BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF
)
)
AS 08-10
)
(Adjusted Standard – Land)
)
(Waste Delisting)
RCRA DELISTING ADJUSTED
STANDARD PETITION OF PEORIA
DISPOSAL COMPANY
)
NOTICE OF FILING
To:
Brian Meginnes
Janaki Nair
Elias, Meginnes, Riffle & Seghetti, P.C.
416 Main Street, Suite 1400
Peoria, Illinois 61602-1611
Claire Manning
Brown, Hay & Stephens, LLP
205 S. Fifth Street, Suite 700
Springfield, Illinois 62701
Bharat Mathur
Acting Regional Administrator
U.S. Environmental Protection Agency
Region 5
77 West Jackson Boulevard
Chicago, Illinois 60604
PLEASE TAKE NOTICE that on this date I electronically filed with the Clerk of the
Pollution Control Board of the State of Illinois the following instrument(s) entitled ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY’S RESPONSE TO RCRA DELISTING
ADJUSTED STANDARD PETITION.
Respectfully Submitted,
_________________________________
William D. Ingersoll
Manager, Enforcement Programs
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Dated: June 12, 2008
Electronic Filing - Received, Clerk's Office, June 12, 2008
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF
)
)
AS 08-10
)
(Adjusted Standard – Land)
)
(Waste Delisting)
RCRA DELISTING ADJUSTED
STANDARD PETITION OF PEORIA
DISPOSAL COMPANY
)
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY’S
RESPONSE TO RCRA DELISTING ADJUSTED STANDARD PETITION
Now comes the Illinois Environmental Protection Agency (“Illinois EPA”), by one of its
attorneys, William D. Ingersoll, Manager, Enforcement Programs, and, pursuant to 35 Ill. Adm.
Code 104.416, hereby submits a response to the Illinois Pollution Control Board (“Board”) to the
petition for adjusted standard (“Petition”) filed by Peoria Disposal Company (“PDC” or
“Petitioner”). For reasons stated in detail below, the Illinois EPA has no objection to the
granting of the requested RCRA delisting adjusted standard. In support of this position, the
Illinois EPA states as follows:
I. INTRODUCTION
PDC is seeking an adjusted standard waste delisting for treated electric arc furnace dust,
classified as hazardous waste K061. PDC treats K061 waste at its permitted waste stabilization
facility (“WSF”) located in Peoria County, Illinois, pursuant to a RCRA Part B Permit. The
delisting in this case would apply to treated residues following waste stabilization activities at the
WSF.
To obtain a positive ruling from the Board, PDC must satisfactorily address all the factors
set forth in Section 104.406 of the Board’s procedural regulations (35 Ill. Adm. Code 104.406),
Section 28.1(a) of the Environmental Protection Act (“Act”)(415 ILCS 5/28.1(a)), and 35 Ill.
Adm. Code 720.122(d). Since the primary hazardous property of K061 listed hazardous waste is
Toxicity (See 35 Ill. Adm. Code 721.132), Section 720.122(d) is the relevant provision.
II.
SECTION 104.406 FACTORS
For the reasons more fully set forth below, the Illinois EPA believes that PDC’s request
for a RCRA waste delisting of treated K061 electric arc furnace dust will likely meet the required
level of justification with some additional information, as noted below.
A. Section 104.406(a) – Statement describing the standard from which an adjusted
standard is sought
The Illinois EPA does not take issue with PDC’s statement on this topic.
Electronic Filing - Received, Clerk's Office, June 12, 2008
B. Section 104.406(b) – Statutory basis of regulation of general applicability
The Illinois EPA does not take issue with PDC’s statements on this topic.
C. Section 104.406(c) – Level of justification
The Illinois EPA does not take issue with PDC’s statements on this topic.
D. Section 104.406(d) – Description of the nature of petitioner’s activity
The Illinois EPA does not take issue with PDC’s statements on this topic.
E. Section 104.406(e) – Efforts necessary to comply
The Illinois EPA does not take issue with PDC’s statements on this topic.
F. Section 104.406(f) – Proposed adjusted standard
The Illinois EPA does not take issue with PDC’s statements on this topic.
G. Section 104.406(g) – Quantitative and qualitative impact on the environment
The Illinois EPA does not take issue any specific statement by PDC on this topic, other
than to note the concerns raised below in Subsection H of this Response.
