BEFORE
THE ILLINOIS
POLLUTION
CONTROL BOARD
IN THE
MATTER OF:
PROPOSED AMENDMENTS
TO
TIERED APPROACH
TO CORRECTIVE
ACTION
OBJECTIVES
(35 Ill.
Adm. Code 742)
Dorothy Gunn, Clerk
Illinois Pollution Control Board
James
R. Thompson Center
100W. Randolph, Suite
11-500
Chicago, Illinois 60601
(Via Federal Express)
Matt
Dunn
Environmental
Bureau Chief
Office of the Attorney General
James
R. Thompson Center
1QO W. Randolph,
12
th
Floor
Chicago,
Illinois
60601
(Via First Class
Mail)
Participants on the Service List
(Via First Class Mail)
Bill Richardson
Chief
Legal
Counsel
Illinois
Dept. ofNatural
Resources
One Natural Resources
Way
Springfield, Illinois
62702-127
1
(Via First Class
Mail)
Richard McGill
Hearing Officer
Illinois
Pollution Control
Board
James
R. Thompson
Center
100
W. Randolph,
Suite 11-500
Chicago, Illinois
60601
(Via Federal Express)
iLl INOTS
ENVTR
ONIvFRNTAL
PROTECTION AGENCY
By:
}CimberlyAeving
Division of Legal Counsel
)
)
)
)
)
)
)
R09-9
OFpI
MAJ?
I
009
pItofl
STATE
OF
Control
lLLlNOiSoard
NOTICE
PJ.EASE TAKE
NOTICE
that I have today filed
with the Office
of the
Clerk
of the
Illinois Pollution Control Board the Illinois Environmental
Protection Agency’s
(“Illinois
EPA”)
Pre-filed
Responses to Pre-Filed
Ouestions
from Raymond
Reott and
the Illinois
Environmental
Regulatory Group a copy of each of which is herewith served
upon
you.
DATE: March
11,2008
1021
North
Grand
Avenue
East
P.O. Box
19276
Springfield,
Illinois
62794-9276
(217)
782-5544
BEFORE THE
ILLINOIS
POLLUTION
CONTROL BOARD
IN
THE
MATTER OF:
)
PROPOSED
AMENDMENTS
TO
TIERED
)
R09-9
APPROACH
TO CORRECTiVE
ACTION
)
(RulemakingLan’S
OFFICE
OBJECTIVES
)
MA?
1
(35 111.
Adm.
Code 742)
)
ILLINOIS
EPA’s PRE-FILED
RESPONSES
TO
QUESTIONS
SUBMITTED
BY
RAYMOND
T.
REOTT AND
THE ILLINOIS
ENVIRONMENTAL
REGULATORY
GROUP
QUESTIONS
FROM
RAYMOND
REOTT
Question
1: Which studies
or data, if
any, submitted to the
Board correlate the
proposed
predicted
indoor concentrations
in
the
Johnson
&
Ettinger model
to
actual
indoor
air
sampling?
Of those studies,
which
correlate the
proposed model to
actual indoor sampling
at sites in
Illinois?
Answer 1:
The
principal
document is
U.S. EPA’s OSWER
Draft
Guidance,
Evaluating
the Vapor
Intrusion
to Indoor Air Pathwayfrom
Groundwater
and Soils, published
in 2002.
None of
the publications
referenced
by
Illinois EPA, including
U.S.
EPA’s
Draft Guidance,
are
specific
to actual sites in
Illinois;
that is
not the intent
of these documents.
-
Question
2: Why should
depth
to
contamination
matter
for
the outdoor inhalation
pathway where the
outdoor inhalation
pathway
for contamination
deeper than 10
feet is
excluded
based upon
10 feet of
any overlying clean soil,
even sand, 35 Ill.
Admin. Code
742
§
11
05(c)(3)(C)(iii), but not
matter
in Tier 1 for the proposed
indoor inhalation
pathway?
Answer
2:
Illinois EPA used
different fate
and transport
models to
develop these
two
pathways.
As
a
result
of
Illinois
EPA’s work in developing
the
indoor
inhalation
proposal,
the
1
outdoor inhalation
pathway
needs
to
be
reviewed
to account for
the disparity. Illinois
EPA
did
not re-evaluate the
outdoor inhalation pathway
as
part
of
this
rulemaking.
Question
3:
What
are
the assumptions
used
in the
Johnson
&
Ettinger model?
Answer
3:
The
Johnson & Ettinger
parameter
values
and their
sources
are
set
forth
in
Appendix
C,
Table
M.
Question
4: Which of
the assumptions
in the Johnson
&
Ettinger model
have the
highest
sensitivity
in
terms
of the
values
proposed
by the agency in its
Tier 1
Table
G?
Answer
4:
The most
sensitive
parameters
are water-filled
soil porosity
and fraction
•
organic
carbon content.
