"

"':'"

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n

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r

r:: \'-

F\\

Ii

RECEIVED

BEFORE THE ILLINol$'

PQ~LUTlo~:eO.NTROL

BOArufLfRWS

OFFICE

-",," , .. " '.'

.

AUG 0 6 1999

IN THE MA TfER OF:

)

AS 00-.:7\

STATE OF ILL1NGlS

)

Poiili~ion

Cordr:)i

Board

PETITION OF HORSEHEAD RESOURCE

)

DEVELOPMENT COMPANY,

1~C.

FOR AN )

ADJUSTED STANDARD

lI~DER

35 ILL.

)

(Adjusted Standard -

RCRA)

ADM. CODE nO.131(c)

)

~OTICE

OF FILING

TO

Dorothy

\1.

Gunn, Clerk

Illinois Pollu(ion Control Board

100

West Randolph Street -

11th

Floor

Chicago,

IL 60601

Robert Lawley

Chief Legal Counsel

Illinois Department ofi':atlJral Resources

524 S. Second Street

Springfield,

IL 62701

Peter Orlinsky

Assistant

COUlI:>d

Division of Legal Counsel

Iilinois Environmental

Protection Agency

1701 S. First Avenue, Suite 600

Maywood.!L 60 153

PLEASE TAKE NOTICE that

Ol~

Friday. August 6. 1999,

we

hand dehered to

the Clerk of the Pollution Control Board HORSEHEAD RESOURCE

DE\'ELOPME~T

COf\.1PANY, INC.'S PETITIOi\ FOR AN ADJUSTED STANDARD. a copy of which is

attached hereto

and

served upon you

John N. Moore

Respectfully submitted,

HORSEHEAD RESOURCE

DEVELOP~NT

COMPANY,lNC.

LAW OFFICES

OF JOH;\ N \100RE

200

North LaSalle Street

Suite

221)0

Chicago, IL 60601-\ 095

(312) 782-9503

THIS FILING IS SllB:\UTTED ON RECYCLED PAPER

---

'.

IflECC::IVED

BEFOIU:

Tin:

ILLINOIS POLLUTION

CONTROL BOAJ<Dr'

,_,,1('<

OFFICE

IN

TIlE

MA

TT£R

OF:

)

PETITION

OF iIORsElitAO

RESOURCE

)

)

/~UG

0 G 1999

DEVELOPMENT COMPANY,

INc. FOR

AN )

ADJUST!<:D

STA_'I'DARD UNDER

35 ILL.

)

AS

~

00.

--

:2--.

Sl;-\TE OF ILUNOIS

Pellutlon COntrOl ,)0(

ADM. CODE 720./31«)

)

(Adjusted

Standard

_

ReRA)

.