H. Section 104.406(h) – Justification of the proposed adjusted standard
The Illinois EPA agrees that the treated K061 residue does not exhibit the characteristic
of toxicity with respect to hexavalent chromium, cadmium, and lead. However, there are
two concerns related to the Site Specific Model Assumptions used in the analysis of
dioxins and furans, which is found in Appendix H.4 of Volume 1 of the Technical
Support Document. These concerns will be addressed in turn below.
With regard to the Dioxin/Furan DRAS modeling, (Summary at Appendix H.4, p. 2), the
fraction of fish intake is reduced from the generic input of 1.0 to a site-specific input of
0.5. The rationale given in the table is that it is assumed 50% of all freshwater fish
consumption for an individual is taken from Indian Creek. Although Illinois EPA has no
information to contradict the usage of the lower number, neither is any reference source
given to justify this adjustment. Additional information should be submitted by PDC to
support this point.
In the same Appendix H.4, Site Specific Model Assumptions table, the fish consumption
rate is increased from the default input of 0.02 kg/day to the site-specific input of 0.06
kg/day. PDC indicates that this modification is intended to reflect the difference between
recommended default model input for total fish consumption (marine and freshwater)
and solely freshwater fish consumption. Illinois EPA has no objection to the use of the
Electronic Filing - Received, Clerk's Office, June 12, 2008
site-specific figure in this situation, because the freshwater fish number is more
appropriate to any location within the State of Illinois. Additionally, as a higher number,
it would result in a modeling output that would be more conservative with respect to
human health. However, the apparent modeling input used, as indicated on the last page
of Appendix H.4, was only 0.006 kg/day. This may be a typographical error, in which
case, it should simply be corrected. However, the actual use of this incorrect value could
result in lower DRAS Model recommendations for delisting of dioxins and furans, so
PDC should be required to show the model as run with the correct 0.06 kg/day input.
I. Section 104.406(i) – Consistency with federal law
The Illinois EPA does not take issue with PDC’s statements on this topic.
J. Section 104.406(j) – Hearing
The Illinois EPA does not take issue with PDC’s statements on this topic.
K. Section 104.406(k) – Supporting documents
The Illinois EPA does not take issue with PDC’s statement on this topic, except with
regard to the issues raised in Subsection H of this Response.
III. SECTION 28.1 FACTORS
In accordance with Section 28.1(a) of the Act, persons seeking a RCRA waste
delisting must justify the request consistent with Section 27(a). Section 27(a) provides:
In promulgating regulations under this Act, the Board shall take into
account the existing physical conditions, the character of the area
involved, including the character of surrounding land uses, zoning
classifications, the nature of the existing air quality, or receiving body of
water, as the case may be, and the technical feasibility and economic
reasonableness of measuring or reducing the particular type of pollution.
415 ILCS 5/27(a) (2006).
Pursuant to Section 28.1(b) of the Act, the Board has specified the level of
justification for hazardous waste delistings in Section 720.122 of the Board’s regulations.
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.
Electronic Filing - Received, Clerk's Office, June 12, 2008
IV. CONCLUSION
WHEREFORE, for the reasons stated above, the Illinois EPA hereby respectfully
requests that the Board require PDC to address the issues noted above prior to granting
any adjusted standard in this case.
Respectfully Submitted,
_________________________________
William D. Ingersoll
Manager, Enforcement Programs
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Dated: June 12, 2008
Electronic Filing - Received, Clerk's Office, June 12, 2008
PROOF OF SERVICE
I hereby certify that I did on the 12
th
day of June, 2008, send by U.S. Mail with postage
thereon fully prepaid, by depositing in a United States Post Office Box a true and correct copy of
the following instrument(s) entitled ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY’S RESPONSE TO RCRA DELISTING ADJUSTED STANDARD PETITION
To: Brian Meginnes
Janaki Nair
Elias, Meginnes, Riffle & Seghetti, P.C.
416 Main Street, Suite 1400
Peoria, Illinois 61602-1611
Claire Manning
Brown, Hay & Stephens, LLP
205 S. Fifth Street, Suite 700
Springfield, Illinois 62701
Bharat Mathur
Acting Regional Administrator
U.S. Environmental Protection Agency
Region 5
77 West Jackson Boulevard
Chicago, Illinois 60604
and the original and nine (9) true and correct copies of the same foregoing instruments on the
same date by Certified Mail, Return Receipt Requested, with postage thereon fully prepaid
To:
John Therriault, Acting Clerk
Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
_________________________________
William D. Ingersoll
Manager, Enforcement Programs
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Electronic Filing - Received, Clerk's Office, June 12, 2008