BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
CLERK'S
OFFICE
SEP 18 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 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 AMENDED PETITION FOR ADJUSTED
STANDARD 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
1, 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 BOARDRECEIVED
OFF
IN THE MATTER OF :
)
SEP
1 8 2006
Petition of the Big River Zinc Corporation
STATE OF ILLINOIS
)
AS 06JBOllution Control Board
for an Adjusted Standard under 35 111 . Adm.
)
(Adjusted Standard)
Code 720 .131(c)
)
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY'S RESPONSE
TO THE AMENDED 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") Amended Petition for an Adjusted Standard
would respectfully state :
I .
Petitioner seeks an adjusted standard under 35 111 . Adm
. Code Part 720 .131(c).
2.
The Petitioner filed its Petition for an Adjusted Standard with the Illinois Pollution
Control Board ("Board") on June 30, 2006 and filed an Amended Petition on September 8, 2006
.
3
.
The Illinois EPA filed its Agency Response to the Petition for Adjusted Standard in
this matter on July 20, 2006 .
4.
The Board, in its August 17, 2006 Order, directed BRZ to file an Amended Petition
providing additional information
.
5.
This Response is filed pursuant to 35 Ill . Adm. Code 104
.418, and the Board's Order
in this matter of August 17, 2006 .
PRELIMINARY DISCUSSION
The Illinois EPA believes the following information is relevant to the Board's consideration of the
1
proposed adjusted standard :
6.
The Illinois EPA re-states its recommendation that the Board grant the Amended
Petition because the Amended Petition limits the determination that the Electric Arc Furnace dust is
not a solid waste to those instances where it is introduced into the Leach, Solvent Extraction,
Electrowinning process as a raw material
.
7.
The Illinois EPA hereby incorporates by reference and re-states the conclusions from
its Agency Response to the Petition for Adjusted Standard filed in this matter with the Board on July
20, 2006.
8.
Prior to the filing of this Amended Adjusted Standard, BRZ submitted a draft
Amended Petition to the Illinois EPA for comment . This Amended Petition has satisfactorily
addressed all of the Illinois EPA's concerns
.
WHEREFORE, the Illinois EPA recommends that the Illinois Pollution Control Board
GRANT the Petitioner's Amended Petition for an Adjusted Standard
.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
By:/XX~~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.
2
