E IV i~
CLERK’S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOA~
152004
STATE OFILUNOIS
PoUution
Control Board
ISG HENNEPIN INC.
)
Rts.I-l8Oand7l
)
Hennepin, IL 61327,
)
)
Petitioner,
)
v.
)
PCBO4-____________
)
(Variance
-
UIC)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY
)
)
Respondent.
)
NOTICE OF FILING
To:
Division ofLegal
Counsel
Illinois Environmental Protection Agency
1021
North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
PLEASE TAKE NOTICE that I have today filed with the Office ofthe Clerk of the
Illinois
Pollution Control Board the Petition for Review, Motion for Leave to Appear Pro Hac
Vice, Notice ofAppearance and
Certificate ofService ofPetitioner ISG Hennepin Inc., copies of
which are herewith served upon you.
ISG HENNEPIN INC.
Steven C. Bordenkircher
Attorney
March 11,2004
Steven C.
Bordenkircher
SQUIRE,
SANDERS
& DEMPSEY L.L.P.
4900 Key Tower
127 Public Square
Cleveland,
Ohio
44114
Phone:
(216)479-8500
Fax:
(216) 479~8776
E-mail: SBordenkircher@ssd.com
BEFORE
TIlE
ILLINOIS POLLUTION CONTROLB~k~I~1~
~
~v~AR
1
52004
ISG HENNEPIN INC.
)
p~NoEnCont~lBo&d
Rts.I-l8Oand7l
)
Hennepin, IL
61327,
)
)
Petitioner,
)
V.
)
PCBO4-_____________
)
(Variance
-
UIC)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY
)
)
Respondent.
)
PETITION FOR REVIEW
Petitioner ISG Hennepin Inc. (“ISG”), by its attorneys Squire, Sanders & Dempsey
L.L.P., hereby appeals the February 4, 2004, action of Respondent the Illinois Environmental
Protection Agency (“Agency”) denying ISG’ s request for a provisional variance from various
requirements set forth in ISG’s underground injection control permit.
This
appeal is filed
pursuant to Sections 35 and 37 ofthe Environmental Protection Act (“Act”) (415 ILCS
5/35;
415
ILCS
5/37)
and Subpart B ofPart
105
of the Board’s procedural rules
(35
Ill. Admin. Code
105,
Subpart B).
1.
ISG is a proper petitioner pursuant to Sections
105.202(a) and 105.204(f) ofthe
Board’s procedural rules.
35 Ill. Admin. Code
105.202(a),
105.204(f).
2.
The Agency
issued its decision denying the provisional variance on February 4,
2004, and this petition is
timely under Sections
101.300 and
105.206(a) ofthe Board’s
procedural rules.
35
Ill. Admin. Code
101.300,
105.206(a).
The Agency’s decision is attached
hereto as Exhibit A.
3.
ISG is the listed permittee on Permit No. UIC-004-W1-JL (“Permit”) in
connection with Underground Injection Control Well No. WDW-1
(“Injection Well”) and
Galesville Monitor Well
(“Monitor Well”) located on ISG’s premises.
4.
The Permit requires in Section I.H.30 that ISG conduct certain annual mechanical
integrity testing on the Injection Well and requires in Attachment G.
1 S.d that ISG conduct a
series ofmechanical integrity tests every five years on the Monitor Well
(collectively
“Mechanical Integrity Testing”).
S.
ISG was required under the Permit to perform Mechanical Integrity Testing
during the 2003 calendar year.
6.
Certain elements ofthe Mechanical Integrity Testing, including requirements to
perform a temperature survey on the Injection Well, to perform an oxygen activation log on the
Monitor Well and to pull the tubing and packer on both wells,
are unnecessary and exceed the
Illinois EPA and US EPA Underground Injection Control Criteria and
Standards for mechanical
integrity testing of Class
I Hazardous Injection Wells.
The approximate cost to
ISG to perform
these activities is $70,000.
7.
