BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
CLERK'S OFFICE
JUL 2 0 2006
Pollution
STATE OF
Control
ILLINOIS
Board
IN THE MATTER OF :
)
Petition of the Big River Zinc Corporation
)
AS 06-04
for an Adjusted Standard from 35 Ill . Adm.
)
(Adjusted Standard)
Code 720
.131(c)
)
NOTICE OF FILING
To :
Dorothy M. Gunn, Clerk
Carol Webb, Hearing Officer
Illinois Pollution Control Board
Illinois Pollution Control Board
James R
. Thompson Center
1021 North Grand Avenue East
100 West Randolph Street
P. O
. Box 19274
Suite 11-500
Springfield, IL 62794-9274
Chicago, IL 60601
Big River Zinc Corporation
c/o Baker & McKenzie LLP
Sasha M. Reyes
John W. Watson
One Prudential Plaza, Suite 3500
130 East Randolph Drive
Chicago, IL 60601
PLEASE TAKE NOTICE
that today I have filed with the Office of the Clerk of the
Pollution Control Board the
ILLINOIS ENVIRONMENTAL PROPTECTION
AGENCY'S RESPONSE TO THE PETITION FOR ADJUSTED STANDARD
and an
ENTRY OF APPEARANCE in the above titled matter
. Copies of these documents are
hereby served upon you .
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
By: Michael
S. Roubitchek
Assistant Counsel
Division of Legal Counsel
1021 North Grand Avenue East
P .O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
THIS FILING SUBMITTED ON RECYCLED PAPER
.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF
:
)
)
Petition of the Big River Zinc Corporation
)
AS 06-04
for an Adjusted Standard from 35 Ill . Adm.
)
(Adjusted Standard)
Code 720.131(c)
)
PROOF OF SERVICE
I, Michael S
. Roubitchek, an attorney, hereby certify that I caused the attached pleadings to
be served upon all parties listed on the attached Notice of Filing via first class U .S. mail from 1021
North Grand Avenue East, Springfield, Illinois 62794-9276 .
Michael S . Roubitchek
Assistant Counsel
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
THIS FILING SUBMITTED ON RECYCLED PAPER .
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
R
CLERK'S
E
G E 1
OFFICE
V E D
JUL 2 0 2006
IN THE MATTER OF
:
STATE OF ILLINOIS
)
Pollution Control Board
Petition of the Big River Zinc Corporation
)
AS 06-04
for an Adjusted Standard from 35 Ill . Adm.
)
(Adjusted Standard)
Code 720
.131(c)
)
ENTRY OF APPEARANCE
I, Michael S
. Roubitchek, hereby enter my appearance in the above-entitled action on behalf
of the Illinois Environmental Protection Agency .
Michael S
. Roubitchek
Assistant Counsel
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
THIS FILING SUBMITTED ON RECYCLED PAPER
.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
R
E C
E
'S
IIOFFICEV
E D
JUL 2 0 2006
IN THE MATTER OF
:
)
Pollution
STATE OF
Control
ILLINOIS
Board
Petition of the Big River Zinc Corporation
)
AS 06-04
for an Adjusted Standard under 35 Ill
. Adm.
)
(Adjusted Standard)
Code 720 .131(c)
)
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY'S RESPONSE
TO THE PETITION FOR ADJUSTED STANDARD
NOW COMES
the Respondent, the Illinois Environmental Protection Agency ("Illinois
EPA"), by one of its attorneys, Michael S .
. Roubitchek, Assistant Counsel, and for its response to the
Big River Zinc Corporation's ("Petitioner")("BRZ") Petition for an Adjusted
Standard would
respectfully state :
This response is filed pursuant to 35 Ill . Adm. Code 104.416
.
2.
The Petitioner filed its Petition for an Adjusted Standard with the Illinois Pollution
Control Board ("Board") on June 30, 2006 .
3.
Petitioner seeks an adjusted standard under 35 Ill
. Adm. Code Part 720
.131(c) .
