lead to significant instrument problems and down time

if a sample is contaminated. Laboratories routinely use a 5 mL

purge.

•

Method 8260B with a 5 mL purge has adequate sensitivity to

achieve proposed ADL.

•

Utilizing a 25mL purge will increase analysis costs.

•

The proposed method is equal to the method specified by IEPA

in Part 740 Appendix A.

•

The Proposed ADL and method are equal to the Contract

Required Quantitation Limit and method from the USEPA

Contract Lab Program (CLP), Multi-Media, Multi-

Concentration Organic Analytical Service for Superfund

(SOM01.1) USEPA OSWER Document 540-F-05-008, July

2005

2,4-Dinitrotoluene 0.00002 SW8330

 

0.005 SW8270C

•

There are only three labs in the State of Illinois that are

accredited for this method and analyte.

•

Utilizing method 8330 versus 8270C will greatly increase the

cost of analysis.

•

The proposed method is equal to the method specified by IEPA

in Part 740 Appendix A.

•

The Proposed ADL and method are equal to the Contract

Required Quantitation Limit and method from the USEPA

Contract Lab Program (CLP), Multi-Media, Multi-

Concentration Organic Analytical Service for Superfund

(SOM01.1) USEPA OSWER Document 540-F-05-008, July

2005

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Analyte

Minimum

TACO

Objective

Hurley

Exhibit 15

Method

IAETL

Proposed

IAETL

Proposed

Method

Justification

2,6-Dinitrotoluene 0.00031 SW8330

 

0.005 SW8270C

•

There are only three labs in the State of Illinois that are

accredited for this method and analyte.

•

Utilizing method 8330 versus 8270C will greatly increase the

cost of analysis.

•

The proposed method is equal to the method specified by IEPA

in Part 740 Appendix A.

•

The Proposed ADL and method are equal to the Contract

Required Quantitation Limit and method from the USEPA

Contract Lab Program (CLP), Multi-Media, Multi-

Concentration Organic Analytical Service for Superfund

(SOM01.1) USEPA OSWER Document 540-F-05-008, July

2005

Hexachlorobenzene 0.00006 SW8121

 

0.005 SW8270C

•

There are no labs in the State of Illinois that are accredited by

IEPA for this analyte by method 8121.

•

Utilizing method 8121 versus 8270C will greatly increase the

cost of analysis.

•

The proposed method is equal to the method specified by IEPA

in Part 740 Appendix A.

•

The Proposed ADL and method are equal to the Contract

Required Quantitation Limit and method from the USEPA

Contract Lab Program (CLP), Multi-Media, Multi-

Concentration Organic Analytical Service for Superfund

(SOM01.1) USEPA OSWER Document 540-F-05-008, July

2005

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Analyte

Minimum

TACO

Objective

(mg/L)

Hurley

Exhibit 15

Method

IAETL

Proposed

IAETL

Proposed

Method

Justification

N-Nitrosodiphenylamine 0.0032 SW8070A

 

0.005 SW8270C

•

There are no labs accredited by IEPA for this analyte by

method 8070A.

•

Utilizing method 8070A versus 8270C will greatly increase the

cost of analysis.

•

The proposed method is equal to the method specified by IEPA

in Part 740 Appendix A.

•

The Proposed ADL and method are equal to the Contract

Required Quantitation Limit and method from the USEPA

Contract Lab Program (CLP), Multi-Media, Multi-

Concentration Organic Analytical Service for Superfund

(SOM01.1) USEPA OSWER Document 540-F-05-008, July

2005

N-Nitrosodi-n-propylamine 0.0018 SW8070A

 

0.005 SW8270C

•

There are no labs in the State of Illinois accredited by IEPA for

this analyte by method 8070A.

•

Utilizing method 8070A versus 8270C will greatly increase the

cost of analysis.

•

The proposed method is equal to the method specified by IEPA

in Part 740 Appendix A.

•

The Proposed ADL and method are equal to the Contract

Required Quantitation Limit and method from the USEPA

Contract Lab Program (CLP), Multi-Media, Multi-

Concentration Organic Analytical Service for Superfund

(SOM01.1) USEPA OSWER Document 540-F-05-008, July

2005

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Analyte

Minimum

TACO

Objective

Hurley

Exhibit 15

Method

IAETL

Proposed

IAETL

Proposed

Method

Justification

Pentachlorophenol 0.001 SW8151A 0.005 SW8270C

•

Analysis of all other semi-volatile compounds in soil can be

performed by method 8270C. Analysis using an additional

method will increase cost of analysis.

•

Some laboratories have elected not to perform method 8151A

because of potential hazards associated with the use of ether in

the extraction procedure.

•

The proposed method is equal to the method specified by IEPA

in Part 740 Appendix A.

•

The Proposed ADL and method are equal to the Contract

Required Quantitation Limit and method from the USEPA

Contract Lab Program (CLP), Multi-Media, Multi-

Concentration Organic Analytical Service for Superfund

(SOM01.1) USEPA OSWER Document 540-F-05-008, July

2005

 

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