Because such activities
are unnecessary, unduly burdensome and
inconsistent
with applicable criteria and
standards, ISG, after engaging in numerous discussions with the
Agency, submitted a formal request for a Permit modification on September
19, 2003, requesting
that the Agency amend the Mechanical Integrity Testing requirements in the Permit to be
consistent with the applicable state and federal criteria and standards for mechanical integrity
testing.
Based upon information available to
ISG, the Agency intends to
approve ISG’s
modification request.
ISG plans to perform the applicable 2003 Integrity Testing on both wells
within 30 days following the Agency’s ruling on ISG’s permit modification request.
2
8.
Despite the Agency’s indications that it would approve ISG’s request to modify
the Permit, the Agency had not approved the modification request as ofDecember 2003.
9.
In
the absence of a final order from the Agency before the end ofcalendar year
2003
approving ISG’s request for a Permit modification, ISG applied for a provisional variance
on December 29, 2003,
to obtain relief from performing the Mechanical Integrity Testing
required in 2003 until the Agency rules on ISG’s permit modification request.
A copy ofthat
request is attached hereto as Exhibit B.
10.
On February
4, 2004, the Agency, by and through its Division of Legal Counsel,
denied ISG’ s request for a provisional variance, stating that the materials submitted by ISG
in
support of its request fail to demonstrate that the conditions ofthe Permit would impose an
arbitrary or unreasonable hardship, but failing to state any support for that assertion.
WHEREFORE, ISG requests that:
(A)
The Board declare that the Agency’s action denying ISG’s request for a
provisional variance from the Permit’s 2003 Mechanical Integrity Testing requirements to be
arbitrary, capricious, unreasonable,
unlawful and/or beyond the regulatory and legislative
authority ofthe Agency;
(B)
The Board vacate the Agency’s action denying ISG’s request for a provisional
variance from the Permit’s 2003
Mechanical Integrity Testing requirements and require the
Agency to approve ISG’s provisional variance request; and
(C)
The Board grant ISG such other and further relief as is just, necessary and proper.
3
Respectfully submitted,
~c.
~
Steven C. Bordenkircher
SQUIRE, SANDERS &
DEMPSEY L.L.P.
4900 Key Tower
127 Public Square
Cleveland,
Ohio
44114
Phone:
(216)479-8500
Fax:
(216) 479-8776
E-mail:
SBordenkircher@ssd.com
Attorney for Petitioner
ISG Hennepin Inc.
4
EXHIBIT A
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
1021
NORTH GRAND
AVENUE
EAST,
P.O.
Box 19276,
SPRINGFIELD,
ILLINOIS
62794-9276,
217-782-3397
JAMES
R.
THOMPSON
CENTER,
100
WEST
RANDOLPH,
SUITE
11-300,
CHICAGO,
IL
60601, 312-814-6026
RoD
R.
BLAGOJEVICH,
GovERNoR
RENEE
CIPRIANO,
DIRECTOR
(217)
782-5544
TDD:
(217)782-9143
February 4, 2004
Mr.
Cory J. Peruba
Environmental, Health & SafetyManager
International Steel Group
R.R. #1,
P.O. Box
325
Route 71
& 1-180
Hennepin, Illinois 61327
Re:
PROVISIONAL VARIANCE
DENIAL
-
PV-04-01
ISG Hennepinll 55801 0006-Putnam
County/Compliance
DLC File #14-04
Dear Mr. Peruba:
The Illinois Environmental Protection Agency (“Illinois EPA”) is in receipt ofyour letter dated
December 29, 2003, and received by the Illinois EPA on January 5, 2004, in which you request a
provisional variance from UTC
Permit,
UTC-004-Wl-JL condition which requires Mechanical
Integrity Testing ofISG Hennepin
‘S
Class I Injection Well No.
1 during
calender year 2003.
Please be
advised this request for a provisional variance is denied.
The materials submitted by
ISG Hennepin in support oftheir request for a provisional variance fail
to demonstrate that the
conditions ofUIC
Permit, UIC-004-W1-JL would impose
an arbitrary or unreasonable hardship.