'0

Ird

Horsehead Resource

~~~

Development Company,

lac

("HR D") hereby petitions

tIle II!

i no i s

POllution

COntrol BOor.} ("Board") for an ar'JUsted

srandard

under 35

III A.d",

Cooe 720./]I(c)

for crude zinc oxide I"CZO') produced by

HRD

at

it,

o,icagc

facility

(hereinafter referred to as

the

"Facility')

B,- separare fIlorion

flIed tOday,

HRD requests

rhat

the

Board

incorpcrate the

entire record from jocket

.{S OO-OOt

i'llo

Otis

prOCeeding_

Which

inclUdes

HRD'

s

Perition for an

Adjusted Standard dated

Ju/,-

20. 1999 (The

Board dismissed AS

00-00

I

on August

5,

1999)

Therefore, for the rea

so

ns

stated in HRD -S Petition for an Adjusted 5 r andard

(AS

00-00

I),

HRD

respectfully

requests rhe granting of

this

Petition

for

an Adjusted Standard for

CZO

prodUced

from

the

reCYcling of

EAF dust,

as

well

as

smaller quantities

of zinC-bearing hazardous and nOn-

hazardous

waste feedstOCks, at HRD's

flTMR

Facility

RespectfulJ.'y.submitted,

COMPANY,

flORSEHEAD

INC

RESOURCE

DEVELOP,\1ENT

---

1a.ECl-:.1

VEV

BEFORE THE ILLINOIS l'OLi"UTION CONTROL BOARl)("

",,\Z'o

OFfICE

~\UG

0 (}\QS9

~:;'\Af£.

OF H.JJNOIS

IN THE MATTER OF:

)

)

PETITION Of HORSEHEAD RESOURCE

)

DEVELOPMENT COMPANY, INC. FOR

AN )

ADJUST£"D

STA~DARD

UNDER 35 1l,L.

)

F)ollut(On

Co

ntroi

f)oor

d

AS

(Adjusted

00-

-

')-

Standard

-

ADM. CODE 720.13l(c)

)

?j:TITIilli-FOR AIiAPJ U?.JEJljT:\@:\@

HorseMad Resource Development Company. Inc

nUn:)")

hereby petitions the lIIinois

pollution control

BOal'1 ("Board") for an aojust ed standard under 35 \1\ Ad

11\

Cooe 720 \3 I (c)

for crude zinc oxid< ("CZO") produced by

HRD

at its Chi<agc

facility (hereinafter referred

to as

the "Facility") By separate motion flied today.

HRD

requests that the Board iucorpGfate the

ent ire record from docket

AS 00-00 I into this proceeding. ",hie h i ncl udes HRD' s Petition for an

Adjusted Standard dated lui\' 20. 1999 (The Board dismissed AS 00-001 on :\ugust 5, 1999.)

Therefore, for the reasons st ated in HRD' s Petition for an Ad juS! ed Standard (AS 00-00 I ), HRD

respectfully requests the granting of this Petition for an Adjusted Standard for CZO produced

from the recycling of

EM dust, as well as smaller quantities of zinc-bearing hazardous and non-

hazardous waste feedstocks, at HRO's HTMR Facility

Respec~fu\\Y

submitted.

HORSEHEAD RESOURCE DEVELOPMENT

COMP ANY, INC

(------I'

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J

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f

,

."

v"

',

-----

i.';/' ,r//'

I.,

. 'X.) .. -

....::.---

.-

----

o

e of its Attorneys

---

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•

f

'M"!'.

~

ps.

nnw

1Rf

.........iIllii,

RECEIVED

BEF'ORE THE n,LfNOIS POLLUTION CONTROL BOARDn

I=pWC:, OFFICE

IN THE MAITER OF:

)

}

PETITION OF

HORSEHEAD

RESOURCE

)

DEVELOPMENT CO"IPANY, INC. FOR AN )

ADJUSTED STA.\TDARD UNDER

35 ILL.

)

ADM.

CODE nO.131(c)

)

{\UG 0 01999

S'lATE OF ILLINOIS

Pcllution

Con

tro; HO<Jrd

(Adjusted Standard -

ReRA)

fETITION FOR AN ADJUSTED

STANDARD

Horsehead Resource Development Company, Inc C'KR D") hereby petitions the Illinois

Pollution Control Boar d

("B0ard")

for an actjusted standard under 35 IlL Adm Code

720, J

3 I (c)

for crude zinc oxide ("CZO") produced

by HRD at its Chicagc facility (hereinafter referred to as

the "Facility") By separate motion filed today, HRD requests that the Board incorpcrate the

entire record trom docket

AS

00-00)

into this proceeding. which includes HRD' s Petition for an

Adjusted Standard dated July 20.

1999

(The Board dismissed AS

00-00

I on August 5,

1999,)

Therefore, for the reasons stated in HRD's Petition for an Adjusted Standard (AS

00-001),

HRD

respectfully requests the granting

of this Petition for an Adjusted Standard for CZO produced

from the recycling

of EAF dust as well as smaller quantities of zinc-bearing hazardous and

nOI1-

hazardous waste feedstocks, at HRD's HTMR Facility

M

.'W..,;

Respectfully submitted.

HORSEHEAD RESOURCE DEVELOPMENT

COMPANY,

INC

By:

---

'

~-::.;-

.

.

fa

.11,

n

Paul E. Gutermann

Akin, Gump, Strauss, Hauer

&

Feld, LLP

1333 New Hampshire Avenue, N.W., Suite 400

Washington, DC 20036

(202) 887-4000

Jotm N. Moore

Law Offices of John N Moore

200 North LaSalle Street, Suite 2200

Chicago, lL 60645

(312) 782-9503

Date: August

6, 1999

un

J

.Ji

!Mi r

F

---

gRTIFICATE OF SERVICE

1, the undersigned, on oath state that I have served tbe foregoing PETITION FOR

AN ADJlJSTED ST Al'IDARD upon the following in the manner indicateJ beloW, this 6

th

day of August, 1999

Dorothy

M

Gunn, Clerk

Illinois Pollution Control Board

100 West Randolph Street -

11th Floor

Chicago,

IL 60601

(HAND DELIVERY)

Robert Lawley

Chief Legal Counsel

Department of Natural Resources

524 S

S~ond

Street

Springfield, IL 62701

(FIRST-CLASS MAlL)

Peter Orlinsky

Assistant Counsel

Division

of Legal Counsel

Illinois Environmental Protection

Agency

1701 South First Avenue, # 600

May'wood,IL 60153

(FIRST -CLASS MAIL)

_~__

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SUSAN E. CAHILL

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~OTE:THIS

IS A PUBLIC COpy •• CONFIIJENTIAL DATA IS REDACTED ON

-1

LPAGES 21

AN~.

AND EXHIBITS SAND

9.

.-~

ILLINOIS POLLUTION CONTROL BOARD

HORSEHEAD RESOURCE DEVELOPl\'lENT COMPANY, INC.

Date:

July

20, 1999

Adjusted Standard No.

99-__

(ReRA)

---

:~~ttff(?J~j{{~~~!~~J~~fffJ!;~?t~;~-:"?;~~~{:~:!;:!~

~:;.~~'~.

~~:.:.: ::~~~~~::;-5!.~

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SABLE OF

COl'iTENT~

Th:TRODlTTION ..... .... ..... ......... ..... ........... ......... ................... .............................. I

1.

LEGAL BASIS FOR THIS PETITION .................................................................. 3

II.

A.

The Regulation of General Applicability ....................................................... 4

B.

Reasons and Basis for the Adjusted Standard ............................................. 5

C.

HRD's Operations and Control Equipment. ................................................ 6

APPLICATION OF THE ADJUSTED STANDARD CRITERIA

DEJ\100:STRA TES THAT CZO IS COMMODITY-LIKE AND

~~OT

A \VASTE ....................................................................................................... 9

r\.

.

B.

CZO Has Undergone Substantial Processing ........... "

............... 11

1.

Direct feedstock in the zinc production process .............. .

. ....... 13

2.

Direct feedstock for calcining ......................................................... IS

3.

Ingredient in the production of micronutrients ................................. 17

4.

Summary ........................................................................................

18

CZO Has Scbstantial Value ...................................................................... 18

1.

2.

3.

CZO is produced and sold worldwide as a

process substitute for zinc concentrates

produced

from mined ore ...................................... ., .......................

19

The economic value of

HRD'

s CZO

is substantial and quantifiable .......................................................... 21

Summary .........................................................................................

22

c.

CZO Is Si:11ilar to Zinc Concentrates Produced from Mined Ore ............... 23

D.

End Markets Are Guaranteed for CZO ........................................................ 24

E.

CZO Is Handled to Minimize or Eliminate Loss ......................................... 26

1.

Handling of CZO from production

through

01 ( .. site shipment ............................................ .

---

£1'

8&

. '<'.',,:.-,._'."_. "'_. '._., .. '.:' ....• ; •... ';':"

':r;,'.,',

. : ... -:'-:"'.-

.,

~:;.<

,,'."

: -....

..,

Handling during processing into zinc metal

.. 27

Handling during processing intro micronutrient ingredient ............. 27

4.

Summary ........................................................................................ 27

F.

Other Relevant Factors ............................................................................... 28

1.

The Big River Zinc adjusted standard

for crude zinc oxide ........................................................................ 29

2.

Other variances from the definition of solid waste .......................... 30

3.

An

adjusted standard supports statutory

resource recovery

and waste minimization mandates ....................

31

C00:CLUSION...................... .............. ........................................................... .. ... 33

EXHIBITS

1.

Fa~ilit:·

process £10\'" diagram.

HT\iR Feedstock 1998 monthly composites.

3.

CZO 1998 monthly composites.

4.

ZCAJ'}.1onaca, Pennsylvania process flow diagram.

5.

Excerpt from Pehlke, Unit Practices Of Extractive Metallurgy.

6. Zinc Calcine 1998 monthly composites.

7.

(a) Summary ofEAF dust processing capacities in Europe, Japan, and the United States;

and

(b) Letter from Ling Wong:o Tom Theobald.

8. HRD 1998 invoices to Zinc Nacional for sales ofCZO.

9. HRD 1998 invoices to Zinc Corporation of America for sales ofelO.

10.

Typical Mined Zinc Concentrate Assays.

J

1.

Opinions and Orders of the

11linoi~

Pollution Control Board in In re Petition orBi.£ River

Zi

DC

Corporation for an Adjusted Standard Under 35 Ill. Ad m Code 720 \ 3 \ ( c) (Apr' I IS,

1999, amendeg May 6, 1999), ?S 99-3.

em

.. _au

3&_ PH

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---

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l~

Tenn('ss('c Dcpanmcllt of Em' ironment and Conservation decision granting variance from

classification

as a solid waste to AmeriS,eel Dust Processing Di\'ision for crude zinc oxide

(Sept.

II, J998).

13 E:\cerpts iTom "A Pocket Guide to Zinc" and related information provided by the

International Zinc Association.

---

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BEFORE THE ILLIN01S POLLUTIOl" CO:\TROL BOARD

L"\ THE ;\1.-\ TTER OF:

)

PETITIO;\ OF HORSEHEAD RESOURCE

)

DEVELOPMENT

CO~IPANY,

INC. FOR AN )

ADJUSTED STANDARD UNDER 35

ILL.

)

AD;\L CODE

nO,131(c)

)

AS 99-

__

(Adjusted Standard - RCM)

PETITION FOR AN ADJUSTED STANDARD

JNTRODUCTlO~

Horsehead Resource Development Company, Inc.

("Iffi.D")

hereby petitions

(he

Illinois

Polktion Control Board ("Board") for

an adjusted standard under 35 III. Adm. Code 720.131(c)

for crude zinc oxide

("ClO")

produced by HRD at its Chicago facility (hereinafter referred

(0

as

the "Facility") Section

nO.131

(c) authorizes parties to petition for a determination that

"[mJaterials that have been reclaimed but must

be reclaimed further before recovery is com:,leted

are

not solid wa::;tes if, after ir.itial reclamation, the resulting material is commodity-like."

HRD's

ClO,

like CZO produced elsewhere in the United States and in other countries, has

substantial economic value and

is sold for valuable consideration in markets worldwide. It is

used to produce zinc and other metal products, often as a direct process substitute for zinc

r,oncentrates produced from mined ore. HRD produces

CZO from the recycling of electric arc

furnace

("EAF")

dust, a hazardous waste, along with significantly smaller quantities of other

metal bearing feedstocks,

in HRD's high temperature metal recovery ("HTMR") process.

Recyciing

EM dust results in multiple environmental benefits, including a reduction in the

volume

afEAF dust that other.vise would be wastefully disposed orin landfills, conser..ation of

non-renewable natural resources (c.g .. zinc ore), and saving energy by reducing the need iix

---

minins and ""elting ofzinc ores. CZO therefore is pref'"ble to many other primary and

secondary zinc feedstocks, including virgin zinc

ores,

and its use promotes Sustainable

The Board's recemly granted adjusted Standard for EAF dust zinc oxide precessed

by Big

River Zinc Corporation

("BRZ")

is squarely on point with and strongly suPPOrts this Petition.

See

In re Petition ofBi River Zinc Co, oration fcr an Ad.uSled Stanqard

Und~g1l1

.cock 720

IllW

(April 15, 1999, !'mended May 6, 1999), AS 99-3.

The

BRZ adjusted Standard

demonstrates the exi;tence of an

act;ve

market for CZO and connrms the commodity-like n" ure

of the material. CZO prOduced by

IiRD

is virtually identical in SOllrce, composition, and

function to the EAF dust zinc oxide processed by BRZ. Both materials are produced by HTMR

faCilities, Conta'" similar concentrations of zinc and olher constituents, and are used to produce

zinc

and other Product s. Moreover, CZO meets t he Section 72 O. 13 I (c) ad ju sted , tan dar J cri

I

eria

fer similar reasons as the EAF zinc

oxide.

Therefore, the BRZ adjusted standard provides a

compelling precedenti.1 hasis for the Board

to grant this Petition. !iee Part 1I.F.1. of this Peti.ion.

As explained in detail in this Petition, CZO, like the EAF dust zinc oxide processed by

BRZ,

unquestionably meets the Criteria in Section 720.131 (e) for an adjusted Standard fur a

Commodity./il.':e material for the following reason:;:

I. CZO i, substantially reclaimed from hazardous waSle, and only minimal

additional processing

is necessary.o produce finished z'nc products.

2. CZO has a documented history of substantial economic value. It has an

average market value ofapproximately $200 per ton, and i. ;s sold in both

domestic and international markets.

3. CZO is similar in compasi.ion and equi,.alent in process suitabili,)' to zinc

concentrates produced from mined ore.

4 CZO has guaranteed end markets, and all CZO produ,.ed by HRD is sold and

shipped OfT-site, into .he stream of commerce, i mmedia< e

I, J

Rer prodUction

2

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s.

CZO is managed in an environmentally protective manner.

6. An adjusted standard for CZO is consistent with variances for commodity-like

materials issued

by the Board and other regulatory agencies, and supports the

mandates

of Illinois and federal law prioritizing recycling over disposal.

Part I

of this Petition. which sets forth the legal basis for ,his Petition for an adjusted

standard. describes the regulation

of general applicability, states the reasons and basis for the

adjusted standard, and summarizes HRD's operations and control equipment. Part II

of the

Petition demonstrates that HRD's CZO meets all

of the criteria in Section 720.131(c) for

determining when a material is "commodity-like" and not a solid waste. Based on the

information contained

in this Petition, HRD respectl1llly requests that the Board grar.t HRD an

adjusted standard from the definition of solid waste for CZO produced

by

HRD at the Facility

1.

LEGAL BASIS FOR THIS PETITION.

Section 28.1 of the Illinois Environmental Protection Act CAct") authorizes the Board to

grant

an adjusted standard from a

r~gulation

of general aprlir.ability upon request of ?ersons who

can justify the adjusted standard. 415

ILCS 5/28.1(a). The regulation of general applicability

from which HRD seeks

an adjusted standard is 35 Ill. Adm. Code 721.102 (definition of solid

waste).

As explained in Pan II of this Petition, the criteria to be used in justifying the adjusted

standard are established

by Board regulation.

Section 28.1(d)

of the Act sets forth the basic procedural requirements for an adjusted

standard, and the

Boaid's implementing regulations include more specific requirements

applicable to

ReRA

adjusted standards

in particular.

Se~

36 111. Adm. Code 106.410 et

~

Those regulations requ:re the following information to be provided:

Ca)

Identification of the regulation of general appii:<ibiLty for

which HRD seeks an adjusted standard;

3

---

(b)

(c)

(d)

'-,

.'

A written statement outlining the scope of the "evaluation," the

nature

of, the reasons for and ,he basis of the adjusted standard,

consistent with the level

of justification contained in the

reguiation

cf general applicability;

The nature

ofHRD's operations and control equipment; and

Any additional informatiol'1 which may be required in the

regulation

of general applicability.

Set! 35 Ill. Adm. Code 106.413. HRD addresses the first three factors below. The fourth factor

is not applicable here, since the "regulation cfgencral applicability" (35 111. Adm. Code 721.102)

does not require any such additional information.

A.

The Regulation of General Applicability.

Illinois la\v, like federal law, classifies nO:1-prcduct materials derived from the

reclamation or other treatment

of "listed" hazardous wastes as soiid and hazardous wastes

1

?\'either Illinois law nor federal law, however, regulates as solid or hazardous waste all material

produced from the reclamation ofhazard0us waste. Products, refined materials,

and other non-

wastes produced

from the reclamation of listed hazardous waste and that are used beneficially

are not solid or hazardous wastes: "Materials that are reclaimed

from solid wastes and that are

used beneficially are

