CLERK'S
FFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JAN 1 7 2006
STATE
Pollution OF ILLINOIS
Control
IN
THE MATTER OF :
Board
)
PETITION OF LAFARGE MIDWEST, INC
.
.
)
AS 06-001
FOR BOILER DETERMINATION PURSUANT
)
(Adjusted Standard - Land)
TO 35 ILL. ADM. CODE 720.132 AND 720.133
)
NOTICE
Dorothy Gunn
Jon S. Faletto
Clerk
Howard & Howard Attorneys, P .C .
Illinois Pollution Control Board
One Technology Plaza, Suite 600
100 West Randolph Street, Suite 11-500
211 Fulton Street
Chicago, Illinois 60601-3218
Peoria, Illinois 61602
PLEASE TAKE NOTICE that I have today caused to be filed the Illinois EPA
Amended Recommendation with the Illinois Pollution Control Board, a copy of which is served
upon you
.
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Tames G. Richardson
Assistant Counsel
Dated: January 12, 2006
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
THIS FILING IS SUBMITTED ON RECYCLED PAPER
RECEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK'S OFFICE
JAN 1 7 2006
IN
THE MATTER OF :
)
STATE OF
ILLINOIS
Pollution Control Board
PETITION OF LAFARGE MIDWEST, INC
.
)
FOR BOILER DETERMINATION PURSUANT
)
AS 06-001
TO 35 ILL. ADM. CODE 720.132 AND 720 .133
)
(Adjusted Standard-Land)
ILLINOIS EPA AMENDED RECOMMENDATION
Now comes the Illinois Environmental Protection Agency ("Illinois EPA") by its attorney,
James G. Richardson, and pursuant to 35 Ill. Adm. Code 104.418 provides this Amended
Recommendation to the Amended Petition for Boiler Determination through Adjusted Standard
Proceedings ("Amended Petition") filed in this cause on December 5, 2005
. Provided that LaFarge
Midwest, Inc. addresses the issues raised in Section II (F,G) of this Amended Recommendation, the
Illinois EPA recommends that the adjusted standard be granted .
I . BACKGROUND
LaFarge Midwest, Inc. ("Petitioner") owns and operates the South Chicago Grinding Plant
located at 2150 East 130`h
Street, Chicago, Cook County, Illinois .
The primary product
manufactured at the plant is NewCem, a slag cement product produced by drying and grinding a
pelletized or granulated iron blast furnace slag . In the instant proceeding, Petitioner asks the Illinois
Pollution Control Board ("Board") for a determination that its slag dryer is a "boiler by designation"
pursuant to 35 Ill. Adm. Code 720.110 so that off-specification used oil may be burned in the slag
dryer .
The Illinois EPA did not agree with Petitioner when it sought confirmation in January 2004
that the slag dryer could be considered a boiler pursuant to 35 Ill. Adm. Code 720.110
. Following
that, discussions and information exchanges concerning the requirements for a boiler determination
occurred between the Petitioner and Illinois EPA. Petitioner satisfactorily addressed questions and
comments presented by the Illinois EPA during this period and the information used to do this was
incorporated in the original adjusted standard petition. This accounted for the Illinois EPA's brevity
in the original recommendation when considering the informational requirements of 35 Ill . Adm .
Code 104.406 .
On October 20, 2005 the Board issued an order outlining various information deficiencies in
the original adjusted standard petition and providing Petitioner with an opportunity to file an
amended petition. Petitioner did so on December 5, 2005 . In a December 15, 2005 order, the Board
accepted the Amended Petition and directed that the Illinois EPA file any amended recommendation
on or before January 17, 2006
.
II. SECTION 104.406 FACTORS
A . Section 104.406(a) - Standard from which adjusted standard is sought
The Illinois EPA does not take issue with Petitioner's statements on this subject
.
B. Section 104.406(b) - Regulation of general applicability
The Illinois EPA does not take issue with Petitioner's statements on this subject .
C. Section 104 .406(c) - Level of justification
The Illinois EPA does not take issue with Petitioner's statements on this subject
.
