ILLINOIS POLLUTION CONTROL BOARD

August 4, 2006

IN THE MATTER OF:

PETITION OF BIG RIVER ZINC

CORPORATION FOR AN ADJUSTED

STANDARD UNDER 35 ILL. ADM. CODE

720.131(C)

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AS 06-04

(Adjusted Standard - Land)

ORDER OF THE BOARD (by N.J. Melas):

Big River Zinc Corporation (BRZ) seeks a determination from the Board that the electric

arc furnace dust (EAFD) that BRZ will use in a new zinc recycling process at its facility is not a

solid waste. BRZ operates an electrolytic refinery in Sauget, St.Clair County that produces zinc

products for a variety of industrial and agricultural applications. BRZ seeks this determination

by way of an adjusted standard pursuant to Section 104.Subpart D of the Board’s procedural

rules, and Section 720.130 of the Board’s hazardous waste management rules. On June 30,

2006, BRZ filed this request for relief. The Environmental Protection Agency (Agency) filed a

recommendation in support of granting the petition on July 20, 2006. Along with the petition for

an adjusted standard, BRZ also filed a motion for expedited review. For the reasons set forth

below, the Board grants BRZ’s motion to expedite.

Section 28.1(d)(1) of the Environmental Protection Act (Act) (415 ILCS 5/28.1 (2004))

and Section 104.408(a) of the Board’s procedural rules (35 Ill. Adm. Code 104.408(a)) require

the petitioner to publish notice of the petition for an adjusted standard by advertisement in a

newspaper of general circulation in the area likely to be affected by the proposed adjusted

standard. Under those provisions, publication must take place within 14 days after the petition is

filed, or the Board lacks jurisdiction to hear the petition.

See, e.g., In re

Petition of SCA Tissue

North America, L.L.C. for an Adjusted Standard from 35 Ill. Adm. Code 218.301 and

218.302(c), AS 05-1 (Jan. 6, 2005). Within 30 days after filing the petition, petitioner must file a

certificate of publication with the Board.

See

35 Ill. Adm. Code 104.410.

BRZ filed a certificate of publication on July 19, 2006, documenting that the required

notice of the petition was provided in the

News-Democrat

, published in Belleville, St. Clair

County, on July 11, 2006. The Board finds that BRZ has met the notice requirements of the Act

and the Board’s procedural rules.

To date, the primary raw material for the Sauget refinery has been zinc concentrates from

mineral ore deposits and secondary, zinc oxide materials reclaimed from EAFD using high

temperature metal recovery. BRZ explains that the facility ceased production in February 2006,

because it could not source sufficient raw material at competitive prices to support the operation.

BRZ proposes to retrofit the facility with a new technology that will allow BRZ to directly use

EAFD produced from scrap steel recycling, as a substitute for some or all of the traditional raw

materials used in the production process. BRZ expects this change will allow it to restart the

refinery and return the Sauget facility operations to profitability. Facility production remains

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