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RECEIVED
CLERK'S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
APR 0 3 2008
STATE
OF ILLINOIS
Pollution Control Board
PETITION OF BIG RIVER ZINC
AS 08-009
CORPORATION FOR AN ADJUSTED
(Adjusted Standard-RCRA)
STANDARD UNDER 35 ILL. ADM. CODE
720.131(c)
NOTICE OF FILING
To: Pollution Control Board, Attn: Clerk
100 West Randolph Street
James R. Thompson Center, Suite 11-500
Chicago, IL 60601-3218
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 N. Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of the Pollution
Control Board the attached Motion to Incorporate Documents by Reference of Big River Zinc
j
JeCorporation,
fifer T. Nij
a copy
an
of which is herewith served upon you.
Date: April 3, 2008
Jennifer T. Nijman
Nijman Franzetti LLP
10 S. LaSalle Street, Suite 3600
Chicago, IL 60603
312 251 5255
IN THE MATTER OF:
 
RECEIVED
CLERK'S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
APR 0 3 2008
STATE
OF ILLINOIS
IN THE MATTER OF:
Pollution Control Board
PETITION OF BIG RIVER ZINC
AS 08-009
CORPORATION FOR AN ADJUSTED
(Adjusted Standard-RCRA)
STANDARD UNDER 35 ILL. ADM. CODE
720.131(c)
MOTION TO INCORPORATE DOCUMENTS BY REFERENCE
Big River Zinc Corporation ("BRZ"), by its undersigned counsel, requests that the Pollution
Control Board ("Board") incorporate materials from the record of another Board docket into this
proceeding pursuant to 35 Ill. Adm. Code 101.306. In support of its motion, BRZ states as
follows:
1.
On April 1, 2008, BRZ filed a Petition for Adjusted Standard requesting an amendment
to its existing adjusted standard ("AS-99-3") to revise Condition 2.a (1).
2.
Condition 2.a (1) to AS-99-3 requires BRZ to conduct its two-step process of (i) washing
zinc oxide to remove inorganic salts, and (ii) conducting electrolytic refining, both at
BRZ's refinery in Sauget, Illinois. BRZ requests that Condition 2.a (1) be revised to
allow BRZ to continue its process of accepting partially recovered zinc oxide from
suppliers and washing the zinc oxide at BRZ's refinery in Sauget, Illinois, but then to
either
(i) continue the electrolytic refining process at BRZ's facility as described in AS-
99-3, (ii) sell the washed zinc oxide to third parties for further refining,
or
(iii) return the
washed zinc
oxide to the suppliers for sale to another refiner. In each case, the final
 
product is a valuable, reclaimed zinc product. This revised Condition does not alter the
previous substance or findings of the Board.
3.
As support for its request, BRZ references the Opinion and Order, Petition for Adjusted
Standard and supporting materials in AS-99-3. The Board's review of materials and
analysis of what constitutes "solid waste" in AS-99-3 applies to the instant proceeding
because the material found to be exempt from the solid waste determination (zinc oxide
dust processed in High Temperature Metals Recycling) has not changed. BRZ will
continue to use that same material in its washing process.
4.
BRZ received a second adjusted standard from the Board for its facility in November
2006. AS-06-4. In that case, the Board found that electric arc furnace dust, even without
HTMR treatment, was not a solid waste for the purposes of further refinement in new
leach, solvent extraction, electrowinning (LSXEW) technology. BRZ was unable to
install the proposed LSXEW process due to rising costs of the technology. Portions of
BRZ's petition and the Board's Opinion and Order are nevertheless relevant to this
proceeding because the documents include updated descriptions of the BRZ facility and
the zinc market.
5.
To the extent the Board seeks to review or reassess the solid waste determination for EAF
zinc oxide in this case in order to amend Condition 2.a (1), the prior Board proceedings
AS-99-3 and AS-06-4 provide all necessary support and detail. The Board previously
found the materials to be credible and authentic and there was opportunity for cross-
examination of the matters asserted.
6. BRZ requests the following materials be incorporated in the instant case:
a. Petition for Adjusted Standard and supporting materials AS-99-3.
2
 
By: e
of its AAttttorneys
b. IEPA Response and BRZ's Reply to the Petition in AS-99-3.
c. Opinion and Order AS-99-3.
d. Transcript of proceedings.
e.
Petition for Adjusted Standard and supporting materials in AS-06-4.
f Amended Petition for Adjusted Standard
g. Opinion and Order in AS-06-4.
7. Four copies of the material to be incorporated are attached hereto for filing, as required
by 35 111. Adm. Code 101.306(b).
WHEREFORE, BRZ requests that the Board incorporate by reference materials from the
proceedings AS-99-3 and AS-06-4.
Respectfully submitted,
Big River Zinc Corporation
Jennifer T. Nijman
Nijman Franzetti LLP
10 S. LaSalle St, Suite 3600
Chicago, Illinois 60603
3
 
CERTIFICATE OF SERVICE
I, the undersigned, certify that I have served the attached Motion to Incorporate Documents by
Reference by hand delivery to the Clerk and by first class mail upon the IEPA:
Pollution Control Board, Attn: Clerk
100 West Randolph Street
James R. Thompson Center, Suite 11-500
Chicago, IL 60601-3218
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 N. Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Date: April 3, 2008
Jennifer T. Nijman
Nijman Franzetti LLP
10 S. LaSalle Street, Suite 3600
Chicago, IL 60603
312 251 5255

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