Dear Dorothy Gunn
Your rules Listed below met our codification standards and have been published in
Volume 30, Issue 39 of the Illinois Register, dated 09/29/2006 .
ADOPTED
23
RULES
Standards and Requirements for Potable Water Supply Well Surveys and for Community Relations Activities
k t
Performed in Conjunction with Agency Notices of Threats From Contamination
35 III . Adm . Code 1600
Page 15756
Point Of Contact:Erin Conley
OTHER INFORMATION REQUIRED BYLAW TO BE PUBLISHED IN THE ILLINOIS REGISTER
0
/~ ,"~'
Notice of Public Information Pursuant to 415 ILCS 517 .2(b)
`1 It
Ill . Adm . Code
Page 15831
4 _ OAS
Point Of Contact :Erin Conley
V1r
OFFICE OF THE SECRETARY OF STATE
JESSE WHITE . Secretary of State
09/22/2006
POLLUTION CONTROL BOARD
RECEIVED
James R. Thompson Center 100 W . Randolph St ., Ste 11-500
CLERK'S OFFICE
Dorothy Gunn
SEP 2
6 2006
CHICAGO, IL 60601
STATE OF ILLINOIS
Pollution Control Board
PROPOSED RULES
Tiered Approach to Corrective Action Objectives
35 III . Adm . Code 742
Page 15366
Point Of Contact :Erin Conley
If you have any questions, you may contact the Administrative Code Division at
(217) 782 - 7017 .
Index Department - Administrative Code Division - 111 East Monroe Springfield, IL 62756
ILLINOIS REGISTER
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POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
Heading of the Part : Tiered Approach to Corrective Action Objectives
Code Citation
: 35 111. Adm. Code 742
Section Numbers :
Proposed Action
:
742742 .105.110
AmendAmend
RECEIVED
CLERK'S OFFICE
742 .200
Amend
S_:' ,'
2006
742742742
.220.210.225
AmendAmendAmend
Pollution
STATE OF
Control
ILLINOISBoard
742 .305
Amend
742.320
Amend
742 .415
Amend
742 .505
Amend
742 .510
Amend
742.805
Amend
742 .900
Amend
742 .1000
Amend
742.1010
Amend
742 .1012
Amend
742 .1015
Amend
742.1020
Amend
742 .APPENDIX A
Amend
TABLE E
Amend
TABLE H
Amend
TABLE I
Amend
742 .APPENDIX B
Amend
ILLUSTRATION A
Amend
TABLE A
Amend
TABLE B
Amend
TABLE C
Amend
TABLE D
Amend
TABLE E
Amend
TABLE F
Amend
742.APPENDIX C
Amend
ILLUSTRATION A
Amend
ILLUSTRATION B
Amend
ILLUSTRATION C
Amend
TABLE A
Amend
TABLE B
TABLE C
TABLE D
TABLE E
TABLE F
TABLE G
TABLE H
TABLE I
TABLEJ
TABLE K
742.APPENDIX D
742.APPENDIX
E
742.APPENDIX F
742
.APPENDIX G
742 .APPENDIX H
ILLINOIS
REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
Amend
Amend
Amend
Amend
Amend
Amend
Amend
Amend
Amend
Amend
New Section
New Section
New Section
New Section
New Section
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4)
A Complete Description of the Subjects and Issues Involved
:
For a more detailed
discussion of these amendments see the Board's September 7, 2006, opinion and order in
docket R06-10, Proposed Amendments to Tiered Approach to Corrective Action
Objectives (35 Ill
. Adm. Code 742)
. The amendments in this rulemaking are primarily
designed to update standards and improve procedures under the Tiered Approach to
Corrective Action Objectives (TACO) regulations, and to make numerous corrections
and clarifications
. The TACO regulations provide methods for developing risk-based
remediation objectives to be used in environmental contamination cleanups under several
regulatory programs
: Leaking Underground Storage Tank (LUST) Program
; Site
Remediation Program (SRP)
; and Resource Conservation and Recovery Act (RCRA) Part
B Permits and Closure Plans
.
The amendments in this rulemaking include the addition of background soil levels as
remediation objectives for polynuclear aromatic hydrocarbons (PAHs), newly applicable
residential remediation objectives to protect construction workers, and the addition of
new mandatory forms to be used for certain institutional controls
. Additionally the Board
is amending the incorporations by reference to reflect new or updated test methods and
technical support documents.
