IN THE
    MATTEROF:
    )
    )
    PETITION
    OF
    WESTWOOD
    LANDS
    )
    INC. for
    an
    ADJUSTED
    STANDARD
    from)
    portions
    of 35
    Ill.Adm.Code
    807.104
    and
    )
    35
    III.Adm.Code
    810.103,
    or
    )
    in
    the
    alternative,
    A FINDING
    OF
    )
    INAPPLICABILITY.
    AS
    09-03
    (Adjusted
    Standard
    -- Land)
    CLERKSS
    OFFICE
    JUN
    222009
    Pollution
    STATE
    OF
    Control
    ILLINOIS
    Board
    To:
    (See
    attached
    Service List.)
    NOTICE
    OF
    FILING
    PLEASE
    TAKE
    NOTICE
    that on
    this 22
    day
    of
    June
    2009, the
    following
    was filed
    with
    the
    Illinois
    Pollution
    Control
    Board:
    Petitioner
    Westwood
    Lands
    Inc.’s
    Amended
    Petition
    for
    Adjusted
    Standard,
    which
    is
    attached
    and
    herewith
    served
    upon you.
    Elizabeth
    S.
    Harvey
    John P.
    Arranz
    Swanson,
    Martin
    &
    Bell
    330
    North
    Wabash
    Avenue
    Suite
    3300
    Chicago,
    IL 60611
    312.321.9100
    312.321.0990
    (facsimile)
    WESTWOOD
    LANDS
    INC.
    By:
    CERTIFICATE
    OF SERVICE
    I,
    the
    undersigned
    non-attorney,
    state that
    I served
    a copy of the
    above-described
    document
    to
    counsel
    of
    record via
    U.S.
    Mail
    at
    330
    North Wabash
    Avenue,
    Chicago, IL
    60611, at
    or
    before 5:00
    p.m.
    on June
    22,
    2009.
    [x]
    Under
    penalties as
    provided
    by
    law
    pursuant
    to
    735 ILCS
    5/1-109,
    I certify
    that
    the statements
    set forth
    herein
    are true and
    correct.
    eodIi
    BEFORE
    THE
    ILLINOIS
    POLLUTION
    CONTROL
    BOARD

    4376-001
    SERVICE
    LIST
    Westwood
    Lands,
    Inc.
    v.
    Illinois
    Environmental
    Protection
    Agency
    AS
    09-03
    (Adjusted
    Standard
    Land)
    William
    Ingersoll
    Division
    of
    Legal
    Counsel
    Illinois
    Environmental
    Protection
    Agency
    1021
    North
    Grand
    Avenue
    East
    P.O.
    Box
    19276
    Springfield,
    Illinois
    62794-9276

    4376-001
    CVED
    BEFORE THE ILLINOIS
    POLLUTION CONTROL BOARD
    0
    PICE
    JUN
    222009
    IN
    THE MATTER
    OF:
    )
    -
    PoI1u
    1
    ILLINOIS
    PETITION
    OF
    WESTWOOD LANDS
    )
    AS 09-3
    rltrol
    Board
    INC. for an
    ADJUSTED STANDARD from)
    (Adjusted Standard Land)
    portions
    of 35
    lII.Adm.Code
    807.104 and
    )
    35 IlI.Adm.Code
    810.103, or
    )
    in the alternative, A
    FINDING OF
    )
    INAPPLICABILITY.
    )
    AMENDED PETITION
    FOR ADJUSTED STANDARD
    Petitioner
    WESTWOOD LANDS, INC.
    (“Westwood”), by its attorneys Swanson
    Martin
    &
    Bell LLP, hereby
    submits its amended petition for adjusted standard.
    Background
    On March
    31, 2009, Westwood filed its petition for adjusted standard, or in the
    alternative,
    a finding of
    inapplicability. Westwood seeks
    a
    determination that the
    raw
    material used in
    its production process is not a “waste,” and that therefore Westwood
    does
    not need waste permits pursuant to the
    Board’s regulations.
    In the alternative, if
    the
    Board disagrees that the
    material
    used is not a waste, Westwood seeks an adjusted
    standard from
    portions
    of
    the Board’s waste regulations.
    On May 21, 2009, the Board
    issued
    an order directing Westwood to provide additional information in support of the
    petition. This
    amended petition addresses the questions asked
    by
    the Board in
    its
    order, and
    is intended to be read in conjunction with Westwood’s
    March 31, 2009
    petition.
    The sections in this amended petition
    coincide with the numbered
    sections of
    the Board’s
    order.

    Introduction
    Westwood will
    construct and operate
    a
    facility that will process steelmaking slag
    fines to extract
    the metallic
    content (metallic
    iron and
    iron oxides) from the fines. The
    metallic material is formed
    into briquettes and nuggets, and will be sold to steel
    manufacturers for use in the making of steel in electric arc
    furnaces. The briquettes
    and
    nuggets are not fuel for the furnaces;
    they are “raw material” and are made into steel.
    There are
    two commercial advantages to Westwood’s
    product: 1)
    because non-metallic
    materials have
    been greatly reduced during Westwood’s process, the
    nuggets
    and
    briquettes have a high
    level of
    metallic content and are efficient material for making
    into
    steel; and 2) the
    nuggets
    and briquettes are
    easy
    to handle and can
    be used
    in
    a wide
    variety of
    electric arc furnaces.
    Westwood’s process
    is completely enclosed, from the delivery of the steelmaking
    slag
    fines through
    the production process. The fines will
    be
    delivered to the
    facility and
    unloaded inside
    the production building. The fines are then put through three
    stages of
    size reduction;
    each stage has its own dust collection
    and related control equipment.
    After size
    reduction, the material is classified
    as
    coarse, medium, fine,
    and very fine
    fractions. The
    coarse fractions are nuggets, which range in size from 1/16
    of an inch to
    half an
    inch. The medium, fine, and very fine fractions are fed to individual
    magnetic
    drums,
    which separate the predominately metallic
    particles from the non-metallic
    particles. The metallic particles are subsequently
    combined with hydrated lime
    and
    molasses
    to create briquettes. All of these operations take place within
    the building,
    and
    are subject
    to
    a
    series of air
    pollution control equipment.
    Westwood
    continues
    to believe,
    as demonstrated in the adjusted
    standard
    2

