BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
CLERKS OFFICE
APR 2 4 2008
In the Matter of:
Petition of BFI Waste Systems
of North America, Inc. for an
Adjusted Standard Waste
Delisting
AS 08-5
(Waste
(Adjusted
Delisting)Standard-Lanth
Pollution
sTATE OF
Control
I
LLINOISBoard
NOTICE OF FILING
To: Clerk
of the Board
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
Patricia F. Sharkey
McGuire Woods LLP
77 West Wacker Drive, Suite 4100
Chicago, Illinois 60601
Mary A. Gade, Regional Administrator
U.S.
Environmental Protection Agency
Region 5
77 West Jackson Boulevard
Chicago, Illinois 60604
Please take notice that I have filed today with the Illinois Pollution Control Board
the attached Illinois Environmental Protection Agency's Amended
Response
to the
Petition for Adjusted Standard Waste Delisting on behalf of the Illinois Environmental
Protection Agency, copies of which are served upon you herewith.
William D. Ingersoll, M^fiager
Enforcement Programs
William D. Ingersoll, Manager
Enforcement Programs
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Telephone: 217/782-9827
Date: April 21,
2008
Printed on Recycled Paper
BEFORE THE
In the Matter of
Petition of BFI Waste Systems
of North America, Inc. for an
Adjusted Standard Waste
Delisting
ILLINOIS POLLUTION CONTROL
BOARDFIEc
CLERK'S
e,vED
OFFICE
APR 2 4 2008
STATE
OF ILLINOIS
ollution Control Board
AS 08-5
(Adjusted Standard-Land)
(Waste Delisting)
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY'S AMENDED
RESPONSE TO THE PETITION FOR ADJUSTED STANDARD WASTE DELISTING
Now comes the Illinois Environmental Protection Agency ("Illinois EPA"), by one of its
attorneys, William D. Ingersoll, Manager, Enforcement Programs, and, pursuant to 35 Adm.
Code 104.418(c), hereby submits an amended response to the Illinois Pollution Control Board
("Board") to the petition for adjusted standard ("Petition") filed by BFI Waste Systems of North
America, Inc. ("BFI" or "Petitioner").
BFI's Petition for Adjusted Standard Waste Delisting was filed with the Board on November
21, 2007. The Illinois EPA filed its Response to the Petition for Adjusted Standard Waste Delisting
on March 25, 2008. Discussions have been held between BFI and the Illinois EPA subsequent to
the Illinois EPA's filing of its Response to the Petition for Adjusted Standard Waste Delisting. On
April 14, 2008 BFI filed a Motion To Amend Petition For Adjusted Standard Waste Delisting. BFI
in its amendment to its Petition proposes to amend the language of the Adjusted Standard to clarify
the intended scope of the Adjusted Standard. BFI is proposing amendatory language which would
clarify that the delisting would only apply to leachate which is transported to and received by a
permitted waste water treatment facility located in Illinois which has a Pretreatment Program which
has been approved by the United States Environmental Protection Agency. BFI also proposes to
amend the Adjusted Standard language to include specific testing requirements for the leachate.
BFI's proposed amendatory language to the proposed Adjusted Standard has addressed the Illinois
EPA's concerns with the Adjusted Standard as originally requested. If BFI's Motion To Amend
Petition For Arius ed Standard Waste Delistin•is granted by the Board, then the Illinois EPA
would amend its Response to the Petition for Adjusted Standard Waste Delisting by amending its
responses to the Section 104.406 factors as follows:
Section 104.406(c) — Level of justification
BFI's proposed amendatory language to the proposed Adjusted Standard has addressed the
Illinois EPA's concerns with the Adjusted Standard as originally requested.
Section 104.406(1) —
Proposed adjusted standard
BFI, in its proposed amendatory language to the Adjusted Standard as included in its Motion
To Amend Petition For Adjusted Standard Waste Delisting has addressed the Illinois EPA's
concerns regarding releases of the leachate while
in transport
prior to delivery to a waste
water treatment facility.
Printed on Recycled Paper
Section 104.406(g) – Quantitative
and
qualitative impact
on the environment
BFI, in its proposed amendatory language to the Adjusted Standard as included in its Motion
To Amend Petition For Adjusted Standard Waste Delisting has addressed the Illinois EPA's
concerns regarding releases of the leachate while in transport prior to delivery to a waste
water treatment facility.
Section 104.406(h) – Justification
of the proposed adjusted standard
The Illinois EPA's concern with the adjusted standard as originally requested related to the
release of the leachate while in transport prior to delivery to a waste water treatment facility.
BFI, in its proposed amendatory language to the Adjusted Standard as included in its Motion
To Amend Petition For Adjusted Standard Waste Delisting has addressed the Illinois EPA's
concerns regarding releases of the leachate while in transport prior to delivery to a waste
water treatment facility.
Section 104.406(i) – Consistency with federal law
The Petition at page 24 sets forth BFI's statement with regard to consistency with federal
law. The Illinois EPA does not take issue with BFI's statements on this topic in that federal
law provides the regulatory framework for delisting hazardous waste.
Section
104.406(k) –
Supporting documents
The Illinois EPA does not take issue with BFI's statement on this topic.
The comments made above for the factors set forth in Section 104.406 apply to the Section
28.1 factors as well as the 720.122 factors.
WHEREFORE, for the reasons stated above, the Illinois EPA does not object to the
adjusted standard requested by BFI.
Respectfully submitted,
Illinois Environment rotection Agency,
Re' g ?or-?
ae'r
.
William D. Ingersoll, Man
Enforcement Programs
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-9827
Date: April 21, 2008
Printed on Recycled Paper
State of Illinois
County of Sangamon
Proof of Service
I, the undersigned, on oath state that I served the attached Illinois Environmental
Protection Agency's Amended Response to the Petition For Adjusted Standard Waste
Delisting upon the following persons, by placing a copy in an envelope addressed to:
Clerk of the Board
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
Mary A. Gade, Regional Administrator
U.S. Environmental Protection Agency
Region 5
77 West Jackson Boulevard
Chicago, Illinois 60604
Patricia F. Sharkey
McGuire Woods LLP
77 West Wacker Drive, Suite 4100
Chicago, Illinois 60601
and mailing it by First Class U.S. mail from Springfield, Illinois on April 21, 2008, with
sufficient postage affixed.
SUBSCRIBED AND SWORN TO BEFORE ME
this ; / ?
day of
,
,
f
,
2008
t8+44++++090+++++++0404041
OFFICIAL SEAL
:
.S
NOTARY
CYNTHIA
PUBLIC, STATE
L. WOLFE
OF ILLINOIS g
S !AY COMMISSION EWES 10-2.2011 t
34.>4.4.4404-++44-64+404•04.0+4
Notary Public
Printed on Recycled Paper