BEFORE THE POLLUTION CONTROL BOA~
OF THE STATE OF ILLINOIS
CLER~s
ôi~rrc~
M~y
2 ~
IN THE MATTER OF:
Petition ofTHE ENSIGN BICKFORD
COMPANY for an
Adjusted Standard from
35
Iii. Adm.
Code 237.103
NOTICE
OF FILING
STATE OF ILLINOIS
Pollution Control Board
Ms.
Dorothy Gunn
Clerk
—
Illinois Pollution
Control Board
100 W.
Randolph Street
Suite 11-100
Chicago, IL
60601
Rachel Doctors
Assistant Counsel
Illinois Environmental Protection Agency
Division of Legal Counsel
1021
North Grand Avenue East
P.O.
Box 19276
Springfield,
IL
62794-9276
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100
West Randolph Street
Suite 11-500
Chicago, IL
60601
PLEASE TAKE NOTICE
that we filed on Friday, May 23, 2003 with the Clerk of the
Illinois Pollution Control Board
Petitioner’s Motion of The Ensign Bickford Company and
Dyno Nobel Inc. to Reopen Docket and Substitute Dyno Nobel Inc. As The Named Party
On The Order, a
copy ofwhich is
hereby served upon you.
THE ENSIGN-BICKFORD COMPANY,
Roy M. Harsch, Esq.
Sheila Deely
GARDNER, CARTON & DOUGLAS
191 N. Wacker Drive
-
Suite 3700
Chicago, IL
60606
(312) 569-1000
By:
~1JeOfTh
~
eir Attorneys
)
)
)
)
)
)
AS 00-5
(Adjusted Standard)
THIS FILING IS SUBMITTED ON RECYCLED PAPER
BEFORE THE POLLUTION CONTROL BOAR11REC~/~D
OF TIlE STATE OF ILLiNOIS
CLERK’S
OFFICE
MAY
2 82003
IN THE MATTER OF:
)
STATE OF ILLINOIS
)
Pollution
Control Board
Petition ofTHE ENSIGN-
)
AS
00-5
BICKFORD COMPANY for an
)
(Adjusted Standard)
Adjusted Standard from 35
Ill. Adm.)
Code 237.103
)
MOTION OF THE
ENSIGN BICKFORD
COMPANY AND
DYNO NOBEL INC.
TO
REOPEN DOCKET AND
SUBSTITUTE
DYNO NOBEL INC. AS
THE NAMED PARTY
ON
THE
ORDER
The Ensign-Bickford Company (“EBCo”) and Dyno Nobel Inc. (collectively “Movants”)
by and through their undersigned counsel, hereby move the Illinois Pollution Control Board to
reopen the docket for the purposes of substituting Dyno Nobel Inc. forEBCo on the Order issued
to
EBCo on March 20, 2003.
Movants set forth the following in support ofthis motion:
1.
EBCo
submitted an adjusted standard petition to the Board on September 23,
199.9.
This petition requested an adjusted standard to lawfully open burn certain explosive
waste, and potentially explosive-contaminated waste, and to flash equipment containing residues
of potentially explosive-contaminated materials at EBCo’s Wolf Lake facility in Union County.
2.
The Board granted the adjusted standard in
an Order dated March 26, 2003.
In
that Order, the Board found that EBCo had shown factors relating to the site are substantially and
significantly different from those factors relied upon by the Board in adopting the prohibition on
open burning.
3.
In light of the above, the Board found that EBCo had presented adequate proofof
justification for the requested adjusted standard as set forth in Section
28.1
ofthe Illinois
Environmental Protection Act and for alternate standards under the Clean Air Act.
4.
Dyno Nobel Inc. has acquired certain assets of EBCo, and it became the new
operator ofthe facility located at WolfLake, Illinois on May 2, 2003.
5.
The transaction was not a merger, as may have been previously represented in
EBCo’s various filings and in the hearing testimony in this matter.
The transaction was a
purchase of certain assets by Dyno Nobel
Inc.
6.
Dyno Nobel Inc. has agreed to assume and be responsible for the obligations and
liabilities arising from the operation ofthe Wolf Lake facility from and after May 2, 2003.
Dyno
Nobel Inc.
is in the process of completing the transfer of the EBCo environmental permits and
licenses that are required to be transferred by applicable law and
regulation.
7.
Dyno Nobel Inc. is part of a global family of entities manufacturing and
distributing commercial explosives (“the Dyno Nobel Entities”) used for applications such as
quarrying, mining,
construction and seismology.
Dyno Nobel Inc. is a subsidiary ofDyno Nobel
Holding AS, headquartered in Oslo, Norway.
The Dyno Nobel Entities have operations in 33
countries worldwide with over 5000 employees.
8.
Dyno Nobel Inc.
is a Delaware corporation with its headquarters located in Salt
Lake City, Utah.