    petition,
    that
    the material
    used
    in the
    production
    process
    is
    not a “waste.”
    (See
    Petition
    for Adjusted
    Standard,
    pp.
    2-6.)
    The material
    does
    not fit the
    regulatory
    definition
    of
    “waste,”
    and
    thus cannot
    be
    regulated
    as
    such.
    In the
    alternative,
    Westwood
    seeks
    an
    adjusted
    standard.
    Westwood
    provides
    this
    additional
    information
    at the
    request
    of the
    Board,
    to support
    that
    alternative
    request,
    without
    prejudice
    to
    Westwood’s
    demonstration
    that the
    material
    is not a
    “waste.”
    Section 1.
    The Board
    asks
    the
    effective
    date of the
    standards
    from
    which
    an
    adjusted
    standard
    is
    sought.
    Westwood
    seeks
    an
    adjusted
    standard
    from
    the following
    definitions
    of
    35
    lll.Adm.Code
    807.104:
    “facility,”
    “solid waste,”
    “solid
    waste
    management,”
    “waste,”
    and
    “unit.”
    Section
    807.104
    was first effective
    on
    July 27,
    1973.
    The
    section
    has
    been
    amended
    several
    times,
    including
    on
    September
    18, 1990.
    Westwood
    also seeks
    an adjusted
    standard
    from
    the following
    definitions
    of 35
    lll.Adm.Code
    810.103:
    “facility,”
    “landfill,”
    and
    “solid waste.”
    Section
    810.103
    became
    effective
    on
    September
    18,
    1990, and
    has subsequently
    been
    amended
    several
    times.
    Sections
    2
    through
    5.
    In
    Sections
    2 through
    5,
    the Board
    asks
    a series
    of questions
    about
    the
    applicability
    of
    specific
    provisions
    of
    Part 721
    of
    the
    Board’s
    rules.
    The
    steelmaking
    slag
    fines used
    by Westwood
    are not
    hazardous.
    They
    are not
    listed
    as a
    hazardous
    waste, and
    do not
    exhibit
    a characteristic
    of
    hazardous
    waste.
    See
    Exhibit
    C,
    attached.
    1
    The
    steelmaking
    slag
    fines are
    not
    classified
    as
    hazardous
    under any
    of the
    provisions
    of
    Part
    721.
    The steelmaking
    slag
    fines
    are
    not
    “solid
    waste”
    under Part
    721.
    Section
    1
    Exhibits
    A-F are attached
    to Westwood’s
    March
    31, 2009
    petition.
    3

    721.101(a)
    states
    that
    Part 721
    identifies
    “those solid
    wastes
    that
    are
    subject
    to
    regulation
    as
    hazardous
    wastes....”
    Section 721.101(b),
    “limitations
    on definition
    of
    solid
    waste,”
    provides:
    The
    definition
    of
    solid waste
    contained
    in
    this
    Part applies
    only to
    wastes
    that also
    are
    hazardous
    for
    purposes
    of the
    regulations
    implementing
    Subtitle
    C
    of RCRA.
    For
    example,
    it does
    not apply
    to materials...
    .that
    are
    not
    otherwise
    hazardous
    and
    that
    are recycled.
    (35
    lll.Adm.Code
    721.101(b)(1).)
    This
    provision
    applies
    to the
    steelmaking
    slag
    fines.
    The
    fines
    are
    not
    hazardous,
    and thus
    the definitions
    of
    “solid waste”
    contained
    in
    Part
    721 do not
    apply
    to
    the
    fines.
    Further,
    Part
    721,
    Appendix
    Z is
    a chart
    used
    to categorize
    materials
    as
    solid
    waste
    (or
    not solid
    waste)
    under
    Part
    721.
    None
    of the
    categories
    on
    the left-hand
    side of
    Appendix
    Z applies
    to the
    steelmaking
    slag
    fines.
    The
    fines
    are
    not
    a “spent
    material,”
    which
    is defined
    as a
    “material
    that has
    been used
    and
    as a
    result of
    contamination
    can no
    longer
    serve
    the purpose
    for
    which it
    was
    produced
    without
    processing.”
    (Section
    721
    .1 01(c)(1
    )(emphasis
    added).)
    The
    fines
    are
    not sludge,
    either
    listed
    or exhibiting
    a
    characteristic
    of
    hazardous
    waste.
    Likewise,
    while
    the
    steelmaking
    slag fines
    could
    be considered
    a
    “by-product”
    as defined
    by Section
    721.101(c)(3),
    the
    fines are
    not
    listed in. Sections
    721.131
    or 721.132,
    nor
    do
    they
    exhibit
    a
    characteristic
    of hazardous
    waste.
    Thus,
    the fines
    do
    not
    fit
    the
    “by-product”
    categories
    in Appendix
    Z.
    Finally,
    the
    steelmaking
    slag
    fines are
    not
    a commercial
    chemical
    product,
    nor are
    they scrap
    metal.
    None
    of the
    categories
    in Appendix
    Z
    apply
    to the steelmaking
    slag
    fines.
    The
    steelmaking
    slag
    fines
    are not
    listed hazardous
    waste.
    K177
    waste
    listed
    in
    Section
    721.132(a)
    applies
    to
    “wastes”
    from inorganic
    chemical
    production,
    not
    to
    4