D. Section 104.406(d) - Petitioner's activity
The Illinois EPA does not take issue with Petitioner's statements on this subject
.
E. Section 104.406(e) - Efforts necessary to comply
See Section 104.406(0 discussion
.
2
F .
Section 104.406(1) - Proposed adjusted standard
Item 6 of the Board's October 20, 2005 order requested information as to whether the use of
off-specification used oil would require any additional
air pollution control devices or the
modification of existing equipment, and the costs associated with either scenario
. On line 2 of page
20 of the Amended Petition, Petitioner indicates its belief that the combustion of off-specification
used oil as supplemental fuel in the slag dryer will not require
additional pollution control
equipment. On line 10 of page 14 is the statement that the cost savings from the use of specification
used oil did not justify the investment to burn used oil, but the lower cost of off-specification used
oil did make the project economically feasible
.
These statements, and the statements referenced in Section 104 .406(g) below, suggest that
additional equipment and/or the modification of existing equipment is required for the burning of
used oil, but no details about the equipment are contained in the Amended Petition. Also, Petitioner
does not provide data as to the cost of burning natural gas in the slag dryer
. This information could
be useful in analyzing the equipment issue here, as well as the analysis concerning the
Section
104.406(e) information
.
G . Section 104.406(g) - Quantitative and qualitative impact on the environment
Item 7 of the Board's October 20, 2005 order requested Petitioner to provide emission levels
for all contaminants of concern under both the rule of general applicability and the proposed relief .
On line 17 of page 5 of the Amended Petition, Petitioner indicates that a negligible increase in sulfur
dioxide emissions is the only emissions change expected from the utilization of off-specification
used oil. Then on line 5 of page 24, the statement is made that only the sulfur dioxide emission from
the combustion of off-specification used oil would exceed the allowable emissions under the current
3
Lifetime Operating Permit. The current Lifetime Operating Permit, provided in Exhibit G, indicates
that the maximum annual allowable emission for sulfur dioxide is 1 .23 tons/year
.
In Table 3 of
Exhibit F, the potential emissions from the dryer when using off-specification used oil are 37.13
tons/year for sulfur dioxide .
These various references to sulfur dioxide emissions do not appear to be consistent and
should be clarified by Petitioner
.
H. Section 104.406(h) - Justification of the proposed adjusted standard
The Illinois EPA does not take issue with Petitioner's statements on this subject
.
I. Section 104.406(1) - Consistency with federal law
The Illinois EPA does not take issue with Petitioner's statements on this subject
.
J. Section 104.406(j)-Hearing
The Illinois EPA does not take issue with Petitioner's statements on this subject
.
K. Section 104.406(k) - Supporting documents or legal authorities
The Illinois EPA does not take issue with Petitioner's statements on this subject
.
L. Section 104.406(l) - Additional information
The Illinois EPA does not take issue with Petitioner's statements on this subject
.
III. CONCLUSION
Provided that LaFarge Midwest, Inc. addresses the issues raised in Section II (F,G) of this
Amended Recommendation, the Illinois EPA recommends that the Amended Petition for Boiler
4
Determination through Adjusted Standard Proceedings be granted
.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
James G. Richardson
Assistant Counsel
5
PROOF OF SERVICE
I state under oath that I served the attached Illinois EPA Amended Recommendation upon
the persons as follows :
Dorothy Gunn, Clerk
Jon S. Faletto
Illinois Pollution Control Board
Howard & Howard Attorneys, P.C .
100 West Randolph Street, Suite 11-500
One Technology Plaza, Suite 600
Chicago, Illinois 60601-3218
211 Fulton Street
Peoria, Illinois 61602
through the United States Postal Service by mailing said document in envelopes addressed to the
aforementioned persons from Springfield, Illinois on January 12, 2006 with sufficient postage
affixed for First Class Mail
.
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Subscribed to and sworn before me this 12th day of January, 2006
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CYNTHIA L WOLFE
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NOTARY PUBLIC, STATE OF IWNOIS
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COMMISSION EXPIRES
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7
TIlIS FILING IS SUBMITTED ON RECYCLED PAPER