You may seek a regular variance by petitioning the Illinois Pollution Control Board pursuant to
Section
35(a)
ofthe Act.
Sincerely,
Todd Rettig, Ivjgt~
BOL Section’
Division of Legal Counsel
ROCKFORD
—4302
North
Main Street, Rockford, IL 61103
—
(815) 987-7760
•
Drs
PLAINE5
—9511
W. Harrison
St.,
Des Plaines,
IL 60016 —(847) 294.4000
ELGIN
—
595
South State,
Elgin,
IL 60123
—
(847) 608-31
31
•
PEORIA
—5415
N.
University St., Peoria,
IL 61614— (309) 693-5463
BUREAU
OF LAND
-
PEORIA
—
7620 N.
University
St.,
Peoria,
IL 61614
—
(309) 693-5462
•
CHAMPAIGN
—2125 South
First Street, Champaign,
IL 61820
—
(217) 278-5800
SPRINGFIELD
—4500 S.
Sixth
Street Rd.,
Springfield,
IL 62706 —(217) 786-6892
•
COLLIN5vILLE
—2009 MalI Street, CoIIinsviIIe, IL
62234—1618) 346-5120
MARION
—2309W.
Main St., Suite
116,
Marion, IL 62959 —(618) 993.7200
PRINTED ON
RECYCLED PAPER
EXHIBIT B
internationai Steel Group
Hennepin,
Inc.
RR #1, P0
Box 325,
R~.71
&
1-180,
Hennepin, Illinois 61327
December 29, 2003
Illinois Environmental Protection Agency
Division ofLand Pollution Control
1021
N. Grand Avenue East
Springfield,
II
62702
ATTN.
Mr. Todd Rettig
Re:
Application for a Provisional Variance from the Annual and Five Year Mechanical Integrity
Testing Requirements ofISO Hennepin’s Class I Injection Well No. 1,
Permit No.
UIC-004-W1-JL
Dear Mr. Rettig:
ISO Hennepin Inc.
(ISG) is applying
for a Provisional
Variance to the
mechanical integrity testing
requirements ofthe facility’s Underground Injection Control Well No. WDW-L(Jnjection Well No.
1)
and Galesville
Monitor
Well
(Monitor
Well).
UIC
Permit,
UIC-004-W1-JL,
requires
the
annual
mechanical
integrity
testing
listed
in
Sections
I,
Permit
Conditions
(H)(30) for the
WDW-1
and
Attachment G, (1
5)(d)
specifies a series ofmechanical integrity tests required every five years on the
Monitor Well.
ISO is requesting a variance from the mechanical integrity testing required by Permit
No. UIC-004-W1 -JL for the calendar year
2003.
The Provisional Variance is requested
to allow the
review
of ISG’s
permit
modification
request
submitted
to
the
Illinois
Environmental
Protection
Agency
(EPA),
Division
of Land
and
Pollution
Control
on
September
19,
2003.
In the
permit
modification,
ISG is requesting
that the permit be amended to
be in
line with
the current
state and
federal criteria and standards for mechanical integrity testing.
The
primary reason
for requesting the
Provisional
Variance is
to
obtain
relief from
the
five-year
mechanical integrity tests on the Monitor Well until EPA
rules on ISO’spermit modification request.
The
five-year mechanical integrity tests are due in the calendar year 2003, and will not be due again
until
the
year 2008.
The five-year
testing
currently required
on
the
monitor well
submits
ISG
to
significant risk and cost during the workover required to perform the specified logs
on the well.
ISG
proposes to perform the 2003 mechanical integrity testing on both wells within 30 days ofIEPA ruling
on
the
permit modification
request.
If the permit modification
is
approved,
ISG
will
perform the
testing
according
to
the
testing
requirements
included
in
the
modified
permit
and,
if the
permit
modification
is denied, ISG will perform the testing currently specified in the UIC Permit, UIC-004-
W1-JL.
ISG
operates
a
Class
I hazardous
injection well
for the
disposal of pickling
and
galvanizing waste
generated during themanufacture ofsteel at ISG Hennepin Inc.