    materials
    generated
    from
    steel
    production.
    Further,
    even
    if the
    K177
    definition
    applied
    to
    steel
    production,
    the
    slag
    fines
    are
    not “speculatively
    accumulated
    or disposed
    of,”
    as
    provided
    in
    the
    definition
    of
    K177
    wastes.
    Section
    6.
    The
    Board
    asks
    if the
    steelmaking
    slag
    fines
    constitute
    an Illinois
    special
    waste.
    They
    do
    not.
    Under
    the
    current
    “special
    waste”
    statutory and
    regulatory
    scheme,
    the
    steelmaking
    slag
    fines
    are
    eligible
    for
    self-certification
    by
    the
    generator (for
    example,
    U.S.
    Steel)
    that
    its
    industrial process
    waste
    is
    not
    “special
    waste,”
    pursuant
    to Section
    22.48
    of
    the
    Act.
    (415
    ILCS
    5/22.48.)
    The
    steelmaking
    slag
    fines,
    even
    if considered
    industrial
    process
    waste,
    do not
    fit
    into
    any
    of the
    categories
    (i.e.,
    liquid
    waste,
    contains
    asbestos
    or
    PCBs,
    delisted
    hazardous
    waste,
    decharacterized
    hazardous
    waste
    or
    a
    waste
    resulting
    from
    shredding
    recyclable
    metals)
    which
    would
    prohibit
    the
    generator
    from
    self-certifying
    the
    waste
    as non-special
    waste.
    Westwood
    will
    utilize
    only
    slag
    fines
    which
    have
    a
    certification
    from
    the
    supplier
    that
    the
    fines
    are
    not
    special
    waste.
    Section 7.
    The
    Board
    asks
    several
    questions
    about
    the
    parameters
    Westwood
    uses
    to
    evaluate
    whether
    specific
    fines
    are
    appropriate and
    useful
    for Westwood’s
    process.
    The
    most
    important
    parameter
    for
    Westwood’s
    process
    is
    that
    the
    steelmaking
    slag
    fines
    have
    a
    metallic
    content
    of
    50%
    or
    more.
    That
    level
    of
    metallic
    content
    is
    necessary
    for
    Westwood’s
    process
    to produce a
    saleable
    product. The
    exact
    amount
    of
    metallic
    content
    needed
    in
    the
    raw
    material
    (the
    steelmaking
    slag)
    can
    vary
    with
    market
    conditions
    such
    as
    the
    price
    of
    :metals.
    The
    metallic
    content
    of
    the
    raw
    material
    5

    obviously
    impacts
    the metallic
    content
    of the
    finished
    products.
    Under
    fluctuating
    market
    conditions,
    the
    amount
    of
    metal
    in
    the
    finished
    product
    needed
    to
    make
    the
    product
    saleable
    can vary.
    Therefore,
    it is not
    possible
    to
    establish
    a hard
    and
    fast
    percentage
    of
    metals
    needed
    in
    the
    steelmaking
    slag fines.
    However,
    a
    figure
    of
    50%
    or
    more
    is a
    general
    guide.
    The
    steelmaking
    slag
    fines
    are
    not
    hazardous,
    and
    Westwood
    will
    ensure
    that
    no
    hazardous
    material
    is
    included
    in the
    fines.
    Westwood
    has
    received
    test
    results
    from
    the
    generator
    of
    the
    steelmaking
    slag
    fines
    (U.S.
    Steel)
    that
    demonstrate
    the
    fines
    are
    not
    hazardous.
    Westwood
    plans
    to
    contract
    with
    suppliers
    in
    addition
    to
    U.S.
    Steel,
    and
    will
    require
    those
    suppliers
    to
    provide
    test
    results
    showing
    that
    the
    fines
    are not
    hazardous.
    2
    Requiring
    testing
    of
    each
    load
    of fines
    would
    render
    the
    process
    unworkable
    and
    not
    economically
    viable.
    Requiring
    test
    results
    of
    a representative
    sample
    of
    a
    supplier’s
    fines
    will allow
    Westwood
    to
    ensure
    that
    its raw
    materials
    are
    not
    hazardous.
    3
    In
    addition
    to
    ensuring
    that
    the steelmaking
    slag
    fines
    contain
    the
    appropriate
    metallic
    content,
    and
    that
    the
    fines
    are not
    hazardous,
    Westwood
    will
    also
    visually
    examine
    the loads
    for
    trash
    or
    any
    other
    “non-fine”
    material.
    If
    any load
    contains
    items
    other
    than
    steelmaking
    slag
    fines,
    Westwood
    will
    either
    remove
    those
    items,
    or
    reject
    the
    load,
    depending
    upon
    the
    circumstances.
    For
    example,
    and
    speaking
    theoretically,
    if a
    load
    contains
    a
    single
    piece
    of
    non-fine
    material
    (such
    as
    wood),
    it
    would
    be most
    2
    It
    is possible
    that Westwood
    will sometimes
    have the
    tests performed, of a representative
    sample
    provided
    by
    the supplier.
    Regardless
    of
    whether
    the tests
    are
    performed
    by
    the
    supplier
    or
    by
    Westwood,
    there
    will
    testing
    of representative
    samples
    of steelmaking
    slag fines
    from
    all suppliers.
    This
    procedure
    of obtaining
    test
    results
    of
    a
    representative
    sample
    is
    similar
    to
    the procedures
    used
    to
    test
    waste
    before
    acceptance
    at
    a
    landfill.
    6

