ILLINOIS POLLUTION CONTROL BOARD
September 7, 2006
IN THE MATTER OF:
PETITION OF BP PRODUCTS NORTH
AMERICA, INC. FOR RCRA WASTE
DELISTING UNDER 35 ILL. ADM. CODE
720.122
)
)
)
)
)
)
AS 07-1
(Adjusted Standard - Land)
ORDER OF THE BOARD (by N.J. Melas):
On July 27, 2006, BP Products North America Inc. (BP) filed a petition for an adjusted
standard from the Board’s hazardous waste regulations. BP seeks a Resource Conservation and
Recovery Act (RCRA) hazardous waste delisting for leachate generated from a landfill owned by
BP, located at the former Amoco Wood River refinery, in Wood River, Madison County (Pond 1
Landfill). The property is bordered on the west by the Mississippi River, on the west by the
Wood River Levee District (WRLD) levee, on the south by property owned by ConocoPhillips,
and on the north by a former channel of Wood River.
BP seeks delisting for the leachate to reduce the costs and risk of any spill or release that
could occur as a result of managing the leachate from the Pond 1 landfill. BP believes the
leachate is not hazardous and would not present a hazard to human health or the environment if it
were to be discharged as described in the petition.
BP previously petitioned the Board for a RCRA hazardous waste delisting of the same
waste on January 19, 2006, docketed as
In re
Petition of BP Products North America Inc. for an
Adjusted Standard Pursuant to 35 Ill. Adm. Code 721.122, AS 06-2. However, the Board did not
accept the petition in AS 06-2 because BP failed to timely provide a certificate of publication.
The Board found that timely proof of publication is a jurisdictional requirement and dismissed
the January 19, 2006 petition.
On July 27, 2006, BP filed the adjusted standard petition that opened this docket,
AS 07-1. BP requests a waiver to file a reduced number of copies of the petition and incorporate
by reference appendices A through J from docket AS 06-2 into this petition. Mot. at 1; citing 35
Ill. Adm. Code 101.302(h) and 101.306(a). The Board grants both of BP’s requests. The Board
first allows BP to file one signed original and four, rather than nine, duplicate copies of the
petition. Second, the Board waives separate filing, and accepts appendices A through J as part of
the petition.
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
2
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.
BP timely filed a certificate of publication with the Board, on August 9, 2006, indicating
that notice of the petition was published in
The Telegraph
on August 1, 2006. Filing singly, BP
also properly served the Agency (35 Ill. Adm. Code 104.402) and the USEPA (35 Ill. Adm.
Code 720.122(n)(1)). The Board finds that BP has properly initiated the proceeding and has met
the notice requirements of the Act and the Board’s procedural rules.
Keeping in mind the complex analysis that the technical nature of delisting petitions
require, the Board is reviewing BP’s petition consistent with the Board’s resources to identify
whether it contains all of the necessary information.
See e.g.,In re
Petition of Waste
Management of Illinois, Inc. for RCRA Waste Delisting Under 35 Ill. Adm. Code 720.122 for
Solid Treatment Residual for CID Recycling and Disposal Facility Biological Liquid Treatment
Center, AS 05-7 (Dec. 15, 2005). BP’s July 27, 2006 petition waived hearing on the petition.
Whether the Board may nevertheless order a hearing depends on several factors, including
whether the Board identifies informational deficiencies and, if so, BP’s response to any
deficiencies the Board may identify.
The Board allows the Agency until October 23, 2006, which is the first business day after
45 days from the date of this order, to file a recommendation. “The recommendation must set
forth the rationale for the Agency’s position.” 35 Ill. Adm. Code 104.416(a). If the Agency
recommends a denial of the petition due to informational deficiencies, “the recommendation
must identify the types of information needed to correct the deficiencies.”
Id
.
CONCLUSION
The Board finds that BP has satisfied the jurisdictional requirement of providing
newspaper notice of its petition for an adjusted standard. The Board also grants BP’s motions to
file a reduced number of copies of the petition and to incorporate appendices A through J from
docket AS 06-2 into this petition. The Board continues to review the petition for informational
sufficiency consistent with the Board’s resources.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on September 7, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
