BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK'S OFFICE
IN THE MATTER OF?
APR 2 5 2008
STATE OF ILLINOIS
Pollution Control
Board
PETITION
RCRA DELISTING
OF PEORIA
ADJUSTED
DISPOSAL
STANDARD
COMPANY) (Adjusted
)
AS
08-
Standard
ip
– Land)
)?
(RCRA Delisting)
APPLICATION FOR NON-DISCLOSURE
NOW COMES Peoria Disposal Company ("PDC"), by its attorneys, Elias, Meginnes,
Riffle & Seghetti, P.C. and Brown, Hay & Stephens, LLP, and moves the Illinois Pollution
Control Board (the "Board") to allow the designation of certain portions of Appendix B and
Appendix F to the Technical Support Document attached as Attachment 2 to the RCRA
Delisting Adjusted Standard Petition (the "Petition") filed in the above-captioned matter, to be
designated "Non-Disclosable Information" pursuant to 35 Ill. Adm. Code Part 130 and the
Illinois Environmental Protection Act.
Appendix B
1.
PDC requests that the Board designate Appendix B, contained in the Technical
Support Document that is Attachment 2 to the Petition, "Non-Disclosable Information" pursuant
to 35 Ill. Adm. Code Part 130 and the Illinois Environmental Protection Act.
2.
PDC has filed a single un-redacted copy of Appendix B with the Clerk pursuant to
35 Ill. Adm. Code §130.404(a)(1). Appendix B has been marked "Non-Disclosable Information"
in red ink pursuant to 35 Ill. Adm. Code §§130.302 and 130.404, and the information contained
therein is hereinafter referred to as the "Appendix B Confidential Information."
THIS FILING IS ON RECYCLED PAPER AS REQUIRED BY 35 ILL. ADM. CODE 101.202 AND I01.302(g).
3. A second version of Appendix B has been filed with the Clerk with the Appendix
B Confidential Information redacted pursuant to 35 Ill. Adm. Code §130.404(c)(4).
4 The Appendix B Confidential Information constitutes "information concerning
secret manufacturing processes or confidential data submitted by any person under the Act" as
stated in the definition of Non-Disclosable Information in 35 Ill. Adm. Code § 101.202.
5.
The Appendix B Confidential Information contains confidential information
submitted by PDC regarding its customers. The Appendix B Confidential Infounation consists
of laboratory analytical reports for the •untreated electric arc furnace dust, identified by steel mill.
PDC is prohibited by contracts with its customers from disclosing such information.
6.
There are four (4) parties familiar with the Appendix B Confidential Information,
in addition to the attorneys preparing this Application. These parties are as follows:
A.
the Project Manager, Inorganics Department Supervisor, analysts and
certain clerical staff of PDC Laboratories, Inc.;
B.
the consultant chemist who is also the technology owner, and is bound by
a confidentiality agreement;
C.
the Facility Director of the PDC No. 1 Facility, which includes the waste
stabilization facility, who is bound by a confidentiality agreement; and
D.
the Project Manager, Staff Engineer, and a clerical employee of RMT,
Inc., the outside consultant that performed the sampling and analysis
required for the Petition and developed the Technical Support Document,
including Appendix B (RMT, Inc. is bound by a confidentiality
agreement).
THIS FILING IS ON RECYCLED PAPER AS REQUIRED BY 35 ILL. ADM. CODE 101.202 AND 101.302(g).
2
7.
The Appendix B Confidential Information has been protected from disclosure
since its origination during the period of December, 2007, through January, 2008.
Appendix F
8.
PDC requests that the Board designate certain portions of Appendix F, contained
in the Technical Support Document that is Attachment 2 to the Petition, "Non-Disclosable
Information" pursuant to 35 Ill. Adm. Code Part 130 and the Illinois Environmental Protection
Act.
9.
PDC has filed a single un-redacted copy of Appendix F with the Clerk pursuant to
35 Ill. Adm. Code §130.404(a)(1). The relevant portions of this version of Appendix F have
been marked "Non-Disclosable Information" in red ink pursuant to 35 Ill. Adm. Code §§130.302
and 130.404, and are hereinafter referred to as the "Appendix F Confidential Information."
10.
A second version of Appendix F has been filed with the Clerk with the Appendix
F Confidential Information redacted pursuant to 35 Ill. Adm. Code §130.404(c)(4).
