reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 742 - TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES › Subpart D - DETERMINING AREA BACKGROUND › Section 742.405 - Determination of Area Background for Soil

Current through Register Vol. 48, No. 28, July 12, 2024
a) Soil sampling results shall be obtained
				for purposes of determining area background levels in accordance with the
				following procedures:
1) For volatile
				chemicals, sample results shall be based on discrete samples;
2) Unless an alternative method is approved
				by the Agency, for contaminants other than volatile chemicals, sample results
				shall be based on discrete samples or composite samples. If a person elects to
				use composite samples, each 0.5 acre of the area to be sampled shall be divided
				into quadrants and 5 aliquots of equal volume per quadrant shall be composited
				into 1 sample;
3) Samples shall be
				collected from similar depths and soil types, which shall be consistent with
				the depths and soil types in which maximum levels of contaminants are found in
				the areas of known or suspected releases; and
4) Samples shall be collected from areas of
				the site or adjacent to the site that are unaffected by known or suspected
				releases at or from the site. If the sample results show an impact from
				releases at or from the site, then the sample results shall not be included in
				determining area background levels under this Part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 742 - TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES › Subpart D - DETERMINING AREA BACKGROUND › Section 742.410 - Determination of Area Background for Groundwater

Current through Register Vol. 48, No. 28, July 12, 2024
a) Groundwater sampling results shall be
				obtained for purposes of determining area background in accordance with the
				following procedures:
1) Samples shall be
				collected from areas of the site or adjacent to the site that are unaffected by
				releases at the site;
2) The
				background monitoring wells shall be sufficient in number to account for the
				spatial and temporal variability, size, and number of known or suspected
				off-site releases of contaminants of concern, and the hydrogeological setting
				of the site;
3) The samples shall
				be collected in consecutive quarters for a minimum of one year for each well
				unless another sample schedule is approved by the Agency;
4) The samples shall be collected from the
				same stratigraphic unit(s) as the groundwater contamination at the site;
				and
5) The background monitoring
				wells shall be located hydraulically upgradient from the release(s) of
				contaminants of concern, unless a person demonstrates to the Agency that the
				upgradient location is undefinable or infeasible.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 742 - TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES › Subpart D - DETERMINING AREA BACKGROUND › Section 742.415 - Use of Area Background Concentrations

Current through Register Vol. 48, No. 28, July 12, 2024
a) A person may request that area background
				concentration determined pursuant to Sections
				742.405
				and
				742.410
				be used according to the provisions of subsection (b) of this Section. Such
				request shall address the following:
1) The
				natural or man-made pathways of any suspected off-site contamination reaching
				the site;
2) Physical and chemical
				properties of suspected off-site contaminants of concern reaching the site;
				and
3) The location and
				justification of all background sampling points.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 742 - TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES › Subpart E - TIER 1 EVALUATION › Section 742.500 - Tier 1 Evaluation Overview

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				A Tier 1 evaluation compares the concentration of each contaminant of concern
				detected at a site to the baseline remediation objectives provided in Appendix
				B, Tables A, B, C, D, E, G, H and I. Use of Tier 1 remediation objectives
				requires only limited site-specific information: concentrations of contaminants
				of concern, groundwater classification, land use classification, and, if
				appropriate, soil pH. (See Appendix B, Illustration A.)
b) Although Tier 1 allows for differentiation
				between residential and industrial/commercial property use of a site, an
				institutional control under Subpart J is required where remediation objectives
				are based on an industrial/commercial property use.
c) For the indoor inhalation exposure route:
1) Appendix B, Tables H and I apply only when
				the existing or potential building has a full concrete slab-on-grade or a full
				concrete basement floor and walls; and
2) Institutional controls under Subpart J are
				required to use remediation objectives in Appendix B, Table H or Table
				I.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 742 - TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES › Subpart E - TIER 1 EVALUATION › Section 742.505 - Tier 1 Soil, Soil Gas and Groundwater Remediation Objectives

Current through Register Vol. 48, No. 28, July 12, 2024
a) Soil
1) Outdoor Inhalation Exposure Route
A) The Tier 1 soil remediation objectives for
				this exposure route based upon residential property use are listed in Appendix
				B, Table A.
B) The Tier 1 soil
				remediation objectives for this exposure route based upon industrial/commercial
				property use are listed in Appendix B, Table B. Soil remediation objective
				determinations relying on this table require use of institutional controls in
				accordance with Subpart J.
C) For
				this exposure route, it is acceptable to determine compliance by meeting either
				the soil or soil gas remediation objectives.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 742 - TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES › Subpart E - TIER 1 EVALUATION › Section 742.510 - Tier 1 Remediation Objectives Tables for the Ingestion, Outdoor Inhalation and Soil Component of the Groundwater Ingestion Exposure Routes