The Board is proposing to add a new subsection (h) to Section 742.105
on TACO
applicability, to clarify that landfills cannot use TACO in lieu of the procedures and
requirements applicable to landfills under 35 Ill
. Adm
. Code 807, 811-814 . The
amendments also propose changes to clarify the use of Highway Authority Agreements
(HAAs)
. These agreements are typically between the highway authority and the property
NOTICE OF PROPOSED AMENDMENTS
owner
. The amendments are necessary to address when a LUST owner or operator (the
person who would receive the no further remediation (NFR) Letter) is not the owner of
the property. In addition, the Board is proposing a new instrument as an institutional
control (Highway Authority Agreement Memorandum of Agreement or HAA MOA) to
address situations where the highway authority is the property owner or LUST owner or
operator and contamination remains under the highway . The problem resolved by this
amendment is that the highway authority cannot enter into a binding agreement with
itself The HAA MOA would be entered into between the highway authority and the
Illinois Environmental Protection Agency (Agency)
.
Another topic that the Board is addressing in this rulemaking relates to institutional
controls. In the hearings the Board held on this rulemaking prior to first notice, the
Agency stated that it was aware of at least two instances where ordinances that were
approved as institutional controls were later amended or repealed without notice to the
Agency . Accordingly, the Board is proposing to add new requirements to alert the
Agency of such actions regarding institutional control ordinances . Another amendment to
the institutional controls relates to ordinances that are employed to restrict groundwater
usage . The Agency testified that under the existing Section 742 .320(d), an ordinance
could be used to exclude the groundwater ingestion exposure route only if the ordinance
effectively prohibits installing and using potable water supply wells within 2,500 feet
from the source of the release
. The 2,500-foot distance was originally proposed to
correspond to the maximum setback zone for a community water supply well under
Section 14.3 of the Act (415 ILCS 5/14 .3 (2004)). However, sites near a municipal
boundary cannot currently use this institutional control where the 2,500-foot radius would
extend beyond the municipal boundary, and there is no such ordinance in effect beyond
the municipal boundary. To address this issue, the first notice amendments propose to
allow use of a groundwater ordinance for any area within the measured and modeled
extent of groundwater contamination above what would otherwise be the applicable Tier
I groundwater objectives .
The amendments propose to add new institutional control forms to be used by
participants in regulatory programs subject to the TACO remediation objectives . These
forms are based on model documents that the Agency had posted on its Web site for easy
public use . The Agency stated that it would now be appropriate to codify the model
documents and formally require their use
.
Additionally, the amendments propose to change the existing lead soil remediation
objective for the industrial/commercial and construction worker ingestion pathways from
400 milligrams per kilogram (mg/kg) to 800 mg/kg and 700 mg/kg for the
industrial/commercial and construction worker ingestion routes, respectively. The
ILLINOIS REGISTER
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POLLUTION CONTROL BOARD
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NOTICE OF PROPOSED AMENDMENTS
existing remediation level is based on a child's exposure assumptions
; the proposed new
levels are more appropriately based on the United States Environmental Protection
Agency's Adult Blood Lead Model .
5)
Published studies or reports, and sources of underlying data, used to compose this
rulemaking
: The PAR levels proposed in this rulemaking are based on two studies
performed in 2001 and 2002 . The first study was conducted by the City of Chicago in
conjunction with the United States Geological Survey (USGS) to assess PAH levels in
Chicago ambient soils . A Brownfield Redevelopment Grant was approved for the City of
Chicago in July 2000 to allow for the study . The results of the study were presented by
Tetra Tech Inc . in Polynuclear Aromatic Hydrocarbon Study, City of Chicago, IL . The
second study was conducted by the Electric Power Research Institute (EPRI) in soils
statewide, with the results of the study published in Polycyclic Aromatic Hydrocarbons
(PAHs) in Surface Soil in Illinois : Background PAHs . The Board is proposing to
incorporate both studies by reference in this rulemaking
. The following materials were
also relied on in the development of this rulemaking, and the Board is proposing to
incorporate them by reference into the rule :
ASTM
. American Society for Testing and Materials, 100 Ban Harbor Drive, West
Conshohocken, PA 19428-2959. (610) 832-9585 .
ASTM D 2974-00, Standard Test Methods for Moisture, Ash and Organic Matter of Peat
and Other Organic Soils, approved August 10, 2000 .
ASTM D 2488-00, Standard Practice for Description and Identification of Soils (Visual-
Manual Procedure), approved February 10, 2000 .
