BEFORE THE

ILLINOIS POLLUTION CONTROL BOAR~~~~

IN THE MATTER OF:

)

SEP

30

2005

PETITION OF

LAFARGE MIDWEST, INC.

)

AS 06-001

STATE OF ILLINOIS

FOR AN ADJUSTED STANDARD

)

(Adjusted Standard

~

Control Board

FROM

35

III. Adm.

Code 739.161

)

PURSUANT TO 35

Ill. Adm.

Code

720.132

and

)

720.133.

)

NOTICE OF FILING

NOW

COMES.

the

Petitioner,

LAFARGE

MIDWEST,

INC.,

by

and

through

its

attorneys,

Howard

&

Howard

Attorneys

PC,

and

provides

PROOF

OF

PUBLICATION

in

accordance with

the requirements of Section

104.4 10

of the Pollution

Control Board

regulations

(35

Ill.

Admin.

Code

104.410) and

in

accordance with

Section

104.408

of the Pollution Control

Board regulations (35 Ill.

Admin. Code

104.408):

TO:

Illinois Pollution Control Board

Attn:

Dorothy M. Gunn, Clerk

100 West Randolph Street

James R.

Thompson Center, Suite

11-500

Chicago, IL

60601-3218

Division of Legal

Counsel

Illinois Environmental Protection Agency

1021

North Grand Avenue East, P. 0.

Box

19276

Springfield,

IL

62794-9276

PLEASE TAKE NOTICE that on this

day,

the

26th

day of September,

2005,

I caused

to

be

filed

with

the

Office

of the

Clerk

of the

Illinois

Pollution

Control Board

the

PROOF

OF

PUBLICATION, a copy of which is herewith served on you.

Respectfully submitted,

J

S. F let~,~s

Attorney for

ner Laf~rge

Midwest, Inc.

Jon S. Faletto

Howard

&

Howard Attorneys, P.C.

One Technology

Plaza, Suite 600

211

Fulton Street

Peoria, IL

61602

(309) 672-1483

G:’J.L\Lafarge\South Chicago\PCB

Filings\Notice_FiIingyroo~PubIication_9.26-O5.doc

THIS FILING

SUBMITTED ON RECYCLED PAPER

---

RECEIVED

BEFORE THE ILLINOIS POLLUTION

CONTROL BOARD CLERK’S

OFFICE

SEP

30

2005

IN

THE MATTER OF:

)

STATE OF ILLINOIS

PETITION

OF LAFARGE

MIDWEST,

INC.

)

AS

06— 001

Pollution Control Board

FOR AN ADJUSTED STANDARD

)

(Adjusted Standard -Land)

FROM

35

Ill. Adm.

Code

739.161

PURSUANT TO 35

Ill. Adm.

Code 720.132 and

)

720.133.

)

PROOF OF PUBLICATION

NOW

COMES

the

Petitioner,

LAFARGE

MIDWEST,

INC.,

by

and

through

its

attorneys,

Howard

&

Howard

Attorneys

PC,

and

provides

PROOF

OF

PUBLICATION

in

accordance

with

the requirements

of Section

104.4 10

of the regulations of the

Illinois

Pollution

Control

Board

(hereafter “Board”).

In support

of its

PROOF

OF

PUBLICATION,

Petitioner

states as follows:

In accordance with

Section

104.408

(35

Ill.

Admin.

Code

104.408), Petitioner caused to

be published a Notice of the filing

of the petition

in

this

cause

by

advertisement

in a newspaper

of general

circulation

in

the

area likely

to

be

affected

by

the

Petitioner’s

activity

that

is

the

subject of this

adjusted standard proceeding.

The Notice was published

in

the

Daily Southtown

on September

15, 2005, which publication date occurred within fourteen(14) days after the filing

of the Petition in this cause.

The

Daily Southtown

is

a newspaper published

daily

in

the

Counties of Cook

and

Will

and

is

of general

circulation

throughout

those

counties

which

encompasses

the

location

of

Petitioner’s

South

Chicago Slag

Drying Plant.

