ILLINOIS POLLUTION CONTROL BOARD
    December 15, 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 G. T. Girard):
     
    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 Environmental Protection 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 mater within 21 days after
    publication of notice of the petition.
    See
    35 Ill. Adm. Code 104.420(a).
     
    In an order dated October 20, 2005, the Board found that Lafarge’s petition did not fully
    satisfy the information requirements contained in the Board’s rules.
    See
    35 Ill. Adm. Code
    104.406. The Board thus directed Lafarge to address those informational deficiencies by filing
    an amended petition within 45 days of that October 20, 2005 Board order.
     
    On October 24, 2005, the Illinois Environmental Protection Agency (Agency) filed its
    recommendation (Rec.) with regard to the original petition.
    See
    35 Ill. Adm. Code 104.416. In
    the recommendation, the Agency notes that Lafarge in January 2004 sought confirmation that its
    slag dryer could be considered a boiler under 35 Ill. Adm. Code 720.110. Rec. at 1. The Agency
    further notes that it did not then agree with Lafarge’s position.
    Id
    . The Agency and Lafarge
    have since exchanged information regarding the requirements for a boiler determination.
    Id
    .
    “Petitioner satisfactorily addressed questions and comments presented by the Illinois EPA during
     
    On December 5, 2005, Lafarge filed an amended petition for boiler determination
    through adjusted standard proceedings. Based on an initial review of that amended petition, the
     
    2
    Board finds that it complies with the petition content requirements contained in the Board’s
    procedural rules.
    See
    35 Ill. Adm. Code 104.406. Consequently, the Board accepts the amended
    petition for boiler determination.
     
    The Board’s procedural rules allow the Agency to file an amended recommendation if the
    amendment does not cause material prejudice. 35 Ill. Adm. Code 104.418(b). If the Agency
    wishes to file an amended recommendation, the Board directs it to do so on or before January 17,
    2006, the first business day following the 30th day after the December 15, 2005 date of this
    order. Should the Agency file an amended recommendation, the Board’s procedural rules
    provide that “[t]he petitioner may file a reply to a written amended recommendation within 14
    days after the date of receipt of the amended recommendation.” 35 Ill. Adm. Code 104.418(c).
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on December 15, 2005, by a vote of 4-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     
      

    Back to top