ILLINOIS POLLUTION CONTROL BOARD

October 20, 2005

IN THE MATTER OF:

PETITION OF LAFARGE MIDWEST, INC.

FOR AN ADJUSTED STANDARD FROM

35 ILL. ADM. CODE 739.161.

)

AS 06-1

(Adjusted Standard - Land)

ORDER OF THE BOARD (by J.P. Novak):

In today’s order, the Board directs the petitioner to provide additional information in

support of its request for an adjusted standard.

On September 12, 2005, petitioner Lafarge Midwest, Inc. (Lafarge) filed a petition (Pet.)

seeking an adjusted standard from 35 Ill. Adm. Code 739.161, the Board’s waste disposal

regulations restricting the burning of off-specification used oil for energy recovery. Lafarge has

waived its right to a hearing on the petition. Pet. at 31;

see

35 Ill. Adm. Code 104.422(a)(1)

(requiring hearing when petitioner requests that one be held). The Illinois Environmental

Protection Agency (Agency) has not yet filed its recommendation regarding the petition.

See

Ill. Adm. Code 104.416(a) (requiring filing of recommendation within 45 days after filing of

petition).

Lafarge owns and operates the South Chicago Slag Grinding Plant (“plant”), which is

located at 2150 East 130th Street, Chicago, Cook County. Pet. at 1-2. In 2001 and 2002,

Lafarge developed the plant on existing Lafarge property that had been used since approximately

1987 as a terminal for storage and distribution of cement products. Pet. at 2. Lafarge

characterizes the vicinity of the plant as “heavily industrialized.”

The plant principally produces a slag cement product marketed under the trade name

“NewCem.” Pet. at 3, 8. For that production, Lafarge first obtains blast furnace slag from Ispat-

Inland, Inc., which generates slag at its integrated steel facility in East Chicago, Indiana.

. A

blast furnace generates molten slag in the process of producing iron from iron ore. Pet. at 3.

Molten slag is removed separately from the furnace and forms granules or pellets when quenched

with water.

Lafarge reports that pelletized slag is delivered to it with moisture content of 10-12%.

Pet. at 8. The slag first moves through Lafarge’s grinding operation for magnetic removal of

metallic compounds before it enters the drying system.

. “The slag dryer functions as a direct-

fired process heater to reduce the moisture content of the blast furnace slag so that the slag can

be ground into a fine powder and processed into slag cement.”

. Lafarge states that slag

cement such as its NewCem product can replace a portion of the cement in a concrete mix. Pet.

at 3.

In its petition, Lafarge proposes to use off-specification used oil as fuel in its slag drying

process. Lafarge notes that Board regulations limit the burning of off-specification used oil to

specified devices including “boilers.” Pet. at 5; 35 Ill. Adm. Code 739.161(a)(2). Lafarge also

notes, however, that the Board has adopted procedures and standards through which it may

determine that a certain device is a “boiler” for the purpose of burning off-specification used oil

even if it does not meet the definition of “boiler” in the Board’s general hazardous waste

management regulations. Pet. at 5-6; 35 Ill. Adm. Code 104.400-104.428 (Adjusted Standards);

35 Ill. Adm. Code 720.110 (defining terms including “boiler by designation”); 35 Ill. Adm. Code

720.132 (“Boiler Determinations”); 35 Ill. Adm. Code 720.133 (requiring use of adjusted

standard procedures). Accordingly, Lafarge requests that the Board determine that its slag dryer

satisfies the criteria for boiler designations so that it may use off-specification used oil. Pet. at

32-33;

see

35 Ill. Adm. Code 720.132; 35 Ill. Adm. Code 739.161 (restricting burning of used

oil).

The Environmental Protection Act (Act) and the Board’s procedural rules require

publication of notice of a petition for an adjusted standard in a newspaper of general circulation

in the area likely to be affected by the petitioner’s activity. 415 ILCS 5/28.1 (2004); 35 Ill. Adm.

Code 104.408(a). The notice must be published within 14 days of filing a petition for an

adjusted standard with the Board. 35 Ill. Adm. Code 104.408(a). Lafarge on September 30,

2005 timely filed with the Board a certificate stating that the

Daily Southtown

published notice

of the petition on September 15, 2005.

See

35 Ill. Adm. Code 104.410 (requiring filing of

certificate within 30 days after filing of petition). No party requested a hearing in this matter

within 21 days after publication of notice of the petition.

See

35 Ill. Adm. Code 104.422(a)(2).

The Board finds that Lafarge’s petition has not fully satisfied informational requirements

contained in the Board’s rules. 35 Ill. Adm. Code 104.406. Specifically, the petition fails to

provide the following information:

1. Under 35 Ill. Adm. Code 104.406(a), Lafarge requests an adjusted standard from

35 Ill. Adm. Code 739.161(a). Pet. at 6. Section 739.161(a)(2)(A) allows the use

of off-specification used oil for energy recovery in industrial boilers located on

the site of a facility engaged in a manufacturing process where substances are

transformed into new products. In providing a narrative description of its

proposed adjusted standard, however, Lafarge apparently seeks a boiler

determination allowing its slag dryer to burn off-specification used oil. Pet. at 11

(referring to “boiler by designation”). The Board requests that Lafarge clarify

that it seeks a boiler determination through 35 Ill. Adm. Code 720.132 and

720.133 and does not seek an adjusted standard from 35 Ill. Adm. Code

739.161(a).