Question
5: What is the basis for
believing that the chosen
assumptions
reflect
representative Illinois
conditions for the
various parameters?
Answer 5: Illinois
EPA used numbers in
the existing TACO
rule
as
default
parameters.
Question
6: Is the default porosity
value
chosen for the model
for Tier 1
representative
of typical Illinois
soil
conditions? Is
the FOC value selected
as a
default
condition in
the
proposed model for Tier
1
representative
of typical Illinois
soil conditions? (Illinois
EPA’s
Proposed Amendments,
35 Ill. Admin.
Code §742, Appendix
C,
Table M)
Answer
6: If
“typical” means
average,
then the answer
to both
questions
is no. Using
an
average concept for
these parameters
would
not be
consistent
with TACO. Illinois
EPA chose
•
Tier 1 default parameter
values that
are protective when
applied statewide.
Question
7: Did
the agency review
any of the
articles
critical
of the cumulative
conservative
assumptions
of the
Johnson
&
Ettinger
model such
as
those published
by
USEPA?
(See
USEPA, Sept. 2005,
J.
Weaver and
F. Tillman, Uncertainty
and the Johnson-Ettinger
Model
for Vapor Intrusion
Calculations;
USEPA,
Sept.
2005, F. Tiliman
and J.
Weaver, Review
of
2
Recent
Research
on Vapor
Intrusion).
If
so,
why
are
those
criticisms not
appropriate
to
consider
as the
Board
evaluates
whether
to adopt
regulatory
standards
based
on the Johnson
&
Ettinger
model?
Answer
7:
Yes, Illinois
EPA
did review
those
articles.
It
is
appropriate
for the
Board
to
consider
any
relevant
information.
Question
8:
Why is
Illinois EPA
proposing
to apply
the Johnson
&
Ettinger
model
to
Illinois
LUST
sites
when USEPA
recommends
against
its use for
LUST sites?
Answer
8: Key contaminants
addressed
in the
LUST
program
— BTEX,
MTBE,
and
naphthalene
— are
volatile
chemicals.
The program
exclusion
suggested
here
would
not
be
consistent
with
TACO
because TACO
is
a
cross-program
methodology
that
does
not care
whether
the
environmental
release
comes
from
a tank
or a
drum or a
spill.
Question
9: Why
is Illinois
proposing
to use
the Johnson
&
Ettinger
model in
other
contexts
where
USEPA
does no
recommend
its use
such as sites
with
buried
pipelines
where
significant
lateral
flow of vapors
occurs
and
sites
with very
shallow groundwater
where
the
groundwater
wets
the building
foundation?
(USEPA’s
User
Guide
for
Evaluating
Subsurface
Vapor
Intrusion
into
Buildings,
Feb. 22,2004,
p.
69-70).
Answer
9:
Illinois
EPA is
not
recommending
the
use of this
model where
the
underlying
assumptions
of the model
are violated.
At sites
where there
are known
preferential
pathways,
as
mentioned
in the above
question,
the J&E
model
will
not he used
and the speeifi
evhitign
must
take into
account the
site
specific
conditions,
i.e. the
nature
and
extent
of the
preferential
pathways.
This
also
applies to
situations
where the
groundwater
level
is very shallow.
Question
10: What
is
the effect
on the
Tier
1 values
in Table
G
of
assuming
that
the
default
building
has
a basement
rather than
slab
on
grade construction?
3
Answer
10:
It raises
the
Tier
1 values.
Question
11:
Did Illinois
EPA
review
any
studies
of
typical
building
size
in
Illinois
before
choosing
the
assumed
dimensions in the
proposed rule?
Answer
11:
Illinois
EPA
did not
use
a
typical
building
size
because
that
would
be
an
average
and
not
sufficiently
protective.
Using
an
average
approach
would
have
required
conditioning
of every
No
Further
Remediation
letter
based
on
building
size.
illinois
EPA
based
its default
dimensions
on
older,
smaller
homes
and
small
retail
sites.
QUESTIONS
FROM
THE
ILLINOIS
ENVIRONMENTAL.
REGULATORY
GROUP
Question
1:
What
actions
will
the
Agency
take
is
an
indoor
inhalation
issue
is
discovered at a
leaking
underground
storage tank (“LUST”) site
where
the
owner
or
operator
has
already
been
issued
a
No
Further
Remediation
(“NER”)
letter
for.a
prior
release?
a.
What
actions
will
the Agency take if
the
indoor
inhalation
issue
is
related
to
the
prior
release?
b.
Can
the
prior
LUST
incident
be
re-opened?
c.
Would
the owner
or operator
report
the
indoor
inhalation
issue
as
a new
release?
Answer
1: The
Agency’s
intent
is not
to
reopen
LUST
site,
due to
an indoor
inhalation
issue,
for which
an NFR
Letter
has
been
issued.