ASTM D 1556-00, Standard Test Method for Density and Unit Weight of Soil in Place
by the Sand-Cone Method, approved March 10, 2000 .
ASTM D 2922-01, Standard Test Methods for Density of Soil and Soil-Aggregate in
Place by Nuclear Methods (Shallow Depth), approved June 10, 2001 .
ASTM D 2937-00el, Standard Test Method for Density of Soil in Place by the Drive-
Cylinder Method, approved June 10, 2000 .
ASTM D 854-02, Standard Test Methods for Specific Gravity of Soil Solids by Water
Pycnometer, approved July 10, 2002 .
ASTM D 2216-98, Standard Test Method for Laboratory Determination of Water
ILLINOIS REGISTER
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NOTICE OF PROPOSED AMENDMENTS
(Moisture) Content of Soil and Rock by Mass, approved February 10, 1998 .
ASTM D 4959-00, Standard Test Method for Determination of Water (Moisture) Content
of Soil by Direct Heating, approved March 10, 2000 .
ASTM D 4643-00, Standard Test Method for Determination of Water (Moisture) Content
of Soil by the Microwave Oven Method, approved February 10, 2000 .
ASTM D 5084-03, Standard Test Methods for Measurement of Hydraulic Conductivity
of Saturated Porous Materials Using a Flexible Wall Permeameter, approved November
1, 2003.
ASTM D 422-63 (2002), Standard Test Method for Particle-Size Analysis of Soils,
approved November 10, 2002
.
ASTM D 1140-00, Standard Test Methods for Amount of Material in Soils Finer than the
No. 200 (75 µm) Sieve, approved June 10, 2000 .
ASTM D 3017-01, Standard Test Method for Water Content of Soil and Rock in Place by
Nuclear Methods (Shallow Depth), approved June 10, 2001 .
ASTM D 4525-90 (2001), Standard Test Method for Permeability of Rocks by Flowing
Air, approved May 25, 1990
.
ASTM D 2487-00, Standard Classification of Soils for Engineering Purposes (Unified
Soil Classification System), approved March 10, 2000 .
ASTM D 1527-00, Standard Practice for Environmental Site Assessments : Phase I
Environmental Site Assessment Process, approved May 10, 2000
.
ASTM E 1739-95 (2002), Standard Guide for Risk-Based corrective Action Applied at
Petroleum Release Sites, approved September 10, 1995 .
GPO. Superintendent of Documents, U .S
. Government Printing Office, Washington, DC
20401, (202) 783-3238 .
"Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", USEPA
Publication number SW-846 (Third Edition, Final Update IIIA, April 1998), as amended
by Updates I, IIA, III, and IIIA (Document No . 955-001-00000-1)
.
ILLINOIS REGISTER
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POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
"Methods for the Determination of Organic Compounds in Drinking Water, Supplement
I", EPA Publication No
. EPA/600/4-90/020 (July 1990)
.
"Guidance for Data Quality Assessment, Practical Methods for Data Analysis, EPA
QA/G-9, QAOO Update," EPA/600/R-96/084 (July 2000)
. Available at
www.epa.gov/quality/qs-docs/g9-final
.pdf.
NTIS
. National Technical Information Service, 5285 Port Royal Road, Springfield, VA
22161, (703) 487-4600.
"Calculating Upper Confidence Limits for Exposure Point Concentrations at Hazardous
Waste Sites", USEPA Office of Emergency and Remedial Response, OSWER 9285/6-10
(December 2002), PB 2003-104982
.
"Exposure Factors Handbook, Vol
. I: General Factors", EPA Publication No
.
EPA/600/P-95/002Fa (August 1997)
.
"Exposure Factors Handbook, Vol
. II
: Food Ingestion Factors", EPA Publication No
.
EPA/600/P-95/002Fb (August 1997)
.
"Exposure Factors Handbook, Vol . III
: Activity Factors", EPA Publication No
.
EPA/600/P-95/002Fc (August 1997)
.
"Risk Assessment Guidance for Superfund, Vol
. I
: Human Health Evaluation Manual
(Part E, Supplemental Guidance for Dermal Risk Assessment) Interim", EPA Publication
No. EPA/540/R/99/005 (September 2001)
.
"Supplemental Guidance for Developing Soil Screening Levels for Superfund Sites",
OSWER Directive 9355
.4-24 (December 2002) .
United States Environmental Protection Agency, Office of Environmental Information
(2000)
. "Guidance for Data Quality Assessment, Practical Methods for Data Analysis",
EPA QA/G-9, QAOO update
. EPA Publication No . EPA/600/R-96-084
. (Available
online at
www.epa.pov/oswer/riskassessment/pdf/ucl
.pdf).