The

South Chicago

Slag Drying

Plant is

located

at the common

address of 2150

East

130th

Street, Cook

County,

Chicago,

Illinois.

Petitioner

is

seeking

an

Adjusted

Standard

from

the used oil

management

standards of 35

Ill.

Admin

Code

Section 739.161

so that off-specification used oil

may be

used as fuel

in the slag

dryer operated

at the South Chicago Slag Drying Plant.

In accordance with Section

104.410 (35 Ill. Admin. Code

104.410), Petitioner is filing the

original

publisher’s

Certificate of Publication received

from Midwest Suburban Publishers,

Inc.,

certifying publication of the Notice

in the

Daily Southtown

on the date and in

the form-stated--in

the

Certificate

of

Publication.

The

original

Certificate

of

Publication

is

attached

hereto

as

Exhibit A.

Respectfully submitted,

LAFARGE MIDWEST, INC., Petitioner

Jon (F9)etto,’~ttorneyfor

Petitioner Lafarg~

Midwest,

Inc.

THIS FILING

SUBMITTED ON RECYCLED PAPER

---

Jon S. Faletto

Howard & Howard Attorneys, P.C.

One Technology Plaza, Suite 600

211

Fulton Street

Peoria, IL

61602

(309) 672-1483

THIS FILING SUBMITTED ON RECYCLED PAPER

---

CERTIFICATE OF SERVICE

I,

Jon

S.

Faletto,

an

attorney,

hereby

certi&

that

I

have

served

the

attached

Proof of

Publication

upon

the

person

or

agency

to

whom

it

is

directed,

by

placing

it

in

an

envelope

addressed to:

Illinois Pollution Control Board

Attn:

Dorothy M. Gunn,

Clerk

100 West Randolph Street

James

R. Thompson Center, Suite

11-500

Chicago,

IL

60601-3218

Division of Legal Counsel

Illinois Environmental Protection Agency

1021

North Grand Avenue East

P.O. Box

19276

Springfield,

IL

62794-9276

and mailing it via First Class U.S.

Mail from

Peoria, Illinois,

on this

26th

day of September,

2005,

with sufficient postage affixed thereto.

Jo

S.

e

,

Attorney for

Peti ioner L

arge Midwest,

Inc.

Jon S. Faletto

Howard & Howard Attorneys, P.C.

One Technology Plaza, Suite 600

211

Fulton Street

Peoria, IL

61602

(309) 672-1483

G:’J-L\Lafarge\South Chicago\PCB FiIings\Proof_PubIication_9-26~O5

.doc

THIS FILING SUBMITTED

ON RECYCLED PAPER

---

CERTIFICATE

OF PUBLICATION

MIDWEST SUBURBAN PUBLISHERS, INC.

The

undersigned

corporation

does

hereby

certify

that

it

is

the

publisher

of

the

DAILY

SOUTHTOWN

that

said

DAILY

SOUTHTOWN

is

a

secular

newspaper

that

has

been

published

daily

in

the

County

of

Cook

and

Will

and

State

of Illinois, continuously

for more than

one year prior

to

the

first

publication

of the

notice

appended,

and

is

of

general circulation

throughout the

said

Counties

and State

and that

-it

is

a newspaper

as defined

in

“An

Act to Revise

The

Law

in

Relation

to

Notices”.

As

amended

by

an

Act

approved

July

17,

1959

-

Illinois

Complied

Statutes,

Chapter 715

(ILCS

5/0.01

etseq.)

That

the

notice

appended

was

published

in

the

DAILY

SOUTHTOWN, INC., on

SEPTEMBER 15, 2005

IN

WITNESS

WHEREOF,

The

DAILY

SOUTHTOWN,

INC.,

has

caused

this

certificate

to

be

signed

and

its

corporate

seal

affixed

hereto

at Tinley

Park,

Illinois,

this

15Th

Day of SEPT.,

A. D.,

2005.

Counties of Cook & Will

State of Illinois

Subscribed

and sworn

en

route

before me this

16TH

Day of

SEPT.,

Authorized Agent

AL SE AL’

Notary

L.