If
the
tank
owner
or
operator
wishes
to
address
an indoor
inhalation
issue
at
a LUST
site
and
to
obtain
a
new NFR
Letter,
the
owner
or operator
would
need
to
enroll
the
site in
the
Agency’s Site Remediation
Program
(or
Voluntary
Cleanup
Program).
4
a.
The
owner
or operator
would
be
referred
to the
Site
Remediation
Program.
b.
No. The
LUST
incident
will
not
be
reopened.
c. No.
The
indoor
inhalation
issue should
not
be
reported
as a
new release.
Question
2:
Will
corrective
action
to address
the
indoor
inhalation
pathway
be
eligible
for
reimbursement
from
the
LUST
Fund
for releases
where
an
NFR
letter
has
already
been
issued?
Answer
2:
No.
If the
owner
or operator
of
a LUST
site
enrolls
the
site in
the
Site
Remediation
Program,
the owner
or
operator
would
be
responsible
for paying
corrective
action
costs at
the site.
Question
3:
Will
the Illinois
Pollution
Control
Board’s
LUST
regulations
need
to
be
amended
to
address
issues
related
to reimbursement
from the
LUST
Fund
for indoor
inhalation
activities?
Answer
3: Yes.
The
LUST
Program
regulations
will
need to
be
amended
to
address
issues
related
to reimbursement
for the
sites that
have
not
received
an
NFR
Letter.
Question
4:
In
the past,
the Agency
has
indicated
that it will
void
NFR letters
at sites
where
an
indoor
inhalation
issue
is discovered.
Is
there
an
alternative
process
by
which
the
indoor
inhalation
issue
can
be addressed
at
the
site
without
voiding
the
NFR
letter?
Answer
4: The
owner
or
operator
should
enroll
the
site
in the
Site
Remediation
Program
for an
NFR
Letter
addressing
the indoor
inhalation
exposure
route.
S
Date:
March
11,2009
1021
North
Grand
Ave.
East
P0
Box
19276
Springfield,
Illinois
62794-9276
(217)
782-5544
6
Respectfully
submitted,
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
Assistant
Co
nsel
Division
of
Legal
Counsel
I, the
undersigned,
on
oath state
that
I have
served
the
attached Pre-filed
Responses
to Pre-Filed
Questions
of Raymond
Reott
and
the Illinois
Environmental
Regulatory
Group
upon
the
persons
to
whom
they
are
directed,
by
placing
a
copy
of each
in
an envelope
addressed
to:
Dorothy
Gunn,
Clerk
Illinois
Pollution
Control Board
James
R. Thompson
Center
100
W.
Randolph,
Suite 11-500
Chicago,
Illinois
60601
Matt Dunn
Environmental
Bureau
Chief
Office
of the
Attorney
General
James
R.
Thompson
Center
100
W.
Randolph,
12
th
Floor
Chicago,
Illinois 60601
Participants
on
the
Service List
Bill
Richardson
Chief
Legal
Counsel
Illinois
Dept.
ofNatural
Resources
One
Natural
Resources
Way
Springfield,
Illinois
62702-127
1
Richard
McGill
Hearing
Officer
Illinois
Pollution
Control
Board
James
R. Thompson
Center
100
W.
Randolph,
Suite
11-500
Chicago,
Illinois
60601
and
mailing
them
(Federal Express
to the Clerk
and
Hearing
Officer)(First
Class
Mail
to
everyone
else)
from
Springfield,
Illinois
on
March
11, 2009,
with sufficient
postage
affixed as
indicated
above.
/
STATE
OF ILLiNOIS
COUNTY
OF
SANGAMON
)
)
)
PROOF
OF SERVICE
SUBSCRIBED
AND
SWORN TO
BEFORE
ME
This
11
th
day
of March,
2009.
otary
Public
OFFICIAL
SEAL
NOTAflY
BRENDA
COMM
PUBIJG
ISSION
EXPlRS
STATE
BOEHNER
OFi
ILLINOIS
14.2009
:
BEFORE
THE
ILLINOIS
POLLUTION CONTROL
BOARD
IN
THE MATTER
OF:
PROPOSED
AMENDMENTS
TO
)
TIERED
APPROACH TO
CORRECTIVE
)
ACTION
OBJECTIVES
)
(35
Ill. Adm. Code 742)
)
)
Dorothy
Gunn, Clerk
Illinois
Pollution Control
Board
James
R. Thompson Center
100
W. Randolph,
Suite 11-500
Chicago,
Illinois
60601
(Via Federal Express)
Matt Dunn
Environmental
Bureau Chief
Office
of the Attorney
General
James R. Thompson
Center
100
W.
