BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ctER
E
K,Eo VEp
CE
SEP
11 2006
IN THE MATTER OF :
)
Po~~
on ConIrod boa~
Petition of BP Products North America, Inc
.
)
AS 07-01
for An Adjusted Standard
)
RCRA Delisting Adjusted
Pursuant To 35 Ill
. Adm. Code 720
.122
)
Standard
NOTICE OF FILING
To : Dorothy M
. Gunn, Clerk
Illinois Pollution Control Board
James R
. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
George Varela, Senior Env
. Scientist
URS Corporation
100 South Wacker Drive, Suite 500
Chicago, IL 60606
PLEASE TAKE NOTICE
that today I have filed with the Office of the Clerk of the
Pollution Control Board the
ILLINOIS
ENVIRONMENTAL PROTECTION
AGENCY'S RESPONSE TO THE PETITION FOR ADJUSTED STANDARD
and an
ENTRY OF APPEARANCE
in the above titled matter
. Copies of these documents are
hereby served upon you .
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
By:
Michael S. Roubitchek
Assistant Counsel
Division of Legal Counsel
BP Products North America, Inc
c/o BP America, Inc
.
Ronald J. Ganim
Mail Code 4 West
4101 Winfield Road
Warrenville, IL 60555
Carol Webb, Hearing Officer
Illinois Pollution Controll Board
1021 North Grand Avenue East
P .O
. Box 19274
Springfield, IL 62794-9274
1021 North Grand Avenue East
P .O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
THIS FILING SUBMITTED ON RECYCLED PAPER.
RECEIV
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERKSOF
SEP
11 2006
Pollution
STgTE OF
Control
tLLIN01Boa
S
IN THE MATTER OF
:
)
Petition of BP Products North America, Inc
.
)
AS 07-01
for An Adjusted Standard
)
RCRA Delisting Adjusted
Pursuant To 35 Ill
. Adm. Code 720.122
)
Standard
PROOF OF SERVICE
I, Michael S
. Roubitchek, an attorney, hereby certify that I caused the attached pleadings to
be served upon all parties listed on the attached Notice of Filing via first class U
.S . mail from 1021
North Grand Avenue East, Springfield, Illinois 62794-9276
.
Michael S
. Roubitchek
Assistant Counsel
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P .O . Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
THIS FILING SUBMITTED ON RECYCLED PAPER
.
CLERK'S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
SEP 1 1 2006
Pollution
STATE OF
Control
ILLINOIS
Bo
S
IN THE MATTER OF
:
)
Petition of BP Products North America, Inc .
)
AS 07-01
for An Adjusted Standard
)
RCRA Delisting Adjusted
Pursuant To 35 Ill . Adm. Code 720.122
)
Standard
ENTRY OF APPEARANCE
I, Michael S
. Roubitchek, hereby enter my appearance in the above-entitled action on behalf
of the Illinois Environmental Protection Agency.
Michael S
. Roubitchek
Assistant Counsel
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
THIS FILING SUBMITTED ON RECYCLED PAPER
.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVE
D
SEP 1 12006
STATE OF ILLINOIS
IN THE MATTER OF :
)
Pollution Control Board
Petition of BP Products North America, Inc
.
)
AS 07-01
for An Adjusted Standard
)
RCRA Delisting Adjusted
Pursuant To 35 111 . Adm
. Code 720.122
)
Standard
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY'S RESPONSE
TO THE PETITION FOR ADJUSTED STANDARD
NOW COMES
the Respondent, the Illinois Environmental Protection Agency ("Illinois
EPA"), by one of its attorneys, Michael S
. Roubitchek, Assistant Counsel, and for its response to the
BP Products North America, Inc
. ("Petitioner")("BP") Petition for an Adjusted Standard would
respectfully state :
1 .
This response is filed pursuant to 35 Ill
. Adm
. Code 104 .416.
2 .
The Petitioner filed its Petition for an Adjusted Standard with the Illinois Pollution
Control Board ("Board") on July 27, 2006
. This Petition was originally filed on January 19, 2006 in
Docket Number AS 2006-002, but was dismissed on procedural grounds
.
3 .
Petitioner seeks a RCRA Delisting Adjusted Standard pursuant to 35111
. Adm. Code
Part 720 .122.
PRELIMINARY DISCUSSION
The Illinois EPA believes the following information is relevant to the Board's consideration of the
proposed Adjusted Standard
:
4.
The Pond 1 Landfill was created on BP's Riverfront Property when a series of
wastewater treatment surface impoundments were undergoing RCRA closure
. The
1
impoundments contained dissolved air flotation (DAF) fluff, which is a listed
hazardous waste (K048) because of the presence of hexavalent chromium and lead .
