BEFORE THE ILLINOIS POLLUTIO
    PROPOSED
    ACH TO CORRECTIV
    TIERED)
    R09-9
    herriault
    Mr. Richard McGill
    NOTICE OF FILIN
    (Rulemaking - Land)
    ant Clerk of the Board
    Hearing Officer
    Illinois Pollution
    Control
    Board
    Illinois
    Pollution Control Board
    andolph Street
    inois 60601
    Chicago, Illinois 60601
    ELECTRONIC MAIL
    TTACHED SERVICE LIS"
    2009
    A
    IL
    fý
    I
    I s.
    3 150 Roland Avenue
    Post Office Box
    5776
    Illinois 62705-577
    E ll (.-ril l k,
    D.
    I-
    ON RECYCLED
    PAPER
    Electronic Filing - Received, Clerk's Office, March 5, 2009
    CONTROL BOARD
    P ROPOSED AMENDMENTS TO TIERED)
    TRODUCTION
    the Site Rem
    STIMO
    ory
    Committee ("SRAC"), and
    FB
    e
    Testimon
    n St. Lout
    P-.,
    d matter.
    day.
    CORRECTIVE ACTION )
    5
    ILL. ADM.
    CODE 742) )
    -TILED TESTIMONY OF BRIAN
    H. MARTIN
    ibed by Gary King at the January 27, 2009 hearing in Springfield,
    has been active
    in working with the Illinois Environmental Protection Agency ("Illinois
    EPA"
    ak, on behalf of SRAC, in support of the averaging approach proposed by
    n developing this proposal since 2007. My testimony today is
    is author i. ed by Section 58.11 of the Illinois Environmental
    Protection Act, 415
    t orn the I'linois State Char-f.)er ofCorarxerce, Illinois Manufacturer's Association,
    1llir-ois, Con°ulriw-
    Pig Jneers
    Council of
    Illinois, Illinois Bankers
    ,I _r,, Asso-,,i1-, of Illinois, Illinois Realtor Association, and theNational
    Lion. Additiou ,1 groups, such as IERG, the Illinois Petroleum Council,
    ity of Chicago, participate on an ad
    hoc
    basis.
    Electronic Filing - Received, Clerk's Office, March 5, 2009
    the Agency in Errata Sheet Number 3, as well as
    concerns on
    Pre-Filed
    Questions and subsequently in follow-up questions at the first
    hearing,
    oposed rule on on-going remedi
    t
    II. SOIL D
    Errata Sheet Number 3. S
    ovide further elaboration on
    roposed by the Illinois EPA in
    reciates the Agency's witlingness to work
    with us on
    ly implemented, this approach will
    provide flexibility an
    of No Further Remediation ("NFR") letters.
    raised by Illinois Environmental
    Regulatory Group ("IERG"), in its
    ING
    g rari
    l
    u
    t: i
    l.lte use o T a',1:r,ý,_':n'._
    s
    the dal , ý,il h n ll' rred by reme
    er settin
    ,ývh(m this pathway can be ,
    proposal, in addition to creating the new indoor inhalation pathway, also
    PL
    ber o
    pathways. Although the Agency has
    e implemen
    for various chemicals for all of the
    ated that it does not intend to req
    nds to requir
    not been clo
    tive
    elate of these rules. Illinois EPA's Responses to Prefiled
    Electronic Filing - Received, Clerk's Office, March 5, 2009
    Matter of:- Proposed Arnendrnews
    to Tiered Approach
    to Corrective
    Action
    Objectives (35 Ill. Adni. Code 742),
    iswers 11 (d)-(f)
    (111. Pal. Control. Bd. Jan. 15, 2009). Consequently,
    many responsible parties
    are
    osed
    amended regulations as if they were in force
    today because
    o do so could potentially result in the rejection
    of their Remedial Action
    Completion Reports ("RACK"). An
    NFR
    letter
    issued for those projects, prior
    to the
    what was requi
    ese amendments, may provide no indication
    of the fact that the indoor
    ndlor the updated
    ROs were evaluated, above and beyond
    y the currently applicable regulations.
    ly impact
    proj(xc~ ts,
    for
    which
    the clean-up e
    yet received their N
    requirements
    applicable at the time of their
    that the Agency was still cons
    NDATION
    ed.
    their comp
    rý ý" tilýitory
    to be denied an NFR letter on
    the ba
    on report
    at the time these
    schedule would provi
    of certainty regardii):ý
    l;oth
    which r. ý,i Tl ý
    Electronic Filing - Received, Clerk's Office, March 5, 2009
    remediation project,
    as well as cent
    NFR
    letters.