Randolph,
12
tb
Floor
Chicago,
Illinois 60601
(Via First Class Mail)
Participants
on the Service
List
(Via
First Class
Mail)
)
)
R09-9
(Rulemaking-Land)
Bill
Richardson
Chief
Legal Counsel
Illinois Dept. of Natural
Resources
One
Natural
Resources
Way
Springfield, Illinois
62702-127
1
(Via
First
Class
Mail)
Richard McGill
Hearing Officer
Illinois
Pollution
Control
Board
James
R. Thompson
Center
100
W.
Randolph,
Suite 11-500
Chicago, Illinois
60601
(Via
Federal Express)
PLEASE TAKE
NOTICE
that
I
have
today filed with
the
Office
of the Clerk
of
the
Illinois Pollution Control
Board
the Illinois
Environmental
Protection
Agency’s
(“Illinois
EPA”)
Enata Sheet
Number
4
and Supplemental
Testimony of Tracey
Hurley
a
copy of each
of
which
is herewith served
upon you.
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
By:___
Assistant
C
nsel
Division
of
Legal
Counsel
CL2RKs
OFFICE
MAR
I
2U0g
NOTICE
STATE
OF
ILLINOiS
Control
Board
DATE:
March 11,
2009
1021
North Grand
Avenue East
P.O. Box 19276
Springfield, Illinois
62794-9276
(217)
782-5544
IN THE
MATTER
OF:
PROPOSED
AMENDMENTS
TO
flERED
APPROACH
TO
CORRECTIVE
ACTION
OBJECTIVES
(35
Iii.
Adm.
Code
742)
ERRATA
SHEET
NUMBER
4
NOW
CQMES
the
Illinois
Environmental
Protection
Agency
(“Illinois
EPA”)
through
one
of its
attorneys,
Kimberly
Geving,
and
submits
this ERRATA
SHEET
NTJMBER
4 to
the
Illinois
Pollution
Control
Board
(“Board”)
and
the
participants
on the
Service
List.
Tracey
Hurley
will
provide
oral
testimony
in
support
of
these changes
at
the
March
17, 2009
hearing.
Section
Appendix
B,
Table
A
For the
chemical
Alachior
in
the
Ingestion
column
make
the
following
change:
8.0e8e.
For
the chemical
Aidrin
in the
Outdoor
Inhalation
column
make
the
following
change:
0.90e
For
the chemical
Benzene
in
the
Outdoor
Inhalation
column
make the
following
change:
0.80e
ge
For the
chemical
Bis(2-chloroethyl)ether
in the
Outdoor
Inhalation
column
make
the following
change:
o.3oeo3.
For the
chemical
1
,2-Dibromo-3-chloropropane
in
the
Ingestion
column
make
the
following
change:
o.80e
O.ge.
For
the
chemical
1,1
-Dichioroethane
in
the
Class
I
column
make
the
following
change:
8.Oe
For
the
chemical
1
,2-Dichloroethylene
in
the
Ingestion
column
make
the
following
change:
7
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL BOARD
CLERK’S
OFFiCE
)
R09-9
STATE
OF
ILUNOJ
)
Ru1emaking-l)j
0n
Control
Board
)
)
1
For
the chemical Dieldrin
in the Outdoor
Inhalation
column
make
the
following
change:
For
the chemical
Endothall in both
the Class
I and
Class II columns
make the following change:
0•
70r
For the chemical
Heptachior
epoxide
in the
Class
II
column make
the
following change:
For
the
chemical
Hexachlorobenzene
in
the
Ingestion
column
make the following change:
0.40e
44e
In the Class
I
column
make the
following
change:
0.80z
In
the Class II column
make
the
following change:
4
4.
For the chemicalAlpha-HCH
in
the Ingestion
column
make
the
following change:
0.lOe 04e
For
the chemical Isophorone
in
the
Class I
column
make the
following
change:
7
. In
the
Class
II
column make
the
following
change:
7.0 .
For the chemical
2-Methyiphenol
in both
the
Class
I
and Class II columns
make the
following
change:
2.or
2,.
For the chemical Picloram
in the Class I column
make the following
change: 2.0’ 2.
For
the
chemical
Tetrachloroethylene
in the
Outdoor
Inhalation
column make
the
following change:
2.Oe
For the chemical
Toxaphene in the Class
I column
make the following change:
.
For the chemical 1,1,1
-Trichioroethane
in the
Class
I
column
make
the following
change:
2.
For the chemical
1,1
,2-Trichloroethane
in the
Class
II column make
the
following
change: o.30’
O4
Appendix
B, Table B
For
the chemical
Endothall
in both
the Class
I and
Class
II
columns
make the following change:
0.70r
2
For the
chemical
Heptachior
epoxide
in the
Class
II
colunm
make
the
following
change:
8.O
g
For
the
chemical
Hexachlorobenzene
in the
Class
I
column
make
the
following
change:
0.80z
O-&.
For
the
Class
II
column
make
the
following
change:
4.0
4.
For the
chemical
Isophorone
in
the
Class
I
column
make
the
following
change:
7
b•
In
the
Class
column
make
the
following
change:
7Q
7.
