Illinois Administrative Code
Title 35 - ENVIRONMENTAL PROTECTION
Part 740 - SITE REMEDIATION PROGRAM
Subpart E - SUBMITTAL AND REVIEW OF PLANS AND REPORTS
Section 740.515 - Standards for Review of Remediation Objectives Reports
Universal Citation: 35 IL Admin Code ยง 740.515
Current through Register Vol. 48, No. 38, September 20, 2024
When reviewing Remediation Objectives Reports, the Agency or the RELPE shall consider:
a) Whether the report is complete and has been accompanied by the information and supporting documentation necessary to determine whether the remediation objectives have been determined in accordance with 35 Ill. Adm. Code 742 and whether any other remediation objectives or remediation measures are necessary to minimize or eliminate any remaining risk presented by contaminants of concern;
b) Whether the remediation objectives are consistent with the requirements of the applicable method for selecting or determining remediation objectives (Section 58.7(e)(2) of the Act), including but not limited to:
1) If
exposure routes have been excluded under 35 Ill. Adm. Code 742.Subpart C:
A) Whether the requirements for the exclusion
of exposure routes under 35 Ill. Adm. Code 742 have been satisfied;
and
B) Whether engineered barriers
and institutional controls, if relied on for the exclusion of exposure routes,
satisfy the requirements of 35 Ill. Adm. Code 742.
2) If the remediation objectives were based
on the determination of area background levels under 35 Ill. Adm. Code
742.Subpart D:
A) Whether the review of
current and historic conditions at the remediation site or in the immediate
vicinity of the site has been thorough (Section 58.7(e)(2)(A) of the
Act);
B) Whether the remediation
site sampling and analysis have been performed in a manner resulting in
accurate determinations as provided in 35 Ill. Adm. Code 742 and Section
740.415(d)
of this Part (Section 58.7(e)(2)(A) of the Act);
C) Whether the requirements for determining
area background concentrations under 35 Ill. Adm. Code 742.Subpart D have been
satisfied; and
D) Whether an area
background level for a regulated substance of concern poses an acute threat to
human health or the environment at the remediation site when considering the
post-remediation property uses.
3) If the remediation objectives were
determined under 35 Ill. Adm. Code 742.Subpart E:
A) Whether the requirements for the use of
Tier 1 under 35 Ill. Adm. Code 742 have been satisfied;
B) Whether the comparison of the
concentrations of regulated substances of concern and the Tier 1 remediation
objectives has been performed and the remediation objectives determined for the
remediation site in accordance with 35 Ill. Adm. Code 742; and
C) Whether engineered barriers and
institutional controls, if relied on in the determination of remediation
objectives or for industrial/commercial property uses, satisfy the requirements
of 35 Ill. Adm. Code 742.
4) If the remediation objectives were
determined under 35 Ill. Adm. Code 742.Subparts F, G, and H:
A) Whether the requirements for the use of
Tier 2 under 35 Ill. Adm. Code 742 have been satisfied;
B) Whether the calculations performed under
35 Ill. Adm. Code 742 were accurately performed (Section 58.7(e)(2)(B) of the
Act);
C) Whether the site specific
data relfect actual remediation site conditions (Section 58.7(e)(2)(B) of the
Act);
D) Whether engineered
barriers and institutional controls, if relied on in the determination of
remediation objectives or for industrial/commercial property uses, satisfy the
requirements of 35 Ill. Adm. Code 742.
5) If the remediation objectives were
determined under 35 Ill. Adm. Code 742.Subpart I:
A) Whether the requirements for the use of
Tier 3 under 35 Ill. Adm. Code 742 have been satisfied;
B) Whether the calculations performed under
35 Ill. Adm. Code 742 were accurately performed (Section 58.7(e)(2)(C) of the
Act);
C) Whether the site specific
data reflect actual remediation site conditions (Section 58.7(e)(2)(C) of the
Act);
D) Whether engineered
barriers and institutional controls, if relied on in the determination of
remediation objectives or for industrial/commercial property uses, satisfy the
requirements of 35 Ill. Adm. Code 742.
6) If a recognized environmental condition
requires remediation measures other than, or in addition to, remediation
objectives determined under 35 Ill. Adm. Code 742 (e.g., removal of drums
threatening a release), whether the remediation measures selected:
A) Will prevent or eliminate the identified
threat to human health and the environment;
B) Are technically feasible and can be
implemented without creating additional threats to human health and the
environment; and
C) Are not
inconsistent with the Act and applicable regulations.
7) If there are any remaining recognized
environmental conditions not addressed in the determination of remediation
objectives, whether those conditions have the potential to pose a significant
threat to human health or the environment.
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