    efficient
    for
    Westwood
    to
    simply
    remove
    that
    non-fine
    material,
    rather
    than
    reject
    the
    load.
    However,
    if
    there
    is
    a
    large
    amount
    of
    non-fine
    material
    in a
    load,
    or
    if
    Westwood
    has
    reason
    to
    suspect
    that
    the
    load
    might
    contain
    off-specification
    fines,
    Westwood
    would
    reject
    the
    load.
    Section
    8.
    The
    Board
    asks
    about
    the end
    market
    for
    the
    coarse
    fractions
    generated
    by
    Westwood’s
    process.
    The
    end
    market
    for Westwood’s
    product
    is
    the
    same
    regardless
    of
    whether
    the
    product
    comes
    from
    the
    coarse
    fractions
    or from
    the
    medium,
    fine,
    and
    very
    fine
    fractions.
    It is
    useful
    to
    visualize
    the
    bulk
    form
    of the
    coarse
    fractions
    as
    nuggets,
    which
    range
    in size
    from
    approximately
    1/16 of
    an inch
    to
    half
    an
    inch.
    Those
    nuggets
    will
    be
    sold
    for
    use in
    electric
    arc
    furnaces
    used
    for steelmaking. Quite
    simply,
    the
    extracting
    of
    the
    metals
    from
    the
    steelmaking
    slag and
    forming
    the
    extracted
    metals
    into
    nuggets
    allow
    those
    nuggets
    to be made
    into steel.
    The contract
    between
    Westwood
    and
    U.S. Steel
    (included
    as
    Exhibit
    A
    to
    the
    petition)
    includes
    provisions
    for
    U.S.
    Steel
    to
    purchase
    Westwood’s
    products.
    (See
    redacted
    Section
    10
    of
    Exhibit
    A, claimed
    as a
    trade
    secret.)
    4
    Westwood
    has
    had
    discussions
    with
    other
    possible
    purchasers,
    but
    has
    not- yet
    entered
    into
    formal
    contracts.
    Because
    Westwood
    cannot
    be sure
    when
    its
    facility
    will be
    permitted
    and
    operational,
    it is
    impossible
    for
    Westwood
    to
    enter
    into formal
    contracts
    at this
    time.
    Section
    9.
    None
    of
    Westwood’s
    end
    product
    will
    be
    used as
    soil
    amendment
    at
    abandoned
    mines
    or
    for
    land
    reclamation
    projects.
    Westwood’s
    product
    is
    much
    too valuable
    to he
    On
    March
    31, 2009,
    Westwood
    claimed
    trade
    secret protection
    for portions
    of the
    contract
    between
    Westwood
    and U.S.
    Steel
    (Exhibit
    A),
    and for
    portions
    of the
    correspondence
    between
    Westwood
    and Stein,
    Inc.
    (Exhibit
    C).
    7

    used in such a
    way; the
    product contains a
    high
    amount
    of metallic content, and
    will
    be
    sold for use in
    making steel in
    electric
    arc
    furnaces. Because the
    product.will
    be
    sold
    on
    the open
    market to
    steel manufacturers, and not used as
    soil amendment, Westwood -
    does
    not
    plan
    to
    work
    with state agencies
    on land reclamation or
    soil amendment
    projects.
    Westwood included the
    information
    that its raw material (the
    steelmaking
    slag
    fines)
    has
    been approved
    for such soil
    amendment use only to
    demonstrate that there
    should
    be
    no
    concern that the raw
    material is an environmental threat.
    Section 10.
    As
    discussed
    above in Section 8,
    the end market for Westwood’s briquettes is
    the same as
    the end
    market for the
    nuggets; they will be sold for use in steelmaking in
    electric arc
    furnaces.
    Westwood has an
    agreement with
    U.S.
    Steel regarding
    the
    purchase
    of Westwbod’s
    products.
    Westwood has pursued discussions
    with
    other
    potential
    purchasers, but cannot at
    this time enter into formal contracts because of the
    uncertainty
    about when the facility
    will be operational.
    Section
    11.
    The
    Board asks
    for information on
    the
    calcium magnesium silicate that will
    remain at
    the end of
    Westwood’s process. Roughly one-third
    (by
    weight) of the raw
    material
    (the
    steelmaking slag fines) will be usable product
    (the
    nuggets and
    briquettes),
    while
    the
    remaining two-thirds will be
    the calcium
    magnesium sulfate.
    5 The calcium
    magnesium
    sulfate is not
    a
    listed or hazardous waste; test results
    are
    attached
    as
    Exhibit H.
    Two
    landfills
    have already approved the
    calcium magnesium sulfate for
    disposal
    at
    their non-hazardous facilities.
    Westwood
    provided test results for the
    Westwood
    acknow’edges that its March 31, 2009 petition
    used the word “small” when describing
    the
    percentage of calcium magnesium
    sulfate remaining at
    the end of the process. That adjective
    should
    not
    have been
    used.
    8