not solid

waste~

and hence

are

not hazardous wastes under t.his provision

unless the reclaimed material

is burned for energy recovery or used in a manner constituting

disposal."

3S III. Adm. Code § 721. 103(e)(\) (emphasis added). When the Ur.ited States

Environmental Protection

Agency ("U.S. EPA") promulgated the identical federal equival':!nt of

this rule in 1985, U.S. EPA explained that its purpose was to make clear that fully reclaimed

1 See 35 Ill. Adm. Code 721.102(c)(3) (cross-referencing column 3 of the table in :-\ppendi, Z)

and

721.103(e)(1) (Illinois la\\-');

~e~

also 40 CFR § 261.2(c)(3) and § 261 3(c)(2)(i) (federal

law).

4

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products arc not waste::, even

if

the products subsequently are refined to increase their

commercial \'aiue:

[eJommercial products

recll1imed from hazardous wastes are products. not

wastes, and so are not subject to

ReRA

Subtitle C regulations. Thus,

regenera:ed solvents are not wastes. Similarly, reclaimed mtials that are

~llirable

for direct use, or that only have to be refined to be useabie, are not

wastes.

50 Fed. Reg. 614, 634 (Jan. 4, 1985) (emphasis added).

B.

Reasons and Basis for the Adjusted Standard.

As explained in detail iater in this Petition, HRD fundamentally transforms a low-zinc,

high-iron hazardous ',vaste feedstock into a

high-zinc.

low-iron CZO product. CZO and other

crude zinc oxides are commodities that are used

and sold thrOI!ghout the world. As a result.

HRD has always understood that its CZO

is a

DJ!ly

reclaimed product and is not a m:nima!ly

processed or partially

~

Qdaimed material. The Illinois Environmental Protection Agency

("Illinois EPA") has taken the position that CZO

may not be a fully reclaimed product and,

therefore, would be subject

to regulation as a solid and hazardous waste. Illinois law provides,

however, that even a partiaily reclaimed material can be excluded from regulation as a solid

waste

if

it is "commodity-like." 35111. Adm. Code 720.131 (c). Therefore. to resolve any

question that

may exist regarding CZO's regulatory status, HR.D is filing this Petition for an

adjusted

standard.~

An adjusted standard for CZO will resolve any potential regulatory issue that

rnay exist, and

it will further encourage recycling ofEAF dust and reduce depletion of non-

renew?ble natural resources.

2 The filing of this Petirion should not be construed as an admission of I a\\' 0\ fact that

CZO

is.

or at any time has been, a solid waste.

5

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~·'··-~k:~'-~.:·:;;:~;··~·(·.

,"',

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C.

HRD's Operations and Control Equipment.

HRD is the largest operator of HTi\1R facilities in the United States, and is the largest

recycler

of inorganic hazarC:ous wastes. Historically, for almost sixty years, the prior owners of

HRD's "\\'delz" rotary kilns in Palmerton, Pennsylvania, operated the kilns to produce zinc-

based products from oxidized zinc ores and similar zinc-bearing secondary materials.:! In the

mid-19iOs, as mine reserves were being depleted, the operators oflhe Waelz kilns explcred otr.er

raw material sources of zinc for the Waelz kilns, and found that steelmaking dusts, including

EAF

dust, could serve as an effective alternative to the oxidized zinc ores. Zinc is an abundant

constituent

in EAF dust; its concentration ranges from five to forty-two percent, or up to eight

times more zinc

than in raw ore. Lead and cadmium also at!! present in recoverable quan;ities in

EM dust.

EAF dust was processed for metal recovery in Palmerton before U.S. EPA listed the

rm:teriai

as K061 in 1980, and EAF dust fl!SOUrCe recovery efforts accelerated thereafter. The

recycling of EAF dust in Waelz kilns has served as a national model of resource recovery and

waste minimization. Significantly, U.S. EPA relied on the proven performance ofHTt-.m.

technologies when

it designated

HTtvfR

as the Best Demonstrated Available Technology

("BDAT") for K061 under the Resource Conservation and Rp.covery

Act's ("ReRAn)

land

disposal restrictions program. U.S.

E?A

concluded that the

HTMR

process conserves natural

resources by recycling zinc and other metals recovered from the

EAF

dust thal o!herwisc would

be mined, and recycles the K061 into non-\vaste products. 53 Fed. Reg. 31138, 31162 (Aug. 18,

1

The Waelzing process derives its name from the German verb "waelzen," which means i;")

trundle or roll, aptly describing the rolling movement of the feed material along the inside

s10pr~

of the kiln

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1988):! EPA also has designated H TMR as the BOAT for other metal-bearing waste5. See !:7

Fed. Reg. 37194, 37207 (Aug 18,1992) (F006); 63 Fed. Reg. 28556 28560 (May 26,

J9~8)

(together with stabiliz.ation, for non-lisfed wastes). HRO's Facility is located at 2701 1 14th St"eet

in Chicago, and was first

p{'rmili~d

by the Illinois EPA Division of Land to operate a solid W::l.ilC

management facility in 1989 '1 he Facility employs two Waelz kiln HTMR

units~

and accepts

for recyding K061 and smaller quantities of other hazardous and non-hazardous zinc-bearing

feedstocks. More than ninety percent of the feedstock consists ofEAF dust. A process flow

diagram of the Facility is induded as

Erhibill.

Notably, all phases ofHRD's feedstock

management occur

in an enclosed, negative pressure environment, and all materiallransfer

points are equipped

>,vith collection equipment and baghouses to prevent material loss and to

recycle the

collect~d

material.

HRD receives EAf dust and other zinc-bearing feedstocks frorr. off .. site by enclosed

railcar

and trJck. Upon arrival at the faciiity, the feedstocks undergo confirmatory testing and

sampling. This !;ampling and testing consists of visual inspection [.)r nonconforming material,

tests

for radioactivity and the collection of generator-specific samples fOf metal content analysis

The

fee~stocks ar~

then unloaded for direct introduction into the recycling process, without

-----------

~

U.S. EPA originally

d~signated

HTMR as BOAT in the so-called "First Third" rulemaking, in

which U.S. EPA also established recycling as the required treatment method

for

K061. S3 Fed

Reg. 3

i

138, 31163 (Aug. 17, 1988). Although the U. S. Court of Appeals for the D.C. Circuit

subsequently vacated

and remanded the treatment method determination; API v. U. S EPA. 906

F.2d 729 (D.C. Cir. 1990), the BDAT designation was not challenged and, therefore, was not an

issue in the litigation. Neither the rulemaking foHowing the remand, S6 Fed. Reg. 41164 (Aug

19, 199J), nor the decision upho1c.ing the rule, SMA v. U.S EPA, 27 FJd 647. (DC Cif. 1994),

affected the BDAT designation for K061. Although the U.S. EPA more recently also has

designated staLilization

as a BOAT (along with HTh1R) for metal .. bearing wastes in general, the

agency's findings regarding

}HMR 's resource recovery benefits remain tme today

7

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s!oraEe. in the Curing and Blendinz CC&B") Bu::,jing ,illinois EPA approyed the design Ofihc

unloading in the C&'S Bu.lding.

feedstock~

are ronoitioned with water

(0

achieve a moisture

coment of approximately 1 0

percer.~,

:ured, and blended before '.ransfer to a fted hopptr for

transpon to

the HTMR processing area. The':ie

prepdrato~{

steps achieve a uniform feed

composition for processing i .. the HTMR units to achieve optimal efficiency. The C&B

loss

and :0 recycle the collected

mate.~ial.

The C&B Building is operated o.!nder negative

pressure

to prevent fugitive emissions.

The

blended zinc-bearing feedstock is conveyed by fully enclosed bl".lt c00veyors from

the C&B Building to feed bins (hat suppiy the Wadz kiln HT;\1R units. from the feed bins, the

feedstock is metered in proper proportion with a carbon source, for example, coke (added as a

HT?vfR recycling process, a complex series of chemical oxidation and reduction reactions

con:entrale the non-ferrous metals of the feedstocks into CZO. The feedstocks are first heated to

a

temperature high enough (approximately

j

200

0

C) to chemically reduce nonferrous metals

Then, these constituen:s are reoxidized in a countercurrent air stream, ar.d the resulting product is

ceoled and collected as CZO. The HTtv1R process also produces the Iron-Rich Materia: ("lRL\f')

product, which is a coarse

aggregat~

The

IRM

is sold as an asphalt aggregate, an iron source for

cement production .. or as an aggregate for construction use. The process produces no wastes and

no water discharg(!s

--------

--'---'--- --

~

HRD employs two types ofHTMR units: a) rotaJ)' Waelz kilns in Palmerton, Pennsyh.ania.

Chicago. Jllinois, and Rockwood, Tennessee, and b) a flame re:lctor in Beaumont, Te,as

S.t~

~

40 C.F.R. § 2613 (identifying types ofHTMR units).

8

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__________

~

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n~

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CZO

produced from the HTMR recycling process is collected continuously in product

l:oliectors

and rail car loading tanks. The collected CZO is then transferred by enclosed screw

com'l!)'or

to

fiJ!ly-enc\osed pressure differer.tial rail cars for shipment off-site.

U.

APPLICATION OF THE ADJUSTED STANDARD

CRITERIA

DEl\10:\STRA TES THAT

CZO

IS

C0l\1l\10DlrYaLiKE

AND NOT A WASTE.

Section 720.13 l(c) authorizes a determination that a material is not a solid waste

if

the

materia!,

after initial reciamation, is commodity-like.

Sec~ion

720.131 (c) provides in full that:

"The Board will determine that those materials that have been reclaimed

but

must

be

reclaimed further before recovery is completed are not solid

wastes if, after initial reclamation, the resulting material is commodity-Eke

(even though

it is not

yet a

commercial product, and has to be reclaimed

further). This determination

is based on the following criteria:

1) The degree of processing the material has undergone

and (he degree of further process:ng that is required;

2) The value of the material after it has been reclaimed;

3) The degree to which the reciaimed material is like an

analogous raw material;

4)

Th~

extent to which an end market for the reclaimed material

is guaranteed;

5) The extent to which the reclaimed material is handled to

minimize loss;

and

6) Other relevant factors."

35 !II. Adm. Code 720.131(e);

~

lliQ

jd., 720.130,720.133 (procedures for determinations).

(These criteria are identical

to the federal criteria for a cOP.1modity

o

likc variance .

.s..~t,;

40

c.

F.

R.

§ 260.31(c)). As discussed in detail below, CZO unquestionably meets the criteria for an

adjusted

~iandard

for a commodity-like material because CZO: (i) is substantially

recla~med

from

hazardous waste;

(ii) has substantial value; (iii) is a substitute for zinc concentrates produced

from mined Oie; (iv) has guaranteed end markets; and (v) is handled to eliminate or minimize

9

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product loss. Other rele,"ant factors also support an adjusted

standa~d.

One such factor is the

Board's recently-promuigated adjusted standard for

EAF

zinc oxide processed

by BRZ.

The

BRZ adjusted standard is compelling and favorable

pre~edent

because it confirms the

commodity-like nature of CZO. HRD demonstrates in this Petition that CZO meets the adjusted

standard criteria for substantially the same reasons

as the EAF zinc oxide in ihe BRZ adjusted

star.dard. A related factor is consistency with variances from the definition of solid waste

p:omulgated

by other regulatory agencies (including a variance issued by Tennessee for the same

EAr dust zinc oxide HHlterial that was the basis for the BRZ adjusted standard). Another factor

is encouraging recycling ofEAF dust and the conservation of

non-renewabl~

resources, thereby

Fromo!ing sustainab!e development. § HRD therefore respectfully requests that an adjusted

s!anjard

from the definition cfsolid waste for HRD's CZO be granted.

1

III the remainder of this Petition,

HRlJ

apr lies each criterion for an adjusted standard for

3 commodity-like material to CZO to demonstrate that CZO is commodity-like and not a solid

waste The adjusted standard reguiations are substan:ively identical

to the federal regulations a!

40 C.F.R. §§ 26030-260.33. U.S. EPA precedent therefore is relevant to interpreting and

applying the commodity-like adjusted standard criteria, and HRD addresses U.S. EllA precedent

in this Petition where appropriate. See Recycle

Technologi~,

AS 97.9, siip. op. at 6 (,,[T]he

Board has referred to USEPA preamble langlJage interpreting the federal counterpart

to

the

§ U.S. EPA first promulgated the provisions on which the Board's adjusted standard authority is

based in the conteyt of the redefinition of solid waste. 50 Fed. Reg 614 (Jan. 4,1985). One of

the principa.1 purpc,ses underlying these regulations was promoting appropriate recycling, thereby

rendering this factor "relevant" to HRD's PCiition for an adjusted standard.

2 In addition to the BRZ adjusted standard, the Board has decided two adjusted

standa~d

petitions under Section 720.131 (c): In re Petition of Recycle TechnoiQgies. Inc fuL AQjusted

Standard Under

35 III Adr:n Code 720 131 (c) (SC?!. 3, \ 998), AS 97.9; In re Petition of

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Board regulations at issue."). U.S. EPA clearly intended that the criteria be applied to individual

materials

in a common-sense manner. "The Regional Administrator (or an authorized state) may

weigh these factors as she sees fit, and may rely on any or all of them

to

reach a decision." 50

Fed. Reg. at 655. Even though not all the criteria must be relied on in making a decision, HRD

demonstrates that

CZO

meets each and every criterion for an adjusted standard for a commodity-

iike material.

A.

CZO Has Undergone Substantial Processing.

The first factor to be considered is the degree of processing that the material has

undergone

and the degree of further processing that is required. According to the Board, the

"more substantial

the init.ial processing, the mOiC likely the resulting material is to be

commodity-like"

Recycl~_Techno!ogjes,

AS 97-9, slip op. at 7 (quoting 50 Fed. Reg at 655)

HRD recycles EA..F dust and other metal-bearing feedstocks in its HTivlR process to produce

CZO

in a complex series of chemical reduction and oxidation reactions. These reactions

fundamentally transform relatively low-zinc,

high~iron

wastes that are incapable of being

processed

at a zinc

reiinery~

into the high.zinc, low-iron CZO product that requires only minimal

additional processing. The HTMR process also prodl'ces the high-iron piOduct

IRM. The

HT\1R process results

in substantial processing for the following reasons:

1.

Zinc is concentrated in the CZO, quadruplini; in content from approximately 15

percent in the blended HTMR feedstock to approximately 60 perceilt in the CZO

product.

Chemetco,

Inc for Adjusted Standard from 35 III. Adm. Code 720 1 31(a'} and Ie) (Much 19,

1998), AS 97-2.

I

Zinc refineries are incapable of recycling EAF dust and similar

IO\,,'~zinc

wastes bec.!Use the

refinery equipmer.t

is neither designed nor buill 10 remove the significant Ic\'els of non-zinc

constituents

(e.g, iron) in steel industry waste feedstocks. Seg pages 13.15 below for a dt:tailt:d

description ofzine refinery equipment used to process CZO.

II

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Iron is concentrated in the IRM. nearly doubling in content from approximately

27 percent in the HT!\1R feedstock to approximately 50 percent in the IR..'v1

product.

3.

Transforming the

HTr-.1R

feedstock into

CZO

results in an approximately two.

thirds reduction in mass.

The HTt--fR process plainly produces a significant transformation in the physical and chemicai

properties

of the feedstock material.

Transformation

Into

of

CZO

HTMR

Feedstock

I

~

(Percent

by

Weight)

Mnjor

HTMR

Constituents

Feedstock

Zinc

(2n)

14.9

58.8

Iron (Fe)

26.5

I

5.3

Calcium (Ca)

5.0

I

1.0

Manganese (Mn)

2.2

0.5

Magnesium

JMg)

2.0

0.4

Silicon (Si)

1.S

Sulfur (S)

1.1

04~

0.9

Chlorine (CI)

0.9

4.5

Lead(Pb)

0.8

3.6

~.ium

(t'1l)

0.7

I

1.7

Potassium

(K)

0.6

2.1

Aluminum

(AI)

0.5

0.1

Fluorine (FI)

0.3

0.3

NOies:

(1) Source: HRD,

1998.

See Exhibits

2

(HTMR

Feedstock)

and

3

(ClO).

The analyses reJ7eci

elemental composition ollly,

and do

1I0r

reflect the

prese/lce

of oxygen ill the oxidized compounds.

(2)

HTJ..1R Feedstock iI/eludes a blended carbon

source

added as a reducing agellf.

(3) A

/I

sample results are

011

a d.'X basis.

The degree of further processing ofeZa required is minimal in comparison to the initial

HT~1R

processing Once transformed in the

HTi'.fR

recycling process, CZO is suitable for use as a

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direct feedslock in z.inc production,

a

c