The injection well is permitted for the
disposal of 6,701,400 gallons of wastewater per month.
The
injection well
is located 390
feet north
and
191
feet west ofthe southeast corner ofthe southwest quarter ofthe southwest quarter ofSection
3, Township
32 North, Range 2 West ofthe 3°~
Principal Meridian, Putnam County,
Illinois.
WDW-1
is permitted for injection into the Mt. Simon interval.
The injection zone is definedas extending from
the
top
the
Lomard Dolomite
Member
at ±2,902feet
to
the base
of the
Mt.
Simon
Sandstone
at
•
Page2
±4,868
feet.
The monitor well was designed and completed in the Galesville formation at ±2,708feet,
which is the first permeable zone immediately overlyingtheconfining zone in WDW-l.
The variance will not result in any adverse environmental impacts.
The variance is requested to allow
an
extension
so
that
the
EPA
can
complete
the
review
of ISO’s
permit
modification
prior
to
performing the facilities required 2003 mechanical integritytesting.
The permit modification request
was submitted to remove unnecessary, risky, and expensive annual and five-year mechanical integrity
tests from the permit.
The additional testing on the monitor well will result in an estimated additional
cost to ISO ofapproximately $70,000.
ISG-Hennepin, Inc. is having a difficult time turning a profit
and this additional cost would be very difficult (and unnecessary) to absorb.
ISG has not applied for orbeen grantcd a provisional variance within the calendaryear.
Permit Modification Request Justification
ISO’s UIC
permit
includes
requirements
to
perform
annual
and
five
year
mechanical
integrity
temperature surveys on Injection Well No.
1
and to pull thetubing and packer at least once every five
years
to
ru.n a cement bond/evaluation log and casing inspection log on both wells.
The permit also
requires
that
an Oxygen Activation
(OA) Log
be performed every five years
on the Monitor Well.
These requirements exceed the illinois EPA and US EPA Underground Injection Control Criteria and
Standards
for mechanical
integrity
testing of Class
I Hazardous
Injection
Wells.
ISO
submitted
a
permit modification request to amend the permit to be in
line
with the state and
federal criteria and
standards for mechanical integrity testing.
The
mechanical
integrity
testing
requirements
in
35
Illinois
Administrative
Code,
Section
730. 168(d)(3) and (4) for temperature and casing inspection logs for Class I Hazardous injection wells
are presentedbelow:
3)
An approved temperature, noise,
or other approved
log must be run
at
least once every
five years to test formovement offluid along the borehole.
The Agency may require such
tests whenever thewell is worked over;
4)
Running casing inspection logs.
A)
Casing
inspection logs must be
run whenever the owner or operator conducts
a
workover
in
which
the
injection
string
is
pulled,
unless
the
Agency by
permit
allows otherwise:
i)
due
to
well
construction
or
other
factors
that
limit
the
test’s
reliability, or
ii)
based on the satisfactory results ofa casing inspection log run within
the previous five years.
The federal mechanical integrity testing standards for Class I Hazardous InjectionWells is included in
40 CFR
§
146.68(d).
The requirements for running a temperature log and casing inspection log are in
§146.68(d)(3) and (4), and are presentedbelow:
3)
An approved temperature, noise,
or otherapproved log shall be runat least once every five
years to
test for movement of fluid along the borehole.
The Director may require
such
tests whenever the well is worked over;
•
Page3
4)
Casing inspection logs shall be run whenever the owner or operator conducts a workover
in which the injection
string is pulled,
unless the Director waives the requirement due to
well
construction
or other factors
which
limit
the
test’s
reliability, or
based
upon
the
satisfactory
results
of a
casing inspection
log
run within
the
previous
five
years.
The
Director mayrequire that
a casing inspection log be run every five years, if he has reason
to believe that the integrity ofthe long string casing ofthe well may be
adverselyaffected
by naturally occurring orman-made events;
InjectionWeilNo. I
UIC Permit, UIC-004-W1-JL, requires the following mechanical integrity testing in Sections I, Permit
Conditions
(H)(30)(c),
(f),
and
(g)
for Injection
Well
No.
