1. ILLINOIS EPA RECOMMENDATION
      2. I. BACKGROUND
      3. II. SECTION 104.406 FACTORS
      4. III. CONCLUSION
      5. PROOF OF SERVICE
RECEIVED
BEFORE TIlE ILLINOIS
POLLUTION CONTROL BOARDCLEPKS OFFICE
OCT
2 ~2005
IN THE MATTER OF:
)
p~~on
Control
Board
PETITION OF LAFARGE MIDWEST, INC.
)
AS
06-001
FOR AN ADJUSTED STANDARD FROM
)
(Adjusted Standard
-
Land)
35 ILL. ADM. CODE 739.16 1
PURSUANT 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 an Appearance and Illinois
EPA Recommendation with the Illinois Pollution Control Board, a copy ofwhich is sewed upon
you.
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
C~Q$~J)
ames G. Richardson
Assistant Counsel
Dated: October 20, 2005
1021 North Grand Avenue East
P.O. Box
19276
Springfield, Illinois 62794-9276
217/782-5544
THIS FILING IS
SUBMITTED
ON
RECYCLED
PAPER
BEFORE THE
ILLINOIS POLLUTION CONTROL BOAØECEIVED
CLERK’S OFFICE
IN
THE MATTER OF:
)
OCT 24
2005
)
STATE OF ILLINOIS
PETITION OF LAFARGE
MIDWEST,
INC.
)
AS 06-001
Pollution Control Board
FOR AN ADJUSTED STANDARD FROM
)
(Adjusted Standard
—
Land)
35 ILL. ADM. CODE 739.161 PURSUANT TO
)
35 ILL. ADM. CODE 720.132 AND
720.133
)
)
)
APPEARANCE
I, James U. Richardson, hereby enter my appearance in this proceeding on behalfofthe
Illinois Environmental Protection
Agency.
Q
James U. Richardso?
Assistant Counsel
Dated:
October 20, 2005
1021
North Grand Avenue East
P.O.
Box
19276
Springfield, Illinois 62794-9276
217/782-5544
THIS FILING IS SUBMITTED ON RECYCLED PAPER
BEFORE THE
ILLINOIS POLLUTION CONTROL BOflCEPVED
t.’LERK’S OFFICE
OCT 24
2005
IN THE MATTER OF:
)
STATE OF ILLINOIS
/
Pollution
Control Board
PETITION OF LAFARGE
MIDWEST, INC.
)
FOR AN ADJUSTED STANDARD FROM
)
AS
06-001
35 ILL. ADM.
CODE
739.161 PURSUANT TO
)
(Adjusted Standard
—
Land)
35 ILL. ADM.
CODE 720.132 AND 720.133
)
)
ILLINOIS EPA RECOMMENDATION
Now comes the Illinois Environmental Protection Agency (“Illinois EPA”) by its attorney,
James G. Richardson, and pursuant to 35 Ill. Adm. Code 104.416 provides thisReconmiendation to
the Petition
for Adjusted
Standard
filed in this
cause
on
September
12,
2005.
The
Illinois EPA
recommends
that the adjusted standard be granted.
I.
BACKGROUND
LaFarge Midwest, Inc.
(“Petitioner”) owns and operates the South Chicago GrindingPlant
located
at
2150
East
130thi
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.
Inthe instant proceeding, Petitioner asks theIllinois
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.
As noted in the Petition forAdjusted Standard, the Illinois EPAdid not agree with Petitioner
when it sought confirmation in January2004 that the slag dryer could be considered a boiler pursuant
to
35111.
Adm.
Code 720.110.
Since that time, discussions and information exchanges concerning
the requirements
for a boiler determination have occurred between the Petitioner and the Illinois
EPA.
Petitioner satisfactorily addressed
questions and
comments
presented by the Illinois EPA
during this
period
and
the information used to
do
this has been incorporated
in
the Petition for
Adjusted
Standard.
This accounts for the Illinois
EPA’s brevity in considering the informational
requirements of35
III. Adm.
Code 104.406.
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
104.106(b)
—
Regulation of general applicability
The Illinois EPA does not take issue with Petitioner’s statements
on this subject.
C.
Section
104.106(c)
—
Level ofjustification
The Illinois EPA does not take issue with Petitioner’s statements
on this subject.
D.
Section
104.106(d)
—
Petitioner’s activity
The Illinois EPA does not take issue with Petitioner’s statements
on this subject.
E.
Section
104.106(e)
—
Efforts necessary to comply
The Illinois EPA does not take issue with
Petitioner’s statements
on this subject.
F.
Section
104.106(1)
—
Proposed adjusted standard
The Illinois EPA does not take issue with Petitioner’s statements on this
subject.
G.
Section
104.106(g)
—
Quantitative and qualitative
impact on the environment
The Illinois EPA does not take issue with Petitioner’s statements on this
subject.
H.
Section
104.106(h)
—
Justification of the proposed adjusted standard
The Illinois EPA does not take issue with Petitioner’s statements on this
subject.
2
I.
Section
104.106(i)
—
Consistency with federal law
The Illinois EPA does not take issue with Petitioner’s statements
on this subject.
J.
Section
104.106(j)
—
Hearing
The Illinois EPA does not take issue with Petitioner’s statements on this subject.
K.
Section
104.106(k)
—
Supporting documents or legal authorities
The Illinois EPA does not take issue with Petitioner’s statements on this subject.
L.
Section
104.106(l)
—
Additional information
The Illinois EPA does not take issue with Petitioner’s statements on this
subject.
III.
CONCLUSION
WHEREFORE
the Illinois EPA recommends that the adjusted standard be granted.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
Lfl~Q
~
O
James U. Richardson
Assistant Counsel
3
PROOF OF SERVICE
I
state under oath that I served the attached Appearance and Illinois EPA
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 October 20, 2005 with sufficient postage
affixed forFirst Class Mail.
“3
Subscribed to and sworn before me this
20th day ofOctober, 2005.
-
Notary Public
OFFICIAL
SEAL
~
BRENDA
BOEHNER
NOTARY
PUBLIC,
STATE
OF
ILLINOIS
t
:::MY
COMMISSION
EXPIRES
1i.14.20&.
THIS
FILING IS SUBMITTED ON RECYCLED PAPER

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