CARLSON
    ENVIRONMENTAL
    December
    15,
    2008
    Ci
    62008
    SThTE
    Illinois
    Pollution
    Control
    Board
    ?oiIutj
    conjNo1S
    100
    West
    Randolph
    Board
    Suite
    11-500
    Chicago,
    Illinois
    60601
    RE:Case
    No:
    R2009-009
    Case
    Type:
    Rulemaking
    Media
    Type:
    Land
    County:
    Statewide
    Case
    Name:
    In
    the
    Matter
    of:
    Proposed
    Amendments
    to
    Tiered
    Approach
    to
    Corrective
    Action
    Objectives
    (35
    Ill
    Adm.
    Code
    742)
    Board
    Member:
    Johnson,
    T.E.
    Hearing
    Officer:
    McGill,
    R.
    Status:
    Board
    Order
    Dear
    Mr.
    McGill:
    1)
    If
    I
    have
    soil
    and
    ground
    water
    issues
    on
    my
    site,
    in
    addition
    to
    evaluating
    indoor
    inhalation
    on
    my
    site
    as
    per
    the
    proposed
    TACO
    rules,
    would
    I
    also
    have
    to
    evaluate
    potential
    off-site
    lateral
    migration
    of
    measured
    impacts
    via
    Equation
    R-26
    to
    assess
    the
    potential
    for
    (ground
    water
    component
    of)
    indoor
    inhalation
    exceedances
    on
    my
    neighbor’s
    property
    as
    well?
    As
    an
    alternative,
    could
    I
    install
    monitoring
    wells
    along
    our
    shared
    property
    boundary
    to
    measure
    actual
    ground
    water
    concentrations?
    If
    either
    approach
    results
    in
    potential
    off-site
    exceedances
    of
    the
    ground
    water
    component
    of
    indoor
    inhalation,
    what
    will
    I
    be
    required
    to
    do
    (neighbor
    notification,
    ELUC
    requiring
    installation,
    operation,
    and
    maintenance
    of
    a
    building
    control
    technology,
    etc.)?
    If
    an
    ELUC
    is
    required
    on
    my
    neighbor’s
    property
    and
    he
    is
    reluctant
    to
    comply,
    can
    I
    still
    get
    my
    NFR?
    Is
    it
    reasonable
    to
    assume
    that
    only
    ground
    water
    (not
    soil)
    transport
    onto
    adjoiners’
    properties
    will
    require
    evaluation?
    2)
    p.
    9
    of
    Gary
    King’s
    Nov.
    14,
    2008
    pre-filed
    testimony
    says,
    “Building-specific
    default
    values
    for
    the
    following
    parameters..
    .The
    same
    default
    values
    must
    be
    used
    for
    the
    same
    parameters
    when
    performing
    Tier
    2
    calculations.
    The
    actual
    values
    of
    these
    parameters
    do
    not
    have
    a
    great
    impact
    on
    the
    rernediation
    objectives;
    however,
    the
    default
    values
    are
    based
    on
    a
    conservative
    representation
    of
    the
    type
    of
    buildings
    that
    are
    or
    may
    be
    present
    at
    the
    site
    in
    the
    future.
    Without
    these
    conservative
    values,
    restrictions
    would
    be
    required
    on
    the
    minimum
    size
    of
    a
    building
    that
    can
    be
    constructed
    over
    the
    contaminated
    area.”
    I
    understand
    the
    Illinois
    EPA’s
    institutional
    control-related
    challenge,
    but
    take
    issue
    with
    the
    defaults
    not
    having
    a
    great
    impact
    on
    the
    remediation
    objectives.
    In
    our
    preliminary
    analysis,
    we
    are
    finding
    that
    the
    building
    dimensions
    can
    significantly
    alter
    the
    Tier
    2
    remediation
    objectives.
    Our
    clients
    are
    industrial
    users,
    and
    instead
    of
    65
    feet
    x
    65
    feet
    x
    10
    feet
    tall
    (the
    default
    assumptions),
    tend
    to
    have
    buildings
    that
    are
    500
    ft
    x
    500
    ft
    x
    25
    ft
    tall,
    and
    this
    does
    have
    a
    dramatic
    effect
    on
    the
    Tier
    2
    indoor
    inhalation
    remediation
    objectives.
    In
    putting
    together
    our
    SRP
    reports,
    we
    will
    run
    the
    Tier
    2
    calculations
    using
    the
    building
    dimension
    defaults.