    calcium
    magnesium sulfate
    to a Waste Management
    facility
    and to the
    Perry Ridge
    Landfill. Both
    facilities
    verbally
    indicated
    they would accept
    the calcium magnesium
    sulfate
    when Westwood’s
    facility becomes
    operational.
    In fact, it was one
    of the landfills
    that indicated the
    calcium
    magnesium
    sulfate may
    be approvable as
    cover material.
    Westwood
    may
    use
    landfills
    in Illinois, but would
    utilize any
    permitted landfill that
    makes
    economic sense.
    Disposal fees and
    other market
    conditions change,
    so that the
    landfill
    which makes sense
    at one time
    might not
    be the preferred
    disposal
    location
    at
    another
    time. Westwood
    needs
    the flexibility to
    respond
    to changing
    conditions in
    choosing
    the disposal
    facility. Of course,
    Westwood will use
    only permitted
    facilities.
    The
    calcium magnesium
    silicate is
    not
    an Illinois
    special waste. Under
    the
    current
    “special waste”
    statutory
    and
    regulatory scheme,
    the calcium magnesium
    silicate
    is
    eligible for self-certification
    by
    Westwood
    that its industrial
    process waste
    is
    not
    “special waste,”
    pursuant to
    Section 22.48
    of the Act. (415
    ILCS 5/22.48.)
    The
    calcium
    magnesium
    silicate, even
    if considered industrial
    process waste,
    does not
    fit
    into any
    of the
    categories
    (liquid waste,
    contains asbestos
    or
    PCBs, delisted
    hazardous
    waste,
    decharacterized
    hazardous waste
    or
    a
    waste resulting
    from
    shredding recyclable
    metals)
    which would prohibit
    the generator
    from
    self-certifying
    the
    waste as non-special
    waste.
    Westwood
    will self-certify
    that the calcium
    magnesium silicate
    is
    not
    a special
    waste.
    Section 12.
    Westwood
    noted
    in its
    petition for adjusted
    standard that it
    is possible
    the calcium
    magnesium
    silicate remaining
    at the end of the
    production
    process could
    be approved
    for use as
    landfill cover.
    One of the
    landfills that has
    verbally
    approved the
    calcium
    9

    magnesium
    silicate
    for disposal originally
    suggested
    that
    possible
    use.
    Westwood has
    not yet fully
    explored
    the testing
    and
    approval
    process, and
    has
    not determined
    whether
    it would
    be able to
    sell that silicate
    for
    cover.
    Westwood is concentrating
    on
    obtaining
    approval
    for its
    facility to operate,
    but will
    continue
    to explore
    possibilities
    for beneficial
    uses of
    the calcium
    magnesium silicate.
    Westwood
    believes there may
    be
    other
    uses of
    the silicate
    beyond
    landfill cover, but has
    not
    yet
    determined whether
    other uses are
    viable
    and
    approvable.
    For purposes
    of this petition, Westwood
    presumes
    that it will
    dispose
    of the
    calcium
    magnesium
    silicate at an
    approved landfill.
    Section
    13.
    The two buildings
    at the Westwood
    facility in
    Madison, Illinois,
    were constructed
    in 2006
    and 2007.
    That facility has
    not yet operated because
    of IEPA’s
    position
    that the
    facility needs
    local siting
    approval
    as
    a “pollution
    control facility”.
    6
    The facility
    is located
    at 4
    Caine
    Drive
    in Madison,
    and is on a parcel
    measuring
    4.94 acres. The
    area around
    the
    Westwood
    facility is zoned for
    commercial
    use.
    The
    Westwood
    facility
    will
    employ approximately
    12 people
    per shift, and run
    two
    shifts
    per
    day.
    Thus,
    the
    facility
    will create jobs
    for
    approximately
    24 people.
    Additionally,
    Westwood plans
    to contract
    with local trucking
    companies
    for the trucking
    of the
    raw materials
    (steelmaking slag
    fines) to
    the facility, and for
    the trucking
    of the
    finished
    product (nuggets
    and
    briquettes)
    to the purchasers.
    Thus,
    local truck drivers
    will
    have
    additional work
    as a result of
    the Westwood facility.
    The
    facility will
    have a
    complete
    system
    of
    air pollution control
    equipment,
    including
    cyclones,
    baghouses,
    bin vent
    filters, and stacks.
    Please note
    that
    6
    As
    noted
    in
    Westwood’s
    petition, the
    facility
    will
    need an
    air permit
    before it operates. This
    petition
    is
    limited to
    “waste”
    issues, and does not
    involve the air permit.
    10