For
the chemical 2-Methyiphenol
in
both
the
Class
I
and
Class
II columns
make
the following
change:
2.0’
2,.
For
the
chemical
Methyl
bromide
in
the
Construction
Worker
Outdoor
Jiihalation
column
make
the
following
change:
.
For
the
chemical
Picloram
in
the Class
I
column
make
the
following
change:
2.0’
2.
For
the
chemical
Toxaphene
in
the
Class
I column
make
the
following
change:
6.Or
6’.
For the
chemical
1,1,1
-TrichIoroethane
in
the
Class
I
column
make
the
following
change:
2Q
2.
For
the chemical
Vinyl
chloride
in the
IndustriallCommercial
Ingestion
column
make
the
following
change:
0e
e
Appendix
B,
Table
C
For
the
chemical
Antimony
change
the values
for
all
of the
pH
ranges
as
follows:
5.0
.
Fnr
the
chernin1
Arsenic
delete
all
the
proposed
changes,
leave
the
strikeouts
for
each existing
value
and
add a
new
across
the entire
row.
Additionally,
delete
the
proposed
footnote
b
and
replace
it
with
a
new footnote
bFor
Arsenic,
see
742.Appendix
A, Table
G.
For
the
chemical
2,4,6-Trichiorophenol
in
the
column
5.25
to
5.74
make
the
following
change:
delete
the underscored
1
and replace
it
with
1.0.
3
Appendix
B,
Table
D
For
the
chemical
2,4-Dichiorophenol
in
the
pH
7.75
to 8.24
colunm
make
the
following
change:
delete
the
underscored
9
and
replace
it
with
Q.
For
the chemical Pentachiorophenol
in
the
pH
4.75
to
5.24
column
make
the
following
change:
delete
the
underscored 7 and
replace
it with
7Q.
For
the
chemical
2,4,6-Trichiorophenol
in
the
pH
8.75
to
9.0
column
make
the
following
change:
delete
the
underscored 0.8
and
replace
it
with
Appendix
B,
Table
G
For
the
chemical
Bis(2-chloroethyl)ether
in
the
Soil
Residential
column
make
the
following
change:
delete
the
underscored
05
d
and
replace
it
with
050
d•
For
the
chemical
Chloroform in the
Soil
Industrial/Commercial
column
make
the
following
change:
0
•
20
d
02
d
In
the
Groundwater
Industrial/Commercial
column
make
the
following
change:
d
For the
chemical
Hexachiorocyclopentadiene in
the
Soil Residential column
make
the
following
change:
50
b
b
For
the
chemical
Polychlorinated
biphenyls
in
the
Soil
Gas
Industrial/Commercial
column
make
the
following
change:
9
•
0g
9g
For
the
chemical
Trichloroethylene
in
the
Groundwater Industrial/Commercial
column
make
the
following
change:
60
d
6d
Appendix
C,
Table
E
For
the
chemical
Methyl
tertiary-butyl ether
in the
First
Order
Degradation Constant
column make
the
following change:
delete
l.93E-03
and
replace
with
No
Data.
Appendix C,
Table
L
For equation J&El
replace
the
existing
equation with
this
one:
TBxA2x365—
O
yr
‘
—
EDxEFxURPx1OOO--
mg
4
Respectfully
submitted,
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
Ki berly
A.
Geing
Assistant
Coune1
Division
of
Legal
Counsel
DATE:
March
11,
2009
1021
North
Grand
Ave. East
P0
Box 19276
Springfield,
Illinois
62794-9276
(217) 782-5544
5
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
TN
THE MATTER
OF:
)
PROPOSED
AMENDMENTS
TO:
)
1
1
2flflo
TIERED
APPROACH
TO CORRECTIVE
)
R09-9
ST
,
ACTION
OBJECTIVES
)
(Rulemaking-Laii)Ilution
Cortr
(35 Iii.
Adm.
Code 742)
)
Board
SUPPLEMENTAL
TESTIMONY
OF
TRACEY
HURLEY
This testimony
is in support
of
changes
contained
in Errata
Sheet
Number
4.
The
remediation
objectives
listed
in
Appendix
B, Tables
A,
B,
C,
D,
and
G
should
be rounded
to two
significant
figures.
This
has
been
our practice
since
the
original
TACO.
During
our
review
of comments
and
other
Errata,
we
noticed
that some
Of
the
remediation
objectives
have
not been
rounded
correctly.
We
are
not
changing
the
soil
remediation
objectives
for PCBs,
the groundwater
remediation
objectives
based
on MCLs,
or the
values
for
the soil
component
of
the groundwater ingestion
exposure
route
for
the
inorganics
based
on MCLs
because
these
values
are from
TJSEPA.
There
are no
changes
to Appendix
B, Tables
E or
F.