a direr.t feedstock for calcining, or as an ingredient in the

production of micronutrients. (CZO is riot used for fertilizer.) Each use is described in further

de!ail beio\\'.

1.

Direct feedstock in the zinc production process.

HRD's

ClO

is used as a direct feedstock in zinc production. CZO is a high-quality

feedstock substitute

for zinc ores that have been mined and proccssed.

2

CZO is a more

predictable and uniform feedstock than the zinc concentrates produced from mined ore, since

ClO's constituent ranges are typically narrowerthan the constituent ranges in zinc concentrates

produced

from mined are .

.s.c~

table below at page 24. Since CZO is already high in zinc, little

additional processing

is necessary.

HRD sells CZO to Zinc Corporation of America ("lCA") for use as a direct feedstock in

leA's zinc produc:tion process in Monaca, Pennsylvania.

(ZeA

and

HRl)

are separate

companies

owned

by

Horsehead Industries, Inc.)

ZeA

's zinc refinery processes various zinc-

containing feedstocks to produce zinc metal slabs and ingots. The refinery feedstock typically

includes

zinc concentrates produced from mined ore, purchased zinc-bearing secondary materials

such as C20, and other zinc oxides.

lCA's processing ofClO into zinc meta.l consists ofsintering and thermal reduction.

These two processing steps are summarized below,

and a flow chart of the

ZeA

zinc production

process

is included at

£y,.hibit4.

2 Sulfide zinc ores extracted from the ground typicaliy contain three to fi\'e percent zinc. This

mined ore

is usually beneficiated at the mine to concentrate th ..

;!

material containing zinc (andlor

other valuable metals). The beneficiated ore

is referred to throughout this Petition as "zinc

concentrates produced from mined ore."

13

!JIiM1IUl_ ....... aIIIi1111.'II.:JI!.,.-B .. M!iii-illllllllllBliilllllllIMlIIIIIIi-----!L.I---.----... -

.....

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Preliminz.rily, it is worth noting that virgin zinc ore is subject to a number of processing

operations e\'en before

it reaches the quality of CZO and thus becomes a suitable feed for zinc

production. These operations, which are necessary

to concentrate the zinc content, include

extraction and beneficiation processes such as mining, crushing, milling, sequential

flotation/separation, dewatering, and drying. Subsequent

to

these steps, zinc concentrates

produced

from mined ore also must be "roasted" at high temperatures in air to produce roasted

zinc concentrates

and recover sulfur as sulfur dioxide gas. The resulting roasted zinc concentrate

is then sent to the sinter plant. The sulfur dioxide is converted to sulfuric acid !n another process

and

sold

10

third panies. By comparison, CZO is low in sulfur content and already of

sufficiently high-grade that it does not require any pre-sintering processing steps.

(i)

Sintering - CZO, as well as roasted zinc concentrates and other low-sulfur zinc

oxides, must physically be agglomerated into a coarse, larger-sized material before charging to

the electrothermic furnace.

The

silltering process physically prepares (i.e., deosifies and

hardens) the zinc oxides, and reduces siightiy

the other

miriOr

constituents in the zinc feed.lQ

The zinc oxides are mixed with a carbon source (for .uel) and with silica te bind the materials

together The sintering machine operates

at

approximately 900-1200° centigrade.

Sintering results

ill two materials: zinc sinter and a lead concentrate. The zinc sinter is

an agglomerated material that is hard and porous in physical composition and is the feed for the

electrothermic furnace. The lead concentrate produced from sintering serves as

a feedstock in

ano!her processing circuit.

lQ

More technically, sintering is "the process of heating fine particles to an eie\'ated temperature

without

complete fusion such that the small solid particles in contact with one another

adher~

and agglomerate into larger, more useful particles." Robert

D.

Pehlke, Unit Practices of

Extractive Metallurg}: (19"/3), at J 6. See

Exhibit 5.

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(ii)

Th~u:ductiQJl ~

Zinc sinter is heated in an electrothermic furnace, which

vaporizes and condenses the sinter feed, resulting in zinc metal and a non.hazardous slag.

lhe

pu",o,e of the thermal reduction is to remove oxygen and the remaining n"",; constituents in

the zinc sinter.

lhe thermal reduction step results in Prime Western Grade zinc metal suitable

for direct sale or production of specialty zinc products.

2.

Direct feedstock for calcining.

CZO produced at the Facility is also sent to HRD's facility in Palmerton for calcining

Calcining funher purifIes the CZO, and results in a zinc calcine product. The zinc calcine is then

sold to ZCA, where it is sintered with the other l.inc feedstocks to produce a physical\y uniform

and agglomerated reed for thermal reduction. Zinc calcine ranges from 60 to 65 percent zinc,

compared to less than 60 percent

in the CZO, and lead and chlorine arc reduced.

\S

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Comparison of HTi\1R Feedstock, CZO and Zinc Calcine

(Percent by Weight)

Major

HTMR

CZO

Zinc Calcine

Constituents

Feedstock

Zinc

(2n)

14.9

58.8

62.7

Iron (Fe)

26.5

5.3

6.5

Calcillm (Cal

5.0

1.0

1.9

Manganese

(Mn)

2.2

I

0.5

0.6

Magnesium

(Mg)

2.0

0.4

0.6

Silicon (Si)

1.5

(,1.4

0.5

Sulfur(~

1.1

OS

0.7

Chlorine

LeI)

0.9

4.5

l.0

Lead (Pb)

0.8

3.6

0.7

Potassium

Sodium (Na)

(K)

0.7

0.6

2.1

1.7

0.9

0.8

--

Aluminum

(AI)

0.5

0.1

0.2

Fluorine (F)

0.3

0.3

0.2

Notes:

(1) Source: HRD.

1998.

See F.xhibils

2

(H1MR Feedstock),

3

(elG)

alld

110t

6 (Zinc

reflect

Calcille).

{he presence

The allalyses

of oxygen

refieCI

in the

el,melllal

oxidized

composilion

compollnds.

Dilly. and do

I

(2) A

If

sample results are 011 a dry basis.

.

The calcining of the CZO also results in a reduction of the amount of salts charged to

ZCA's sinter machine, which increases the efficiency and longevity of the product collectors To

~nsure

optimal process efficiency,

ZeA

blends the zinc calcine, CZO, roasted zinc concentrates,

and other zinc-bearing feeds into a uniform feedstock mix before sintering.

Calcining and other processes that perform a similar function are commonly employed by

zinc producers worldwide to further purify CZO

and other feedstocks and reduce :he salts

content. As explained b<;:low. Zinc Nacional, a Mexican zinc products manufacturer, calcines

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CZO. as do other foreign metal manufacturing facilities.

li

Likev,ise, BRZ, which produces zinc

products from crude zinc oxide purchased from other producers, washes the salts from the zinc

oxide

to purify the material and prevent corrosion ofBRZ's refining equipr.lent.

.se~

Big

River

Zinc Corporation (April

15, 1999), AS 99-3. slip op. at 8-9. More generally, calcining and

similar processes are

not

unique to the zinc recycling industry. Zinc producers that u:;c zinc

concentrates produced from mined zinc ores typically calcine or othen.vise process the

concentrates

to remove naturaliy.occurring salts, thereby fill1her purifying the product. Like

sintering. calcining also may serve to densify and harden the feedstock into a more easily

managed pellet-like material. Indeed. ZCA's sintering process

is similar in function to HRD's

calcining process,

and ZCA sinters nearly all of its zinc feedstocks, including zinc concentrates

produced

from mined zinc ores, before final processing in the electrothermic furnace.

3.

Ingredient in the production of micronutrients.

HRD sells CZO to

Zinc

Nacional, a pyrometallurgical facility located in Monterrey,

Mexico. The CZO

sold to Zinc Nacional is used as an ingredient in the production of

micronlltrients for animal feed products. HRD transports the CZO by pressure differential rail

car to the Mexican border where Zinc Nacional takes title to the product. At Zinc Nacional's

facility. the

CZO is unloaded within a fully enclosed building. The operating areas of the plant

are also equipped with collection equipment

and baghouses to prevent product loss and to

recycle the collected material. Zinc Nacional

trai1s~()rts

the CZO pneumatically in an enclosed

conveyance

to a cone pelletizer. The pelletized CZO is then fed via covered conveyor belt to a

11 See also

Exhibit

7, letter from Ling Wong to Tom Theobald, which states that three of four

Japanese companies calcine CZO (referred to as "Waelz oxide" in the letters) into calcined zin;:

concentrate.

\7

---

t\\"o~stage

calcine process that volatilizes certain metal compounds, removes salts, and produces

a zinc oxide, which

is sold to the agriculture industry as a micronutrient for animal feed products.

4.

Summary.

HRD's HTMR process substantially transforms the hazardous waste feedstock from a

low~zinc,

high-iron v .. .aste mixture to the high-zinc, low-iron CZO product

suit~ble

for direct use

in the zinc production process, for calcining in HRD's calcining kilns, and as an ingredient in the

production

of rnicronutrients. The CZO results from substantial processing of the feedstock and

requires oniy minimal additional processing to produce zinc products. CZO therefore meets the

first criterion

of the adjusted standard for commodity-like products.

B.

CZO Has Substantial Value.

The second criterion to be considered is the value of the material after it has been

reclaimed. According

to the U.S. EPA guidance, "(o]bvious\y, the more valuable a material is

after initial processing, the more likely it is to be commodity-like." 50 Fed. Reg. at 655. The

HTMR process transforms material with negative economic value into a material with substantial

positive economic value. More specifically, the hazardous wastes used to produce

CZO have

negative economic value hecause generators must pay for the material to be either disposed

of or

recycled. Indeed, EAF dust's high iron content

and relatively low zinc content prevent zinc

production facilities from using EAF dust directly

as a feedstock. The processing ofEAF dust

and other feedstocks

in HRD's HTMR process produces the commodity-like product CZO,

which, along with other zinc concentrates,

is part of the worldwide market in zinc commodities.

CZO

is a valuable product because it is high in zinc and lo,v in

con~1ituellts

like iron that cannot

be processed

at zinc production facilities Zinc's price is established by suppl;' and demand on

the London 1\fetal Exchange ("LME") The long term average LME price for zinc is

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apprO\inllteiy 5S cenls/pound, but in the past ten years the UvfE zinc price has varied from a

low

of39.7 centsJpound in September 1993 to a high of93.7 cents/pound in March 1989.

The \'alue of most zinc-bearing materials, including

ClO,

is based On a formula that is

generally a:cepted in the worldwide industry. The generic formula is typically to pay the LME

price for a fixed percentage of the zinc contained in the material. The buyer (e.g., a zinc refiner),

rna}'

::l~o

revise the formula to include and deduct a "processing" charge from the zinc payment,

which represents

an approximate overall cost to process the material in the zinG production

process. The processing charge will increase or decrease with the price

of zinc, so that the mine

and the zinc producer share

in the risk associated with fluctuations in the zinc price Finally,

credits and debits

may be paid by the buyer (or applied to the seller) for certain non-zinc

-:onstituents

in the zinc-bearing material.

As explained below,

CZO

is produced and sold worldwide as a process substitute for zinc

concentrates produced

from mined ore. Moreover, the economic value of}-IRD's

CZO,

like

other

CZO and

zinc concentrates produced from mined ore, is substantial and quantifiable CZO

therefore meets the "value" criterion

of an adjusted standard for commodity-like products,

1.

CZO is produced and sold worldwide as a process substitute for zinc

concentrates produced from mined ore.

Hundreds of thousands of tons

ofCla

and similar zinc feedstocks are sold worldwide as

a process substitute for zinc ccncentrates produced from mined ore because they contain high

zinc content and are suitable for processing

at zinc manufacturing facilities. CZO's economic

value, like any other valuable zinc-bearing material, depends largely on its zinc

~ontent

and ihe

L~1E

price for zinc.:. The same is true for other zinc concentrates or secondary materials

purchased by

leA

and other zinc producers

19

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lilt

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The Commodities Research Unit, a London-based research firm, issued a repon

concluding

that demand for CZO will continue to grow:

[TJhe increase in zinc recovery from

[EAF]

dusts would satisfy almost a

quaner

of the growth in zinc demand in the next decade .. " It

~eems

iikety

that much of the {EAF] dust will be processed into oxide. which will

be used at smelters. substituting for concentrate. We believe that the zinc

concentrate market has a tendency to surplus over the next ten years. The

growth

in zinc recovery from oxides will reinforce that tendency.

2inc

Rich EAF Dusts: Market GrO\vth.

T~chnolo~ChQice

and Profit Potential, CRU

International

Ltd. at 197 (emphasis added). At least a dozen plants in Europe, Japan and

~.iexico

produce hundreds of thousands of tons ofCZO from EAF dust

by

the HTlvfR process The table

below summarizes the annual output

of crude zinc oxide from these foreign facilities

1=

-

Foreign

Crude Zinc

(Tons)

Oxide Production

l

Country

Production

Germany

(3 plants)

44,000

Italy

(l

plant)

22,000

Ja,~an

(5 plants)

101,000

France

(l

j,lant)

27,000

Spain

(I plant)

27,000

Mexico(l plant)

27,000

TOTAL

248,000

Source: Exhibit

7

alld zeA.

CZO would not be produced and marketed worldwide on commercial

terms

if

markets

did not exist. for it. CZO produced at the facilities in these countries is both sold to other

companies, and used on-site

to produce finished zinc products, since some of the facilities are

located in integrated zinc manufacturing complexes. Indeed, "[tJhanks to its excellent quality,

Waelz oxide (ie .. , CZO) as a secondary feedstock is increasingly replacing primary ore

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concentrates in the European zinc and lead smelters."!1 Whether CZO is sold to zinc production

facilities or used on-site

by zinc manufacturers, it is an economically and environmental:),

desirable substitute

for

zinc concentrates produced from mined are.

2.

The economic value of HRD's CZO is substantiall1nd quantifiable.

CZO's economic value is c'lantified

by

its transaction price. The commercial

transactions for CZO sold by HRD, as well as for transactions for other zinc oxide products, are

summarized below. The transaction price

of at least S: 00 per ton for CZO clear!;, demonstrates

the established economic value

orczo.

*-

-

Economic Value of Crude Zinc Oxides

(S/ten)

Transaction

Approximate Transaction Price

HRD CZO sale to Zinc Nacional

I

(I)

(Mexico)

HRD

CZO

sale to

ZeA

(I)

AmeriSteel (crude zinc oxide) sale to Big

$200(2)

River Zinc Corporation

Sale

of

"typic

0)" zinc concentrate

$266(3)

produced from mined are to

ZeA

_.-

Notes:

(1) Based

011

1998

salesfigures.

(2)

As quoted in Big River Zinc Corporatioll 's

1998

petitiolljor an adjllsled stalldarc{.

(page

17

oj the petition). See jooinote 1-1 be/ow alld accompanying disclIssion

(3) Based

011

/998

average Londoll Metal Exchange Speciailligh Grade zinc p;'ice of

.f

5

eellls/ib.

.n

Remarks afGunter Okan, Chairman afthe Board ofB.US,

Ber~ilius Llmwelt·S~ryice

:\G

(April 2, J 998), at the Annual General Meeting.

21

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Each of these commercial transactions demonstrates that CZO and si mtlar zinc oxides have

substantial economic

vallie:

• HRD sells CZO produced from its HHv1R facilities to Zinc Nacional in Monterrey,

Mexico. Zinc Nacional refines the

cza

into an enriched zipe product suitable for use

as a micronutrient for animal feed products (zinc is

an

essential human and ani mal

nutrient). Documentation of the Zinc Naciona! 1998 sales transactions is included at

•

Exhibit

8.

&

HRD sells CZO to zeA for refining into zirtc metal and oxide products.

Docurneniation

of the ZCA 1998 sales transactions is included

3t

Erhibit 9.

•

BRZ has agreed to purchase cfudl! zinc oxide produced by AmeriSteel for at least

S200 per ton. See B.i.g.B..iver Zinc Corporation (t,.pril 15, 1999), AS 99-3, slip op a:

17. AmeriStee!'s crude zinc oxide, which is produced from EAF dust, is

virtuall~'

identical in source, composition and process suitability to HRD's CZO product.

The value

of zinc concentrates produced from mined are on the open market pro\'ides

a

usefijl comparison because these concentrates and CZO are both marketed

