ILLINOIS POLLUTION CONTROL BOARD

INFORMATIONAL DEFICIENCIES

August 17, 2006

IN THE MATTER OF:

PETITION OF BIG RIVER ZINC

CORPORATION FOR AN ADJUSTED

STANDARD UNDER 35 ILL. ADM. CODE

720.131(c)

)

AS 06-4

(Adjusted Standard - Land)

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

Big River Zinc Corporation (BRZ) seeks a Board determination that electric arc furnace

dust (EAFD) proposed as feedstock for a new zinc recycling process 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 uses. BRZ seeks this determination through an adjusted

standard petition under the Board’s hazardous waste management rules (35 Ill. Adm. Code

720.131(c)).

In this order, the Board identifies several informational deficiencies in BRZ’s petition

and directs BRZ to file an amended petition to cure them. The Board sets forth this case’s

procedural history before turning to the informational deficiencies.

PROCEDURAL HISTORY

On June 30, 2006, BRZ filed a petition for an adjusted standard. Along with the petition

for an adjusted standard, BRZ also filed a motion for expedited review. BRZ filed a certificate

of publication on July 19, 2006, documenting that the required newspaper notice of the petition

was provided. The Environmental Protection Agency (Agency) filed a recommendation in

support of granting the petition on July 20, 2006.

Under the Board’s procedural rules, a

petitioner may file a response to an Agency recommendation on an adjusted standard petition

within 14 days after being served with the recommendation.

See

35 Ill. Adm. Code 104.416(d).

BRZ has not filed a response to the Agency recommendation.

On August 4, 2006, the Board issued an order finding that BRZ had satisfied the

requirement of newspaper notice for adjusted standard petitions under the Environmental

Protection Act (415 ILCS 5/28.1 (2004)), a prerequisite to the Board having jurisdiction over this

proceeding. In addition, the Board granted BRZ’s motion for expedited review. In that order,

the Board also noted that BRZ had waived hearing. Further, the Board stated:

The Board will review the petition to identify whether it contains all of the

necessary information. Whether the Board will nevertheless order a hearing

depends on several factors, including whether the Board identifies informational

deficiencies and, if so, BRZ’s response to any deficiencies the Board may

The Board cites BRZ’s petition as “Pet. at _” and the Agency’s recommendation as “Rec. at _.”

identify. Petition of Big River Zinc Corporation for an Adjusted Standard Under

35 Ill. Adm. Code 720.131(c), AS 06-4 (Aug. 4, 2006).

INFORMATIONAL DEFICIENCIES

The Board finds that BRZ’s adjusted standard petition has not provided all of the

information required for the requested solid waste determination.

See

35 Ill. Adm. Code

104.406, 720.131(c). Below, the Board identifies, and directs BRZ to cure, the following

informational deficiencies:

BRZ proposes that EAFD received by BRZ at its Sauget facility “and placed

directly in the LSXEW [Leach, Solvent Extraction, Electrowinning] zinc

recycling process for use as feedstock is, upon receipt by [BRZ], not a solid

waste.” Pet. at 39. BRZ states that its requested solid waste determination

“would not affect the applicability of RCRA [Resource Conservation and

Recovery Act] hazardous waste management requirements to the EAFD prior to

delivery at BRZ.”

. at 3. The Agency states in its recommendation that “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.” Rec. at 2.

BRZ’s petition also provides, however, that “[o]nly EAFD of a sufficient quantity

of recoverable zinc will be accepted at the Facility as determined by a pre-

acceptance evaluation.” Pet. at 19. According to the petition, incoming EAFD,

which will be transported to BRZ by highway or rail, will be “managed as a

regulated RCRA hazardous waste until it arrives at the Facility” and the vehicles

“will be kept closed at all times except for sampling and unloading.”

. The

petition further indicates that EAFD below a “minimum acceptable grade . . . will

not be processed at BRZ and will continue to be stabilized and landfilled by ESOI

[Envirosafe Services of Ohio, Inc.].”

