4
ILLINOIS POLLUTION CONTROL BOARD
June 26, 2008
IN THE MATTER OF:
PETITION OF BIG RIVER ZINC
CORPORATION FOR AN ADJUSTED
STANDARD UNDER 35 ILL. ADM. CODE
720.131(c)
)
)
)
)
)
)
AS 08-9
(Adjusted Standard – Land)
HEARING OFFICER ORDER
Regarding the adjusted standard petition of Big River Zinc Corporation (BRZ),
the Board stated the following in its May 15, 2008 order:
The Board is reviewing the petition to identify whether it contains all of
the necessary information. Whether the Board will order a hearing
depends on several factors, including whether the Board identifies
informational deficiencies in the petition and, if so, BRZ’s response to any
such deficiencies, as well as the Board’s assessment of the Agency’s
recommendation. Petition of Big River Zinc Corporation for an Adjusted
Standard Under 35 Ill. Adm. Code 720.131(c), AS 08-9, slip op. at 2 (May
15, 2008).
Consistent with the Board’s order, the hearing officer directs BRZ to file an amended
petition responding to the issues set forth in Attachment A to this order.
See
35 Ill. Adm.
Code 104.418(a), (d). BRZ must file the amended petition within 30 days after receiving
this order. The Illinois Environmental Protection Agency may file an amended
recommendation within 21 days after being served with the amended petition.
See
35 Ill.
Adm. Code 104.418(b), (d). In turn, BRZ may file a response to any amended
recommendation within 14 days after being served with the amended recommendation.
See
35 Ill. Adm. Code 104.418(c).
IT IS SO ORDERED.
_____________________
Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
217/524-8509
webbc@ipcb.state.il.us
4
ATTACHMENT A
to June 26, 2008 Hearing Officer Order
AS 08-9, Petition of Big River Zinc Corporation for an Adjusted Standard
Under 35 Ill. Adm. Code 720.131(c)
1.
The Board’s final order in AS 99-3 contained conditions limiting the scope of
material covered by the determination, including the condition that the electric arc
furnace (EAF) zinc oxide
1
“will undergo BRZ’s electrolytic zinc refining process
at its facility in Sauget.” Petition of Big River Zinc Corporation for an Adjusted
Standard Under 35 Ill. Adm. Code 720.131(c), AS 99-3, slip op. at 6 (May 6,
1999) (paragraph 2(a)(1) of order).
2
BRZ states in its April 1, 2008 petition filed in AS 08-9 that BRZ seeks to be able
to sell washed EAF zinc oxide to third parties “for further refining” or return the
washed material to suppliers for sale to “another refiner.” Petition (Pet.) at 1;
see
also id
. at 3, 4-5, 6, Affidavit at 1-2. BRZ clarifies in its May 22, 2008 response
to the Agency’s May 9, 2008 recommendation that a third party may purchase the
washed EAF zinc oxide from BRZ not only to “refine it to zinc metal” but also to
“process it to produce other final commercial products such as zinc sulfate.”
Response (Resp.) at 2, n.1, Affidavit at 1, n.1.
Besides refining to produce zinc metal, please describe the other processes to
which BRZ expects its washed material to be subjected, as well as the resulting
end products and their uses.
2.
BRZ has provided information concerning the economic value of washing EAF
zinc oxide and of the washed material itself.
See
Pet., Affidavit at 2-3; Resp. at 1-
2, Affidavit at 1-2. BRZ has also stated that it “will enter into contracts with its
suppliers or third-party refiners to ensure the final reclaiming occurs.” Pet. at 5.
A.
Please provide information about existing or prospective contracts for
BRZ’s contemplated sale or return of washed EAF zinc oxide and any
1
“EAF zinc oxide” refers to secondary zinc oxide material recovered from EAF dust
through a high temperature metals recovery (HTMR) process.
2
BRZ’s petition and response in AS 08-9 (Pet. at 2; Resp. at 4, n.1) quote this condition
as it appeared in the Board’s AS 99-3 order of April 15, 1999 (Petition of Big River Zinc
Corporation for an Adjusted Standard Under 35 Ill. Adm. Code 720.131(c), AS 99-3, slip
op. at 18 (Apr. 15, 1999)), which order was incorporated into the AS 08-9 record on
BRZ’s motion. The language of the condition, however, was modified by the Board’s
AS 99-3 order of May 6, 1999, in which the Board granted BRZ’s motion to reconsider.