wOI.dwide

for their zinc value. As shown in the table, typical zinc concentrate

produced

from mined ore, assuming a

45¢/lb.

UviE Special High Grade Zinc Price

(1998

average), is vaiued at approximately $266 per ton.

3.

Summary.

CZO has substantial economic value,

as demonstrated by an established history of

commercial transactions and its important role in zinc COlilmerce worldwide CZO's precursors

cannot be processed directly into zinc produc:s

and they have rJegati':e economic value The

CZO produced

by recycling these wastes in the HTMR process has substantial economic

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[!'!j

CZO compares favorably in value to other zinc o"ide products, as demonstrated by its

Yalu!'! relJtiyc to otlier zinc sources, and

ClO

is produced throuBnout the world as a zinc

feedstock

cza is commodity-like and not a waste. CZO thus meets the "value" criterion of the

adjusted standard.

c.

CZO Is Similar

to

Zinc Concentrates Produced from Mined Ore.

The third factor to be considered is the extent to which CZO is anaio£ou5 to a raw

material According to the

US. EPA guidance, "[iJfthe initially-reclaimed material can

substitute for a virgin material, for instance as a feedstock to a primary

oro('~ss,

it is more likely

to be commodity.like." 50 Fed. Reg.

at 655. U.S. EPA's guidance is directly on point with

respect

to

CZO

because cza is similar in col11position, particuiarly ':..:;(11 respe.:t

!t.:;

:he crilka!

constituent zinc, and equivalent in process suitability to zinc concentrh!es produced from mined

Oie, which are used in primary processes 10 produce zinc. CZO therefore meets

the

third

criterion

cf

the adjus!

~d ~·Iandard

for commodity-like products.

In 1997, approximately 10 mi!!ioil metric tons ohine concentrates produced from mined

ore were produced throughout the world

for use in th{; manufacture of zinc and allied products

(eg. lead and cadmium oxides and metals, sulfuric acid). A compari:;cn of the ranges of the

major constitl.:ents in CZO with those in zinc concentrates produced from mined ore

demonstrates the similarities

of the two materials and their suitability for direct processing into

Zi,iC products.

u

'?"

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Comparison of i\lajor COl1sti(uents in

CZO and Zinc Concentrates Produced from ;\lined Ore

{Percent

by

Weight)

Element

czo{l)

Zinc Concentrates

Produced From

Mined

Ore(2)

JZn

56.3 to 61.4

48t06!

I

C!------f-----3-.4-t-O-S.,-1----r

<o.oi_to

0.24

I

rTe

-==r

3.2 -to--:6:--. 6""'--,

1. 5 to 1

1.

5

1

~ -~_-~

_

2.7t04.1

I

o~~5~~~~

____ 1

~

(~

J

0.7

t_o_l_.2_~1

-=:._1_0_33_._3_--1

Noles:

(I)

Source: HfW.

1998.

See Ex/;i!)If 3.

(2) See Erhiq!f 10.

_

CZO's constituent ranges are narrower than

tho~.e

in zinc concentrates produc:ed from

mined ore CZO therefore is typically

a

more predictable

and

uniform feedstock relative

to zinc

con.::entrates produced from mined ore Moreover CZO's low sulfur content obviates the need

to roast CZO bet()re sintering at the zinc refmery In summary, CZO is similar in composition

and process suitability

to zinc concentrates produced frem mined orc CZO therefore meets the

third criterion of the adjusted standard.

D.

End Markets Are GuarantE'cd ror CZO.

The

fourth

factor to be considered is the extent to which an end market is guaranteed for

the

CZO.

Evidence of such a guarantee include; "vaiu(!, traditional usage. or

cOt~tractual

arrangements." 50 Fed. Reg. at 65:5. End fl.ark,!ts are guaranteed for CZO for several reasons

First,

as explaiiled abc\'c in Part II H., CZO has substantia! value in the market for

zinc

feedstocks It is a suitable alternative to zin:

CO.lccntr~.tes

produced from mined ore 2nd other

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Bill!

E.

CZO Is Handled to Minimize or Eiiminate Loss.

The fifth factor is the extent to which the

cza

is handled to minim;ze or eliminate loss.

cza

is managed in an environmentally protective manner throughout all phases of its life cycle

from

generation to production ofzine metal. HRD and ZCA carefully manage CZO to eliminate

loss to the greatest possible '.'xtent for

economic and environmental reasons.

Sec

Recycl~

Technologies, AS

97~9>

slip op. at 11 ("The BC'ard notes that [Recycle Technologies] has a

financial incentive not

to

lose the filtered used antifreeze:

if

it loses material, it has less to sell

back to customers.") i-BlO's handling of CZO therefore satisfies the fifth ciiterion of

the

adjusted standard for commodity-iike products.

1.

Handling of CZO from productio!1l through

ofT~site

shipment.

HRD carefully manages CZO in an environmentally protective manner from the time it :s

produced through the time of off-site shipment into the stream of commerce. As described in the

next paragraph,

all ofHKD's unloading and conveyance

of'~rations

are enclosed to prevent any

product los$. These operations are under negative pressure to eliminate potential fugitive

emissions.

HRD is in compliance with all air permits.

CZO

is pncl!m?ti,:ally conveyed from the product oollectors to enclosed pressure

differential

rail cars for

ofT~site

shipment immediately after production. (HRD does not store

CZO.) The

rail car loading tank, into which the CZO is transferred after production, is inside an

enclosed building that is equipped with collection equipment and a baghouse to pr.:!vent product

loss The

rail car loading tank empties CZO into pneumatic discharge rail cars through a pipe

that extends down into the

rail car . ....;ZO is transported te

i~s

destination in compliance with

Department

of Transportation regulations for Class 9 substances.

26

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•

£

; .....

La

M'lPiLO

........ !W

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,

2.

Handling during processing into zinc metal.

CZO also is managed in an environmentally protective manner at

ZeA's

refinery in

Monaca and at HRD's calcining facility in Palmerton, CZO that arrives in Monaca is off-loaded

from railcars through pneumatic conveyances that preclude environmental exposure, CZO

is

stored in process bins in the enclosed sintering building, All product transfer points in the

building are vented to collectors to prevent product loss.

CZO transported

to HRD's calcining facility in Palmerton is pneumatit::ally unloaded into

surge bins and metered into

a mixer, where it is conditioned with water prior to calci:ning. To

pre,"ent product loss,

all conveyance systems are totally enclosed, and the surge bins are vented

to a product collector. The conditioned CZO

is fed into the calcine kiln by an enclosed

conveyor, which has

r.Jgitive coliectors on the system transfer system points. Any CZO in tl':e

coliectors is recycled to the process. Inside the calcine kiln, pressurized seals eliminate poten':al

emissions from both ends of kiln.

3.

Handling during processing into micronutrient ingredient.

Zinc Nacional also handles HRD's

cza

in an environmentally protective manner at its

facility

in Mexico. Zinc Nacional's materials receiving and preparation areas are fhl!y enclosed,

all conveyances are enclosed, and

the facility has collection equipment and baghouses in all of its

operating areas

to prevent product loss and to recycle the collected material.

..

4.

Summary.

CZO produced at the Facility is handled in a manner that minimizes loss to the greatest

extent possible dur:ng

all phas.es of its life cyc:le. HRD has invested miliior.s of dollars in

product management systems for

ClO

to ensure that it is managed so as to pre\'ent the escape of

27

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;' .....

'.,.'.,

'.

snrsr .

..

•

M. __ J

Fl ..•.

this "aluable material into the environment. The cnvironmentally protective management of this

material therefore satisfies the

fifth criterion of the adjusted standard.

F.

Other Relevant F:lcto.rs.

Three other factors support HRD's Petition

for an adjusted standard for its CZO product.

First.

the

Board recently granted an adjusted standard under Section 720.13

j

(c) to BRZ for a

crude zinc oxide that

is virtually identical to HRD's CZO in source, composition and function.

The BRZ adjusted standard represents

an Indistinguishable prece:dential basis for HRD's petition.

and vinually mandates the conclusion that HRD's CZO is a commodity-like material when

processed

into

zinc products. The BRZ adjusted standard demoilstratcs conclusively the

existence

of an active market for CZO and provides independent confirmation of the commodity-

like nature

of the material.

The

fortuitous timing of the BRZ and HRD petitions greatly

simplifies the Board's task

here. Another, related factor is consistency with varianc(!s from the

definition of solid waste for commodity-like zinc products promulgated by otror agencies.

including one

for the same EAF zinc oxide that was the basis for the BRZ adj'Jsted standard. A

third factor

is consistency with the resource conservation and waste minimization mandates of

Illinois and federal law. Recycling

EAF

dust into CZO produces several major environmental

benefits, including recycling rather than

land disposal of the valuable constituents in EAF dust,

and reduction in the mining and processing of scarce and non-renewable natural resources (and

the associated energy savings).

28

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1.

The Big River Zinc adjusted sfandard for crude zinc oxide.

On April 15, 1999,

(he

Board granted a petition submitted

by

BRZ for crude zinc ox}de

material produceci from the HTl\1R processing of EAF dust.

H

(The Board amended the adjusted

standard

on

May 6, 1999, by removing

the

constituent concentration specifications and

r~vising

the zinc oxide sampiing requirements.) See

Exhibitl!

for copies of the decisions. The Board's

findings

in the BRZ adjllsted standard opinion and order are relevant precedent for HRO's CZO

because CZO, like the crude zinc oxide in the BRZ adjusted standard, is produced from the

HTMR processing

of EAF dust (and smaller quantities of other zinc-bearing material). CZO and

BRZ's zinc oxide are similar in constituent composition.

U

CZO and BRZ's zinc oxide ?re u:;ed

to produce zinc products.

T~erefore,

the BRZ adjusted standard for crude

zin~

oxide strongly

supports HRD's petition

for an adjusted slandard for CZO.

More specitically, CZO meets the adjusted standard criteria for vinualiy the same reasons

as BRZ's zinc oxide:

c; The degree of HTtvrn. processing of CZO is substantial, and significantly increases

the value

of the recycied EAF dust. The degree of processing ofBRZ crude zinc

oxide likewise

is substantial. See Big River Zinc CorporatiQ,D (AS 99-3), April 15,

1999, slip op. at 12 (Board determination that HTMR processing is substantial in

terms of both the process and iiS effect on EAF dust).

H

L~

re Petition of Big River Zin.LCorporation for an Adjusted StandM,d Under 35 III. Adm,

Code 720.13 Hc) (April 15, 1999, amended May 6, 1999), AS 99-3. The crude zinc oxide is

referred to as "EAF dust zinc oxide" in the Board's opinion and order.

Jl

For example, the AmeriSteel EAF dust zinc oxide included in BRZ's petition contains, 011

average, 59.5% zinc, 7.5% lead, and 8% chlorides. HRD's CZO contains, on a\'crage, 5S.S%

zinc, 3.6% lead, and 4.5% chlorides. Compare Big River Zinc Corporation (April IS, 1999), AS

99-3, slip op. at 7 with

Exhibit

3 of this Petition.

29

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•

Once HRD recycles EM dust, its value is nearly the 52-me (approximately S200) as

the purchase price for crude zinc oxide that BRZ will purchase from AmeriSteel

.s_~

id_ at 13 (BRZ's zinc oxide has significant value).

e HRD's CZO, like BRZ's zinc oxide, is chemically similar to zinc concentrates

produced

from mined ores, and both materials typically require removal of some

constituents before

final processing (i.e., roasting the mined concentrates to remove

sulfur,

and calcining CZO to remove salts). See id. at 13 (EAF zinc oxide is similar

to

mined zinc sulfide concentrates and can be substituted for the mined concentrates)

•

End markets for CZO are guaranteed; likewise, BRZ's contract

with

AmeriSteel

provides

an end market for

a

comparable zinc oxide material. liLat 13-14

G Finally, HRD's CZO and the

BRZ

zinc oxide are managed in an environmentally

protective manner

from initial production through end use

to

guard against product

loss.

Yd. at

14.

In summary, since HRD's CZO and the BRZ crude zinc oxide are similar products, used

similarly as substitutes for zinc concentrates produced

from ore, and are managed in an

environmentally protective manner, the Board's adjusted standard for

BRZ

strongly supports this

Petition,

and confirms the commodity-like nature ofCZO.

2.

Other variances from the definition of solid waste.

HRD is aware of two other promulgated variances from tile

ReRA

definition of solid

waste for commodity-like zinc products. First,

in September 1998, the Tennessee Department of

. Environmental Conservation

("TDEe"')

granted a variance to AmeriSteel for its crude zinc oxide

product (which

is the same zinc oxide product that is the subject of the BRZ petition for an

adjusted standard). TDEC evaluated AmeflStecl's crude zinc oxide when sold "for

fur1h~r

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processing into high-grade zinc

oxidi~."

See

Exhibit

J

2. TDEC determined that the crude zinc

oxide satisfied

all applicable criteria for a commodity-like material, and the criteria applied to

AmeriSteel are identical

to

ilJe criteria applicable here. Since AmeriSteel's crude zinc oxide and

HRD's CZO are similar products, used similarly

as substitutes for zinc concentrates produced

from ore,

and are: managed in an environmentally protective manner, TDEC's variance for

AmeriSteel's crude zinc oxide supports HRD's Petition for

an adjusted standard fOT CZO.

In the third reh::vant variance, the U.S. EPA applied the federal variance criteria (which,

as noted in this Petition, are identical to the criteria applicable here) in 1991 to promulgate a rule

that excludes from the definition

of

~olid

waste a material known as "splash condenser dross

residue"("SCDR"). SCDR

is produced from the processing ofEAF dust in HTl\1R processes

that contain splash condensers.

56 Fed Reg. 41164, 41173 (Aug. 19,

i

991). Applying the

criteria,

U.s EPA determined that the SCDR: (I) results from substantial processing; (2) is sold

for value (or reprocessed on-site

to re:cover additional zinc; (3) contains zinc concentrations

comparable to other non-waste source5 (i.e.,

50 to 60 percent zinc); (4) is guaranteed an end

market;

and (5) is handled safely up to the point of final reclamation. U.S. EPA's exclusion for

SCDR directly supports this Petition. Like SCDR, CZO is produced from the processing of

K061. Like SCDR, each of the factors set forth in the regulations is applicable to CZO.

Therefore, the SCDR exclusion supports HRD's Petition for

an adjusted standard for CZO.

3.

An adjusted slandard supports statutory resource recove!)' and waste

minimization mandates.

An adjusted standard for CZO used as a substitute for zinc concentrates

~roduced

from

mined ore supports the resource recovery and \vaste minimization mandates

of RCRA. ar,d the

Act by encouraging the recycling

orEAF dust and other zinc-bearing secondary materials

Sr_~

4

i 5

ILCS S/2(a)(iv), S/20(c); 42

USc.

§ 6902(a)(6); see also n6, supra, at page 10 The

31

---

e"' ou" ge n" nl of recye

Ii

ng is "r' leva nt" to an adju sted st andar d proceeding as a result oft he

pU'1'oses u nd erl yi ng U. S. EP

A'

s ori gi na I promu Igat ion of the provis io n on which the Board's

authority is based.

u.s.

EPA has stated HTMR's resource recovery and waste minimization benefits in clear

terms:

The use ofHTMR is alsO consistent with national policy, identified in

[RCRA and its amendments] to reduce

the quantity of hazardous

.eonstituents disposed. Since

HTMR is a technology that recovers valuable

constituents from waste materials, there is typically no increase in the

volume

crthe waste residuals resulting from recovery treatment. ... In

addition, because metalS are

being recovered instead ofland disposed,

they

do not have to be processed from ore concentrate; this saves energy

and poHution of another

50urce.l§

.

Recycling zinc from EM dust produces several clear environmental benefits

•

Over 4 million

IOns of EM dust have !,een recycled to date by HTMR technologies

in the United States, recovering over 600,000

IOns of zinc and other valuable metals

that otherwise would have been wastefully disposed of in \andfl\\s

•

Conserva. ion of mi II ions of tons of domest ic zinc are reserves an nua II

y.

S u

Ifr

de zi n c

ore; contain between J and 5 percent zinc on average, compared with an average of

20 percent zinc in EM dust and nearly 60 percent zinc in CZO. Thus, one ton of