5 .
In 1997, BP attempted to delist the wastes disposed of in the Pond 1 Landfill (AS 96-
6), but the Board denied the Petition because sampling of the waste was insufficient .
The current Petition is distinguishable in that BP now seeks only to delist the leachate
generated from the Pond 1 Landfill, not the waste in the landfill .
6.
BP developed a sampling and analysis plan for the leachate in the Pond 1 Landfill .
The plan was developed based on BP's knowledge of the consistency and potential
variability of the leachate . A total of 9 investigative samples and 12 quality control
samples were collected during 3 separate events over a 6-month period .
7 .
A total of 24 constituents were detected in at least one investigative sample . These
detected constituents were compared to various benchmarks, including the hazardous
waste characteristics and "delisting levels" calculated using the EPA Composite
Model for Landfills (EPA CML) . The Petitioner found that all detected constituents
were below all benchmarks .
8 . The EPA CML is no longer the preferred model to be used for delisting
determinations . The current and preferred model is known as the Delisting Risk
Assessment Software (DRAS) . However, according to USEPA Region 5, there are
errors in the DRAS model and it is presently being revised . A new version of the
DRAS Model will be published in the near future .
2
9
.
The DRAS model is a better model for purposes of delisting and is the preferred
model of the Illinois EPA
. However, until the errors in the current DRAS model are
corrected, the Illinois EPA does not object to this Petition's use of the EPA CML
.
REGULATORY REQUIREMENTS
10.
35 111. Adm. Code 104
.406(a) :
The Petition for an Adjusted Standard contains a
statement describing the standard from which an Adjusted Standard is sought
. This statement can be
found on page 4-1 of the Petition .
11 .
35 Ill
. Adm
. Code Section 104.406(b) :
In order to implement the requirements
of RCRA 42 U .S .C. Section 6901 et. seq., 35111
. Adm . Code 721
.132 was adopted as an identical in
substance rule to 40 CFR Section 261 .32
. This representation is stated on page 4-1 of the Petition
.
12 .
35 III. Adm. Code Section 104.406(c) :
The Petition represents that the
regulation of general applicability does not specify a level of justification and also represents the
requirements necessary for an Adjusted Standard in 35111
. Adm
. Code 720 .122
. This representation
is stated on page 4-1 and 4-2 of the Petition
. The State finds this representation to be satisfactory .
13 . 35 III. Adm
. Code Section 104.406(d) :
As required, pages 5-1 through 5-5 of the
Petition provide a description of the nature of the Petitioner's activity that is the subject of the
Adjusted Standard
. The State finds this description to be satisfactory .
14. 35111
. Adm . Code Section 104.406(e)
:
Pages 4-2 and 4-3 of the Petition provide
a description of the efforts necessary if the Petitioner were to comply with the regulation of general
applicability
. The State finds this description to be satisfactory
.
15 .
35111. Adm. Code Section
104.406(f) :
The Petition provides a narrative
description of the proposed Adjusted Standard as well as proposed language for a Board order
. This
3
requirement is found on page 4-3 of the Petition
. The State finds this description and language to be
satisfactory.
16. 35111. Adm. Code
Section 104.406(g) :
This requirement is fulfilled in the
Petition on pages 4-3 through 4-4 and 7-1 through 7-4 by stating the quantitative and qualitative
impact of the Village's proposed Adjusted Standard upon the environment
. The State finds this
description to be satisfactory .
17. 35 111.
Adm. Code Section 104.406(h)
:
Pages 6-1 through 8-1 ofthePetitionsets
forth the Petitioner's required statement of justification for the Adjusted Standard
. The State finds
this statement to be satisfactory.
18 . 35111
. Adm. Code Section 104.406(i)
:
The Petition, on page 4-4 states that the
proposed Adjusted Standard is consistent with applicable federal law
. The State finds this statement
to be satisfactory
.
19. 35111. Adm
. Code Section 104.4060) :
The Petitioner expressly waives their
right to a hearing on page 4-4 of the Petition
. If the Board deems a hearing necessary, the Illinois
EPA will be in attendance.
WHEREFORE, the Illinois EPA recommends that the Illinois Pollution Control Board
GRANT the Petitioner's Petition for an Adjusted Standard
.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
By:
Michael S
. Roubitchek
Assistant Counsel
Division of Legal Counsel
4
1021 North Grand Avenue East
P
.O
. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
THIS FILING SUBMITTED ON RECYCLED PAPER.
5