Current through Register Vol. 48, No. 28, July 12, 2024
a) Soil remediation
				objectives are listed in Appendix B, Tables A, B, C and D.
1) Appendix B, Table A is based upon
				residential property use.
A) The first column
				to the right of the chemical name lists soil remediation objectives for the
				soil ingestion exposure route.
B)
				The second column lists the soil remediation objectives for the outdoor
				inhalation exposure route.
C) The
				third and fourth columns list soil remediation objectives for the soil
				component of the groundwater ingestion exposure route for the respective
				classes of groundwater:
i) Class I
				groundwater; and
ii) Class II
				groundwater.
D) The
				final column lists the Acceptable Detection Limit (ADL), only when
				applicable.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 742 - TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES › Subpart E - TIER 1 EVALUATION › Section 742.515 - Tier 1 Remediation Objectives Tables for the Indoor Inhalation Exposure Route

Current through Register Vol. 48, No. 28, July 12, 2024
a) For the
				indoor inhalation exposure route:
1) Appendix
				B, Tables H and I apply only when the existing or potential building has a full
				concrete slab-on-grade or a full concrete basement floor and walls;
				and
2) Institutional controls under
				Subpart J are required to use remediation objectives in Appendix B, Table H or
				Table I.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 742 - TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES › Subpart F - TIER 2 GENERAL EVALUATION › Section 742.600 - Tier 2 Evaluation Overview

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Tier 2 remediation objectives are developed through the use of equations which
				allow site-specific data to be used. (See Appendix C, Illustrations A and B.)
				The equations, identified in Appendix C, Tables A, C, and L may be used to
				develop Tier 2 remediation objectives.
b) Tier 2 evaluation is only required for
				contaminants of concern and corresponding exposure routes (except where
				excluded from further consideration under Subpart C) exceeding the Tier 1
				remediation objectives. When conducting Tier 2 evaluations, the values used in
				the calculations must have the appropriate units of measure as identified in
				Appendix C, Tables B, D, and M.
c)
				Any development of remediation objectives using site-specific information or
				equations outside the Tier 2 framework shall be evaluated under Tier
				3.
d) Any development of a
				remediation objective under Tier 2 shall not use a target hazard quotient
				greater than one at the point of human exposure or a target cancer risk greater
				than 1 in 1,000,000 at the point of human exposure.
e) In conducting a Tier 2 evaluation, the
				following conditions shall be met:
1) For
				each discrete sample, the total soil contaminant concentration of either a
				single contaminant or multiple contaminants of concern shall not exceed the
				attenuation capacity of the soil as provided in Section
				742.215.
2) Remediation objectives for noncarcinogenic
				compounds which affect the same target organ, organ system or similar mode of
				action shall meet the requirements of Section
				742.720.
3) The soil remediation objectives based on
				the outdoor inhalation exposure route and the soil component of the groundwater
				ingestion exposure routes shall not exceed the soil saturation limit as
				provided in Section
				742.220.
4) The soil gas remediation objectives based
				on the indoor and outdoor inhalation exposure routes shall not exceed the soil
				vapor saturation limit provided pursuant to Section
				742.222.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 742 - TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES › Subpart F - TIER 2 GENERAL EVALUATION › Section 742.605 - Land Use

Current through Register Vol. 48, No. 28, July 12, 2024
a) Present and
				post-remediation land use is evaluated in a Tier 2 evaluation. Acceptable
				exposure factors for the Tier 2 evaluation for residential,
				industrial/commercial, and construction worker populations are provided in the
				far right column of Appendix C, Tables B, D, and M. Use of exposure factors
				different from those in Appendix C, Tables B, D, and M must be approved by the
				Agency as part of a Tier 3 evaluation.
b) If a Tier 2 evaluation is based on an
				industrial/commercial property use, then:
1)
				Construction worker populations shall also be evaluated, except for the indoor
				inhalation exposure route; and
2)
				Institutional controls are required in accordance with Subpart J.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 742 - TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES › Subpart G - TIER 2 SOIL AND SOIL GAS EVALUATION › Section 742.700 - Tier 2 Soil Evaluation Overview

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Tier 2 remediation objectives are developed through the use of models which
				allow site-specific data to be considered. Appendix C, Tables A, C, and L list
				equations that shall be used under a Tier 2 evaluation to calculate soil
				remediation objectives prescribed by the SSL, RBCA, and modified J&E
				models, respectively. (See also Appendix C, Illustration A.)
b) Appendix C, Table A lists equations that
				are used under the SSL model. (See also Appendix C, Illustration A.) The SSL
				model has equations to evaluate the following human exposure routes:
1) Soil ingestion exposure route;
2) Outdoor Inhalation exposure route;
				and
3) Soil component of the
				groundwater ingestion exposure route.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 742 - TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES › Subpart G - TIER 2 SOIL AND SOIL GAS EVALUATION › Section 742.705 - Parameters for Soil Remediation Objective Equations