CZO contains approximately as much zinc as more than 10 tons of zinc ore

•

Reduces the need for importation of z.inc concentrates.

•

Rosults in lower energy costs compared with mining and processing of virgin zinc

ores.

l§

U.s EP t\, B est De mo n st rat cd A vai lab leT echno logy (B D AT) B a,kgrou nd D oeu me n

I

(Acid",,".,m ) For All Non",astew.1er Farms of K061 at J-l S (lull' (992).

32

I

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1

---

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Zinc rcc:yc1ing promotes sustainable development, especially because zinc, unlike many other

materia!:s, is

~~l1able

of repeated recycling with little or no deterioration of its chemical and

physical pI ,- ...... <.!s ..

l1

Indeed, 36 percent of the world's zinc supply comes from recycled zinc.

See A Pocket Guide to World Zinc

(Exhibit

13). In the United States, the federal govenment

has estimated that, with increasing recovery, recycled zinc will account for

~o

percent of total

consumption

by 2000. An adjusted standard for CZO will create additional incentives to recycle

EAF dust in an environmentally protective manner, thereby further supporting the resource

conservation

and waste minimization mandates of Illinois and federal law,

CONCLUSION

HRD's valuable CZO product is produced and sold as a process substitute for zinc

concent;-ates produced

from mined ore. CZO meets all of the criteria for an adjusted standard

from the definition of a solid waste for a commodity-like material because CZO: (i) is

substantially reclaimed from hazardous waste; (ii) has substantia value; (iii) is a substitute for

zinc concentrates produced from mined ore; (iv) has a guaranteed end market; and (v) is handled

to minimize or eliminate product 10:5s. Moreover, an adjusted standard for CZO is consistent

with the BRZ

a.djusted standard for EAF zinc oxide, as well as variances from the definition of

solid wa$te issued by other regulatory agencies. An adjusted standard also will encourage

recycling

of EAF dust, conservation of natural resources and reduced energy consumption

(thereby promoting

sustainabl~

development HR.D therefore respectfully requests the granting of

this Petition for an adjusted standard for CZO produced from the recycling ofEAF dust, as .,vell

11

Additional information from the International Zinc Association explaining the bcneflt:> of zinc

recycling worldwide is included at

Exhibit

13 of this Petition

33

---

as smaller quantities of zinc-bearing hazardous and non-hazardous ',vaste feedstocks, at HRD's

HT~1R

Facility-

Respectfully submitted,

HORSEHEAD RESOURCE DEVELOPMENT

COh-1PA.l~,

INC.

By:

Paul E_ Gutermann

Akin, Gump, Strauss, Hauer

&

Feld, LLP

1333 New Hampshire Avenue, N.W., Suite 400

Washington, DC 20036

(202) 887-4000

John

N.

Moore

Law Offices

of John N. Moore

200 North LaSalle Street, Suite 2200

Chicago, IL 60645

(312) 782-9503

Date: July

20, 1999

-

34

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0 ___ .... 111. ____

1&_ •• - IIiIZIIS

__ "P.ldlllltlllQ •

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CERTIFICATE OF SERViCE

I, the undersigned, on oath state that I have served the foregoing PETITION FOR

A.;,'\;

ADJUSTED ST MTDARD upon the following

in

the manner indicated below, this

20lh

day

of

July, 1999:

Dorothy

M.

Gunn, Clerk

llIinois Pollution Control Board

100

West Randolph Street -

11 iii

Floor

Chicago, IL 60601

(HAl'-.TI DELIVERY)

Robert Lawley

Chief Legal Counsel

Depar1 ment of Natural Resources

524 S.

Second Street

Springfield,

IL 62701

(FIRST .CLASS MAIL)

Peter Orlinsky

Assistant Counsel

Division ofLega\ Counsel

Illinois Environmental Protection

Agency

1701 South First Avenue, # 600

Maywood, II. 601 S3

(FIRST.CLASS MAlL)

---

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EXHIBIT 4

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EXHIBIT 5

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_E

.

crn.

UNIT PROCESSES OF

EXTRACTIVE METALLURGY

ROBERT D. PEHLKE

The University of Michigan

Ann Arbor. Michigan

AME:RICAN ELSEVIER PU8L1SHlNG

COMPANY

rr~c.

New Yor'k London Amsterdarn

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."c ..

AMERICAN ELSEVIER PUBLISHING COMPANY, INC.

52 Vanderbilt Avenue, New York, N.Y. 10017

ELSEVIER PUBLISHING COMPANY

335 Jan Van Galenstraat, P.O. Box 211

Amsterdam, The Netherlands

© American Elsevier Pu blishing Co., Inc., 197

J

All rights reserved.

No part of thil publication may be reproduced,

stored in

l

retrieval system, or transmitted

in any form or by any means., electronic,

mechanical. photocopying. (l:.cording.

or otherwise. without permission in

writing rrom the publis.'ler,

American Elstvier Publishing Company. inl;.,

52 Vanderbilt Avenue. New York, N.Y. 10017.

Library of

C()r.g~5:S

Cataloging in Publication Dew

Pehlke, Robert D

~nit

processes of extractive metallurgy.

Includes bj.bliographical references.

1. Metallurgy. I, Title.

TN665.P422

669

72~872l0

ISBN 0-441+-00130-1

Manufactured

in

the United States of Amt!ricQ

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16

Unit Processes oj Extractive M elallurgy

Kllln.lnlllUlllllL

I

Fig. 2-7. Dwight-Lloyd Sintering Machine

I

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.

Source:

Lurt]i Manual,

Lurgi GE:Sellschafteu, Frankfurt (Main) GermlillY, June 1901, p. ISO.

&nler-roast

0 ffers an

~dvantage

over the previously described roast.ing pro-

cesses in that. agglomeration of the Y'oa..c;ted mr.teria.i

is

a.ccomplished. The btast

furnace r<'!quires a. suitably large particle size, and hence irofi and lead sulfide ores

are sinter-roasted. This process is usually carried out on a Dwight-Lloyd sintering

m&.Chine, as sho'WU in Fig. 2-7. Roasting is accompanied by incipient fusion, which

produces a poroU3 cinder-like material called sinter.

The DV.1ght-LIoyd sinte.ring machine, which " .. as developed more than 50

years

lUl;o,

consists of a series of pallets or grates mounted on an endless

tr~k.

The concentrate

is

charged

to

a depth of about 6-20 in. on the pa.llets, which move

over wind bOi'e5 at 2-3 ft/min. Combustion of the bed is initia.ted on its surface by

a bumer, s.nd the combustion

is

maintained and carried through the mass of the

chr-rge by the air

drawn

through the conce'nt.ra.te

to

the wind box below, which is

co~eted

to-&

~u~t.iGn

fan .... ltemiively higb. .. temperatures (900-12QO°C, are de-

veloped

in

the material, causing it to fuse into

fl.

compact mass. After the sinter has

reached the end of the maehineit

is

dL<;ch{U'ged, cooled, aDd size'i to provide a.

uniform product. Fines from the sizing operation are retu.>ned as c11a.rge material

In sint.er-roasting, the suUur

in

the ore acts as

e.

fuel. The

l~latively

high

temperatures

Il1ld

oxidizing conditions usually provide low sulfur contents, particu-

larly for the roasting of pyrite (FeSt) or pyrrhotite (F'eS). In the case of low sulfur

or oride ores, fuel is a.dded. The latter case is referred to simpiy as sintering 2nd

is

used

in

particular for preparation of charge material to the iron blast furnace.

2-3 Sintering

The requirement for coarse charge ma.terial for the blMt furnace necessitates

agglomeration of fine ores. One method for agglomera.ting finps

is

by sintering.

Sintering

i.~

the procesSor heating fine materials

to

a.n elevared temperature without

complete fusion such that the smnll, solid particlE',s in contAct with one a.nother

adhere s.z:.d. agglomerate into larger, more useful pa.-ticles. The predominant.

mechanism

in

the action of sintering are surface diffusion and incipient fusion, and

both occur

in

the commercial sintering or ore.

The sintering of large quantities of materiEll is often necessary in the operation

r

--·-·--------·------~

__

Ul_aaA'i_. ilIIi' ....

_:a ___

Ill!iZWfiIllll!l.

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PyrometaUurqy

[;

ROMting-Agglo17leration-Calcination

17

of

11

InQtuliurgica,l plailt. This process proyide.s nn opportututy to UBe nne material,

and often makes a particular process

fe~ible

by converting ava.i!able fine materiab

to su a.gglomerated form for use 2.S

v.

charge material. Sintering is sometimes ca.rried

out in rotary kilns .or by batch processing on sinter pans or hearths. Flow of air

through the er,a.rge may be by updraft or dO\rndJ'aft methQd,s, but thl:! predomirumt

industrial technique for sintering Qre is on 3. moving hea.l th. as with the D\\ight-

Lloyd continuol.l!i sintering machine. As origirnlly designed for processing copper

ore.s, the :mlfide fine.'3 were distributed in a. thin layer a:ong a traveling beit madE; up

of

grAt~.

The charge

W~

ignited and

~he

tiUlfur burned Qyt of the ore as air was

dra\\-'n through the charge by large

f!l.l'1.~.

The fines fused tOgl!thl!f, forming

ii

5tronl;

sinter cake that was desirable for charging to a blast furnace. The busic diffc-rence

between the processing of sulfide ores and the sintering of oxide-ferrous ores is the

self-contained fuel of the sulfide mo.terial. In the processing of hematite or magnetite

finest carbon in the form. of coal or coke has to be added to provide fuel for the

sintering proCe.3S.

The utilization of the Dv.;ght-Lloyd machine (Fig.

2~i)

in the processihg of

ir<n~

QTf?

is essentially the same as {or nonferrous sulfide ores. A schematic diagram

of an iron

of~ ~illterini:

p\aIH is

l<im~'.!

i!1 Fig. 2:8.

It

iH evid.mt th!l.t

!.ill

imPQrtMt

part of the sinter plant is

th~

rnixing system that blends the fine ores, limestone,

Mke, plu.'! the fiues returned fl'Offi the Einter stnmd. The charge

mix

is loaded onto

I.he moving gratcs of the sintt:ring machine, where

~t

passes under a. burner that

igW~

tht: btl\..

Air

III

dra.Vr'Il

th."Q~Bh th~

burnins

bed by

~h(l

s\l.t,:thw,

~Y~Wrn

below, ".

'nl

1._-

Fig. 2-8. ltoL\ Q;e Sin\ering Plant (0' Prep.n.ralion of 3eIC-Huf.wg

Sil\l~r

11

'-'I

Source:

l.urgi MantvU.

Lurgi

Cesel!:lc..~arten.

Frankfurt (MW1) GeiT:\l.\nY. June 1961. p. 151.

.",., 111 .... .'1 .. .'.

e.5!ii~IIiN-·

___

.h--'- -

--'w-

iiiilil:iiiiiftwlii=a(a

.

iWaw:'W.Wii.Ui

---

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.

... /,

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18

U

nit

Processes of Extractive M

etaUurgy

and at the end of the strand the sinter drops off the pallets, where it is cooled and

screened. The undersize particles are then returned to the sintering process as

recycle.

The

fuel requirement

for the sintering of iron oxide ores ranges from

Er-8%

coal or coke, and is relatively independent of the material to be sintered. The opti-

mum for the fuel requirement varies slightly and depends upon whether or not

chemical reactions are involved in the sintering procec:..s. The presence of appreciable

amounts o£ limestone or water will require additional fuel, anu may depress the

maximum temperature achieved. Variation in the carbonate or moisture content of

the

sinter mix will give a. variation in the width of the hot wile that moves down

through

the ore bed. In normal downdra.ft sintering, the combustion of the fuel in

the

sinter mix

is

initiated in the upper levels of the sinter bed, The hot combustion

gSSe.'l are pulled downwa.rd through t.he bed and preheat the sinter cha.rge,2 The

presence of water iu the sinter mix .... -ill limit" the incresse in temperature of the

sinter bed until the water

is vaporized. The presence of carbonate, such as limestone

that is charged to self-flll,ong sinter (se{: Pyrometallurgy III), wUl result ina

broadening of the combusion frout that follows the heat front down through the bed.

O~----------~---------::----:--I

-- Standanl Sinter

Ctla~t

---- Sinter Chal"9! Corrtain-

II ', ....

I

~

.2

2r

............ """

--

--

---------..... ,

<:

... ""

~

)'

/'

\

i

/~

,'"

,~

".'

"

I

..'

I

,

I

,r~

..

'

____

~!

____

~

___

~

__

~

__

~

o

200

400

e:oo

800

1000

1200

Temperature. o(

1600

Fig. 2-9. Tf'mperature Distribution (or Two Sinter Mixes.

(Combustion is occurring approximately at the midpoint of the bed)

18. Eketorp,

STEEl,Ai AKI NG, The Chipman C(!fIfermce,

p. 180,

~UT

Press. Cr.mbridge.

MMS .• 1965.

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Pyrometallurgy I,' Roasling-Agglomeration-Calcination

19

Figure 2-9 shows the influence of the presence of a large amountof calcium carbonate

in the charge. The peak temperature of the bed is decreased and the width of the

hot zone is increased. A well-defined planar front should oceul' in sintering, as

illustrated by the sol.id line in Fig. 2-9.

The engineen'ng relationships

fOl' design of sintering operations

are based on flow

of air through porous beds. Of particular importancE. is the bed permeability, \\'hich

often

can be determined by laboratory sintering tests.'" In commercial

o~rations,

1 to

3~

tOIlS

oC

material

~an

be sinter-ed per square foot of hearth area per day on a

D

..... ight-Lloyd sintcriul:, .nachine. A

d~rease

in fuel requirements could be achieved

through the usc of preheated air supplied from a closed hood over the sinter strand.

Up to 40% of the thermal energy required for sintering c1I.n be supplied by fuels

such as flue gus, natural gas, or fuel oil burned in a hood above the sinter machine.

With this "mixed firing process," the mechanical and chemical properties of the

sinter can be improved.

5

Control

of the sintering of iron ores by the D\\;ght-Lloyd process is of particular

importance as the productivity of the iron blast, furnace increases. The control of

materiai flow and suitable proportioning of raw materials to provide a chemically

uniform

sinter

mix

is

oC

prime importance. Maximum utilization of the sinter stra.nd

requires

control

of

the "burn through" point such that combustion is completed

just as the sinter reaches the discharge end of the strand. The temperature in the

wind box often can be used to moniUx this "burn through" point.s

---

HRD _

PALtv1ERTON. PA

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EXHIBff

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EXHIBIT 7

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2

EXHIDIT7

I!£,scription

Summary ofEAF dust processing capacities in Europe, Japan, and the

United States. From Kola, "Steel Industry Dust: Solving

of a Problem by

Recycling" (1993).

Letter from Ling Wong to Tom Theobald (Nov.

5, 1998).

~I

__

~~

___ .... _ ...... ; ...

_______ .al_IIIII ______

IIIMIIIIITTIJIOI __ MLZII!IJQIIIIi_ID __

m ____

l1li7 _______ * __ ..... ___ .....

---

I

I

---~----~----~-~---

- .

----------.

---_. __

.. - .--

Treatment of EAF-dust

SHS

0

Company

ASER S.A.

Rec~tech

SA

B.U.S Malali GmbH

B.U.S ZinkrecycUng

Nuova Samim

__

S.p.A.

l

Europe

-------

City/Country

-- ---

...... ___ _ _________ _

. Bilbao, Spain

flO

000

FouQUleres lez

lens. Fiance

80 000

Ouisbufg. Gerrnany

55 aoo

Freiberg! Gennany

45 000

Ponte

Nossa, Ualy

65 000

---

325000

H"tmeji Steel

Himeji, Japan

i<~neko

Trading

Sekijo

35000

40000

60000

50000

60000

60000

Mitsui Mining &: Smelting Mllke

Toho Zinc

Onahama

Sotetsu

Aizu

Sumltomo Metal Mining Shisaka

Japan

305 00Ct

Aonda Steel

Jackson, Tennessee

7 000

HAD

Palmerton

l

Pensylvania

245 000

laclede Steal

North Star Steel

Nucor

ZiA Technology

USA

Calumet, Illinois

10 000

Rocxwood, Tenessea

ao

000

AJton~

illinois

36 000

Baaumont

9

Texas

27 000

Bly:thevms+ Arkansas

11 000

Caldwell, i8xas

27 000

503000

Process

\"iaeiz

Waeiz

Waelz

Waelz

'IJaelz

Waelz

Waeiz

Half Shaft

Bec. Fum.

Waslz

Waelz

Tetronic

Waelz

""aslz

Wasiz

8karn

Flame reactor

Tetronic

Rotary Red.

I

flO. 13

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November 5, 1998

i

0:

Mr. Tom T'boobtUd

335 M4dison A venue

New York, NY 10017

Tel: 212-81Su8186

F~ 212~81

s..S502

Zinc Corporation of

Ameri~

c.c.

WLl'.

Mike Helms

From: Ling

Woos

rrOCHU International

RE : W AELZ OXIDE

We.ue pleased

to

provide the data on watlz: oxide

pnx:ha::~n

in Japan

Ai

you have

requesttd.

SwnJtgmQ.Meta.I 1.t.".ullng Cg" Ltc.L: SliliJl}gjima

p~

1.

Loc4teci

on an i8Wl.d oeu Shikoku

with a.tUlllIl

""~

oxide pt\'Xi'.lCtiOD of70,OOO

WMT.

:2. Cum:nt!y producina 2.5,000 DMT of ZNO

(~

calclnod conceatra.tc) and supplrioi

H'Mim.a

plam where

~

metal

is

being recycled.

3.

H.!uima's

capacity

is

$0,000 DMT.

4.

~

plant, loomed

in lkrim.a

City, Hyougo

Prefectwc

(near Kobe),

is

owned

by

Sumftomo MeW

Mining

Co.~

Ltd

Mitsui MmJ Mining,.Cg,.

Lta .•

MiikeJ:lnm

1. Located

in

Fukuoa.Kyu,sh\l with i.IlIlTlAl w&eh oxide production of 70,000 'W'MT.

2. Currently

produ.;in.g

25,000 DM! ofZNO aad supplying P'..aehinoht pbmt where zinc

met.a.J

is

recycled.

3.

Hacbioobe

plan%,

~

in

Aomori Prefecture, is jollitiy

owned by

Mitsui (uu.in

portion), Sumltomo, Toho IlIld MItsul;<i9bi

hliL

?

Me

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November 5, 1998

W AELZ

OXIDE

Page 2

of2