    Westwood’s
    process is conducted
    inside,
    so
    that
    dust
    or
    particulate
    matter
    generated
    by
    the
    process
    are fully
    contained
    and
    routed
    through
    the
    air
    pollution
    equipment.
    The
    primary
    dust
    collection
    system is
    Baghouse
    #1.
    Fines
    from
    Baghouse
    #1
    will
    be
    routed
    to
    a second
    baghouse,
    and
    the
    fines
    from
    that
    second
    baghouse
    will
    be routed
    to
    Baghouse #3.
    There
    will also
    be
    bin
    vent
    filters
    on
    the silos
    used
    to
    store
    the raw
    material,
    and
    the airstream
    that
    results
    from
    transporting
    of
    the
    end
    product
    within
    the
    enclosed
    facility
    will
    also
    be vented
    through
    a
    bin
    vent
    filtering
    system.
    Westwood
    will
    obtain
    an
    air
    permit
    prior
    to
    operating.
    Details
    of
    the
    air
    pollution
    control
    equipment
    will
    be
    approved
    by
    IEPA.
    Section
    14.
    As
    explained
    in the
    petition
    for
    adjusted
    standard
    (see
    page
    7-8)
    and
    above,
    Westwood’s
    process
    occurs
    entirely
    within
    its
    production
    building.
    This
    includes
    storage
    of
    the
    fines
    before
    processing.
    The
    incoming
    fines,
    which
    arrive
    by
    truck,
    are
    unloaded
    within
    the
    building
    and
    stored
    inside
    until
    used
    in
    Westwood’s
    process.
    The
    entire
    production
    process
    occurs
    inside.
    After
    the nuggets
    and
    briquettes
    are
    complete,
    they
    are
    stored
    on
    a large
    pad,
    which
    will
    be
    covered.
    Because
    the
    fines
    used
    in
    the
    process,
    as
    well
    as
    the
    finished
    product,
    are
    not
    stored
    outside and
    are
    not
    exposed
    to
    the elements,
    there
    is no
    need
    for
    stormwater
    runoff
    permits.
    There
    may
    be
    some
    misunderstanding
    about
    the
    statement
    of the
    mayor
    of
    Madison
    that
    the
    facility
    is located
    adjacent
    to the
    area
    where
    slag
    may
    be
    stored.
    (See
    Exhibit
    D.)
    The
    mayor’s
    reference
    is
    to
    the
    area
    where
    slag
    is
    currently
    stored
    on U.S.
    Steel’s
    property,
    not to
    storage
    of slag
    on
    Westwood’s
    property.
    The
    Westwood
    facility
    is
    located
    nearby
    to
    the
    U.S.
    Steel
    facility,
    which
    results
    in efficiencies
    in
    transporting
    11

    the
    slag
    to
    Westwood. The slag
    is unloaded
    at Westwood
    inside the
    building, and
    stored in hoppers
    until use
    in the
    production process.7
    There
    are no piles of slag
    at
    Westwood, and
    thus no
    concern about
    the
    height of the piles
    or exposure of
    the slag to
    the
    elements.
    Section
    15.
    The Board asks
    about
    the
    testing
    Westwood
    would require or
    perform
    to
    determine
    whether steelmaking
    slag
    fines
    from
    sources
    other
    than U.S. Steel
    are
    acceptable.
    Westwood
    would
    obtain t.he same
    information
    from .other
    suppliers
    as
    it has
    from U.S.
    Steel. As
    previously
    described in
    Section 7, the
    most important
    parameter to
    Westwood’s
    process
    is that the slag
    fines have
    a
    metallic content
    of approximately
    50%
    or
    greater.
    Of
    course,
    Westwood
    would require
    the
    same
    testing to demonstrate
    that
    the
    fines
    are
    not hazardous
    as
    it obtained
    from U.S.
    Steel. As described
    in Section
    7,
    Westwood
    will
    obtain
    test
    results for a
    representative
    sample of any supplier’s
    fines
    (U.S.
    Steel or
    any other
    supplier) to ensure
    that the fines
    are not hazardous.
    This is
    similar
    to the
    process used
    for disposal of
    waste
    at
    a
    landfill, where a representative
    sample
    is
    tested in
    advance of
    disposal.
    No
    steelmaking slag
    fines will be used,
    from
    any
    supplier,
    without
    testing of a
    representative sample.
    Section
    16.
    Westwood
    believes it
    is
    unnecessary to
    include,
    in the
    language
    of the adjusted
    standard,
    conditions
    specifying
    the parameters
    of acceptable slag
    fines. As explained
    in
    Section
    7, the
    metallic content
    required for
    Westwood’s
    process
    to
    produce a
    saleable
    product may
    vary over
    time, depending upon
    market conditions.
    Thus,
    Westwood estimates
    that
    slag stored in its hoppers
    will be used in its
    process
    in
    a week or less.
    The slag
    will
    not be
    stored
    long-term at Westwood.
    It is to Westwood’s
    benefit to use the
    slag in
    its
    process
    as
    quickly
    as
    possible,
    so
    it
    is
    not storing raw
    material for which it has
    paid.
    12

