BEFORE THE POLLUTION CONTROL BOARD
CLERK’S
OFPICE
OF THE STATE OF ILLINOIS
MAY
2
32003
THE ENSIGN BICKFORD COMPANY,
)
Petitioner,
)
)
)
v.
)
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
)
PCB 02- 159
(Variance)
STATE OF ILLiNOIS
Pollution
Control Board
NOTICE
OF FILING
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 ofthe
Illinois Pollution Control
Board Petitioner’s Motion ofthe 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.
Roy M. Harsch, Esq.
Sheila Deely
GARDNER, CARTON & DOUGLAS
191
N. Wacker Drive,
Suite 3700
Chicago, Illinois
60606-1698
(312) 569-1000
THE ENSIGN-BICKIFORD COMPANY
By:
THIS FILING IS SUBMITTED ON RECYCLED PAPER
CLERI’S
OFFICE
BEFORE
THE POLLUTION
CONTROL
BOARD
M~Y2 ~ 2003
OF THE STATE OF ILLINOIS
STATE OF IWNOIS
THE ENSIGN BICKFORD COMPANY,
)
Pollution
Control Board
Petitioner,
)
)
v.
)
PCBO2—159
)
(Variance)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
)
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 ofsubstituting Dyno Nobel Inc. for EBCo on the Order issued
to EBCo on June 20,
2002.
Movants set forth the following in support ofthis motion:
1.
EBCo submitted a Petition for Variance to the Board on March 22, 2002.
This
petition requested
a
variance to lawfully open burn certain explosive waste, and potentially
explosive-contaminated waste, and to flash equipment containing residues ofpotentially
explosive-contaminated materials at EBCo’ s WolfLake facility in Union County.
This Petition
was submitted during the period when EBCo’s Petition for an Adjusted Standard was pending.
2.
The Board granted the variance in an
Orderdated June 20, 2002.
In that Order,
the Board found that EBCo had presented adequate proof that immediate compliance with the
Board regulations for which relief was requested would impose a hardship.
The variance expires
on June 20, 2003.
3.
Dyno Nobel Inc. has acquired certain assets ofEBCo, and it became the new
operator ofthe facility located at WolfLake, Illinois on May 2, 2003.
The transaction was a
purchase of certain assets by Dyno Nobel Inc.
4.
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 transfer ofthe EBCo environmental permits and
licenses that are required to be transferred by applicable law and regulation.
5.
Dyno Nobel Inc.
is part ofa global family ofentities 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.
6.
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.
7.
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
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
8.
The WolfLake operational assets that were purchased from EBCo will become
part of Dyno Nobel Inc.’s Initiation Systems Business Unit.
For the period immediately after
Closing, Dyno Nobel Inc. intends to
operate the WolfLake facility in substantially the same
maimer as it has been operated by EBCo.
Because the acquisition has just been completed, no
plans have been developed or discussed for changing or increasing the manufacturing operations
at the WolfLake facility (federal antitrust laws prevented
the discussion or review ofa number
ofcritical factors until after Closing).
Ifsuch plans 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 Wolf Lake 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 WolfLake facility.
9.
Dyno Nobel has retained Todd Buchanan as the Environmental, Health and Safety
Manager forthe WolfLake facility.
Mr. Buchanan previouslyheld this position with EBCo.
10.
The relevantfactors required to justify the valiance have not changed.
The
relevant factors
did not involve the identity ofthe party open burning, but rather the nature of the
facility operations and the resulting waste.
11.
As noted in the Board’s Order denying EBCo’s Motion to Transfer Variance, the
Board has granted the relief requested by EBCo and Dyno Nobel Inc. in similar circumstances.
See,
e.g.,
In re Petition ofCommonwealth Edison Companyfor
an Adjusted Standardfrom 35111.
Adm. Code 302.211(d) and (e),
AS 96-10 (Mar.
16, 2000).
12.