1
which
exceed
the
state
and
federal
standards and are overlyburdensome and expensive for ISO:
c)
The
Permittee
will
demonstrate
the
absence
of significant
fluid
movement
into
an
underground
source
of drinking
water
through
vertical
channels, adjacent
to
the
injection well bore by use ofa temperature log to be conducted annually and whenever
thewell is worked over.
f)
A cement bond log/evaluation will be run in the entire length ofthe long string casing
at leastonce every five years.
g)
A
casing
inspection
log
will
be
run
with
the
cement
bond
log
to
determine
the
thickness and condition ofthe long siring casing at least once every five years.
The state regulations require that a temperature surveybe performed at least every five years and state
that the director may require a temperature survey when a workover is performed on the well.
ISO
requested the following changes in thepermit modification request to Permit Condition (H)(30)(c):
c)
The
Permittee
will
demonstrate
the
absence
of
significant
fluid
movement
into
an
underground source of drinking water through vertical channels adjacent to the injection
well bore by use of a temperature
log to
be conducted at least once every five years and
wheneverthewell is worked over.
The state regulations require
that casing
inspection logs shall be run whenever the owner or operator
conducts a workover in which the injection string is pulled, unless the Directorwaives the requirement
due to well construction or other factors which limit the test’s reliability, orbased upon thesatisfactory
results of a casing inspection
log run within the previous
five years.
ISG requested
the
following
changes in the permit modification request to Permit Conditions (h)(30)(f)and (g):
f)
A cement bond log/evaluation will be run whenever the owner or operatorconducts a
workover
in
which
the
injection
string
is
pulled,
unless
the
Director
waives
the
requirement due to well construction or other factors which limit the test’s reliability,
or based
upon the
satisfactory results ofa cement bond
log/evaluation run within the
previous
five years.
The Director may require that a cement bond log/evaluation be
run every
five years, ifhe has reason to believe that the integrity ofthe cement in the
long string casing borehole anriulus ofthe well may be adversely affected by naturally
occurring or man-made events.
g)
A
casing
inspection
log
shall
be
run
whenever
the owner or operator conducts
a
workover
in
which
the
injection
string
is
pulled,
unless
the
Director waives
the
•
Page4
requirement due to well construction or other factors which limit
the test’s reliability,
orbased upon the satisfactory results ofa casing inspection log runwithin the previous
five years.
The Director may require that a casing
inspection log be
run
every five
years, ifhe has reason to believe that the integrity ofthe long string casing ofthe well
may be adversely affected by naturally occurring orman-made events.
GalesvilleMonitorWell
IJIC Permit, UTC-004-W1-JL,
Attachment 0,
(15)(d)
specifies a series of mechanical
integrity tests
required
every
five
years
on the
Monitor Well.
The
five-year
mechanical
integrity tests
currently
required are listed below:.
i.
Oxygen activation log
ii.
Annulus pressure test of300 psi for one hour
iii.
Cement bond log
iv.
Casing inspection log
v.
Multi-finger mechanical caliper
The
testing listed
above
far exceeds the five-year mechanical
integrity
testing required of a
Class
I
Hazardous
Injection
Well
by
illinois
EPA
or USEPA
Standards.
The
standards
for
a
Class
I
Hazardous Injection Well
do not require that the tubing and packerbe removed from a well to perform
mechanical
integrity testing,
unless
the Director has
reason to
believe that the
integrity of the long
string casing of the well may be adversely affected by naturally occurring orman-made events.
Why
should a majorworkover be performed on a monitor welljust to run mechanical integrity logs when it
is not required ofa Class I Hazardous InjectionWell?
The well was installed to monitor the formation pressure and constituents in the first aquifer abovethe
Injection Zone, the Galesville Formation.
The well is designed to monitor the formation pressure and
to sample the formation fluid from the Galesville Formation.
The permit also requires that the tubing-
casing
annulus
be
pressure tested to
300
psi
to verify the mechanical
integrity ofthe well
tubulars
prior to collecting
a formation sample.
