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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

In the Matter of

Petition of BFI Waste Systems

of North America, Inc. for an

Adjusted Standard Waste

Delisting

AS 08-5

(Adjusted Standard-Land)

(Waste Delisting)

RECEIVED

CLERK'S OFFICE

NOTICE OF FILING

JUL 1 4 2008

Patricia F. Sharkey

Pollution

STATE

OFControl

ILLINOISBoard

McGuire Woods LLP

77 West Wacker Drive, Suite 4100

Chicago, Illinois 60601

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 Brief Of The Illinois Environmental Protection Agency on behalf of the

Illinois Environmental Protection Agency, copies of which are served upon you herewith.

To: Clerk

of the Board

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph Street

Suite 11-500

Chicago, Illinois 60601

William D. Ingersoll, anager

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

Printed on Recycled Paper

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

In the Matter of:

Petition of BFI Waste Systems

of North America, Inc. for an

Adjusted Standard Waste

Delisting

AS 08-5

(Adjusted Standard-LA

roz

21/70770

(Waste Delisting)

STATE

nIlution

Control

ILLINOISBoard

Brief of the Illinois Environmental Protection Agency

Now conies the Illinois Environmental Protection Agency ("Illinois EPA") by one

of its attorneys, William D. Ingersoll, Manager, Enforcement Programs, and hereby files

its post-hearing brief in the above captioned matter.

BFI Waste Systems of North America, Inc. ("BFI" or "Petitioner") filed its

petition for adjusted standard ("Petition") with the Illinois Pollution Control Board

("Board") on November 21, 2007. The Illinois EPA filed its Response To The Petition

for Adjusted Standard Waste Delisting on March 25, 2008. On April 14, 2008 BFI filed

its Response to Illinois Environmental Protection Agency's Recommendation and

Proposed Amendment to Petition For Adjusted Standard. The Illinois EPA filed its

Amended Response To The Petition For Adjusted Standard Waste Delisting on April 21,

2008. The hearing on BFI's Petition was held in Oregon, Ogle County, Illinois on

May 15, 2008. No members of the public were present at the hearing.

On June 30, 2008 BFI filed its post-hearing brief. BFI's post-hearing brief

includes an overview of the Petition that was filed by BFI in this matter. The Illinois

EPA believes that the overview accurately describes the Petition that was filed. The

overview references BFI's revised Adjusted Standard language included in the Proposed

Second Amendment to Petition for Adjusted Standard. The overview indicates that the

adjusted standard will allow BFI to transport the leachate over a shorter distance to a

closer wastewater facility ("WWTF") which will provide equal or better treatment than

this leachate is currently receiving as a listed hazardous waste. The overview also

indicates that "If a spill occurs or if the leachate is not disposed of in a permitted and

approved pretreatment WWTF, the delisting does not apply and the leachate will be

subject to RCRA Subtitle C regulation as it is now (BFI Brief at page 2).

The Illinois EPA's concern with the adjusted standard was the possibility of land

disposal of the leachate as the result of a release prior to delivery of the leachate at a

WWTF. BFI's brief makes it clear that land disposal is not and will not be an issue.

BFI's brief at page 11 states "In contrast, BFI's petition does not allow land disposal" and

"...the delisting would not apply if the leachate were spilled on route to the pre-treatment

facility..."

(BFI Brief at page 12). BEI, in its brief, also states that "In contrast, the

proposed BR

delisting does not authorize any contact of the leachate with land. (BFT

With regard to whether USEPA's approval of the delisting is required, the Illinois

EPA agrees with BFI in that the Illinois EPA is not aware of any reasons that USEPA

approval would be required (BFI Brief at page 20). "BEI is not requesting a change to

any federally approved water quality standard nor will this delisting affect any discharge

to a water of the State or a water of the United States." (BFI Brief at page 20) It is also

the Illinois EPA's position that Section 720.122 of the Illinois regulations, 35 Ill. Adm.

Code 720.122, reflects the requirements for delisting of a hazardous waste established in

the federal RCRA regulations at 40 CFR 260.22. The state regulations are, therefore,

consistent with the federal requirements and USEPA's approval would not be necessary.

The Illinois EPA believes that the proposed adjusted standard language included

in BFI's Proposed Second Amendment to Petition for Adjusted Standard has addressed

the Illinois EPA's concerns with the requested adjusted standard and the Illinois EPA

does not object to the requested adjusted standard.

Respectfully submitted,

William D. Ingerso 1, Ma ger

Enforcement Programs

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

Telephone: 217/782-9827

State of Illinois

County of Sangamon

Proof of Service

1, the undersigned, on oath state that I served the attached Brief Of The Illinois

Environmental Protection Agency upon the following persons, by placing a copy in an

envelope addressed to:

Clerk of the Board

Illinois Pollution Control Board

.lames R. Thompson Center

100 West Randolph Street

Suite 11-500

Chicago, Illinois 60601

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 July 10, 2008 with

sufficient postage affixed.

SUBSCRIBE AND SWOR1k; T BEFORE

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OFFICIAL SEAL

BRENDA BOEHNER

lt:

NOTARY PUBLIC, STATE OF ILLINOIS

t MY COMMISSION WIRES 1144009

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