EBCo has notified the Illinois EPA ofthe proposed transfer ofthe variance, and
Illinois EPA
concurs that the June 20, 2002
Order should be
amended to identify Dyno Nobel
3
Inc., the new operator ofthe Wolf Lake 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.
Respectfully submitted,
THE ENSIGN-BICKFORD COMPANY
Th.c~L4~L/~
By:
On(~f
Its Attorneys
/
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.
By:
One of
ts Attorne
____
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
CHO2/22241 108.1
4
BEFORE THE POLLUTION CONTROL BOARD
OF
TUE STATE
OF
ILLINOIS
THE ENSIGN-BICKFORD COMPANY,
)
Petitioner,
)
)
v.
)
PCBO2—159
(Variance)
iLLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
)
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 Manager ofEnvironmental Affairs, and
have been in this position for eight (8) years.
In this position, my duties include managing,
planning and directing all aspects ofthe company’s activities in North America concerning
environmental compliance, management systems and engineering.
Dyno
Nobel Inc.’s North
American operations include multiple sites throughouttheUnited States and
Canada
which are
used for manufacturing, distribution and storage.
3.
I make this Affidavitbased
on personal knowledge and in support ofthe Motion
of The Ensign-Bickford Company and Dyno Nobel Inc. to
Reopen
Docket and
Substitute
Dyno
Nobel Inc. as theNamed Party on the Order, submitted before the Pollution Control Board ofthe
State ofIllinois (PCB
02-159,
Variance).
4.
On
May 2, 2003, DynoNobel Inc. acquired certain assets ofThe Ensign-Bickford
Company
(“EBCo”).
OnMay 2, 2003, Dyno Nobel Inc. became the new operator ofthe former
EBCo facility located atWolfLake, illinois on May2, 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 ofcompleting the transfer ofthe EBCo environmental permits and
licenses that are requiredto be transferredby applicable law and
regulation.
6.
Dyno Nobel Inc. is partof 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, headquarteredin 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.
IJyno 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 hazardous waste.
management.
8.
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
whole, require a rigorous Environmental, Health and Safety management system.
Over the
years, Dyno Nobel Inc.
has substantiallydecreased the amount ofwaste generated atits facilities.
2
9.
The WolfLake operational assets that were purchased from EBCo willbecome
part ofDyno Nobel Inc.’s Initiation Systems Business Unit.
Fortheperiod immediately after
Closing, Dyno Nobel Inc.
intends to operate the WolfLake facility in substantiallythe same
manner as it has beenoperated by EBCo.
Because the acquisition has just been completed, no
plans have been developed or discussed for changing or increasing the manufacturing operations
at the WolfLake facility (federal antitrust lawsprevented the discussion or review ofa number
ofcritical factors until after Closing).
Ifsuch plans 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 treatedby the open burning unit atissue in this
matter, nor does Dyno Nobel Inc. have any intention to bring waste to the WolfLake facility
from any otherDyno Nobel Inc. facilities either in fllinois or in other states.
In fact, just as Dyno
Nobel Inc. has done at its otherNorth American facilities, it will be actively looking formethods
to reduce the amount ofexplosive waste generated atthe WolfLake
facility.
10.
Dyno Nobel has retained Todd Buchanan as the Environmental, Health and Safety
Manager forthe WolfLake facility.
Mr. Buchanan previouslyheld this position with
EBCo.
11.
Further, the Affiant sayeth not.
I
Neal Olsen
Subscribed and sworn to before me
this ~,~dayof May, 2003.
~
Notary
Public
Notary Public
~o.Il
~
County,
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~
~
Cm~st
10.2005
11th
Floor
Co~art~~
Towmr~
SLC
ur
54144
My Commission Expires:
~
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2.oo
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3
CERTIFICATE OF SERVICE
I
hereby certify that true copies ofthe foregoing
Notice of Filing 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 May23,
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
CHOI/12291207.1