The well is not a dynamic injection well subject to
elevated
pressures
arid erosion from the injection
ofwaste fluids,
but is a static well designed to monitor the
formation pressure and to collect quarterly samples offormation fluids.
The formation pressure in the
Galesville interval is continuously monitored by the well.
The
mechanical
integrity of the
Monitor
Well
is
verified
by
the
continuous
monitoring of the
Oalesville
formation
pressure,
quarterly
annulus
pressure
tests,
and
the
quarterly
fluid
samples
collected
and
analyzed
from
the
interval.
The loss of the
mechanical integrity of the
well will be
detected during pressure monitoring by a change in formation pressure, during the quarterly annulus
pressure
tests,
or during
the
analysis
of the
quarterly
fluid
samples
collected
from
the
Galesville
Formation.
Fluid samples are analyzed for the constituents listed
in Attachment D ofthe permit.
The process ofpulling the tubing and packer to perform an oxygen
activation log, cement bond log,
casing inspection log, and
multi-finger mechanical
caliper log on the Monitor Well
is not necessary
and also
interferes with the designed purpose ofcontinuously monitoring the formation pressure and
sampling the formation fluids for
constituents
on
a quarterly basis.
The required workover and the
logging
include
a
significant
risk
of
introducing
constituents
to
the
monitored
interval.
The
•
Page5
continuous
pressure monitoring
will
be
interrupted
unnecessarily,
and
most
likely
will be
slightly
shifted
due
to
errors
associated
with
the
removal
and
reinstallation
of the
pressure
monitoring
equipment.
The mechanical integrity of the Monitor Well is verified continuously by the formation
pressure
monitoring and quarterly
during each
sampling event.
The required five-year mechanical
integritytesting on thewell is not needed, is detrimental to the design purpose for the well
installation,
and is extremely expensive
and risky for the operator.
ISO requested the following changes to UIC
Permit, UIC-004-Wl-JL, AttachmentG,
(15)(d)
in the permit modification request:
d.
Every year the mechanical integrity ofthe well will be verified by an annulus pressure
test to
300
psi
for one hour.
The
Director may
require additional
tests
such as
an
Oxygen Activation
Log,
Cement
Bond
Log,
or Casing
Inspection
Logs,
if he
has
reason
to
believe
that
the
integrity of the
long
string
casing of the
well
may
be
adversely affected by naturallyoccurring orman-made events.
ISO
has
requested
that
these
modifications
be’
made
to
Permit
No.
UIC-0004-Wl-JL
prior
to
performing the
2003
mechanical integrity testing on the facility’s wells.
ISO plans to schedule the
2003 testing immediately afterreceiving IEPA’s decisionon the requested testing.
ISO is requesting relief from performing the 2003
annual and five-year mechanical integrity tests until
IEPA rules
on ISO’s permit modification request.
ISO
is requesting a Provisional Variance to
the
performing the 2003 mechanical integrity testing ofthe facility’s Underground-Injection Control Well
No.
WDW-l
and Galesville Monitor Well while ISO’s
permit modification request submitted
to the
Illinois
Environmental
Protection
Agency
(EPA),
Division
of Land
and
Pollution
Control
is
reviewed.
ISG
appreciates
your consideration of the requested
Provisional
Variance.
Mr.
Steve Nightingale
(RCRA Unit
Manager)
and
Ms. Rebecca
Vershaw (Environmental Protection
Geologist, BOL)
are
both aware and have expressed support ofour position. Please do not hesitate to contact either if you
have any questions. If you have any questions or need
additional information, please contact me at
(815)
925-2133.
Respectfu
Coryi.Peruba
Environmental, Health, & Safety Manager
Cc:
Ms.
Rebecca Vershaw
EPA-BOL
Field Operations
Section
4302 North
Main
Street
Rocklord,
Illinois 61103
Mr.
Steve Nightingale
IEPA-BOL
P.O. Box
19276
Springfield,
II
62794-9276
Keith
Nagle
CLERKS ~
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARIW\~~
~
8Th’
~_.