Current through Register Vol. 48, No. 28, July 12, 2024
a) Appendix C, Tables B, D, and M list the
				input parameters for the SSL, RBCA, and J&E equations, respectively. The
				first column lists each symbol as it is presented in the equation. The next
				column defines the parameters. The third column shows the units for the
				parameters. The fourth column identifies where information on the parameters
				can be obtained (i.e., field measurement, applicable equations, reference
				source, or default value). The last column identifies how the parameters can be
				generated.
b) Default Values
Default values are numerical values specified for use in the
				  Tier 2 equations. The fourth column of Appendix C, Tables B, D, and M denotes
				  if the default values are from the SSL model, RBCA model, modified J&E
				  model or some other source. The last column of Appendix C, Tables B, D, and M
				  lists the numerical values for the default values used in the SSL, RBCA, and
				  J&E equations, respectively.
c) Site-specific Information
Site-specific information is a parameter measured, obtained,
				  or determined from the site to calculate Tier 2 remediation objectives. The
				  fourth column of Appendix C, Tables B, D, and M identifies those site-specific
				  parameters that may require direct field measurement. For some parameters,
				  numerical default inputs have been provided in the last column of Appendix C,
				  Tables B, D, and M to substitute for site-specific information. In some cases,
				  information on the receptor or soil type is required to select the applicable
				  numerical default inputs. Site-specific information includes:
1) Physical soil parameters identified in
				Appendix C, Table F. The second column identifies the location where the sample
				is to be collected. Acceptable methods for measuring or calculating these soil
				parameters are identified in the last column of Appendix C, Table F;
2) Institutional controls or engineered
				barriers, pursuant to Subparts J and K, describe applicable institutional
				controls and engineered barriers under a Tier 2 evaluation; and
3) Land use classification
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 742 - TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES › Subpart G - TIER 2 SOIL AND SOIL GAS EVALUATION › Section 742.710 - SSL Soil Equations

Current through Register Vol. 48, No. 28, July 12, 2024
a) This
				Section sets forth the equations and parameters used to develop Tier 2 soil
				remediation objectives for the three exposure routes using the SSL
				approach.
b) Soil Ingestion
				Exposure Route
1) Equations S1 through S3
				form the basis for calculating Tier 2 remediation objectives for the soil
				ingestion exposure route using the SSL approach. Equation S1 is used to
				calculate soil remediation objectives for noncarcinogenic contaminants.
				Equations S2 and S3 are used to calculate soil remediation objectives for
				carcinogenic contaminants for residential populations and industrial/commercial
				and construction worker populations, respectively.
2) For Equations S1 through S3, the SSL
				default values cannot be modified with site-specific information.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 742 - TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES › Subpart G - TIER 2 SOIL AND SOIL GAS EVALUATION › Section 742.712 - SSL Soil Gas Equation for the Outdoor Inhalation Exposure Route

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Section
				sets forth the equation and parameters used to develop Tier 2 soil gas
				remediation objectives for the outdoor inhalation exposure route using the SSL
				approach.
b) Equation S30 is used
				to calculate Tier 2 soil gas remediation objectives for the outdoor inhalation
				exposure route for residential, industrial/commercial, and construction worker
				populations.
c) Equations S4
				through S16, S26 and S27, which calculate Tier 2 soil remediation objectives as
				described in Section
				742.710(c),
				form the basis for developing the Tier 2 soil gas remediation objectives for
				the outdoor inhalation exposure route using the SSL model.
d) The remaining parameters used to calculate
				Equation S30 are listed in Appendix C, Table B, except for Dimensionless
				Henry's Law Constant (25°C), a chemical specific value listed in Appendix
				C, Table E.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 742 - TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES › Subpart G - TIER 2 SOIL AND SOIL GAS EVALUATION › Section 742.717 - J&E Soil Gas Equations for the Indoor Inhalation Exposure Route

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Section
				sets forth the equations and parameters to be used to develop Tier 2 soil gas
				remediation objectives for the indoor inhalation exposure route using the
				modified J&E model.
b)
				Equations J&E1 and J&E2 calculate, for carcinogens and noncarcinogens,
				respectively, an acceptable concentration of the contaminant of concern in
				indoor air that adequately protects humans who inhale this air. Equation
				J&E3 converts indoor air concentrations from parts per million volume to
				milligrams per cubic meter.
c)
				Equation J & E4 calculates an acceptable concentration of the contaminant
				of concern in the soil gas at the source of contamination. This calculation is
				made using:
1) an attenuation factor
				developed in accordance with Equations J&E7 through 18; and
2) the acceptable concentration of the
				contaminant of concern in indoor air calculated in accordance with Equation
				J&E1 (for carcinogens) or J&E2 (for noncarcinogens).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 742 - TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES › Subpart G - TIER 2 SOIL AND SOIL GAS EVALUATION › Section 742.720 - Chemicals with Cumulative Noncarcinogenic Effects

