ILLINOIS POLLUTION CONTROL BOARD
    May 4, 2006
     
    IN THE MATTER OF:
     
    PETITION OF LAFARGE MIDWEST, INC.
    FOR BOILER DETERMINATION
    THROUGH ADJUSTED STANDARD
    PROCEEDINGS PURSUANT TO
    35 ILL. ADM. CODE 720.132 AND0.133
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    AS 06-3
    (Adjusted Standard – Land)
     
     
    ORDER OF THE BOARD (by A.S. Moore):
     
    On March 29, 2006, petitioner Lafarge Midwest, Inc. (Lafarge) filed a petition (Pet.)
    seeking a boiler determination under the criteria in the Board’s hazardous waste management
    regulations through adjusted standard proceedings.
    See
    35 Ill. Adm. Code 720.132 (“Boiler
    Determinations”). The petition concerns two raw mill dryers at Lafarge’s portland cement plant
    located at 2500 Portland Road, Grand Chain, Massac County. Pet. at 2. Lafarge has waived its
    right to a hearing on the petition. Pet. at 49;
    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 April 27, 2006, timely filed
    with the Board a certificate stating that
    The Metropolis Planet
    published notice of the petition on
    April 12, 2006.
    See
    35 Ill. Adm. Code 104.410 (requiring filing of certificate within 30 days
    after filing of petition).
     
    Based on an initial review of Lafarge’s petition, the 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 Lafarge’s petition for a boiler determination.
     
    The Board’s procedural rules provide that, unless otherwise directed by the Board or
    hearing officer, the Environmental Protection Agency (Agency) must file a recommendation
    with the Board within 45 days after the filing of the petition. 35 Ill. Adm. Code 104.416(a).
    Lafarge “may file a response to the recommendation within 14 days after the date of service of
    the recommendation.” 35 Ill. Adm. Code 104.416(d).
     
    IT IS SO ORDERED.
     
     
      
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on My 4, 2006, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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