~
poltUttOfl ~
ISG
HENNEP1N INC.
)
Rts.I-l8Oand7l
)
Hennepin, IL 61327,
)
)
Petitioner,
)
(0
v.
)
PCBO4-
I’-’
)
(Variance
-
UIC)
ILLiNOIS ENVIRONMENTAL
)
PROTECTION AGENCY
)
)
Respondent.
)
MOTION FOR LEAVE TO
APPEAR PRO HAC VICE
COMES NOW Steven C. Bordenkircher and, pursuant to 35
IAC
1 00.400(a)(3), requests
permission from the Illinois Pollution Control Board
(“Board”) to appear on behalfof Petitioner
ISO Hennepin Inc.
and to
represent the same as its
attorney for all matters
before the Board
regarding the Petition for Review filed in conjunction with this Motion.
In support ofthis
Motion, Steven C. Bordenkircher states as follows:
1.
He is an attorney, licensed to practice law in the State ofOhio (Ohio Bar No.
0069671).
.
2.
He is in good
standing with all courts to which he is admitted.
3.
He is employed Squire,
Sanders & Dempsey L.L.P., counsel to Petitioner, and his
office is located at 4900 Key Tower,
127 Public Square, Cleveland, Ohio 44144-1304.
WHEREFORE, Steven C. Bordenkircher requests that the Board grant this Motion and
allow him to represent Petitioner ISG Hennepin Inc.
in all matters before the Board regarding the
Petition for Reviewfiled in conjunction with this Motion.
Dated: March 11, 2004
Respectfully
submitted,
Steven C. Bordenkircher
SQUIRE, SANDERS &
DEMPSEY L.L.P.
4900 KeyTower
127 Public Square
Cleveland,
Ohio
44114
Phone:
(216)479-8500
Fax:
(216) 479-8776
E-mail:
SBordenkircher@ssd.com
Attorney for Petitioner
ISG Hennepin Inc.
2
CLER~(’gOFFiCE
MA~H~32Qfl4
BEFORE THE ILLINOIS POLLUTION CONTROL BOM~P
b~A~
E OF ILUNOIS
POiiutj~nContro’ Board
ISG HENNEPIN INC.
Rts.I-l8Oand7l
)
Hennepin, IL
61327,
)
)
Petitioner,
)
•
)
v.
)
PCBO4-
L~-~’
____
•
)
(Variance
-
UIC)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY
)
)
Respondent.
)
APPEARANCE
I hereby file my appearance in this proceeding, on behalfofPetitioner ISG
Hennepin Inc.
Dated: March
11, 2004
Respectfully submitted,
Steven C. Bordenkircher
SQUIRE, SANDERS
& DEMPSEY L.L.P.
4900 Key Tower
127 Public Square
Cleveland, Ohio
44114
Phone:
(216)479-8500
Fax: (216) 479-8776
E-mail: SBordenkircher@ssd.com
Attorney for Petitioner
ISG Hennepin Inc.
t
-~
?~
•
CLE~3OFFICE
/~
1
~
2004
BEFORE THE ILLINOIS POLLUTION CONTROL BOARI1
bIAF~
OF ILLINOIS
•
Pollution
Control Board
ISO HENNEP1N INC.
Rts.I-180and71
)
Hennepin, IL 61327,
)
)
Petitioner,
)
i(~O
v.
•
)
PCBO4-______________
)
(Variance
-
UIC)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY
)
)
Respondent.
)
CERTIFICATE OF SERVICE
I, the undersigned,
hereby certify that I have served a copy ofeach ofthe following
documents by regular United States mail, postage prepaid, this
11th
day ofMarch,
2004:
•
Petition for Review;
•
Motion for Leave to Appear Pro Hac Vice;
•
Notice of Appearance; and
•
Notice ofFiling
upon the Illinois Environmental Protection Agency at:
Division of Legal
Counsel
Illinois
Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
~c.
~
Attorney forPetitioner
ISG Hennepin Inc.