Current through Register Vol. 48, No. 28, July 12, 2024
Appendix A, Table E lists the groups of chemicals from
				  Appendix B, Tables A and B that have remediation objectives based on
				  noncarcinogenic toxicity and that affect the same target organ. If more than
				  one chemical detected at a site affects the same target organ (i.e., has the
				  same critical effect as defined by the RfD), the initially calculated
				  remediation value for each chemical in the group shall be corrected for
				  cumulative effects by one of the following two methods:
a) Calculate the weighted average using the
				following equations:
Wave
=
x1
+
x2
+
x3
+...+
xa
CUOx
CUOx
CUOx
CUOx
1
2
3
a
where:
Wave = Weighted Average
x1 through
							 xa
=
Concentration of each individual contaminant at the
							 location of concern. Note that, depending on the target organ/mode of action,
							 the actual number of contaminants will range from 2 to 14.
CUOx
=
A Tier 2 numeral remediation objective must be
							 developed for each xa.
a
If the value of the weighted average calculated in accordance
				  with the equations above is less than or equal to 1.0, then the remediation
				  objectives are met for those chemicals.
If the value of the weighted average calculated in accordance
				  with the equations above is greater than 1.0, then additional remediation must
				  be carried out until the level of contaminants remaining in the remediated area
				  has a weighted average calculated in accordance with the equation above less
				  than or equal to one.
b)
				Divide each individual chemical's remediation objective by the number of
				chemicals in that specific target organ group that were detected at the site.
				Each of the contaminant concentrations at the site is then compared to the
				remediation objectives that have been adjusted to account for this potential
				additivity. For the noncarcinogenic contaminants listed in Appendix A, Table E,
				a respective soil remediation objective need be no lower than the respective
				value listed in Appendix B, Table A or B.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 742 - TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES › Subpart H - TIER 2 GROUNDWATER EVALUATION › Section 742.800 - Tier 2 Groundwater Evaluation Overview

Current through Register Vol. 48, No. 28, July 12, 2024
If the contaminant concentrations in the groundwater exceed
				  the applicable Tier 1 remediation objectives, a person has the following
				  options:
a) Demonstrate that the
				groundwater ingestion exposure route is excluded from consideration pursuant to
				Subpart C;
b) Demonstrate that the
				groundwater contamination is at or below area background concentrations in
				accordance with Subpart D and, if necessary, an institutional control
				restricting usage of the groundwater is in place in accordance with Subpart
				J;
c) Remediate to Tier 1
				remediation objectives;
d) Propose
				and obtain approval of Tier 2 groundwater remediation objectives in accordance
				with Section
				742.805
				and remediate to that level, if necessary;
e) Conduct a Tier 3 evaluation in accordance
				with Subpart I; or
f) Obtain
				approval from the Board to:
1) Reclassify the
				groundwater pursuant to 35 Ill. Adm. Code
				620.260;
				or
2) Use an adjusted standard
				pursuant to Section 28.1 of the Act. [415 ILCS
				5/28.1 ].
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 742 - TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES › Subpart H - TIER 2 GROUNDWATER EVALUATION › Section 742.805 - Tier 2 Groundwater Remediation Objectives

Current through Register Vol. 48, No. 28, July 12, 2024
a) To develop a groundwater remediation
				objective under this Section that exceeds the applicable Tier 1 groundwater
				remediation objective, or for which there is no Tier I groundwater remediation
				objective, a person may request approval from the Agency if the person has
				performed the following:
1) Identified the
				horizontal and vertical extent of groundwater for which the Tier 2 groundwater
				remediation objective is sought;
2)
				Taken corrective action, to the maximum extent practicable to remove any free
				product;
3) Using Equation R26 in
				accordance with Section
				742.810,
				demonstrated that the concentration of any contaminant of concern in
				groundwater will meet:
A) The applicable Tier
				1 groundwater remediation objective at the point of human exposure;
				or
B) For any contaminant of
				concern for which there is no Tier 1 groundwater remediation objective, the
				concentration determined according to the procedures specified in 35 Ill. Adm.
				Code 620 at the point of human exposure. A person may request the Agency to
				provide these concentrations or may propose these concentrations under Subpart
				I;
4) Using Equation R26
				in accordance with Section 742.810, demonstrated that the concentration of any
				contaminant of concern in groundwater within the minimum or designated maximum
				setback zone of an existing potable water supply well will meet the applicable
				Tier 1 groundwater remediation objective or, if there is no Tier 1 groundwater
				remediation objective, the concentration determined according to the procedures
				specified in 35 Ill. Adm. Code 620. A person may request the Agency to provide
				these concentrations or may propose these concentrations under Subpart
				I;
5) Using Equation R26 in
				accordance with Section 742.810, demonstrated that the concentration of any
				contaminant of concern in groundwater discharging into a surface water will
				meet the applicable water quality standard under 35 Ill. Adm. Code
				302;
6) Demonstrated that the
				source of the release is not located within the minimum or designated maximum
				setback zone or within a regulated recharge area of an existing potable water
				supply well; and
7) If the selected
				corrective action includes an engineered barrier as set forth in Subpart K to
				minimize migration of contaminants of concern from the soil to the groundwater,
				demonstrated that the engineered barrier will remain in place for
				post-remediation land use through an institutional control as set forth in
				Subpart J.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 742 - TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES › Subpart H - TIER 2 GROUNDWATER EVALUATION › Section 742.810 - RBCA Calculations to Predict Impacts from Remaining Groundwater Contamination