11.
The Appendix F Confidential Information constitutes "information concerning
secret manufacturing processes or confidential data submitted by any person under the Act" as
stated in the definition of Non-Disclosable Information in 35 Ill. Adm. Code § 101.202.
12.
The Appendix F Confidential Information contains the confidential manufacturing
and industrial processes whereby PDC treats electric arc furnace dust in its waste stabilization
facility, in particular, the specific chemicals used and the amounts of same. It is the treatment
residue from these processes for which an adjusted standard is sought in the Petition. PDC hired
a consultant chemist specifically to design these processes (the technology owner), and bound
him with a confidentiality agreement. The Appendix F Confidential Information, if available to
THIS FILING IS ON RECYCLED PAPER AS REQUIRED BY 35 ILL. ADM. CODE 101.202 AND 101.302(g).
3
PDC 's competitors, would unfairly give the competitors the benefit of PDC' s research and
development.
13. There are four (4) people familiar with the Appendix F Confidential Information,
in addition to the attorneys preparing this Application. These people are as follows:
A.
the consultant chemist who is also the technology owner, and is bound by
a confidentiality agreement;
B.
the Facility Director of the PDC No. 1 Facility, which includes the waste
stabilization facility, who is bound by a confidentiality agreement;
C.
the Vice President of Engineering and Consulting Services, an engineer
employed by an affiliate of PDC, PDC Technical Services, Inc., who is
bound by a confidentiality agreement; and
D.
the Project Manager of the outside consultant hired to perform the testing
required for the Petition, who also prepared the Technical Support
Document, including Appendix F, and is bound by a confidentiality
agreement.
14. The Appendix F Confidential Information has been protected from disclosure,
except as provided by a mutual non-disclosure agreement, since it was first disclosed to PDC in
November 2007 by the consultant chemist (the technology owner) retained by PDC.
Affidavit and Waiver of Decision Deadline
15. An
affidavit verifying the facts set forth herein is attached herewith as Exhibit A.
16. Pursuant
to 35 Ill. Adm. Code §§130.404 and 130.204, PDC hereby waives the
applicable decision deadline for a period equal to the period by which the decision on the
THIS FILING IS ON RECYCLED PAPER AS REQUIRED BY 35 ILL. ADM. CODE 101.202 AND 101.302(g).
4
underlying proceeding or matter is delayed due to any trade secret justification and determination
process plus 45 days.
WHEREFORE, PDC respectfully requests that the Board designate the Appendix B
Confidential Information and the Appendix F Confidential Information as "Non-Disclosable
Information" pursuant to 35 Ill. Adm. Code Part 130 and the Illinois Environmental Protection
Act, and grant PDC such other and further relief as is deemed appropriate under the
circumstances.
Dated: April 16, 2008
Respectfully submitted,
PEORIA DISPOSAL COMPANY,
Petitioner
Claire A. Manning, Esq.
BROWN, HAY & STEPHENS,
LLP
205 S. Fifth Street
Suite 700
Springfield, Illinois 62701
Telephone: (217) 544-8491
Facsimile: (217) 544-9609
Email: cmanning@bhslaw.com
908-0195
Brian J. Meginnes, Esq.
Janaki Nair, Esq.
ELIAS, MEGINNES, RIFFLE & SEGHETTI,
P.C.
416 Main Street, Suite 1400
Peoria, Illinois 61602
Telephone: (309) 637-6000
Facsimile: (309) 637-8514
Emails: bmeginnes@emrslaw.com
jnair@emrslaw.corn
THIS FILING IS ON RECYCLED PAPER AS REQUIRED BY 35 ILL. ADM. CODE 101.202 AND 101.302(g).
5
EXHIBIT A
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF
RCRA DELISTING ADJUSTED STANDARD ) AS 08-
PETITION OF PEORIA DISPOSAL COMPANY) (Adjusted Standard – Land)
) (RCRA Delisting)
AFFIDAVIT
In Support of Application for Non-Disclosure
STATE OF ILLINOIS
SS.
COUNTY OF PEORIA
Ron Welk, having first been duly sworn upon his oath, deposes and states as follows:
1.
My name is Ron Welk. I am an adult and I am competent to testify to the matters
set forth herein.