    including
    a
    specific
    percentage
    of
    metallic
    content
    in
    the language
    of the adjusted
    standard
    would
    limit
    Westwood’s
    ability
    to respond
    to
    changing
    market
    conditions.
    Conversely,
    including
    a percentage
    of
    metallic
    content
    in the
    adjusted
    standard
    would
    not
    result
    in
    any environmental
    benefit.
    Of
    course,
    Westwood
    would
    agree
    to
    language
    that the
    steelmaking
    slag
    fines not
    be hazardous
    or contain
    asbestos,
    PCBs,
    or a
    listed
    hazardous
    waste.
    8
    Westwood
    would
    reject
    a load
    if that load
    contained
    a
    large amount
    of
    trash
    or
    material
    that
    is
    not steelmaking
    fines.
    Additionally,
    Westwood
    would
    reject a load
    that
    appeared
    materially
    different
    than
    steelmaking
    slag
    fines ordinarily
    used
    in the
    process,
    or if
    Westwood
    had
    any
    other
    reason
    to
    believe
    the fines
    were
    hazardous,
    or
    contained
    asbestos,
    PCBs
    or
    a listed hazardous
    waste.
    It should
    be noted
    that it
    is to
    Westwood’s
    benefit
    to
    ensure
    that
    it
    uses
    only
    raw
    materials
    (steelmaking
    slag
    fines)
    that
    are
    suitable
    for its process,
    and
    do
    not
    contain
    other
    materials
    that
    are
    hazardous,
    contain
    asbestos,
    PCB5,
    or
    listed
    hazardous
    waste.
    Westwood
    is
    committed
    to
    complying
    with
    environmental
    standards
    and
    regulations,
    and to
    running
    an
    efficient
    operation.
    In
    order
    to achieve
    those
    goals,
    and
    in order
    to
    produce
    a
    saleable
    product
    in
    an
    economically-
    efficient
    manner,
    it is
    essential
    to
    Westwood
    that
    it
    use
    only steelmaking
    slag
    fines that
    meet the
    parameters
    of
    the
    representative
    samples.
    As
    described
    in
    Section
    7,
    requiring
    testing
    of each
    load of
    fines
    received
    at
    Westwood’s
    facility
    would
    render
    Westwood’s
    process
    unworkable
    and
    not
    economically
    viable.
    Westwood
    requires
    suppliers
    of fines
    to
    provide
    test results
    of a
    representative
    sample
    of
    steelmaking
    slag
    fines,
    so
    that Westwood
    can
    ensure
    that
    its
    8
    Westwood
    believes
    those
    limitations
    are
    already
    presumed
    in
    the
    proposed
    language
    of
    subsection
    (4),
    that Westwood
    operates
    its
    facility
    in
    compliance
    with other
    provisions
    of
    the
    Environmental
    Protection
    Act,
    but would
    agree that
    limitations
    be more
    specifically
    spelled out.
    13

    raw
    material
    is
    consistent,
    non-hazardous,
    and
    contains
    the
    metallic content
    needed
    for
    Westwood’s
    process.
    9
    This
    process
    is
    simHar
    to the
    representative
    sample
    process
    used
    at landfills
    in
    Illinois:
    landfills do
    not test
    each and
    every
    load
    of
    waste
    coming
    into
    the facility.
    Instead,
    they
    require
    testing
    of a
    representative
    sample
    of a waste
    stream,
    to
    ensure
    that
    waste
    stream
    can be
    disposed
    at their
    facility.
    Westwood
    does
    not in
    any
    way
    admit
    or
    imply
    that
    its
    facility
    is a
    “landfill”:
    it
    is
    a
    production
    facility, and
    not a
    “disposal”
    facility.
    Westwood
    uses
    this example
    only
    to
    demonstrate
    that
    there is
    no
    need
    for
    testing of
    each load
    of fines
    received
    at Westwood’s
    facility.
    If
    Westwood
    finds,
    after
    slag
    fines
    arrive
    at its facility,
    that
    the slag
    fines
    exhibit
    a
    characteristic
    of hazardous
    waste
    or
    contain
    asbestos,
    PCBs, or
    a listed
    hazardous
    waste,
    Westwood
    will
    reject the
    load
    and return
    the
    fines
    to the
    supplier.
    Westwood
    would
    agree to
    such
    a condition
    in the
    language
    of
    the
    adjusted
    standard.
    Westwood’s
    costs
    to achieve
    the
    proposed
    adjusted
    standard
    are
    similar
    to
    the
    costs
    necessary
    to
    operate
    its
    process.
    Because
    the proposed
    adjusted
    standard
    would
    exempt
    Westwood’s
    facility from
    the
    specified
    definitions,
    there
    are no
    additional
    costs
    of
    achieving
    compliance
    with
    the
    adjusted
    standard.
    The
    costs
    of testing
    the
    steelmaking
    slag
    fines
    will sometimes
    be borne
    by
    the
    supplier.
    Where
    Westwood
    undertakes
    the
    testing
    of representative
    samples
    provided
    by the
    supplier,
    Westwood’s
    costs
    do not
    increase
    as
    a
    result
    of the
    adjusted
    standard
    because
    Westwood
    will
    undertake
    that
    testing
    in
    any
    event.
    Westwood
    would,
    however,
    be
    faced
    with
    huge
    costs
    if
    it
    does
    not
    obtain a
    finding of
    inapplicability
    or
    an adjusted
    standard.
    In those
    events,
    Westwood
    would
    be
    As noted
    above,
    it is
    possible
    that Westwood
    would
    arrange
    for testing
    of a representative
    sample
    provided
    by
    a supplier.
    Regardless
    of who
    performs the
    testing,
    no fines
    will be used
    without testing
    a
    representative
    sample.
    14