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Equation R26 predicts the contaminant concentration along the centerline of a
				groundwater plume emanating from a vertical planar source in the aquifer
				(dimensions Sw wide and Sd deep).
				This model accounts for both three-dimensional dispersion (x is the direction
				of groundwater flow, y is the other horizontal direction, and z is the vertical
				direction) and biodegradation.
1) The
				parameters in this equation are:
X
=
distance from the planar source to the location of
							 concern, along the centerline of the groundwater plume (i.e., y = 0, z =
							 0)
Cx
=
the concentration of the contaminant at a distance X
							 from the source, along the centerline of the plume
Csource
=
the greatest potential concentration of the
							 contaminant of concern in the groundwater at the source of the contamination,
							 based on the concentrations of contaminants in groundwater due to the release
							 and the projected concentration of the contaminant migrating from the soil to
							 the groundwater. As indicated above, the model assumes a planar source
							 discharging groundwater at a concentration equal to
							 Csource.
[ALPHA]x
=
dispersivity in the x direction (i.e., Equation
							 R16)
[ALPHA]y
=
dispersivity in the y direction (i.e., Equation
							 R17)
[ALPHA]z
=
dispersivity in the z direction (i.e., Equation
							 R18)
U
=
specific discharge (i.e., actual groundwater flow
							 velocity through a porous medium; takes into account the fact that the
							 groundwater actually flows only through the pores of the subsurface materials)
							 where the aquifer hydraulic conductivity (K), the hydraulic gradient (I) and
							 the total soil porosity [THETA]T must be known (i.e.,
							 Equation R19)
[LAMBDA]
=
first order degradation constant obtained from
							 Appendix C, Table E or from measured groundwater data
Sw
=
width of planar groundwater source in the y
							 direction
Sd
=
depth of planar groundwater source in the z
							 direction
2)
				The following parameters are determined through field measurements: U, K, I,
				[THETA]T, Sw,
				Sd.
A) The
				determination of values for U, K, I and [THETA]T can be
				obtained through the appropriate laboratory and field techniques;
B) From the immediate down-gradient edge of
				the source of the groundwater contamination values for
				Sw and Sd shall be determined.
				Sw is defined as the width of groundwater at the source
				which exceeds the Tier 1 groundwater remediation objective.
				Sd is defined as the depth of groundwater at the source
				which exceeds the Tier 1 groundwater remediation objective; and
C) Total soil porosity can also be calculated
				using Equation R23.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 742 - TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES › Subpart H - TIER 2 GROUNDWATER EVALUATION › Section 742.812 - J&E Groundwater Equations for the Indoor Inhalation Exposure Route

Current through Register Vol. 48, No. 28, July 12, 2024
Groundwater remediation objectives for the indoor inhalation
				  exposure route are calculated using the modified J&E model as described in
				  Section
				  742.717,
				  except as follows:
a) In Equation
				J&E9a, the total number of layers of soil that contaminants migrate through
				from the source to the building shall include a capillary fringe
				layer.
b) The thickness of the
				capillary fringe layer is 37.5 cm.
c) The volumetric water content of the
				capillary fringe shall be 90% of the total porosity of the soil that comprises
				the capillary fringe.
d) Equations
				J&E7 and J&E8 calculate an acceptable groundwater remediation
				objective.
1) This calculation is made using:
A) the soil gas remediation objective
				calculated in accordance with Equation J & E4; and
B) the assumption that this gas is in
				equilibrium with any contamination in the groundwater.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 742 - TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES › Subpart I - TIER 3 EVALUATION › Section 742.900 - Tier 3 Evaluation Overview