    SRAC would suggest that the applicability
    of the proposed amendments to a
    based on the date of submissi
    Those sites that have
    submitted their RACK
    of the amendments currently
    under cons
    o the requirements
    o the effective date
    ingly,
    SRAC would suggest that
    NFR letters issued for completed
    projec
    eme
    as of the date of the submission
    of the
    RACK.
    Additionallv, it would also be
    itly state that the site met the
    ntained in the Tiered Approach to
    Corrective Action Objectives
    oiccts which are ev7luati
    Ilfi_.:,L
    that the NI L11- tLwr issued for
    that s
    I
    ie, as well as
    illingness
    to work
    ilable to perform soil averaging, in the appropriate
    beneficial to remediation projects. I also believe that the issues
    garding the content of NFR letters and the impact of implementation
    on on-
    suggested.
    Electronic Filing - Received, Clerk's Office, March 5, 2009
    On behalf of SRAC, I would like to thank
    the Board for
    providing
    the opportunity
    I would
    be happy to
    respond to any questions
    R espectfully
    submitted,
    Dated: March S,
    2009
    CHMM
    sulting
    Environmental Scientist
    Environmental Services
    1901 Chouteau Avenue
    Post
    Office Box 66149, MC 602
    St.
    Louis,
    Missouri 63166-6149
    (314)
    554-2233
    Brian H. Martin
    Electronic Filing - Received, Clerk's Office, March 5, 2009
    ICATE OF SERVICE
    I,
    attached P
    it
    Board
    ois Pollution Control
    {BRIAN
    H. MARTIN upon:
    e 11-500
    ge, the
    undersigned, hereby
    100 West Randolph Street, Sui
    Chicago, Illinois
    is mail
    on March 5, 2009;
    Illinois Pollution Control Board
    1525 South Sixt
    Inc.
    100 West Randolph, Suite 11-500
    Springfield, Illinois 62703-2886
    1
    t-t
    Codiksen,
    t i Counsel
    1 11
    N-cth Grand Avenue
    Box 19276
    C i I ,'
    Fm/; 1-onmental Bureau
    69 W. Washington,
    18th Floor
    b Mankowski
    South Holland, Illinois 60473
    Mr. Mark
    Schultz
    nal Environmental
    Coordinator
    cilities and Engineering
    Company
    is 60602
    Avenue
    Room 302
    h Dirksen Parkway
    Electronic Filing - Received, Clerk's Office, March 5, 2009
    Weaver Boos & Gordon
    Andrews
    iss
    3300 Ginger Creek
    Springfield, Illinois 6271
    , P.E., P.G.
    g
    ieser, Esq.
    650
    77 W. Wacker
    4100
    cago, Illinois
    60601
    Raymond T. Reott, Esq.
    Jorge
    T. Mihalopoulos,
    Esq.
    Reott Law
    Offices,
    LLC
    35 East Wacker
    & Associates, Inc.
    2012 W. College Avenue
    ormal, Illinois 6176
    C'tvr1cs
    A. Kin
    at;-i Counse
    CPi
    iý
    ý
    LjýPartmcnt
    of
    "Salle
    00
    edi Associates, Inc.
    Lane
    finois
    62702
    60565
    Decatur. Illinois
    Mr. Stan
    Willie
    Chief
    Illin
    One
    rdson
    rook Court
    2510 Brooks
    Dr
    Yonkatiski
    -harrdson, Esq.
    Counsel
    nt of Natural Resources
    Mr. Jarrc~tt
    Illinois
    62702.1
    L. F
    Pj,-,,ident
    Burns &
    McDonnell
    Engineering
    SuburLun Laboratories, Inc.
    Company, Inc.
    Commonwealth
    Edison
    mental Management
    &
    oods LLP
    Walton
    nth Dearborn Street
    Electronic Filing - Received, Clerk's Office, March 5, 2009
    215 East Adapts
    atary
    Grain
    ngfieid, Illinois
    62701
    said documents
    n March 5, 2009.
    aid,
    in Springfield,
    I ERG:001/R Llockets/Fil/R-09-9/NC}F-CCJS
    - Prefiled T .
    Electronic Filing - Received, Clerk's Office, March 5, 2009

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