. at 27. Finally, BRZ states that “[n]o

storage of EAFD prior to entering the production process will be conducted at the

Facility.”

. at 30.

Would only EAFD that satisfies the “minimum acceptable grade” be

delivered to BRZ, or would the “pre-acceptance evaluation” be performed

after

delivery to BRZ? Could there ever be an EAFD load delivered to

BRZ but

not

placed in BRZ’s LSXEW process and, if so, how would such

a rejected load (which, as proposed, would remain K061 listed hazardous

waste) be handled?

Precisely when does BRZ propose that the requested solid waste

determination would attach to the EAFD (

e.g.

, upon unloading the EAFD

from the rail car or truck to enter the LSXEW process or at some other

point)?

In AS 99-3, the Board imposed sampling and recordkeeping conditions on

the Section 720.131(c) adjusted standard granted to BRZ, which included

an obligation to make supplier and sampling information available to the

Agency for inspection and copying.

See

Petition of Big River Zinc

Corporation for an Adjusted Standard Under 35 Ill. Adm. Code

720.131(c), AS 99-3 (May 6, 1999);

see also

Petition of Horsehead

Resource and Development Company, Inc. for an Adjusted Standard

Under 35 Ill. Adm. Code 720.131(c), AS 00-2 (Feb. 17, 2000) (imposing

proposing any such conditions for the AS 06-4 request. Explain whether

sampling and recordkeeping conditions are appropriate to the currently

requested relief. If appropriate, propose language for sampling and

recordkeeping conditions.

In Table 1 on page 28 of the petition, the percentage by weight of zinc oxide in

U.S. EAFD is listed as 15.0 to 24.0. Elsewhere, the petition states that the

“concentration of zinc in EAFD ranges up to 35%.” Pet. at 10. Discuss why

these values differ.

Is it correct that the LSXEW process produces only two waste streams:

wastewater; and filter cake? Pet. at 20, 36. Describe any pollution control

equipment associated with the proposed LSXEW process.

BRZ states that “[i]f the residue is hazardous, on-site de-characterization may be

performed.” Pet. at 21. Explain what is meant by “on-site de-characterization”

and how it would be accomplished.

Provide the address of BRZ’s Sauget facility.

Before this proceeding can continue, BRZ must remedy these informational deficiencies

by filing an amended petition. Mindful of the Board’s grant of BRZ’s motion for expedited

review, the Board allows BRZ until September 15, 2006, to file the amended petition. Failure to

timely file the amended petition will subject this matter to dismissal. If BRZ requires additional

time to file the amended petition, it may file a motion for an extension with the hearing officer,

but must do so by the September 15, 2006 filing deadline.

As noted above, the Agency recommends that the Board grant the requested adjusted

standard. Under the Board’s procedural rules, the Agency may amend its recommendation at

any time if the amendment does not cause material prejudice.

See

35 Ill. Adm. Code 104.418(b).

The incremental changes expected in the amended petition should be relatively modest by

volume. Under these circumstances and in the interest of administrative economy, the Board

directs the Agency to file any amended recommendation within 21 days after the Agency

receives BRZ’s amended petition. BRZ, in turn, will have 14 days after receiving any Agency

amended recommendation to file a response.

See

35 Ill. Adm. Code 104.418(c). The amended

petition and any amended recommendation “need not repeat the entire unchanged portion of the

original filing provided that a sufficient portion of the original filing is repeated so that the

context of the amendment is made clear.” 35 Ill. Adm. Code 104.418(d).

CONCLUSION

As described above, the Board finds that BRZ has not provided all of the necessary

information in its petition and directs BRZ to file an amended petition to cure these shortcomings

by September 15, 2006, or by a later date authorized by the hearing officer. Any amended

Agency recommendation is due within 21 days after the Agency receives BRZ’s amended

petition, and any BRZ response is due within 14 days after BRZ receives any Agency amended

recommendation.

IT IS SO ORDERED.

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

adopted the above order on August 17, 2006, by a vote of 4-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board