Conrad

1

Public, State

ofIllinois

~2,2C08

Notice

of

Petition

by tafsrge

Midwest.

hit,

for an A~ust-

ad

Standard

before

the

Ill-

nsa

Pofution

Control

Board

TAKE

NOTICE

that

Laferge

M~weet,

Inc.,

has tied a

Ve.

talon

for

an

Mjustad

Stand’

erd before

the

Illinois

Pollu-

tion Control

Board.

Date

Flied:

The Petftion

for

an

A4uated

Standard

was

fled

yAth

the

Pollution Control

Board

on

September

12,

2005,

vIa

U.S.

Mall

in

accord-

tIcs

with

35

III.

Admin.

Code

SectIon 101.302(c).

Board

Docket

Numben

The

Board

baa

assigned

Docket

Number AS 06-001

to

thu

proceedng.

Regulatory

Standard:

Laferge Itidwest,

Inc.,

athe

Petitioner In

thie

proceeding.

a requesting an Adjusted

Standard

f rain the

require-

ments

of

3511.

Admit’

Code

Section 739.161 (LInac-

cordance v.4th the provisions

of35

Ill. Admin.

Code Sic’

bone 720.132 end

120.135

which expreesly

provide tot a

case-by-case determination

that

cads1,~

endoeed devices

using

controlled

Dame

Qaifl~

bue*n

are bolert

Propoead

Adjueted

Stand.

aid:

Lstarge

M~weet, Inc.

seeM

a

determination

front

the

Pofutton

Control

Board

that

its

slag

dryer

may

be

considered a

bolier

by dealt

na0oneathattennd~

Ifl 35

Ill. Admtn. Code Section

720.110.

.0

that

ott-

,epeclficstton

used

cli

may

be

med

as fuel

in

the slag

dryer

wi

accordance

tent,

35

III.

Adn,In.

Code

Sedlon

739.161(5).

General beeosdon

at

Ps-

thames

AntIS

petmon.

a,

t.afarge

Midwest,

Inc.

owns and operates the South

Chicago

Slag

Grindaig

Plant

which ptod~oeaslag cement

by drying and

grindng grenti.

Med

blast fumac. slag bce.

merit

tIniness.

‘The

Eying

process

utilizes a dked-fiIed

proceSs

heater

to reduce

the

moisture

content of the blast

furnace slag so

that the slag

can

be

ground

Into

a

fine

powder

and

proceesed

into

cetnent.

A aigratcant

amount

of

fuel

is

tabbed

In operate

the

slag

drying

system

Through this Abated

Stand’

aid

proceedino.

WarDs

seeks

approval fo

uftlze

oil.

wedtallon used

oil U

pl.n*ntsl

fus’ki

the drytig

process.

The U.

S.

Environ-

mental

Prote000n

Agency

has

—

—

and

approved

the use

of used

01

basis

since

Congreea passed

the

Used 01 Recydtng Ad

in

1960.

BurnIng twed olsen,

accepted

and

proven

means

of

energy

recovery

In

Illinois

throughout

the

United

LocalS,

of Psaltiemers

FaH

duty:

The

Petitioners South

Chicago

Slag Grlneg

Pled

Is located

altec

conirtlort ad-

dress

of

2150

East

130th I

Street,

Cook

County,

Chica-~

go~Illinois.

The

facility

Is lo-

cated a4acent to

the Calum-

at

Ativer

just

south

of t.aks

Cabinet.

Pubilo

Neerlrtg

Request.

Any

person

may

oaiiae

a

gubtc hearing

In be

held

In

(he sbove.descrtied

abated

standard procaednq

shearing request wet

n&

~of~n

~

wIthin

21

days after the date

of the

publication of this

no.

tide.

‘The

beiJing

request

ahould

dearly

IndOSIC

the

docket

number

for

the

abat-

ed

etanderd

proceedblg.

as

found

fri this notice, and must

be mined to the Clerk of the

Board,

tilinols

Podutlon

Con-

trol Board. 100

W. Randh

Street,

Sute

11.500,

Chica-

go,

lIrinola

60601.

1290.01

Notary Public