BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
1
1
PETITION OF JOHNS MANVILLE
1
FOR AN ADJUSTED STANDARD FROM
1
35 1LL.ADM.
CODE
ยงยง
811.310,
1
811.311,811.318,811.320, and 814
1
AS 04-04
1
(Adjusted Standard-Land)
1
NOTICE OF FILING
The undersigned, an attorney, hereby provides notice (see service list in Certificate of
Service) that he has today caused copies of the following Joint Status Report of Petitioner Johns
Manville and Respondent Illinois Environmental Protection Agency and Certificate of Service
to be filed with:
Dorothy M.
Gunn
Illinois Pollution Control Board
James
R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
JOHNS MANVILLE,
Petitioner,
By:
(3LdSQRu
-74-57
One of Its Attorneys
/
Edward P. Kenney
Sidley Austin
LLP
One South Dearborn Street
Chicago, Illinois 60603
(3 12)853-2062
Dated: September 29,2006
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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
1
1
PETITION OF JOHNS MANVILLE
1
FOR AN ADJUSTED STANDARD FROM
1
35 1LL.ADM. CODE $9 811.310,
1
811.311,811.318,811.320, and 814
1
AS 04-04
1
(Adjusted Standard-Land)
1
JOINT STATUS REPORT OF PETITIONER JOHNS MANVILLE AND
RESPONDENT ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
COMES NOW, Petitioner JOHNS MANVILLE, and Respondent ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY, by their respective counsel, and, pursuant to
the Hearing Officer Order of September 14,2006, hereby submit their Joint Status Report
concerning the above-captioned matter.
1.
By way of background, this case involves a closed landfill at the former Johns
Manville
("JM") manufacturing facility in Waukegan, Lake County, Illinois. The landfill is
located on small portion of the approximately three hundred acre site. JM ceased manufacturing
operations at this location in the late 1990's, and the manufacturing buildings were demolished.
The portion of this site that includes the landfill was listed on the Comprehensive Environmental
Response, Compensation
and Liability Act (CERCLA) National Priority List, and JM has
conducted extensive remedial activities under federal and state oversight.
The landfill is the
subject of a federal consent decree, and a State Consent order, and the United States
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Environmental Protection Agency
(USEPA)
and the Illinois Environmental Protection Agency
(IEPA) have continuing oversight responsibilities at this site1. The landfill is physically
#
surrounded by areas where, as part of the remediation of the site, engineered cover was placed
over asbestos materials. It is important to maintain the integrity of the cover for these areas and
JM must coordinate its activities relating to the landfill with the federal and state officials
responsible for overseeing the
CERCLA remedial activities.
2.
This case was initiated by a petition filed on June 30,2004. Petitioner Johns
Manville ("JM") filed an amended petition on September 30,2004, in response to
an August 8,
2004 Order of the Pollution Control Board that directed JM to address certain statutory and
regulatory information requirements.
3.
The Amended Petition seeks an adjusted standard to certain provisions of the
regulations governing solid waste landfills. These regulations govern various aspects of the
operation, closure and post closure of different categories of solid waste landfills, and include,
--
inter alia, regulations governing landfill gas control and groundwater monitoring.
Part
814
applies to existing solid waste landfills, and incorporates various specific provisions of Part 8 1 1.
4.
With respect to landfill gas control, JM seeks an adjusted standard to 35 Ill. Adm.
Code 8
1 1.3 1 O(c)(l) as it relates to the fkequency of sampling'of landfill gas monitoring devices,
and 35 I11.Adm. Code 81 1.3 1 l(a)(l) as it relates to the placement of gas monitoring wells at a
distance beyond the edge of the unit. With respect to groundwater monitoring requirements, JM
seeks
an
adjusted standard to 35 I11.Adm. Code
8
1 1.3 18@)(3), and 8 1 1.3 18(b)(5), and to
81 1.320(c)(l)which relate to
the location of groundwater monitoring wells beyond the perimeter
'
The First Amended Consent Decree was entered by Judge Lindberg on December 1,2004 (judgment entered on
December 16,2004)
in the case of United States and People of the State of Illinois v. Manville Sales Corporation
(now known as Johns Manville), United States District Court for the Northern District of Illinois, Civil Action No.
88C630. The State Consent Order was entered
by Judge David Hall of the Lake County Circuit Court on January 6,
2005 in the case of People of the State of Illinois v. Johns Manville, Circuit Court of Lake County, No. CH 01 857.