We are
changing
the
values
listed
for arsenic
in
Appendix
B, Table
C
which
are
now
lower
than
the soil
background
values.
We
also have
become
aware
of
additional
corrections
that
are
necessary,
for
the First
Order Degradation
Constant
for Methyl
tertiary-butyl
ether
in Appendix
C,
Table
E and to
equation
J&El
in
Appendix
C,
Table
L.
Appendix
B,
Table
A
For
Alachlor
change
the
Ingestion
value
from
8e
to
8
.
0
g.
For
Aldrin change
Outdoor
Inhalation
value
from
O.9e
to
o.90e.
For
Benzene
change
the
Outdoor
Inhalation
value
from
O.
8
to
0
•
80
e•
1
For
Bis
(2-chloroethyl)ether
change
the
Outdoor
Inhalation
value from
0.3e
to
o.30e.
For
1,2-Dibromo-3-chloropropane
change
the
ingestion
value from
0•8e
to
080e
For 1,1
-Dichloroethane
change
the Class
I value
from
8e
to
8.oe.
For 1
,2-Dichloroethylene
change
the Ingestion
value
from
7e
to
7.oe.
For
Dieldrin
change
the
Outdoor
Inhalation
value from
le
to 1
.oe.
For
Endothall
change
both the
Class I
and
Class II values
from
0.7’
to
0.70’.
For
Heptachior
epoxide
change
the
Class
II
value from
8r
to 8.0.
For Hexachlorobenzene
change
the
Ingestion
value
from
4
O
eto
0•
40
e,
change
the
Class
I value
from
0.8z
to
0.80z,
and
change
the
Class
II value
from 4 to 4.0.
For
Alpha-HCH
change
the Ingestion
value from
0.le
to
o.loe.
For
Isophorone change
the Class
I value from
7)
to
7•0b
and change
the
Class
II
value
from 7 to
7.0.
For
2-Methyiphenol
change both
the Class I
and Class II values
from
2r
to
2.OT.
For Picloram
change
the
Class I value from
2rto
2.0.
For
Tetrachioroethylene
change
the Outdoor
Inhalation value
from
2e
to
20
e•
For
Toxaphene
change the Class
I value from
6’
to
6.0’.
For 1,1,1 -Trichioroethane
change
the Class I value
from
2
to 2.0’.
For 1,1 ,2-Trichloroethane
change the Class
II value from
0.3r
to
0.30r.
Appendix
B, Table
B
For Endothall change
both the
Class I and Class
II values
from
0.7r
to
0.70r.
For Heptachior
epoxide
change the Class
II value
from
8r
to
8.Or.
For Hexachlorobenzene
change
the
Class
I
value
from
O.
8
to
080
Z
and
change
2
the
Class
II
value
from
4 to 4.0.
For
Isophorone
change
the
Class I
value
from
7b
to
70
b
and change
the
Class
II
value
from 7 to
7.0.
For
2Methylphenol
change
both
the Class I
and
Class
II values
from
2’ to
2.O’.
For Methyl
bromide
change
the
Construction
Worker
Outdoor
Inhalation
value
from
2’
to 2.0”.
For
Picloram
change
the
Class I value
from
2
to
2.Or.
For Toxaphene
change
the
Class
I
value
from
6rto
6•0
r•
For
1,1,1
-Trichioroethane
change the
Class
I value
from
2t
to
2.OT.
For
Vinyl
chloride
change
the IndustriallCommercial
Ingestion
value
from
8e
to
8.Oe.
Appendix
B,
Table
C
For
Antimony
change
the
values
for
all of the
pH
ranges
from
5 to 5.0.
:For
Arsenic
the
Class
I Groundwater
Remediation
Objective
listed
in
Appendix
B, Table
E
has
been lowered
to
reflect
the
change
in
the
proposed
Groundwater
Quality
Standards
(35 Ill.
Adm.
Code
620,
R-08-18)
for Class
I
groundwater.
The
pH
Specific
Soil Remediation
Objectives
for
the Soil Component
of
the
Groundwater
Ingestion
Route
•
(Class I Groundwater)
listed
in Appendix
B,
Table
C
are
based
on the
Class I
groundwater
remediation
objective.
The
values for
arsenic
in Appendix
B,
Table
C
are
now
less than
the
soil
background
values listed
in Appendix
A,
Table
G. It was
not our
intent to
have
a
soil
remediation
objective
less than
the soil
background
value.
Therefore,
we
are deleting
the
numerical
values
for arsenic
for all
of the
pH
ranges
and replacing
them with
“---i”.
We are adding
a corresponding
footnote
b which
states
“For arsenic,
3
see 742.Appendix
A, Table
G.”
This
is similar
to the way
we
have treated arsenic
for the
ingestion
route of exposure in Appendix
B, Tables
A and
B.
There is no change to
the
arsenic
values listed in Appendix B,
Table D
for Class II groundwater because the
Class
II groundwater
objectives have not
changed.