The following reports or studies were also used in the development of this rulemaking, but the
Board is not proposing to incorporate them by reference into the rule itself
:
IRIS
. Integrated Risk Information System, National Center for Environmental
Assessment, U .S
. Environmental Protection Agency, 26 West Martin Luther King Drive,
ILLINOIS REGISTER
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POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
MS-190, Cincinnati, OH 45268, (513) 569-7254
.
Reference Dose for Chronic Oral Exposure (RfD)
: Acetone (CASRN 67-64-1) (July 31,
2003)
. Available online at
www .epa.gov/iris/subst/0I28
.htm.
Reference Dose for Chronic Oral Exposure (RfD)
: Boron and Compounds (CASRN
7440-42-8)(August 5, 2004)
. Available online at www.epa.gov/iris/subst/0410
.htm
.
Reference Dose for Chronic Oral Exposure (RfD)
: 1,2-Dibromoethane (CASRN 106-93-
4)(July 29, 2004)
. Available online at www.epa.gov/iris/subst/0361
.htm
Reference Dose for Chronic Oral Exposure (RfD)
: 1,1-Dichloroethylene (CASRN 75-
35-4)(August 13, 2002)
. Available online at www.epa.gov/iris/subst/0039
.htm .
Reference Dose for Chronic Oral Exposure (RfD)
: Phenol (CASRN 108-95-
2)(September 30, 2002)
. Available online at www.epa.gov/iris/subst/0088
.htm .
Reference Dose for Chronic Oral Exposure (RfD)
: Xylenes (CASRN 1330-20-7)(File
first online September 30, 1987, last revised February 21, 2003)
. Available online at
www.epa.,gov/iris/subst
0270 .htm .
United States Environmental Protection Agency, Office of Air and Radiation (1999)
.
"Understanding Variation In Partition Coefficient, Kd, Values
. Volume II
: Review of
Geochemistry And Available Kd Values For Cadmium, Cesium, Chromium, Lead,
Plutonium, Radon, Strontium, Thorium, Tritium (3H),
And Uranium" EPA Publication
No. EPA/402/R-99-004B August 1999
.
6)
Will this rulemaking replace any emergency rulemaking currently in effect?
No
7)
Does this rulemaking contain an automatic repeal date?
No
8)
Does this rulemaking contain incorporations by reference?
Yes
9)
Are there any other proposed rulemakings pending on this Part?
No
10)
Statement of Statewide Policy Objectives
:
This proposed rule does not create or enlarge
a State mandate, as defined in Section 3(b) of the State Mandates Act
. [30 ILCS 805/3(b)
(2004)] .
11)
Time, Place, and Manner in which interested persons may comment on this proposed
ILLINOIS REGISTER 8
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POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENTS
rulemaking: The Board will accept written public comment on this proposal for 45 days
after the date of publication in the Illinois Register
. Comments should reference Docket
R06-10 and be addressed to :
Clerk's Office
Illinois Pollution Control Board
100 W. Randolph St ., Suite 11-500
Chicago, IL 60601
Interested persons may request copies of the Board's opinion and order by calling
Dorothy Gunn at 312-814-3620, or download from the Board's Web site at
www.ipcb.state .il.us.
For more information contact Richard McGill at 312/814-6983 or email at
mcgillr@ipcb .state.il.us.
12)
Initial Regulatory Flexibility Analysis
:
A)
Types of small businesses, small municipalities and not for profit corporations
affected: This rulemaking would impact any small businesses, small
municipalities and not for profit corporations participating in regulatory programs
subject to TACO remediation objectives.
B)
Reporting, bookkeeping or other procedures required for compliance : This
rulemaking does not impose additional bookkeeping requirements beyond those
already required by the existing rules . The amendments do propose new forms to
be used in conjunction with certain institutional controls : HAA, HAA MOA,
Environmental Land Use Control (ELUC), and Memorandum of Understanding
(MOU). The forms are found in the proposed new TACO Appendices D (HAA),
E (HAA MOA), F (ELUC), and H (MOU) and are cross-referenced in the rule
text.
C)
Types of Professional skills necessary for compliance : No professional skills
beyond those currently required by the existing state regulations applicable to
affected sources will be required
.
13)
Regulatory Agenda on which this rulemaking was summarized : July 2006
The full text of the Proposed Amendments begins on the next page :
