ILLINOIS POLLUTION CONTROL BOARD
August 7, 2008
IN THE MATTER OF:
PETITION OF BIG RIVER ZINC
CORPORATION FOR AN ADJUSTED
STANDARD UNDER 35 ILL. ADM. CODE
720.131(c)
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AS 08-9
(Adjusted Standard - Land)
ORDER OF THE BOARD (by T.E. Johnson):
Today the Board rules on a motion for expedited decision filed by petitioner, Big River
Zinc Corporation (BRZ), on July 29, 2008. The Board provides brief background on this case
before addressing the motion.
BACKGROUND
On April 1, 2008, BRZ filed a petition for an adjusted standard under 35 Ill. Adm. Code
720.131(c) concerning its electrolytic refinery in Sauget, St. Clair County. BRZ seeks to amend
a condition of an existing adjusted standard granted by the Board to BRZ in 1999, Petition of Big
River Zinc for an Adjusted Standard Under 35 Ill. Adm. Code 720.131(c), AS 99-3. BRZ has
waived hearing and no hearing was requested after provision of the statutory notice.
On May 9, 2008, the Illinois Environmental Protection Agency (Agency) filed its
recommendation that the Board grant BRZ’s request. The Agency, however, also proposed
additional language for the condition at issue and suggested that BRZ provide more economic
information. The Board’s May 15, 2008 order found that BRZ satisfied the notice requirement
of the Environmental Protection Act (415 ILCS 5/28.1 (2006)). That order also granted BRZ’s
motion to incorporate certain documents from two prior adjusted standard proceedings which
concerned both BRZ’s Sauget facility and relief granted under 35 Ill. Adm. Code 720.131(c):
Petition of Big River Zinc for an Adjusted Standard Under 35 Ill. Adm. Code 720.131(c)
, AS 99-
3; and Petition of Big River Zinc for an Adjusted Standard Under 35 Ill. Adm. Code 720.131(c)
,
AS 06-4. On May 22, 2009, BRZ filed a response to the Agency’s recommendation.
On June 26, 2008, the hearing officer issued an order contemplated by the Board’s May
15, 2008 order, requiring BRZ to file an amended petition addressing a number of issues set forth
in an attachment to the hearing officer’s order. In response, BRZ timely filed an amended
petition on July 14, 2008. On July 29, 2008, BRZ filed a motion for expedited Board decision
(Mot.), requesting a final Board decision on August 7, 2008, or alternatively on August 21, 2008.
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MOTION FOR EXPEDITED DECISION
In the motion for expedited decision, BRZ states that its counsel conferred with Agency
counsel on July 28, 2008, and learned that the Agency “has no comment” on BRZ’s amended
petition and that the Agency “confirmed its recommendation” that BRZ’s petition be granted.
Mot. at 2. BRZ asserts that under these circumstances, no material prejudice will result from the
Board granting the motion for expedited decision.
Id
.
BRZ’s motion is supported by the affidavit of its President and Chief Executive Officer,
George Obeldobel (Aff.). BRZ states that it has recently entered into a contract with a supplier,
Steel Dust Recycling, which would like to begin shipping electric arc furnace (EAF) zinc oxide
to BRZ for washing as soon as possible. Mot. at 2; Aff at 1. To begin washing, in addition to a
grant of BRZ’s petition, BRZ represents that it “needs to make preparations such as scheduling
employees to return to work and readying the facility and equipment for operation.” Mot. at 2;
Aff. at 1. These activities, including calling back seven former employees or retaining new
employees, are expected to take approximately 3 to 4 weeks to complete. Aff. at 1. Therefore,
according to BRZ:
Time is of the essence as BRZ does not want to lose the washing contract with
Steel Dust Recycling. The contract could be lost if BRZ cannot begin washing
for several months since a long delay will force SDR to look for alternatives.
BRZ cannot afford to begin preparing the facility for washing until the Board
issues its decision to amend the condition in BRZ’s existing Adjusted Standard
. . . . Aff. at 2; Mot. at 2.
BRZ asks that the Board issue a determination on the adjusted standard request by the
Board’s August 7, 2008 meeting “or, in the alternative, by August 21.” Mot. at 3.
Motions for expedited review are governed by Section 101.512 of the Board’s procedural
rules, and must contain, among other things, a complete statement of the facts and reasons for the
request.
See
35 Ill. Adm. Code 101.512(a). In ruling on a motion for expedited review, the
Board considers, at a minimum, all statutory requirements and whether material prejudice will
result from the motion being granted or denied.
See
35 Ill. Adm. Code 101.512(b). BRZ’s
motion for expedited decision was filed just over one week before today’s Board meeting.
Under the Board’s procedural rules, the Agency was allowed 21 days’ time after service of
BRZ’s July 14, 2008 amended petition to file an amended recommendation.
See
35 Ill. Adm.
Code 104.418(b), (d). The Board learned that the Agency apparently will not be filing an
amended recommendation only through BRZ’s July 29, 2008 motion. The Board is not entering
a final decision today on the merits of the adjusted standard request and to that extent denies
BRZ’s motion.
The Board appreciates, however, BRZ’s economic urgency and the prospects for re-
opening the Sauget facility, which ceased process operations in June 2006.
See
Petition,
Attachment B at 1. Considering all of the factors, the Board grants BRZ’s alternative motion for
expedited decision as follows: the Board will endeavor to issue a final decision at its scheduled
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August 21, 2008 meeting or as soon thereafter as is reasonably practicable, consistent with
decision deadlines and available resources.
See
35 Ill. Adm. Code 101.512(c).
IT IS SO ORDERED.
I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board adopted the above order on August 7, 2008, by a vote of 4-0.
___________________________________
John T. Therriault, Assistant, Clerk
Illinois Pollution Control Board