For
2,4,6-Trichlorophenol
change
the
value for pH 5.25 to 5.74 from 1 to
1.0.
Appendix B, Table
D
For 2,4-Dichiorophenol change
the value for
pH
7.75
to
8.24
from 9 to 9.0.
For Pentachiorophenol change
the
value for
pH
4.75 to. 5.24
from 7 to 7.0.
For 2,4,6-Trichiorophenol change
the value
for
pH 8.75
to
9.0
from 0.8 to 0.80.
Appendix
B.
Table
G
For Bis(2-chloroethyl)ether change
the Soil Residential value from
0.5’ to
050d
For Chloroform change the Soil Industrial/Commercial
value
from 0.2’ to
0.20’
and
change the Groundwater Industrial/Commercialvalue
from
to
1.0(1.
For Hexachlorocyclopefltadiene change the Soil Residential
value from
51)
toS.Ob.
For Polychiorinated biphenyls change the
Soil Gas Industrial/Commercial
value
from
9g
to
90g
-.
For Trichioroethylene change the Groundwater Industrial/Commercial
value from
6
d1to
6
.Od.
Appendix
C,
Table
E
For Methyl tertiary-butyl ether the value for First Order
Degradation
Constant
should
be
changed from
1
.93E-03 to No Data. Recall that during
the hearings
for the
TACO
R00- 19
amendments,
the
Illinois EPA presented evidence
that Methyl
tertiary
butyl ether does
not
degrade under some circumstances and
therefore
recommended
that
4
the
value for this
parameter should
be zero
(page 3 of Dr. Hornshaw’s
testimony). The
Board
agreed
as stated in its First
Notice
Opinion and Order
for the ROO-1
9(C)
docket
at
pages
5 and 6. During
our updating
of the physical/chemical
constants used in TACO
equations,
we mistakenly replaced
the
No
Data
entry with the value
of 1 .9E-03 available
from
the
literature source. As discussed
above,
this value should not
be used and the
original
No Data entry should
be
relisted.
Appendix
C, Table L
For equation J&El we are
correcting the units to fig/mg after
the 1000
conversion
factor
in the denominator.
This is correction
to a
change
made in Errata
Sheet 3. The
units were correctly listed in
my
pre-filed
testimony of February 20,
2009 (pages 2-3)
but
were incorrectly listed in Errata Sheet 3 as Ig/g.
This concludes my testimony.
5
STATE OF ILLiNOIS
COUNTY
OF
SANGAMON
)
)
)
PROOF
OF SERVICE
I, the undersigned,
on
oath
state
that
I have
served
the attached Errata
Sheet
Number
4 and Supplemental
Testimony
of Tracey
Hurley
upon the
persons to whom
they
are
directed,
by
placing
a
copy
of each in
an
envelope
addressed
to:
Dorothy
Gunn,
Clerk
Illinois Pollution
Control
Board
James R.
Thompson Center
100W.
Randolph, Suite 11-500
Chicago,
Illinois 60601
Matt Dunn
Environmental
Bureau Chief
Office
of the
Attorney General
James
R.
Thompson Center
100
W.
Randolph,
12
th
Floor
Chicago, Illinois 60601
Participants
on the Service List
Bill Richardson
Chief
Legal
Counsel
Illinois Dept.
of
Natural
Resources
One Natural
Resources
Way
Springfield,
Illinois 62702-127
1
Richard McGill
Hearing
Officer
Illinois
Pollution
Control
Board
James
R.
Thompson Center
100
W. Randolph, Suite 11-500
Chicago,
Illinois 60601
and
mailing them
(Federal
Express
to the
Clerk and Hearing
Officer) (First
Class Mail
to
everyone else) from
Springfield, Illinois
on March 11, 2009,
with sufficient
postage
affixed
as
indicated
above.
SUBSCRIBED
AND SWORN TO
BEFORE ME
This
11
th
day of March, 2009.
Notary
Public
OFFICIAL
SEAL
MY
COMMI
EXPIRES
STATE
OF11-3-2009
IL.LINOjs
Printing Service
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3
Party
Name
Role
Cfty & State
Phone/Fax
217/782 -
1021
North Grand Avenue
Springfield
Illinois
Environmental Protection
Agency
5544
East
IL 62794-
Interested Party
P.O.
Box 19276
9276
217/782-
9807
Kimberly A.
Geving,
Assistant
Counsel
Annet
Godiksen,
Legal
Counsel
217/782-
1021 North
Grand Avenue
Springfield
IEPA
Petitioner
East
IL 62794-
5544
217/782-
P.O. Box
19276
9276
9807
Kimberly
A.Geving,
Assistant Counsel
217/523 -
Springfield
Hodge
Dwyer Zeman
3150
Roland
Avenue
4900
IL
62705-
Complainant
Post
Office Box 5776
2
17/523-
5776
4948
Katherine D. Hodge
Monica T.