Dyno Nobel Inc. currently operates fourteen manufacturing facilities and thirty
distribution facilities in the United States and Canada.
Each of these manufacturing facilities
deals
with environmental management issues such as air quality and hazardous waste
management.
9.
Consistent with world-wide company policy, Dyno Nobel Inc. has implemented
environmental, health, and safety programs in an effort to
be recognized as a global explosives-
company leader.
These programs
make use ofan
industry-specific Det Norske Veritas Rating
System, cultural
surveys, technical audits, and physical condition inspections that taken as a
2
whole, require a rigorous Environmental, Health and Safety management system.
Over the
years, Dyno Nobel Inc. has substantially decreased the amount of waste generated at its facilities.
10.
The WolfLake operational assets that were purchased from EBCo will become
part ofDyno Nobel Inc.’s Initiation Systems Business Unit.
For the period immediately after
Closing, Dyno Nobel Inc. intends to operate the Wolf Lake facility in substantially the same
manner as it has been operated by EBCo.
Because the acquisition hasjust been completed, no
plans
have been developed or discussed for changing or increasing the manufacturing operations
at the Wolf Lake facility (federal antitrust laws prevented the discussion or review ofa number
ofcritical factors until after Closing).
Ifsuchplans are developed in the future, Dyno Nobel Inc.
will ensure that all proper environmental permitting is in place.
Furthermore, Dyno Nobel Inc.
has no plans to increase the amount ofwaste
treated by the open burning unit at issue in this
matter, nor does Dyno Nobel Inc. have any intention to bring waste to the WolfLake facility
from any other Dyno Nobel Inc.
facilities either in Illinois or in other states.
In fact,just as Dyno
Nobel
Inc. has done at its other North American facilities, it will be
actively looking for methods
to reduce the amount of explosive waste generated at the Wolf Lake facility.
11.
Dyno Nobel has retained Todd Buchanan as the Environmental, Health and Safety
Manager for the WolfLake facility.
Mr. Buchanan previouslyheld this position with EBCo.
12.
The relevantfactors required to justify the adjusted standard have not changed.
The relevant factors did not involve the identity ofthe party open burning, but rather the nature
ofthe facility operations and the resulting waste.
13.
As noted in the Board’s Order denying EBCo’s Motion to Transfer Variance in
the related variance proceeding (PCB 02-159), the Board has granted the relief requested by
EBCo and Dyno Nobel
Inc. in similar circumstances.
See,
e.g., In re Petition of Commonwealth
3
Edison Companyfor
an Adjusted Standardfrom 35111. Adm. Code 302.211(d) and
(e),
AS
96-10
(Mar.
16,
2000).
14.
EBCo has notified the Illinois EPA ofthe proposed transfer ofthe Adjusted
Standard, and Illinois EPA concurs that the March
15,
2003 Order should be amended to identify
Dyno Nobel Inc., the new operator ofthe WolfLake facility, as the named party on the Order in
lieu of EBCo.
WHEREFORE, EBCo
and Dyno Nobel Inc. move to reopen docket and substitute Dyno
Nobel Inc.
as the named party on the Order.
4
Respectfully submitted,
THE ENSIGN-BICKFORD COMPANY
~
~
By:
O~)of
Its Attorneys
7
Roy M. Harsch, Esq.
Sheila H. Deely, Esq.
GARDNER, CARTON & DOUGLAS
191 N. Wacker Drive, Suite 3700
Chicago, Illinois 60606-1698
(312) 569-1000
DYNO NOBEL INC.
(3L~t~~
i~A~~
By:
One offis Attorneys
L__)
Christopher W. Zibart
FOLEY &
LARDNER
321
North Clark Street
Suite 2100
Chicago, IL 60610-4714
(312) 832-4500
Linda E. Benfield
FOLEY & LARDNER
777 East Wisconsin Avenue
Milwaukee, WI
53202
(414) 297-5825
CHO2/22239 117.1
5
BEFORE
THE
POLLUTION CONTROL BOARD
OF
TIlE
STATE OF ILLINOIS
iN THE MATTER OF:
).
)
Petition ofTEE ENSIGN-
)
AS 00-5
BICKFORD COMPANY for an
)
(Adjusted Standard)
Adjusted Standard from 35 Ill. Adm.)
Code 237.103
)
AFFIDAVIT OF NEAL OLSEN
STATE OF UTAH
)
)
ss.
COUNTY OF SALT LAKE)
Neal Olsen, being first duly sworn according to law, states as follows:
1.
I am an adult resident ofthe state ofUtah and reside at 2758 West South Pointe
Road in South Jordan, Utah.
2.
I am employed by Dyno Nobel Inc. as the ManagerofEnvironmental Affairs, and
have been in this position for eight (8) years.
Inthis position, my duties include managing,
planning and directing all aspects of the company’s activities in North America concerning
environmental compliance, management systems
and engineering.