4
other relevant information concerning the extent to which an end market
for BRZ’s washed material is guaranteed.
See
Petition of Horsehead
Resource and Development Company, Inc. for an Adjusted Standard
Under 35 Ill. Adm. Code 720.131(c), AS 00-2, slip op. at 7-8, 12-13 (Feb.
17, 2000).
B.
BRZ’s petition includes tables summarizing seven years (1999-2005) of
data from BRZ’s washing plant, including the levels of chloride, fluoride,
sodium, and potassium in EAF zinc oxide supplied to BRZ; the reduction
of those constituents after washing; and the average removal estimates.
Pet., Affidavit at 2-3. Please describe the collection and testing
methodology used to gather this data and any plans BRZ has for such
sampling in the future.
See
Petition of Horsehead Resource and
Development Company, Inc. for an Adjusted Standard Under 35 Ill. Adm.
Code 720.131(c), AS 00-2, slip op. at 17 (Feb. 17, 2000) (condition
requiring post-process sampling).
C.
Could a supplier or third party decline to accept a shipment of BRZ’s
washed EAF zinc oxide, such as for elevated levels of inorganic salts? If
so, how would rejected material be handled?
D.
Please explain how BRZ plans to “return” the washed EAF zinc oxide to
the “original supplier.” Pet. at 3. Would the actual material received from
a given supplier, after washing, be returned to that supplier?
3.
Please provide any updated information about existing or prospective contracts
for BRZ’s contemplated acquisition of EAF zinc oxide, the economic value of
and markets for EAF zinc oxide, and BRZ’s proposed handling of incoming EAF
zinc oxide from its arrival at the Sauget facility through the washing phase,
including the anticipated volumes, any permitting, and the manner and duration of
any storage.
4.
BRZ states that its proposal in AS 08-9 “will only change the location” of “the
process of reclamation,”
i.e.
, allowing the “final reclaiming” to occur
off-site
. Pet.
at 5, 7;
see also id
. at 8 (BRZ seeks the “flexibility” of having the washed EAF
zinc oxide “leave its facility”). This change alone, however, would entail a
material handling process not addressed by BRZ in the pending request or in the
prior proceedings, Petition of Big River Zinc Corporation for an Adjusted
Standard Under 35 Ill. Adm. Code 720.131(c), AS 99-3 and Petition of Big River
Zinc Corporation for an Adjusted Standard Under 35 Ill. Adm. Code 720.131(c),
AS 06-4.
Please provide information on how the material that is to depart from the Sauget
facility would be handled after the washing phase, including the anticipated
volumes, any permitting, and the manner and duration of any storage, how loss
would be minimized, and how washed material would be delivered to customers.
See
Petition of Horsehead Resource and Development Company, Inc. for an
4
Adjusted Standard Under 35 Ill. Adm. Code 720.131(c), AS 00-2, slip op. at 8-9,
13 (Feb. 17, 2000).
5.
Please describe BRZ’s planned expansion of the Sauget facility’s washing
operation (Pet. at 5; Resp. at 2, Affidavit at 2) and how the expansion would
affect the handling of both incoming EAF zinc oxide and washed material headed
either for off-site destinations or on-site refining.
4
CERTIFICATE OF SERVICE
It is hereby certified that true copies of the foregoing order were mailed, first
class, on June 26, 2008, to each of the persons on the attached service list.
It is hereby certified that a true copy of the foregoing order was hand delivered to
the following on June 26, 2008:
John T. Therriault
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph St., Ste. 11-500
Chicago, Illinois 60601
Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
217/524-8509
webbc@ipcb.state.il.us
l
t
AS 2008-009
IEPA
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
AS 2008-009
William Ingersol
IEPA
1021 North Grand Avenue Eas
P.O. Box 19276
Springfield, IL 62794-9276
AS 2008-009
Jennifer T. Nijman
Nijman Franzetti LLP
10 South LaSalle Street
Suite 3600
Chicago, IL 60603