Rios
.EPI
South
Holland
16650 South
Canal
Interested
Party
IL
60473
Bob
Mankowski
DesPlaines
Chemical
Industry Council of
Illinois
1400 East
Touhy
Avenue
IL 60019-
Interested
Party
Suite
100
3338
Lisa
Frede
312/853-
Bellande
& Sargis
Law
Group,
LLP
19
South LaSalle Street
Chicago
8701
InterestedParty
Suite
1203
IL 60603
312/853-
8702
Mark Robert
Sargis
217/788-
Hanson
Engineers.
Inc.
Springfield
2450
1525
South Sixth
Street
IL 62703-
Interested
Party
2886
217/788-
2503
Tracy
Lundein
773/380 -
Conestoga-Rovers
&
Associates
8615 West Bryn Mawr
Avenue
Chicago
9933
Interested Party
IL
60631
773/380-
6421
Douglas
G. Soutter
312/814-
Office
of
the Attorney General
Environmental
Bureau
Chicago
0660
Interested
Party
69 W. Washington,
18th
Floor
IL 60602
312/814-
2347
Matthew
J.
Dunn, Division Chief
847/688-
Navy
Facilities and
EngineeringCQmmand
201 Decatur
Avenue
Great
Lakes
2600
IL
60088-
Building 1A
Interested
Party
2801
847/688-
2319
Mark
Schultz,
Regional Environmental
Coordinator
Illinois
Pollution
Control Board
100 W.
Randolph St.
Chicago
312/814-
Interested
Party
Suite 11-500
IL
60601
3620
312/814-
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3669
Dorothy
M. Gunn,
Clerk of
the
Board
Richard
McGill, Hearing
Officer
Commonwealth
Edison
10
South
Dearborn
Street
Chicago
Interested
Party
35FNW
IL 60603
Diane
H. Richardson
Downers
Clayton
Group
Services
3140
Finley
Road
Grove
Interested
Party
IL 60515
Monte Nienkerk
Weaver
Boos & Gordon
.
Springfield
Interested
Party
2021
Timberbrook
Lane
IL 62702
Elizabeth
Steinhour
Andrews
Environmental
Engineering
Springfield
Interested
Party
3300
Ginger
Creek
Drive
IL 62711
Kenneth
W. Liss
Graef Anhalt
Schloemer
& Associates,
Chicago
8501
West
Higgins
Road
In
Suite 280
IL 60631-
Interested
Party
2801
Dr.
Douglas
C. Hambley,
P.E.,
P.G.
Rockford
Missman
Stanley
&Associates
• 333 East
State
Street
IL
61110-
Interested
Party
0827
John
W. Hochwarter
Jeffrey
Larson
Trivedi
Associates,
iflç
Naperville
.2055
Steeplebrook
Court
Interested
Party
IL
60565
Chetan
Trivedi
217/782-
Iflinois
Deoartment
of
Natural
Resources
Springfield
1809
One
Natural
Resources
Way
IL 62702-
Interested
Party
1271
217/524-
9640
Stan
Yonkauski
William
Richardson,
Chief
Legal
Counsel
Suburban
Laboratories,
Inc.
Hillside
708-544-
4140
Litt Drive
Interested
Party
IL 60162
3260
Jarrett
Thomas,
V.P.
Illinois
Detartment
of
Transportation
2300
5. Dirksen
Parkway
Springfield
Interested
Party
Room 302
IL 62764
Steven
Gobelman
McGuire
Woods LLP
77
W.
Wacker
Chicago
312/849-
Interested
Party
Suite 4100
IL 60601
8100
David
Rieser
312/332-
Reott
Law Offices,
LLC
35 East
Wacker
Drive
Chicago
7544
Interested
Party
Suite
650
IL
60601
Raymond
T. Reott
Jorge
T. Mihalopoulos
Environmental
Management
&
309/661
-
Technologies,
Inc.
3010
Gill
Street
Bloomington
2300
IL
61704
Interested
Party
309661-2306
Craig
Gocker,
President
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217/522 -
IL Environmental
Regulatory
Group
215
East Adams
Street
Springfield
5512
Interested
Party
IL 62701
217/522-
5518
Alec M. Davis
312/742-
Chicacio
Department
of
Law
30 N.
LaSalle Street
Chicago
3990
Interested
Party
Suite
900
IL 60602
312/744-
6798
Charles
A.
King,
Assistant
Corporation
Counsel
SRAC
Decatur
2510
Brooks
Drive
Interested Party
IL
62521
Harry
Walton
Burns & McDonnell
Engineering
Company,
210 South Clark
Street, Suite
Chicago
Inch
2235
6306751625
IL
60603
Interested Party
The Clark
Adams Building
Lawrence L. Fieber,
Principal
Total
number
of
participants:
34
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