PRELIMINARY DISCUSSION
The Illinois EPA believes the following information is relevant to the Board's consideration of the
proposed adjusted standard:
4.
The Illinois EPA recommends that the Board grant this Petition because the Petition
limits the determination that the Electric Arc Furnace dust ("EAFD") is not a solid waste to those
instances where it is introduced into the Leach, Solvent Extraction, Electrowinning ("LSXEW")
process
as a raw material
. The LSXEW process is used to process zinc ores and will be used at a
manufacturing facility that was developed and operated specifically for the refining of zinc and zinc
compounds
. The resulting product is indistinguishable from products made with virgin ores.
5.
The LSXEW process was not commonly used when the K061 waste listing (35 Ill .
Adm. Code 721
.132) was developed, so it would not have been considered when determining the
regulatory status of EAFD .
6.
EAFD is a raw material when introduced into the LSXEW process .
Prior to
introduction into the LSXEW process, the EAFD has no market value and may still be sent for
disposal
. Therefore, it is appropriate to limit the determination that EAFD is not a solid waste to
only those instances where it has been introduced into the LSXEW process
.
7 .
Prior to the filing of this Adjusted Standard, BRZ submitted draft petitions to the
Illinois EPA for comment
. This Petition has satisfactorily addressed all of the Illinois EPA's
concerns .
REGULATORY REQUIREMENTS
5 .
35 111.
Adm. Code 104 .406(a) :
statement describing the standard from which an adjusted standard is sought
. This statement can be
found on page thirty-eight (38) of the petition
.
6. 35 111. Adm. Code Section 104
.406(b):
The regulations of general applicability
at 35 Ill Adm
. Code Part 720 et seq.
were enacted to implement the requirements of the State of
Illinois RCRA program
. This representation is stated on page (38) of the Petition
.
7.
35I11. Adm. Code Section 104 .406(c) :
The level ofjustification necessary for
the requested adjusted standard is provided at 35 Ill . Adm
. Code 720 .131(c) and is stated on page
two (2) and thirty-eight (38) of the Petition .
2
The Petition for an Adjusted Standard contains a
8.
35 111. Adm.
Code Section 104 .406(d):
As required, pages two (2) through
twenty-two (22) of the Petition provide a description of the nature of the petitioner's activity that is
the subject of the adjusted standard
.
9.
35 Ill
. Adm. Code Section 104 .406(e):
Pages thirty-eight (38) to thirty-nine (39)
of the Petition provide a description of the efforts necessary if the Petitioner were to comply with the
regulation of general applicability .
10. 35 111
. Adm. Code Section 104 .406(1) :
The Petition provides a narrative
description of the proposed adjusted standard as well as proposed language for a Board order
. The
requirement for a narrative description of the proposed adjusted standard is found on pages one (1)
through three (3) of the Petition
. The requirement for proposed language is found on page thirty-nine
(39) of the Petition.
11 . 35
111. Adm. Code Section 104.406(g) :
This requirement is fulfilled in the
Petition on pages nineteen (19) through twenty-one
(21), thirty-one (31) through (36) and forty
(40),
by stating the quantitative and qualitative impact of BRZ's proposed adjusted standard upon the
environment .
12. 35111. Adm. Code Section 104.406(h)
:
Pages twenty-two (22) through thirty-
seven (37) of the Petition sets forth the Petitioner's required statement ofjustification for the adjusted
standard.
13 .
35111. Adm. Code Section 104
.406(i):
The Petition, on page forty-one
(41),
states that the proposed adjusted standard is consistent with applicable federal law
.
14
.
35111. Adm. Code Section 104 .406(j):
The Petitioner expresslywaives its right
to a hearing
. If the Board deems a hearing necessary, the Illinois EPA will be in attendance
.
3
WHEREFORE, the Illinois EPA recommends that the
Illinois Pollution Control Board
GRANT the Petitioner's Petition for an Adjusted Standard .
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
By:
~~Michael
S . Roubitchek
Assistant Counsel
Division of Legal Counsel
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
THIS FILING SUBMITTED ON RECYCLED PAPER.
4
