~AFT
    ~
    ILLINOIS POLLUTION CONTROL BOARD
    May
    6,
    1991
    IN THE MATTER OF:
    )
    )
    CERTAIN HAZARDOUS WASTES FROM
    )
    R 91-11
    PRIMARY ZINC SMELTING
    AND
    )
    (emergency rulemaking)
    REFINING,
    35
    Ill. Adm. Code
    )
    721.104(b) (7) (U)
    )
    ADOPTED EMERGENCY RULE.
    FINAL ORDER.
    DRAFT OPINION AND ORDER OF THE BOARD
    (J. Anderson):
    On April
    8,
    1991, Big River Zinc Corp.
    filed
    a Petition for
    Variance and Motion for Stay of the July
    1,
    1991 termination of
    35 Ill. Adm. Code 721.104(b) (7) (U).
    The Board docketed that
    proceeding as PCB 91-61.
    The background of this proceeding
    is
    set forth in detail in the Board’s May 6,
    1991 Order in PCB 91-
    61, which is incorporated by reference herein as if fully set
    forth.
    In summary, the Board finds that this situation “reasonably
    constitutes
    a threat to the public interest, safety or welfare”
    within the meaing of Section 27(c)
    of the Environmental
    Protection Act
    (Ill. Rev. State 1989 ch.
    111-1/2, par. 1027(c).
    Section 5.02 of the Administrative Procedure Act
    (Ill.
    Rev. Stat.
    1989 ch.
    127,
    par. 1005.02).
    The threat to the public interest
    in this case is that, absent emergency relief, Big River Zinc
    will be required to immediately commence expending $1.9 million
    in capital improvements to comply with an “identical in
    substance” RCRA regulation in a situation where:
    1.
    The underlying federal regulation is presently being
    challenged in federal court;
    2.
    Big River Zinc has made good faith efforts to obtain
    relief at the federal level since 1990 without success;
    3.
    Based on information currently available,
    relief from
    the state RCRA rule can be granted consistent with
    federal
    law, and
    4.
    Because of the Board’s quick adoption of
    RCRA
    rules
    pursuant to Section 7.2,
    Big River Zinc is uniquely
    placed at a competitive disadvantage, because no other
    state has as yet adopted the USEPA K066 waste rules at
    issue here.
    The Board intends this rule to be effective upon filing.
    The Board hereby amends the termination provision of
    721.104(b) (7) (U)
    as follows:
    122—29
    2
    ORDER
    Section 721.104
    Exclusions
    b)
    Solid wastes which are not hazardous wastes.
    The following solid wastes are not hazardous
    wastes:
    7)
    Solid waste from the extraction,
    beneficiation and processing of ores and
    minerals (including coal),
    including
    phosphate rock and overburden from the
    mining of uranium ore.
    For purposes of
    this subsection, beneficiation of ores
    and minerals is restricted to the
    following activities:
    crushing,
    grinding, washing,
    dissolution,
    crystallization,
    filtration, sorting,
    sizing,
    drying, sintering, pelletizing,
    briquetting, calcining to remove water
    or carbon dioxide,
    roasting, autoclaving
    or chlorination in preparation for
    leaching
    (except where the roasting or
    autoclaving or chlorination)/leaching
    sequence produces a final or
    intermediate product that does not
    undergo further beneficiation or
    processing), gravity concentration,
    magnetic separation, electrostatic
    separation,
    floatation,
    ion exchange,
    solvent extraction,
    electrowinning,
    precipitation, amalgamation, and heap,
    dump, vat tank and in situ leaching.
    For the purposes of this subsection,
    solid waste from the processing of ores
    and minerals will include only the
    following wastes:
    U)
    Until Junc 30,
    l99lthe first date
    upon which this exclusion renders
    the Board RCRA program “not
    equivalent to the Federal program,”
    within the meaning of Section
    3006(b)
    of the Resource
    Conservation and Recovery Act.
    42
    U.S.C.
    § 6926(b),
    and Section 7.2
    122—30
    3
    of the Act,
    Ill. Rev.
    Stat.
    1989
    ch. 111 1/2. par.
    1007.2, or it
    renders the Board RCRA rules “less
    stringent” than the USEPA rules, as
    this phrase
    is used in Section
    3009,
    42 U.S.C.
    §
    6929,
    process
    wastewater,
    acid plant blowdown and
    wastewater treatment plant solids
    from primary zinc smelting and
    refining, except for wastewater
    treatment plant solids which are
    hazardous by characteristic and
    which are not processed.
    IT IS SO ORDERED.
    I, Dorothy
    M. Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    do hereby certify that the above Draft Opinion and Order
    was adopted on the
    _______
    day of ______________________________
    1991, by a vote of
    __________
    Dorothy N.
    Gunn,
    Clerk
    Illinois Pollution Control Board
    122—3 1

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