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Tier 3 sets forth a flexible framework to develop remediation objectives
				outside of the requirements of Tiers 1 and 2. Although Tier 1 and Tier 2
				evaluations are not prerequisites to conduct Tier 3 evaluations, data from Tier
				1 and Tier 2 can assist in developing remediation objectives under a Tier 3
				evaluation.
b) The level of detail
				required to adequately characterize a site depends on the particular use of
				Tier 3. Tier 3 can require additional investigative efforts beyond those
				described in Tier 2 to characterize the physical setting of the site. However,
				in situations where remedial efforts have simply reached a physical obstruction
				additional investigation may not be necessary for a Tier 3 submittal.
c) Situations that can be considered for a
				Tier 3 evaluation include, but are not limited to:
1) Modification of parameters not allowed
				under Tier 2;
2) Use of models
				different from those used in Tier 2;
3) Use of additional site data, such as
				results of indoor air sampling, to improve or confirm predictions of exposed
				receptors to contaminants of concern;
4) Analysis of site-specific risks using
				formal risk assessment, probabilistic data analysis, and sophisticated fate and
				transport models (e.g., requesting a target hazard quotient greater than 1 or a
				target cancer risk greater than 1 in 1,000,000);
5) Requests for site-specific remediation
				objectives because an assessment indicates further remediation is not
				practical;
6) Incomplete human
				exposure pathways not excluded under Subpart C;
7) Use of toxicological-specific information
				not available from the sources listed in Tier 2;
8) Land uses which are substantially
				different from the assumed residential or industrial/commercial property uses
				of a site (e.g., a site will be used for recreation in the future and cannot be
				evaluated in Tier 1 or 2);
9)
				Requests for site-specific remediation objectives that exceed Tier 1
				groundwater remediation objectives so long as the following is demonstrated:
A) To the extent practical, the exceedance of
				the groundwater quality standard has been minimized and beneficial use
				appropriate to the groundwater that was impacted has been returned;
				and
B) Any threat to human health
				or the environment has been minimized [415 ILCS
				5/58.5(d)(4)(A) ]; and
10) Use of building control
				technologies, other than those described in Subpart L, to prevent completion of
				the indoor inhalation exposure route.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 742 - TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES › Subpart I - TIER 3 EVALUATION › Section 742.905 - Modifications of Parameters

Current through Register Vol. 48, No. 28, July 12, 2024
Any proposed changes to Tier 2 parameters which are not
				  provided for in Tier 2 shall be submitted to the Agency for review and
				  approval. A submittal under this Section shall include the following
				  information:
a) The justification for
				the modification; and
b) The
				technical and mathematical basis for the modification.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 742 - TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES › Subpart I - TIER 3 EVALUATION › Section 742.910 - Alternative Models

Current through Register Vol. 48, No. 28, July 12, 2024
Any proposals for the use of models other than those
				  specified in Tier 2 shall be submitted to the Agency for review and approval. A
				  submittal under this Section shall include the following information:
a) Physical and chemical properties of
				contaminants of concern;
b)
				Contaminant movement properties;
c)
				Contaminant availability to receptors;
d) Receptor exposure to the contaminants of
				concern;
e) Mathematical and
				technical justification for the model proposed;
f) A licensed copy of the model, if the
				Agency does not have a licensed copy of the model currently available for use;
				and
g) Demonstration that the
				models were correctly applied.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 742 - TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES › Subpart I - TIER 3 EVALUATION › Section 742.915 - Formal Risk Assessments

Current through Register Vol. 48, No. 28, July 12, 2024
A comprehensive site-specific risk assessment shall
				  demonstrate that contaminants of concern at a site do not pose a significant
				  risk to any human receptor. All site-specific risk assessments shall be
				  submitted to the Agency for review and approval. A submittal under this Section
				  shall address the following factors:
a) Whether the risk assessment procedure used
				is nationally recognized and accepted including, but not limited to, those
				procedures incorporated by reference in Section
				742.210;
b) Whether the site-specific data reflect
				actual site conditions;
c) The
				adequacy of the investigation of present and post-remediation exposure routes
				and risks to receptors identified at the site;
d) The appropriateness of the sampling and
				analysis;
e) The adequacy and
				appropriateness of toxicity information;
f) The extent of contamination;
g) Whether the calculations were accurately
				performed;
h) Similar-acting
				chemicals shall be specifically addressed. At a minimum, the chemicals subject
				to this requirement are identified in Appendix A, Tables E and F; and
i) Proposals seeking to modify the target
				risk consistent with Section
				742.900(d)
				 shall address the following factors:
1) the presence of sensitive
				populations;
2) the number of
				receptors potentially impacted;
3)
				the duration of risk at the differing target levels; and
4) the characteristic of the chemicals of
				concern.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 742 - TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES › Subpart I - TIER 3 EVALUATION › Section 742.920 - Impractical Remediation