2.
I am Facility Director of the PDC No. 1 Facility, owned and operated by Peoria
Disposal Company ("PDC").
3.
In my role as Facility Director of the PDC No. 1 Facility, I have had occasion to
review the facts cited in the Application for Non-Disclosure, to be filed in the above-captioned
matter.
4.
The facts cited in the Application for Non-Disclosure are within my knowledge
and operational control as Facility Director of the PDC No. 1 Facility.
5.
The facts cited in the Application for Non-Disclosure, to be filed in the above-
captioned matter, are true and correct to the best of my knowledge as Facility Director of the
PDC No. 1 Facility.
THIS FILING IS ON RECYCLED PAPER AS REQUIRED BY 35 ILL. ADM. CODE 101.202 AND 101.302(g).
VICKI S. PARR
MY COMMISSION EXPIRES
DECEMBER 4, 2011
908-0195
6. If called upon to testify in this matter, I could competently testify to the facts
stated herein.
FURTHER AFFIANT SAYETH NOT.
Ron Welk
Facility Directo , PDC No. 1 Facility
Subscribed and sworn to before me
this 16th day of A ril, 2008.
THIS FILING IS ON RECYCLED PAPER AS REQUIRED BY 35 ILL. ADM. CODE 101202 AND 101.302(g).
7
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF
RCRA DELISTING ADJUSTED STANDARD )
PETITION OF PEORIA DISPOSAL COMPANY )
nee,
CLE
.
Rje
oppice.
vet)
APR 252
AS
08
-10
pgr
Au'r
*
Op /Li.
(Adjusted Stanh96
C
?
tOIS
(RCRA Delisting)
AFFIDAVIT OF FILING BY HAND DELIVERY and
SERVICE BY U.S. MAIL, FIRST CLASS
The undersigned attorney hereby certifies that she has caused to be filed and served the
following documents in the above-captioned matter in accordance with the Illinois
Environmental Protection Act and regulations, by causing the original of each document (except
as otherwise noted) to be delivered by hand to the Clerk of the Illinois Pollution Control Board
on the 25th day of April, 2008:
a)
Application for Non-Disclosure (pursuant to 35 Ill. Adm. Code §130.404(a)(2));
b)
a single un-redacted copy of the materials subject to the Application for Non-
Disclosure (pursuant to 35 Ill. Adm. Code §130.404(a)(1));
c)
a single redacted copy of the materials subject to the Application for Non-Disclosure
(pursuant to 35 Ill. Adm. Code §130.404(c)(4)); and
d)
an original and nine copies of this Affidavit of Filing and Service relating to the
foregoing.
One copy of each of the Application and one copy of this Affidavit of Filing and Service
were served by placing same in the U.S. Mail, First Class postage prepaid, addressed as follows:
United States Environmental Protection Agency
Office of Solid Waste and Emergency Response
1200 Pennsylvania Avenue, NW
Washington, D.C. 20460
THIS FILING IS ON RECYCLED PAPER AS REQUIRED BY 35 ILL. ADM. CODE 101.202 AND 101.302(g).
1
United States Environmental Protection Agency, Region 5
77 West Jackson Boulevard
Chicago, IL 60604
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
•
Subscribed and sworn to before me
this 22nd day of April, 2008
OFFICIAL SEAL
JESSICA M ROCKEY
NOTARY
PUBLIC
- STATE OF
ILLINOIS
Notary Public
MY COMMISSION EXPIRES:06/21/11
Claire A. Manning, Esq.
BROWN, HAY & STEPHENS,
LLP
205 S. Fifth Street
Suite 700
Springfield, Illinois 62701
Telephone: (217) 544-8491
Facsimile: (217) 544-9609
Email: cmanning@bhslaw.com
908-0197
Brian J. Meginnes, Esq.
Janaki Nair, Esq.
ELIAS, MEGINNES, RIFFLE & SEGHETTI,
P.C.
416 Main Street, Suite 1400
Peoria, Illinois 61602
Telephone: (309) 637-6000
Facsimile: (309) 637-8514
Emails: bmeginnes@emrslaw.corn
jnair@emrslaw.com
THIS FILING IS ON RECYCLED PAPER AS REQUIRED BY 35 ILL. ADM. CODE 101.202 AND 101.302(g).
2