ILLINOIS POLLUTION CONTROL BOARD

May 23,

1991

IN THE MATTER OF:

)

CERTAIN HAZARDOUS WASTES FROM

)

R91-11

PRIMARY ZINC SMELTING

AND

)

(Emergency Rulemaking)

REFINING,

35 Iii.

Adm. Code

)

721.104(b) (7) (U)

)

ORDER OF THE BOARD

(by J. Anderson):

This matter is before the Board on the May 20,

1991 Motion

for Extension of Time,

filed by the Agency, and the May 21,

1991

request of Big River Zinc Corp.

for Board delay in further

action.

The Agency states that the unavailability of certain key

personnel, the shortened time required by the Board for response,

and other unavoidable elements of delay make it impossible for

the Agency to respond before May 22,

1991,

by FAX,

or May 23,

1991,

by mail.

Big River Zinc states that it anticipates comment

from USEPA headquarters

in Washington,

D.C., that would clarify

the comments submitted by USEPA Region

5 and the status of the

K066 hazardous waste listing in light of the remand in American

Mining Congress v.

EPA,

907 F.2d 1179

(D.D.C.

1990).

The Board acknowledges the receipt of the agency response,

and hereby grants the Agency-requested extension to file its

response to the Board Order of May 14,

1991.

In the interest of

obtaining USEPA comment, the Board will delay action on the

emergency rule until Big River Zinc or the Agency comes before

the Board with a motion for further action.

Nevertheless,

in the

absence of such a motion, the Board will proceed to take action

in this matter no later than Thursday, June 20,

1991.

IT IS SO ORDERED.

I, Dorothy M.

Gunn,

Clerk of the Illinois Pollution Control

Board

do hereby certify that the above Order was adopte~ç1on the

day of

~

~

,

1991,

by a vote of

~

Dorothy M.//Gunn, Clerk

Illinois i~6llutionControl Board

122—355