Current through Register Vol. 48, No. 28, July 12, 2024
Any request for site-specific remediation objectives due to
				  impracticality of remediation shall be submitted to the Agency for review and
				  approval. Any request for site-specific remediation objectives due to
				  impracticality of remediation that involves the indoor inhalation exposure
				  route shall follow Section
				  742.935
				  in lieu of this Section. A submittal under this Section shall include the
				  following information:
a) The reasons
				why the remediation is impractical;
b) The current extent and modeled migration
				of contamination;
c) Geology,
				including soil types and parameters;
d) The potential impact to
				groundwater;
e) Results and
				locations of sampling events;
f)
				Map of the area, including all utilities and structures; and
g) Present and post-remediation uses of the
				area of contamination, including human receptors at risk.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 742 - TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES › Subpart I - TIER 3 EVALUATION › Section 742.925 - Exposure Routes

Current through Register Vol. 48, No. 28, July 12, 2024
Technical information may demonstrate that there is no actual
				  or potential impact of contaminants of concern to receptors from a particular
				  exposure route. In these instances, a demonstration excluding an exposure route
				  shall be submitted to the Agency for review and approval. A demonstration that
				  involves the indoor inhalation exposure route shall follow Section
				  742.935
				  in lieu of this Section. A submittal under this Section shall include the
				  following information:
a) A
				description of the route evaluated;
b) A description of the site and physical
				site characteristics;
c) A
				discussion of the result and possibility of the route becoming active in the
				future; and
d) Technical support
				that may include, but is not limited to, the following:
1) a discussion of the natural or man-made
				barriers to that exposure route;
2)
				calculations and modeling;
3)
				physical and chemical properties of contaminants of concern; and
4) contaminant migration
				properties.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 742 - TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES › Subpart I - TIER 3 EVALUATION › Section 742.930 - Derivation of Toxicological Data

Current through Register Vol. 48, No. 28, July 12, 2024
If toxicological-specific information is not available for
				  one or more contaminants of concern from the sources incorporated by reference
				  in Section
				  742.210,
				  the derivations of toxicological-specific information shall be submitted for
				  Agency review and approval.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 742 - TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES › Subpart I - TIER 3 EVALUATION › Section 742.935 - Indoor Inhalation Exposure Route

Current through Register Vol. 48, No. 28, July 12, 2024
a) Exclusion of Exposure Route
Site information may demonstrate that there is no actual or
				  potential impact of contaminants of concern to receptors from the indoor
				  inhalation exposure route. In these instances, a demonstration excluding the
				  exposure route shall be submitted to the Agency for review and approval. A
				  submittal under this Section shall include the following information:
1) A description of the site, physical site
				characteristics, existing and planned buildings, and existing and planned
				man-made pathways; and
2) A
				discussion of the possibility of the route becoming active in the
				future.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 742 - TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES › Subpart J - INSTITUTIONAL CONTROLS › Section 742.1000 - Institutional Controls

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Institutional controls in accordance with this Subpart must be placed on the
				property when remediation objectives are based on any of the following
				assumptions:
1) Industrial/Commercial
				property use;
2) Target cancer risk
				greater than 1 in 1,000,000;
3)
				Target hazard quotient greater than 1;
4) Engineered barriers;
5) The point of human exposure is located at
				a place other than at the source;
6) Exclusion of exposure routes;
7) A diffusion only mode of contaminant
				transport for the indoor inhalation exposure route;
8) Use of an indoor inhalation building
				control technology;
9) For the
				indoor inhalation exposure route, the presence of a building with a full
				concrete slab-on-grade or a full concrete basement floor and walls;
				or
10) Any combination of the
				above.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 742 - TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES › Subpart J - INSTITUTIONAL CONTROLS › Section 742.1005 - No Further Remediation Letters

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				A No Further Remediation Letter issued by the Agency under 35 Ill. Adm. Code
				732 or 740 may be used as an institutional control under this Part if the
				requirements of subsection (b) of this Section are met.
b) A request for approval of a No Further
				Remediation Letter as an institutional control shall meet the requirements
				applicable to the specific program under which the remediation is
				performed.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 742 - TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES › Subpart J - INSTITUTIONAL CONTROLS › Section 742.1010 - Environmental Land Use Controls

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				An Environmental Land Use Control (ELUC) is an institutional control that may
				be used under this Part to impose land use limitations or requirements related
				to environmental contamination. ELUCs are only effective when approved by the
				Agency in accordance with this Part. Activities or uses that may be limited or
				required include, but are not limited to, prohibition of use of groundwater for
				potable purposes, restriction to industrial/commercial uses, operation or
				maintenance of engineered barriers, indoor inhalation building control
				technologies, or worker safety plans. ELUCs may be used in the following
				circumstances:
1) When No Further Remediation
				Letters are not available, including but not limited to when contamination has
				migrated off-site or outside the remediation site; or
2) When No Further Remediation Letters are
				not issued under the program for which a person is undergoing
				remediation.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 742 - TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES › Subpart J - INSTITUTIONAL CONTROLS › Section 742.1012 - Federally Owned Property: Land Use Control Memoranda of Agreement