    If
    there
    are
    no
    exceedances,
    the
    outcome
    is
    65
    East
    Wacker
    Place•
    Suite
    1500•
    Chicago,
    Illinois
    60601
    Phone
    (312)346-2140.
    Fax
    (312)
    346-6956
    w’.carIsonenvcorn

    CARLSON
    ENVIRONMENTAL
    Mr.
    McGill
    Illinois
    Pollution
    Control
    Board
    December
    15,
    2008
    Page
    2
    straightforward.
    However,
    if
    the
    Tier
    2
    remediation
    objectives
    using
    the
    default
    building
    dimensions
    predict
    an
    exceedance,
    our
    inclination
    is
    to
    also
    run
    the
    Tier
    2
    calculations
    using
    the
    existing
    building-specific
    dimensions,
    and
    present
    both
    outcomes.
    If
    no
    exceedances
    are
    predicted
    using
    the
    building-specific
    dimensions,
    is
    there
    a
    proposed
    institutional
    control
    option
    that
    would
    allow
    us
    to
    avoid
    putting
    in
    a
    (unnecessary)
    building
    control
    technology
    until
    the
    existing
    building
    is
    demolished
    and
    a
    future
    building
    is
    constructed?
    For
    example,
    perhaps
    our
    NFR
    has
    a
    condition
    that
    requires
    a
    building
    control
    technology
    or
    max.
    size
    for
    future
    construction
    (when
    the
    existing
    building
    is
    torn
    down).
    Somehow
    the
    Illinois
    EPA’s
    approval
    letter/NFR
    will
    acknowledge
    that
    the
    current
    building
    conditions
    are
    acceptable.
    Surely
    no
    one
    thinks
    it’s
    a
    good
    idea
    to
    install
    an
    unnecessary
    mitigation
    system
    (based
    on
    modeling)
    in
    an
    existing
    building
    just
    to
    get
    an
    NFR.
    Obviously
    if
    our
    Tier
    2
    calculation
    with
    building-
    specific
    inputs
    indicates
    a
    problem,
    we
    would
    have
    to
    install
    a
    building
    control
    technology.
    We
    recognize
    that
    Tier
    3
    does
    allow
    for
    use
    of
    building-specific
    dimensions,
    however,
    are
    finding
    that
    inclusion
    of
    the
    advection
    component
    in
    the
    modeling
    has
    a
    profound
    effect
    on
    the
    Tier
    3
    remediation
    objectives.
    In
    some
    instances,
    it
    overwhelms
    the
    benefits
    of
    the
    larger
    building.
    In
    general,
    it
    is
    not
    intuitive
    that
    a
    larger
    building
    is
    more
    prone
    to
    cause
    or
    promote
    the
    advection
    phenomenon.
    3)
    p.
    15
    of
    Gary
    King’s
    pre-filed
    testimony
    notes
    that
    when
    comparing
    the
    calculated
    soil
    gas
    remediation
    objective
    to
    soil
    gas
    samples
    from
    the
    site,
    Section
    742.7
    17(k)
    instructs
    site
    evaluators
    to
    use
    soil
    gas
    data
    collected
    at
    a
    depth
    at
    least
    3
    feet
    below
    the
    ground
    surface...”
    Does
    this
    contradict
    742.717(k)
    where
    it
    discusses
    the
    need
    for
    soil
    gas
    samples
    to
    have
    been
    obtained
    from
    a
    depth
    of
    5
    feet?
    4)
    p.
    1
    8
    of
    Gary
    King’s
    pre-fi
    led
    testimony
    says,
    “It
    is
    possible
    to
    calculate
    a
    Tier
    2
    soil
    remediation
    objective
    more
    stringent
    than
    the
    Tier
    I
    soil
    remediation
    objective
    for
    the
    indoor
    inhalation
    pathway;
    in
    such
    cases,
    the
    Tier
    I
    remediation
    objective
    applies.”
    This
    seems
    to
    contradict
    742.717(1).
    Respectfully
    submitted,
    CARLSON
    ENVIRONMENTAL,
    INC.
    Gail
    Artrip,
    P.E.
    Project
    Director
    65
    East
    V\/acker
    Place•
    Suite
    1500
    Chicago,
    Illinois
    60601
    Phone
    (312)346-2140.
    Fax
    (312)346-6956.
    www.carlsonenv.com

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