~~~~~~~~~y~

I.

WMr.

Plan,

i,

10<.:ll«! in Hici.ji l'teiocture v.ith annlJal ''' ••

It

o>tide production o(

48,QOO

2.

plant

C'urn.nry

when:

Pt"Oducing

z:Inc

lMw.l

17.000

is

~clod..

OMT

lNO and SUpplying

Hui_

plan' 4IId HBI:binohe

3.

in

Himeji

H.imejj

Ste<j

Prefecture

Rellning

are~

Co.

IsJOin~y

o"ncd by

-.ral

d«trie tIu-n..cc ""'" Pmducer,

~

1.

P~on

l'J.nt ;. lOCal«!

of

50,000

in

A12u

WMT.

City

I

Ful:Usbim. Prefecture)

With

""',u.l waelz oxide

2.

CU'":ntly

producing

17.000

DM!"

lNO. mainly (or 0"",, cOflSlUllprion I<>

8_

P°Wder:r:ino

oldde -..jlh balan"" being sold 10 Hac_I,. pl."t

~

I,

prodUction

Plant

Is

loc~d

of

SO.OOO

hi

~

WMT.

I

F~

P"",,,!\lte)

With

Bmm2J ' ..... 1z oxide

2. OWnef! by TCho

line

Co., Ltd.

3. In addition 10 !e:ycliog zine.!bey are dso

~

cadmium 3JU! iead.

We

hope

this inforrnatIoo proves helpful

10 you.

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EXHiBIT 10

---

-- ..... IIJEJ ... -- __ ..

IIiii __

i

I'IrII

........

.

k

Con~tituenl

ZCAfBalm~t

~n

5"'-57

S «(otal)

29.5-32.5

Fe

4.6-{).O

Typica! Mined Zinc Conctntrate Assays

(%

weight unless noted)

I

,

IsC2\' Cruz

I

Minn()'\a1Qli~hcc

I

Red Dog

A~arco/Lcad"'iIle

San Vicente

!

31-:n

130=32

-1

32

J

i

4.5-6.0

I

j{)5-I1.5

I

1.5

I

15~.9

I

i 51

~

!

:l3.3

I

I

.'.1,."

.. " ....

I

8.7

I 10.8

I

! -

<;4-57

i

I 4R-50

I

I (,!

I

I

1

-j

S

I

.O

1

1

.

('

,--.

") 0

I

.

2

!

:

,

I.

2

I

;

~.

~

0

-~."

~

/.

i-I

I

I 0

.-

?

I

Mt!~__

J 0.5-1.3

0.10

1

0

.

03

1

OO~-O03

1-

1

0

.

7

fPb- ...

-~-·-rO.3-O.9----TO:-3~--·TO-05-------1-2~

!

i

1.4-1.6

iLl

'l

CaO

0.4-1.0

1

0

.

1

!

O.O~

I

0.05-0.10

I -

112

J

Cu

0.03-0.2

0.3

109

i

0.07-0.10

I

0.4-0.6

i

0.04

I

1

---1

.

,

I Cd

0.10-0.14

0.09

lo.p

i

0.25-0.35

~25-<>.J

~

,

1<0.002

1

0

.

02

I

Ni

<0.001

I

0.003-0.007

I

<0.005

I-

I

Ti

<0.001

I 0.002-0.004

I -

Ci

<0.01

1<0.01

ISppm

I

0.01-0

()7.

I -

1-

I

0.2

~

I

!

I

I-

1

AIzOJ

,

<0.03

0.1

0.3

! 0.05-0.50

004

I 0.10

10.04

I

0.03

I

0.OOi-O.008

I

Ml"I

I

! -

! -

1

As

<0.02

0.02

194 ppm

i

i

0.03-0.08

0.01

0,04

Cr

! -

-

120

I

ppm

i

O.Oi-O.04

I -

1

0

.

009

I

!

He

e

0.017

5 ppm

10.7

ppm

! 50-120

ppm

I

<0.01

1

ppm

Ag

40gIMT

1.64ozlt

15.7 gJ1vrr

I

3.0-4.0ozlt

I

3.5-5oz)t

I

38

g11\.1T

I

Sn

<0.005

,

0.005

380

ppm

I

0.002-001)'1

-

0.009

I

F

~ource:

ZCA and

0.04

zinc concentrate

<0.01

brokers

12

ppm

i

0.002-0.005

-

lOOWMf

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EXHIBIT 11

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ILLINOIS POLLUTION CONTROL BOARD

April 15, 1999

IN THE MATTER OF:

)

)

PETITION OF BIG RIVER ZINC

)

AS

99-3

CORPORATION FOR AN ADJUSTEC'

)

(Adjusted Standard - RCRA)

STANDARD UNDER 35 ILL. ADM. CODE)

720.131(c)

)

LEE R. CUN,\jINGHAM AND RICHARD

M.

SAINES OF GARDNER. CARTON

&

DOUGLAS APPEARED ON BEHALF OF PETITIONER:

end

CHRISTOPHER P. PERZAN APPEARED ON BEHALF OF THE lLLINOIS

ENVIRONtvlENTAL PROTECTiON

AGENCY.

OPINION AND ORDER OF THE l30ARD (by

K.M.

Hennessey):

Petitioner

Big River Zinc Corporation (BRL..) operates an electrolytic zinc refinery in

Sauget. St. Clair County, Illinois. BRZ uses various zinc-containing materials as feedstock for

its refinery. One of the zinc-containing materials that BRZ would like to use is recovered

from dust emitted from electric arc furnaces used to produce steel. This secondary zinc oxide

material would ordinarily

be considered a "solid waste" and a "hazardous 'waste" under the

Resource Conservation and Recovery Act (RCRA),

42

U.s.c. §§

6901

et seq.,

and

corresponding Illinois hazardous waste laws and regu13tions. BRZ would like to use this

secondary zinc oxide material without becoming subject to Illinois' hazardous waste

requirements.

A') •

To that end, BRZ has filed a petition for an adjusted standard under 35 Ill. Adm. Code

720 .13l(c). Section 720.131 (c) allows the Board to determine that certain materials are not

solid wastes, and therefore not hazardous wastes. if they meet certain criteria. BR2. asserts

that zinc oxide material recovered

from electric arc furnace dust (EAF dust) by a high

temperature metals recovery process meets these criteria. BRZ also proposes several

conditions

on the adjusted standard. The Illinois Environmentai Protection Agency (IEPA)

recommends that the Board grant the adjusted standard, subject to certain conditions.

The

Board finds that BRZ has established that zinc oxide material recovered from EAF

dust

by

a high temperature metals recovery process is not a solid waste. The Board therefore

grants BRZ's petition for

an adjusted standard, subject to the conditions <;et forth in the order

that follows this opinion.

PROCEDURAL HISTORY

On September 24. 1998, BRZ filed a petition for an adjusted standard, subject to

conditions. On October! 5. 1998. the Board accepted this matter for hearing and on

J _fi!!rI!!!!!fMli

r

m

iF_J&££i

:aa:CZL

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2

October 1

t

j,

1998. IEPA fiied a response to the petition. In that response, IEPA recommended

that thr

B03rd grant SRZ's request for an adjusted standard with conditions, subject to certain

additional conditions.

On OClOber

27,

1998. BRZ filed a reply in which

it

proposed new and

modified conditions on the adjusted standard. including the conditions that IEPA requested.

1

Hearing Officer John Knittle held a hearing on the adjL!sted standard petition on

December 17. 1998. BRZ presented one witness, whom the hearing officer found to be

credible. BRZ also introduced four exhibits, each of which the hearing officer admitted.

Z

At

hearing, BRZ proposed to amend one of the conditions

it

had proposed for the adjusted

standard. Tr.

at 5-6: Exh. 4. Counsel for lEPA stated at hearing that IEPA agreed to all of

the conditions that BRZ had proposed both before and at hearing. Tr. at 24. IEPA offered no

testimony or exhibits. The parties chose not to file posthearing briefs.

LEGAL FRAMEWORK

The status of materials

as Uso!id wastes" is significant because ur.der the laws and

regulations that Congress

and the United States Environmental Protection Agency (USEPA)

have established, only those materials

that are "solid wastes" can be regulated as "hazardous

\vastes" under RCRA

and corresponding IllinOis hazardous waste Jaws and regulations.

Accordingly. materials

that are not solid wastes are not subject to Illinois' hazardous waste

regulations. which impose various requirements

on persons who generate, treat, store, dlspose,

recycle. or transport hazardous waste. See

35 III. Adm. Code 722-726, 728.

Generally, a solid waste is any dIscarded material. See 35 Ill. Adm. Code 721.102. A

solid waste is a hazardous \ .... aste if

it

exhibits a "characteristic" of hazardous waste

U. e.,

it is

toxic, corrosive, ignitab!e, or reactive) or if

it

is "listed" as hazardous waste

(e.g ..

it

comes

from a specific type of process, such

as electroplating). See 35 Ill. Adm. Code 721.103,721.

Subparts C and D.

BRZ would like to reclaim zinc from zinc oxide material that has been recovered from

EAF

dust

without becoming subject to Illinois' hazardous waste regulations.

Exh.

3 at 2,21.

BRZ

asks the Board to determine that zinc oxide material recovered from EAF dust with a

high temperature metals recovery process, which

the Board will refer to as "EAF zinc oxide,"

is not a solid waste. BRZ seeks this detennination under 35 Ill. Adm. Code 72C.131(c). That

provision establishes standards

and criteria for the Board to use in determining whether certain

materials are not solid wastes. See

35 Ill. Adm. Code 720.130(c). Section 720.131(c) reads

as follows:

I

BRZ' 5 petition, which was entered into eVidence at hearing as an exhibit, is cited as "Exh. 3

at _." The parties treat !3RZ's reply as part of the petition and the Board will consider it as if

it

was entered into evidence at hearing with the petition. However, for clarity. the Board cites

BRZ's reply as "Reply at _." IEPA's response is cited as "Resp. at _."

2

The transcript of the hearing is cited

<IS "Tr.

at _." Hearing exhibits are cited as .. Exh. _."

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:3

The Board will delermine that those materials thaI havl: beer. reclaimed but must

be reclaimed fllrther before recovery is completed are not solid wastes

if.

after

initial reclamation,

the resulting material is commodity-like (even though it is

not yet a commerciai product, and has to be reclilimed further). This

determination will

be based on the following cri,eria:

1)

The degree of processing the material has undergone and [he degree of

further processing that is required:

2)

The value of (he material after it has been reclaimed;

3)

4)

5)

The degree to which the reclaimed material is iike an analogous raw

m3!eri3!:

The extent to which an end market for the reclaimed material is

guaranteed:

The

exte!1t to which the reclaimed material is handled to minimize loss:

and

6)

Other relevant factors. 35 Ill. Adm.

Code

720.131(c).

FINDINGS OF FACT

In this section of the opinion, the Board sets forth its findings of fact regarding

(1)

zinc, (2) BRZ's current operations, (3) EAF dust, (4) EAF zinc oxide, and (5) BRZ's

proposed operations.

Zinc

In 1997. the total world production and consumption of zinc was approximately 8.5

m:llion tons. Zinc

caf1

be used to galvanize products: to produce brass; to create alloys used to

produce such items as door handles and carburetor parts: to create chemicals such as zinc

powder for alkaline batteries

and zinc oxide; to coat steel; and for various other 1Jses. Exh. 3

at 3, Au. Bat 5. The average annual growth in consumption of zinc in the western world was

2.4% from 1988 to 1997. Exh. 3, Att. Bat 1. The price of zinc is established

by

supply and

demand on the London Metals Exchange (LME). Exh. 3 at 3.

BRZ's Currrnt Operations

BRZ's Products

BRZ operatp.s an electrolytic zinc refinery in Sauget, St. Clair County, llIinois. Exh. 3

at 1, 7. BRZ currently produces approximately

105,000

tons of zi!1C per year. Exh. 3, AIL

J

at 2.

S.L

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4

pans. and produce zinc oxide

(e.g.

Exh. 3. Atl. J at 2. BRZ

pound logs for large galvanizing liLes. BRZ produces special high grade quality zinc

(99.995% zinc). which is the most widely! ecognized standard for zinc. Depending on

customer

~pecifications.

BRZ also debases its special high grade zinc to produce alloys that

Exh.

3

at

19.

BRZ has long-term end

markets for all of its products.

Att.

N.

BRZ's Process

BRZ recovers zinc from

two

lypes of materials. the first

of

which

is

zinc sulflde

concentrates

that are mined. BRZ also recovers zinc from secondary zinc oxide material.

Secondary zinc oxide material

is a by-product of other industries that use zinc. including steel

mills. brass mills. brass

and bronze ingot factories. and galvanizers. The mined zinc sulfide

concentrates arrive

as wet filter cake: the secondary zinc oxide material arrives as wet f1lter

cake or as dry material in

"~llpersacks."

Exh. 3 at 2. 4. 10-11. 14. 17.20. At! J at 2.

In the first step of BRZ's process. BRZ may use an acid solution to remove magneSium

from the zinc sulflde concentrates to prepare them for further processing. Exh.

3

at

10-11.

Secondary zinc oxide material does not require this initial step. Exh. 3 at 10-11. 17-18. Att.

H.Jat2-3.

BRZ then processes zinc sulfide concentrates and secondary zinc oxide material in a

fluid bed roaster. The roasting step removes sulfur from the feed material. Exh. 3 at 12, 19.

AU. J

at

2.

BRZ then leaches the ro<:sted material ,0 separate zinc

and

various other metals.

From

the slurry that results. BRZ filters Ir.e solids. and puts Ihe remaining solution through

four purification stages. The purification process yields a purified zinc sulfate solution from

which zinc is recovered through an electrolytic process. The electrolytic process yields zinc

cathodes

t.hat arc of special high grade

qU? ;it'j

(99.995% pure zinc). BRZ then melts the

cathodes into one of six shapes

fo.

delivery to customers. Exh.

3

at

12-13.

19.

BRZ's refining process

produ~~s

a number of by-products. including sulfuric acid.

lead-silver concentrate. copper cement. copper-cobalt concentrate. cadmium oxide. and zinc

sulfate monohydrate.

BRZ has long-term end markets for these by-products. Exh.

3

at

12-13.

19-20.