Current through Register Vol. 48, No. 28, July 12, 2024
a) A Land Use
				Control Memorandum of Agreement (LUC MOA) between one or more agencies of the
				federal government and the Illinois Environmental Protection Agency is the
				institutional control that shall be used under this Part to impose land use
				limitations or restrictions related to environmental contamination on Federally
				Owned Property. A LUC MOA may be used only for Federally Owned Property. Each
				LUC MOA, at a minimum, must require that the Federal Landholding Entities
				responsible for the Federally Owned Property do the following:
1) Provide adequate identification of the
				location on the Federally Owned Property of each site with land use limitations
				or requirements. Such identification shall be by means of common address,
				notations in any available facility master land use plan, site specific GIS or
				GPS coordinates, plat maps, or any other means which identifies the site in
				question with particularity;
2)
				Implement periodic site inspection procedures to ensure adequate oversight by
				the Federal Landholding Entities of such land use limitation or
				requirement;
3) Implement
				procedures for the Federal Landholding Entities to periodically advise the
				Agency of continued compliance with the maintenance of the land use control and
				site inspection requirements included in the LUC MOA;
4) Implement procedures for the Federal
				Landholding Entities to notify the Agency of any planned or emergency changes
				in land use that may adversely impact any site with land use limitations or
				requirements; and
5) Notify the
				Agency at least 60 days in advance of a conveyance by deed or fee simple title,
				by the Federal Landholding Entities, of a site with land use limitations or
				requirements, to any entity that will not remain or become a Federal
				Landholding Entity, and provide the Agency with information about how the
				Federal Landholding Entities will ensure that the requirements of Section
				742.1010
				are to be satisfied upon conveyance of that site.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 742 - TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES › Subpart J - INSTITUTIONAL CONTROLS › Section 742.1015 - Ordinances

Current through Register Vol. 48, No. 28, July 12, 2024
a) An ordinance
				adopted by a unit of local government that effectively prohibits the
				installation of potable water supply wells (and the use of such wells) may be
				used as an institutional control to meet the requirements of Section
				742.320(d)
				or
				742.805(a)(3)
				 if the requirements of this Section are met.
				A model ordinance is found in Appendix G. Ordinances prohibiting the
				installation of potable water supply wells (and the use of such wells) that do
				not expressly prohibit the installation of potable water supply wells (and the
				use of such wells) by units of local government may be acceptable as
				institutional controls if the requirements of this Section are met and a
				Memorandum of Understanding (MOU) is entered into under subsection (i) of this
				Section. For purposes of this Section, a unit of local government is considered
				to be expressly prohibited from installing and using potable water supply wells
				only if the unit of local government is included in the prohibition provision
				by name. The prohibition required by this Section shall satisfy the following
				requirements at a minimum:
1) The prohibition
				shall not allow exceptions for potable water well installation and use other
				than for the adopting unit of local government;
2) The prohibition shall apply at all depths
				and shall not be limited to particular aquifers or other geologic
				formations;
3) If the prohibition
				does not apply everywhere within the boundaries of the unit of local
				government, the limited area to which the prohibition applies shall be easily
				identifiable and clearly defined by the ordinance (e.g., narrative descriptions
				accompanied by maps with legends or labels showing prohibition boundaries, or
				narrative descriptions using fixed, common reference points such as street
				names). Boundaries of prohibitions limited by area shall be fixed by the terms
				of the ordinance and shall not be subject to change without amending the
				ordinance in which the prohibition has been adopted (e.g., no boundaries
				defined with reference to zoning districts or the availability of the public
				water supply); and
4) The
				prohibition shall not in any way restrict or limit the Agency's approval of the
				use of the ordinance as an institutional control pursuant to this Part (e.g.,
				no restrictions based on remediation program participation, or no restrictions
				on persons performing remediation within the prohibition area who may use the
				ordinance).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 742 - TIERED APPROACH TO CORRECTIVE ACTION OBJECTIVES › Subpart J - INSTITUTIONAL CONTROLS › Section 742.1020 - Highway Authority Agreements and Highway Authority Agreement Memoranda of Agreement

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
				agreement with a highway authority may be used as an institutional control
				where the requirements of this Section are met and the Agency has determined
				that no further remediation is required as to the property(ies) to which the
				agreement is to apply. Highway Authority Agreements submitted to the Agency,
				except for those agreements with the Illinois Department of Transportation,
				must match the form and contain the same substance, except for variable
				elements, as the model in Appendix D.
b) As part of the agreement the highway
				authority shall agree to:
1) Prohibit the use
				of groundwater under the highway right of way that is contaminated above
				residential Tier 1 remediation objectives from the release as a potable supply
				of water; and
2) Limit access to
				soil contamination under the highway right of way that is contaminated above
				residential Tier 1 or construction worker remediation objectives, whichever is
				less, from the release. Access to soil contamination may be allowed if, during
				and after any access, public health and the environment are
				protected.