Dyno Nobel Inc.’s North
American operations include multiple sites throughout the United States and Canada which are
used for manufacturing, distribution and storage.
3.
I make this Affidavit based on personal knowledge and in
support ofthe Motion
ofThe Ensign-Bickford Company and Dyno Nobel Jnc. to Reopen Docket and Substitute Dyno
Nobel Inc. as the Named Party on the Order,
submitted before the Pollution Control Board ofthe
State ofIllinois
(AS
00-5,
Adjusted Standard).
4.
OnMay 2, 2003, Dyno Nobel Inc. acquired certain assets ofThe Ensign-Bickford
Company (“EBCo”).
On May 2, 2003, Dyno Nobel Inc. becamethe new operator ofthe former
EBCo facility located at WolfLake, Illinois on May 2, 2003.
5.
Dyno Nobel Inc. has agreed to assume and be responsible forthe obligations and
liabilities arising from the operation ofthe WolfLake facility from and after May 2, 2003.
Dyno
Nobel Inc. is in the process of completing the transferofthe EBCo environmental permits and
licenses that are required to be transferred by applicab1e~law::and-regulation.
6.
Dyno Nobel Inc. is part ofa global family ofentities manufacturing and
distributing commercial explosives (“theDyno Nobel Entities”) usedfor applications such as
quarrying, mining, construction and seismology.
Dyno Nobel Inc. is a subsidiary ofDyno Nobel
Holding AS, headquartered in Oslo, Norway.
The Dyno Nobel Entities have operations in 33
countries worldwide with over 5000 employees.
7.
Dyno Nobel Inc. is
a Delaware corporation with its headquarters located in Salt
Lake City, Utah.
Dyno Nobel Inc. currently operates fourteen (14) manufacturing facilities and
thirty (30) distribution facilities in the United States and Canada.
Each ofthese manufacturing
facilities deals with environmental management issues such as air quality and hazardouswaste
management.
8.
Consistent with world-wide companypolicy, Dyno Nobel Inc. has implemented
environmental, health, and safety programs in an effort to be recognized as a global
explosives-
company leader.
These programs make use ofan industry-specificDet Norske Veritas Rating
System,
cultural surveys, technical audits,
and physical condition inspections that taken as a
whole, require a rigorous Environmental, Health and Safety management system.
Over the
years, Dyno Nobel Inc. has substantially decreased the amount ofwaste
generated at its facilities.
2
9.
TheWolfLake operational assets that were purchased from EBCo will become
part ofDyno Nobel Inc.’s Initiation Systems Business Unit.
Forthe period immediately after
Closing, Dyno Nobel Inc.
intends to operate the WolfLake facility in substantiallythe same
manner as it has been operated by EBCo.
Because the acquisition hasjust beencompleted, no
plans have been developed or discussedfor changing or increasing the manufacturing operations
at the Wolf Lake facility (federal antitrust laws prevented the discussion or review of a number
ofcritical factors until after Closing).
Ifsuch plans’ aredeveloped in the future, Dyno Nobel Inc.
will ensure that
all proper environmental pennitting is in place.
Furthermore, Dyno Nobel Inc.
has no plans to increase the amount ofwaste treatedby the open burning unit atissue in this
matter, nor does Dyno Nobel Inc. have any intention to bring waste to theWolfLake facility
from any other Dyno Nobel Inc.
facilities either in Illinois or in other states.
In fact,just as Dyno
Nobel Inc. has done at its otherNorth American facilities, it will be actively looking for methods
to reduce the amount ofexplosive waste generated atthe WolfLake facility.
10.
Dyno Nobel has retained Todd Buchanan as the Environmental, Health and Safety
Manager for the WolfLake facility.
Mr. Buchanan previouslyheld this position with EBCo.
11.
Further,
the Affiant sayeth not.
Neal Olsen
Subscribed and sworn to beforeme
A
I
this ~..day of May, 2003.
Notary Public
ScJ~
kk~
County,
5oA~i~J~
C~.
N
My Commission Expires:
(9c
i
~
11th
Flo
T~j~
3
CERTIFICATE OF SERVICE
I hereby certif~’
that true copies ofthe foregoing Notice
ofFiling and the Motion of The
Ensign Bickford Company and Dyno Nobel Inc. to Reopen Docket and
Substitute Dyno
Nobel Inc. As The Named Party On The Order,
were served upon the parties on May 23,
2003.
Via Facsimile and
First Class Mail
Rachel Doctors
Assistant Counsel
Illinois Environmental Protection Agency
Division of legal Counsel
1021 North Grand Avenue East
P.O. Box
19276
Springfield, IL
62794-9276
Via First Class Mail
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
-
Suite 11-500
Chicago, IL
60601
It is hereby certified that a true copy ofthe foregoing order was hand delivered to the
following on May 23, 2003:
Dorothy M.
Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL
60601