Both of these proceedings were concluded while this petition was pending.
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of solid waste landfills and which relate to how the Zone of Attenuation should be defined and
monitored.
5.
Due to the complex and technical nature of the issues in this petition, counsel for
Petitioner and Respondent believe that it would be in the interests of the parties and the Board if,
to the extent practicable, the parties could agree on the proposed adjusted standards. Even in the
absence of complete agreement, counsel believe that the interests of administrative economy
would be served by narrowing the issues as much as possible. Toward that end, technical
representatives of JM and
IEPA have been exchanging information and meeting both before and
since the petition was filed. A
summary of these exchanges is set forth below:
June 23,2004-JM submitted data from landfill gas sampling and discussed with
IEPA
staff the proposed adjusted standard for gas monitoring frequency and locations of gas
collection devices (following up on meetings in December 2003 and February 2004 in
which gas collection issues were discussed and data was requested
by IEPA.
September 4,2004--1EPA staff comments on the original petition transmitted to JM.
September 2004-JM
representatives met with IEPA staff concerning proposed adjusted
standards for both the landfill gas and groundwater monitoring programs.
November 30,2004-IEPA commented regarding need for groundwater, leachate
monitoring, and hydrogeological information for the site.
June 20,2005-JM submitted Report on On-Site Landfill Groundwater and Leachate
Monitoring.
August 30,2005-Comments from
IEPA concerning definition of uppermost aquifer and
other items related to the pending hydrogeological investigation.
September 14,2005-Comments from IEPA on June 20,2005 Report.
September 26,2005-JM
submitted Site Investigation Report for On-Site Landfill.
November 23,2005-IEPA transmitted Comments on JM Sqtember 26,2005 Site
Investigation Report for On-Site Landfill.
April 27,2006-Meeting between IEPA and JM technical representatives. IEPA
requested
an updated and amended report on groundwater and leachate quality.
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June 23,2006-On-Site Landfill Groundwater and Leachate Quality Report submitted to
IEPA in draft form for review and comment prior to finalizing.
As
a result of these meetings, counsel believe that the issues have been substantially
narrowed, particularly concerning landfill gas monitoring frequency and location, upon which
there appears to be substantial agreement between the parties. Counsel also believe that progress
has also been made with respect to the groundwater monitoring well locations, and that the
review of the June 23,2006 Report by
IEPA staff will serve the interests of administrative
efficiency in further refining the issues. Counsel believe that it will be possible to conclude the
technical discussions and proceed toward scheduling
a hearing in which the issues have been
appropriately framed within the next few months, and will report to the Hearing Officer on
November 9,2006 as to the progress that has been made as of that date, and their proposals for
moving this case toward hearing.
Respectfully submitted,
JOHNS MANVILLE,
Petitioner,
Edward
P. Kenney
BY
ILLINOIS
1
ENVIRONMENTAL
PROTECTION AGENCY,
Respondent
By:
PG
Peter E. Orlinsky
celZ;ok~/&y
/'
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Edward P. Kenney
Sidley Austin LLP
One Dearborn Center
Chicago, Illinois
60603
(3 12)853-2062
Peter
E. Orlinsky
Assistant Counsel
Illinois Environmental Protection Agency
95
1 1 W. Harrison Street
Des Plaines, Illinois 600 16
(847)294-4000
6
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CERTIFICATE OF SERVICE
The undersigned, an attorney, hereby certifies that he caused copies of the foregoing
Notice of Filing and Joint Status
Report of Petitioner Johns Manville and Respondent Illinois
Environmental Protection Agency, by placing
the same in the United States Mail, first class
postage prepaid, this
2gth day of September, 2006, addressed to:
Bradley
P. Halloran
Hearing Officer
Illinois Pollution Control Board
James
R. Thompson Center
100 West Randolph Street, Suite
1 1-500
Chicago, Illinois
60601
Peter E. Orlinsky
Assistant Counsel
Illinois Environmental Protection Agency
95 1 1 West Harrison Street
Des Plaines, Illinois 600
16
Elizabeth
A.
Wallace
Senior Assistant Attorney General
Environmental Enforcement Bureau
Office of the Illinois Attorney General
188 West Randolph Street, 20" Floor
Chicago, Illinois 60601
u.
Edward P. Kenney
CHI
3619250v.1
7
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