3 In this opinion. when the Board refers to a percentage of a constituent in a materiel.

it

does

so

by

weight.

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, .... ,'17.. W"L.

!llrilRI' ,

5

EAF

Dust

EAF dust is a source of secondary zinc oxide material. EAF dust is generated in

electric arc furnaces. which producp. steel by heating steel scrap. These furnaces emit gases

that contain EAF dust. Air pollution control equipment

in these furnaces removes EAF dust

from

[he gases. These furnaces generated approximately 900.000 tons of EAF dust in the

United Slares in i997. Exh. 3 at 5. 13-14.

EAF

dust is composed of approximately 20% to 30% iron and 15% to 30% zinc. It

also includes other constituents such as lead. cadmium. chloride. fluoride, aluminum, calcium,

potassium, magnesium. manganese. sodium. and silica. Because

of

its

high iron content and

other impurities. zinc cannot

be recovered directly from EAF dust in most. if no! all, zinc

smelling and refining operations. Exh.

3 at 5. 13-14 .

In 1996, nearly 40% of the EAF dust generated in the United States was disposed of in

landfills.

Exh. 3

at

6.

It costs approximately

S80

per ton to dispose

of EAF dust.

Exh.

3

at

16.

EAF Zinc Oxide

Wh:le zinc cannot

be recovered directly from EAF dust in most zinc smelters and

refineries, zinc oxide material recovered

from EAF dust can be processed in zinc smelters and

refineries. Zinc oxide material can be recovered from EAF dust when the

dust

is put through

a high temperature metals recovery

(HTMR)

process.

HTMR

units include rotary kilns. rota!)1

hearth furnaces, plasma furnaces. and electric furnaces. Exh.

3 at 6-7. 10,

AtL F.

H.

HTMR

processing increases the levels of zinc, lead,

and

cadmium

in EAF

dust. These

changes

are desirable in the zinc refining process. HTMR processing also lowers the le\'els of

constituents that are considered contaminants

in the zinc refining process

(e.g ..

iron, calcium.

magnesium, alumina), except for sodium, chloride. fluoride.

and potassium. Exh.

3

at

10. 18,

Alt. H.

In

1994.

apprOXimately 1.2 million tons of EAF dust per year was processed

worldwide, mostly

to produce zinc oxide material.

Exh. 3

at 18.

An.

L. EAF dust processing

is done in a variety of

HTMR

units and the resulting zinc oxide material

is

sold primarily

to

produce zinc, but also to produce zinc chemicals.

Exh. 3

at

18, Au.

L. Several facilities in

the United States produce or are capable of producing EAF zinc oxide. Exh. 3 at 6. 18. Att.

L, M. Markets for EAF zinc oxide exist in North America. Asia, and Europe. Exh. 3 at 19.

Once EAF dust has been through the HTMR process. the value of the resulting zinc oxide

material approaches

the value of mined zinc sulfide concentrates (currently $250 to $300 per

ton). Exh.

3

at 8.

16-17,21.

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JUry'.

",

1'-1

6

SRZ would like to purchase EAF zinc oxide. Tr. at 13: Exh. 3 at 1-2,6. BRZ intends

to use the material as feedstock for its zinc refinery. Exh.

3

at

1, 8.

EAF zinc oxide can

substitute

fOI and supplement mined zinc sulfide concentrates. Exh. 3 at 2, 14. After washing

EAF

zinc oxide (described be

I

0"',,) , SRZ pians to use the materia! in the same manner it uses

the mined zinc sulfate concentrates. The products and by-products from EAF zinc oxide

would

be essentially indistinguishable from those of the mined materials. Exh.

3

at

16, 19,

21,

Not all zinc oxide material recovered from the HTMR processing of EAF dust would

be suitable feed for BRZ's refinery. Exh 3. at 7. To be economical for BRZ, EAF zinc oxide

must meet the following specifications (on average):

>

50% zinc:

<

20% lead:

<

5% iron:

<

4% total gangue materials (silica pbs calcium plus magnesium): and

<

2% chloride

or

cdpaJlc of being water washed

to

achieve

<

2% chloride.

Exh. 3 :.:. 7.

For BRZ to be able to wash EAF zinc oxide to

<

2% chioride, the feed should arrive at SRZ's

faCility with

<

13% chloride. Reply at 5-6, Att. O. In addition, BRZ could accept EAF zinc

oxidE produced during the three-month start-up period of an HTMR unit with up to 7% iron.

Tr. a

5-6: Exh. 4.

AmeriSteel. Inc..s HTMR Process

One of

the companies that processes EAF dust with an HTMR unit is AmeriSteel, Inc.

(AmeriSteel). AmeriSteel

Is a steel ITlanufacturer located in Jackson, Tennessee. AmeriSteel's

HTMR unit

is a rotary hearth furnace. Exh. 3 at 8-9.

To process EAF dust, AmeriSteel first mixes the dust with a source of carbon

(commercial grade

coal or coke purchased on the open market) to form briquettes. The carbon

acts

as a reducing agent. AmeriSteel places the briquettes in the rotary hearth furnace to

recover both zinc oxide material and an iron materia!. Materials that volatilize at lower

temperatures vaporize

and leave the furnace in a gas stream. These materials then oxidize,

form a solid, and are collected in an air pollution control device called a baghouse. This

material collected

in the baghouse is EAF zinc oxide. Tr. at 18-19: Exh. 3 at 9-10; Reply at

3. Au. P. Once AmeriSteel achieves full capacity, it is expected to produce apprOXimately

9,600 tons per year I)f EAF zinc oxide from the 24,000 tons of EAF dust that Arneristeel

generates annually.

Exh. 3 at 10.

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7

AmeriSteel's EAF Zinc

----.

Oxide

AmeriSteel's HTMR precess increases the zinc content of EAF dust from 20-25% to

59.5%. increases the lead content from 3%

to

7.5%. increases the cadmium content from

0.05% to 0.1 %. and decreases the iron content from 19-24%

to

0.1 %. ArneriSteel's HTMR

process lowers the levels of constituents that are considered contaminants in SRI's refining

process. except

for sodium. chloride. fluoride, and potassium. Exh. 3 at 10. 18. Att. H,

K.

BRZ

has determined that. except for the chloride level

of

the material. AmeriSteel's

EAF

zinc oxide is an ideal feed for its zinc refinery. Exh. 3 at 8. Ameristeel's EAF zinc

oxide is chemically similar to mined zinc oxide and zinc sulfide concentrates:

c

onstltuent

I

M'

me

de

oncentrates

I

A

men~

's

lee

r

s

EAF

.

-,

I

Zinc Oxide

r--

I

t

Zinc Oxide

Zinc Sulfide

%

zinc

54

59.1

59.5

r-

%

lead

4.9

1.2

7.5

I

%

cadmium

0.38

0.5

0.1

~

I

%

96

cOJ?2.

iron

er

0.02

2.5

0.3

1.5

0.1

~

~

-

0.1

i

%

sulfur

<1

31

<1

1---

%

arsenic

.7

<0.02

<0.01

t

I

% calcium

2.4

1

0.05

%

silica

14.8

0.8

0.02

r--%

%

magnesium

alumina

0.6

2.7

-

0.1

0.4

0.02

0.01

%

sodium

N/A

<0.02

3

%

chloride

0.07

<0.1

8

% fluoride

0.03

0.05

0.15

Exh. 3

at

14. 17. Att. D. H,

K.

With thp exception of chloride and fluoride, AmeriSteel's

EAF zinc oxide also

meets typical zinc refiner specifkations for zinc sulfide concentrate blends

and falls within the range of secondary feed specifications that zinc refiners have established.

Exh.

3. Atl. F, H, K.

EAF

zinc oxide produced by AmeriSteel and others has levels of zinc comparable to

that of mined concentrates. Exh. 3 at 17. Att. D. H.

K.

If used in BRZ's refining process.

EAF

zinc oxide would have chemical advantages and disadvantages compared

to

mined

concentrates. The primary advantages of EAF zinc oxide are that

it

is higher in lead than

mined concentrates and lower in sulfur than mined zinc sulfide concentrates AmeriSteel's

EAF zinc oxide has the additional advantage of being lower in iron than mined concentrates.

Exh. 3

at 14. l'l-18. AtL

D, H.

J at 3. K.

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WA2Sa

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EAF zinc oxide has two primary disadvanrages when compared (0 mined concentrates.

First.

EAF zin-: oxide has higher levels of sodium. chloride. fluoride. and potassium. which

are present as inorganic salts. While EAF zinc oxide can be introduced directly to BRZ's

roaster.

inorganic salts in the material could corrode BRZ':; refining equipment if their levels

are not firsi reduced. However. as discussed below. BRZ plans to wash EAF zinc oxide to

reduce its levels of incrganic salts. Tr. at

13-17:

Exh. 3 at

11.14.17-18.

AlL D. H. J at

3,

K.

The second primary disadvantage of EAF zinc oxide is that it may be in the form of

dry dust rather than wet filter cake. Exh. 3 at 14. The dry dust is more difficuit to handle.

Exh. 3 at

14.

Aft. J at 3. As discussed below. how/?ver, BRZ's washing process will tum this

dry dust into wet filter cake that BRZ can then put through its refinery equipment.

BRZ's

Proposed OperatJons

EAF zinc oxide is expected to arrive at BRZ's Sauget facility in the form of dry dust.

BRZ plans to keep

th~

dl)'

EAF zinc oxide totally enclosed from unloading until washing.

BRZ has designed a materiai handling/wash system to h,md!e that material. Exh.

~

at

14.

20.

An.

J

at

3-4.

On September 22, 1998. IEPA granted BRZ an air pollution control permit

to

construct the system. The construction pennI! limits emissions of particulate matter from the

handling/wash faCility to 1.68 tons 0" .; 'Jr. Exh. 2; Exh. 3,

kr.

J.

Dry secondary zinc oxide material is expected to arrive at BRZ's Sauget facility in bulk

or in supersacks. Approximately 90% of this material is expected to arrive

by

rail. BRZ

plans to unload railcars of the bulk material through ventilated air slides to silos equipped with

High-Efficiency Particulate Air (HEPA) filters. Ultimately, BRZ plans to add four silos. each

with a capaCity of 1.5 railcars. BRZ proposes to locate the silos on concrete or asphalt pads

that BRZ could wash into a sump. BRZ plans to pump the sump contents into t.he washing

process.

Exh. 3 at 15. Att.

J

at 4.

Supersacks of the material are expected to arrive

by

boxc",r or truck. BRZ plans to

leave supersacks in boxcars for intermediate storage. The boxcars would be unloaded at a

cQvered loading dock that is to be attached to the washing plant. Supersacks that arrive

by

tn.Jck would be stored inside the washing plam. BRZ would be abJe to store approximately

150 tons of that

l~::tp.rial insid~

the washing plant. Exh. 3 at 15, Att. J at 4.

BRZ plans to use a truck to move the supersacks to a supersack discharge station to

empty them. BRZ proposes to maintain the discharge station urlJer negative pressure to avoid

fugitive emissions. BRZ would vent the discharge station through a baghouse to coliect any

secondary zinc oxide material. Exh. 3 at 15. Au.

J

at 5.

BRZ proposes to convey the secondary zinc oxide material (from

tr~

silos and the

supersack discharge station) in an enclosed, ventilated conveyor (or by pneumatic conveyor) to

a tank where BRZ would mix the material with water. BRZ proposes to pump the resulting

slurry

into a washing tank. BRZ plans to add soda ash to the washing tank to raise the pH to a

%

m

riM

ar..a:

7

as

e

,

.~

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level that would not dissolve zinc and ether heavy rncl:ds but ,,;ould dissolve the inorganic salts

that could corrode BRZ's refining equipment. Exh. 3

at

II, IS-i6, An. J at 5.

After washing. BRZ proposes to create wet mlcr cake

by

removing water from the

slurry with a pressure filter. SRZ plans to transport the fil!el" cake by enclosed conveyor belts

to the concentrate storage building. In the concentrate swrage building, BRZ wv'.lid blend the

washed secondary zinc oxide material

with

zinc sulfide concentrates to create feed fer the

roaster, after

which

the material would go through rhe refining process outlined on page four

of this opinion. Exh. 3 at 15-16. Att. J at 5.

Some producers of EAF zinc oxide may wash the material before delivering it to BRZ.

In that case. the material would arrive at BRTs Sauget facility as wet filter cake. which BRZ

can har,dle

in the same rranner that

it

currently handles filter cake feed material. Tr. at 14-15:

Exh.

3 at 14.20. Typically. the largest suppliers of secondary zinc oxide material pither wash

rhe material at their fJcilities to produce wet filter cake or Ship the material as dry dust in

pneumatic traih:fs. Smalier suppliers typically package the secondary zinc oxide material in

s'Jpersacks.

Exh. 3,

At!.

J

at

4.

BRZ's Proposed

~Oll!ract

With Amer-iSteel

BRZ and AmeriSleei have reached agreement on contract terms under which BRZ plans

to buy AmeriSteel's full production of EAF zinc oxide. Tr. al

17-18:

Exh.

3

at

8.

Att. G 01

1.

AmeriSteel's fuJI monthly production is estin:a!ed to be approximatp!y 800 tons. Exh. 3. Art.

G. Under the contract. the price of EAF zinc oxide is based on a percentage of its zinc

content and the LME price for zinc. Exh. 3, Atl. G at 2. Because EAF zinc oxide can

substitute for

and supplement BRZ's milied zinc sulfide concentr3tes, BRZ would pay

AmeriSteel a high percentage of what

it

would normally pay for mined zinc sulfide

concentrates. Exh.

3 al 8.17. BRZ is willing to pay a price for EAF zinc oxide that far

exceeds

its co':t of freight. Tr. at 13: Exh. 3 at

17.

The AmeriSteel contract would be effective upon execution and continue until

December

31

of the year following the year in which BRZ begins commercial operation of its

washing plant. Thereafter, the contract would continue from year to year "with annual

negotiation of the terms

to renect current market conditions." Exh.

3,

Att. Gat

1-2.

As

proposed. either party could cancel the contract by giving the other party 180 days notice of

canceEation. Exh 3. All. Gat 2. AmeriSteel has indicated that it will not execute the contract

W~mtil

all regulatory issues have been resolved. including this odjusted standard proceeding.

~

Tr. at

17-18;

Exh.

3

at 9.

DISCUSSION

In this section. the Board first discusses whether EAF zinc oxide is a solid ',vaste. The

B03rd then discusses whether

the provision under which BRZ s(;eks this determination is

available in this case. Next.

the

Board evaluates each of the factors upon which this

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dctenninalion is based, Lastly. the Goard discusses the conditions thaI apply to this

determination,