2. Under 35 Ill. Adm. Code 104.406(b), Lafarge states that the regulation of general

applicability, 35 Ill. Adm. Code 739.161(a), implements in whole or in part the

state’s program for management of solid and hazardous waste, which is the

equivalent of the federal program under the Solid Waste Disposal Act as amended

by the Resource Conservation and Recovery Act (RCRA). Pet. at 6. If in

response to paragraph one above Lafarge clarifies that it seeks a boiler

determination, the Board requests that Lafarge clarify whether 35 Ill. Adm. Code

720.132 and 720.133 implement RCRA or other federal programs.

3. Under 35 Ill. Adm. Code 104.406(c), Lafarge states that 35 Ill. Adm. Code

739.161(a) does not specify the information or requirements necessary to justify

an adjusted standard. Pet. at 6. Lafarge does note that 35 Ill. Adm. Code 720.132

provides criteria for boiler determinations. Pet. at 7. If in response to paragraph

one above Lafarge clarifies that it seeks a boiler determination, the Board requests

that Lafarge clarify its response regarding the level of justification.

4. Under 35 Ill. Adm. Code 104.406(d), Lafarge reports that it complies with a

permit issued by the Agency that limits emissions of particulate matter (PM),

sulfur dioxide (SO2), carbon monoxide (CO), volatile organic material (VOM),

and nitrogen oxides (NOx). Pet. at 14. The Board request that Lafarge submit

data regarding both controlled and uncontrolled emissions from the slag dryer if

that data is collected as part of an emissions monitoring program at the plant. Also

under 35 Ill. Adm. Code 104.406(d), the Board asks Lafarge to clarify whether

operation of the plant results in any discharges other than air emissions.

5. Under 35 Ill. Adm. Code 104.406(e), Lafarge states that it seeks a boiler

determination in order to use off-specification used oil as a supplemental fuel.

Pet. at 11-2. Since Lafarge cannot now burn off-specification oil in its slag dryer,

it states that there are no compliance alternatives, capital improvements or

operational changes are necessary to comply with the generally applicable

regulation. Pet. at 11. The Board requests that Lafarge provide a comparison of

the cost of using specification fuel under the regulation of general applicability

and of using off-specification fuel under the requested relief.

6. Under 35 Ill. Adm. Code 104.406(f), Lafarge has not presented efforts or costs

necessary to comply with the adjusted standard but suggests that the use of off-

specification used oil may require modification of its current operating permit.

Pet. at 15. The Board requests that Lafarge state whether any additional air

pollution control devices or modification of existing equipment would be

necessary if it slag dryer uses off-specification used oil as fuel in its slag dryer. If

additional or modified devices are necessary, the Board also requests that Lafarge

provide information about any costs associated with the installation or

modification of that equipment.

7. Under 35 Ill. Adm. Code 104.406(g), Lafarge states that issues regarding

emissions associated with the combustion of off-specification used oil would be

addressed in the Agency permitting process. Pet. at 15. With its responsibility to

review the environmental impacts of Lafarge’s proposed activity, the Board

requests that Lafarge submit a copy of its lifetime operating permit issued by he

Agency. Second, the Board requests that Lafarge provide emission levels,

whether monitored or estimated, under both the rule of general applicability and

the proposed relief for all contaminants of concern: PM, SO2, CO, VOM, and

NOx. Third, the Board requests that Lafarge describe the quantitative and

qualitative impacts on the environment of using off-specification used oil as fuel

instead of natural gas. Fourth, the Board requests that Lafarge describe the nature

and source of the used oil that it intends to use as fuel in terms of its previous use,

handling, and presence of contaminants. Finally, the Board requests that Lafarge

address whether it intends to institute any quality control measures on the off-

specification used oil it plans to use as fuel for its slag dryer.

Under 35 Ill. Adm. Code 104.406(h), the Board notes that, in calculating the

thermal energy recovery efficiency of its slag drying system, Lafarge has relied

on significant assumptions regarding “false air” and “shell radiation.” Pet. at 22-

23. While Lafarge has named a design engineer with which it verified these

assumptions, the petition does not include any supporting documentation or

affidavits. The Board requests that Lafarge submit documentation or affidavits

supporting the assumptions made in calculating the energy recovery efficiency of

the slag dryer system.

Without the additional information described above, the Board cannot grant the petition

for an adjusted standard. Because Lafarge has waived its right to a hearing (Pet. at 31), and

because the Board has received no request that it hold one, the Board does not now expect to

hold a hearing on this petition. Accordingly, the Board directs the petitioner to address the

information requirements of 35 Ill. Adm. Code 104.406 as described above in an amended

petition. If an amended petition is not filed within 45 days of this order, this petition may be

subject to dismissal.

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board

adopted the above order on October 20, 2005, by a vote of 5-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board