    forced to obtain
    local
    siting
    approval
    and
    to
    comply with the myriad
    requirements
    of the
    Illinois
    solid
    waste regulations.
    Obtaining local
    siting approval
    is extremely expensive,
    as the
    Board is aware.
    The fee for
    filing a
    siting
    application is
    often more than
    $100,000,
    and
    the
    costs of proceeding
    with
    a
    siting
    hearing are equally
    high.
    Having
    to
    obtain local
    siting approval
    and comply
    with
    the
    Illinois
    solid waste regulations
    would
    almost certainly
    render it
    economically impossible
    for Westwood
    to construct
    and
    operate its proposed
    facility.
    Section
    17.
    In Section
    17, the
    Board asks several
    questions
    about
    IEPA’s approval for
    steelmaking
    slag
    to be used as a
    soil amendment in
    mine
    reclamation
    projects.
    As
    Westwood has
    previously addressed
    in this amended
    petition
    (see
    Section
    9),
    Westwood included
    the information
    that steelmaking
    slag from U.S. Steel
    had
    been
    approved
    for a
    specific
    soil amendment
    use only to demonstrate
    that the
    raw material
    used
    in Westwood’s process
    is not an environmental
    threat.
    Westwood’s
    end
    product
    will not be used
    as a soil amendment
    or for
    land reclamation.
    Westwood
    had no involvement
    in the approval
    process for the use
    of
    steelmaking
    slag
    fines as a soil
    amendment, and•
    cannot
    answer
    specific
    questions about
    that
    approval.
    Because the use
    of steelmaking slag
    fines as a soil amendment
    is not
    related
    to
    Westwood’s process
    or to the use
    of its product, the
    testing
    or
    types
    of slag used
    are
    not
    directly
    relevant to this
    petition. Based
    on
    the correspondence
    approving
    the use,
    however,
    IEPA agreed that
    the use
    of
    steel
    slag fines
    as a soil amendment
    is a “not
    otherwise
    prohibited use,”
    and therefore
    is
    allowed
    under 35
    IlI.Adm.Code817.101(c).
    (See
    ExhibitF.) Section
    817.101(c)
    provides that
    Part 817
    does
    not
    apply to “the
    not
    15

    otherwise
    prohibited
    use of iron
    and steelmaking
    slags, including
    the use
    as a base
    for
    road building,
    but not including
    use
    for land
    reclamation
    except as
    allowed
    under
    subsection
    (e).”
    Section
    18.
    V
    The Board
    notes
    that the
    unredacted
    portions
    of
    contract
    between
    Westwood
    and U.S.
    Steel discuss
    different
    types
    of steelmaking
    slag fines.
    The
    Board
    asks which
    types of
    slag fines will be used
    in Westwood’s
    process.
    Westwood will
    purchase,
    from
    U.S.
    Steel, all
    types of steelmaking
    slag
    fines discussed in
    the
    contract:
    desulfurization
    slag
    fines,
    steel slag fines, and
    ladle
    metallurgy
    facility (LMF)
    slag. All
    of those types of
    steelmaking
    slag
    fines will be used
    in
    Westwood’s
    process. The
    contract
    between
    Westwood and
    U.S. Steel
    uses the
    term “steelmaking
    slag fines” as
    an inclusive term
    for
    slag fines
    generated
    from the processing
    of
    raw steelmaking
    slag. “Desulfurization
    slag fines,”
    “steel slag fines,”
    and “ladle
    metallurgy facility
    (LMF) slag” are
    categories of
    “steelmaking
    slag fines.”
    (See unredacted
    Sections
    1.3, 1.3.1, 1.3.2,
    and 1.3.3
    of
    Exhibit
    A.’)
    In
    its petition for adjusted
    standard,
    and
    in
    this amended
    petition, WestWood
    uses
    the
    phrase “steelmaking
    slag
    fines”,
    as
    that
    phrase is defined
    in the U.S. Steel
    contract,
    as an inclusive
    term to
    refer
    to
    all types of steelmaking
    slag fines.
    Section 19.
    Please see
    Sections
    7 and
    15 for
    a
    description
    of
    the testing
    of
    the
    fines to
    ensure
    they are not hazardous
    wastes (by
    characteristic or
    listing), do not contain
    asbestos, PCB5
    or other
    listed hazardous
    wastes,
    and are suitable
    for use in
    Westwood’s
    process.
    As
    described,
    it is essential to
    Westwood to ensure
    the
    quality of
    10
    Westwood notes
    that Section
    81 7.101(f)
    provides “This Part
    shall not
    apply to the use or reuse
    of
    iron and
    steelmaking,slags
    and
    foundry
    sands as ingredients
    in an industrial process
    to make
    a product.”
    Thus,
    it is clear
    that
    Part 817
    does not
    apply to Westwood.
    16

    the
    fines
    it
    receives,
    both
    in
    order
    to
    comply
    with
    environmental
    regulations
    and
    to
    ensure
    its
    process
    proceeds
    in
    an efficient
    and
    economic
    manner.
    If the
    Board
    has
    concerns
    about
    the
    statement
    in
    the
    U.S.
    Steel
    contract
    that
    U.S.
    Steel
    does
    not
    warranty
    the
    quality
    of
    the
    steelmaking
    slag
    fines,
    Westwood
    again
    points
    to
    the
    specific
    provision
    that
    Westwood
    may
    “reject
    any
    materials that
    may
    have
    a
    chemical
    analysis
    that
    does
    not
    fit
    the
    parameters
    needed
    to
    make
    a
    quality
    product.”
    (Unredacted
    Section
    4.2
    of
    Exhibit
    A.)
    Westwood
    has,
    and
    will
    exercise,
    an
    absolute
    right
    to reject
    any
    fines
    that
    do
    not comply
    with
    environmental
    regulations
    or with
    the
    metallic
    content
    required
    for
    its
    process.
    Conclusion
    Westwood
    Lands,
    Inc.
    has
    demonstrated
    that
    the
    steelmaking
    slag
    fines
    used
    in
    its
    process
    are
    not
    a
    “waste.”
    Therefore,
    Westwood
    seeks
    a finding
    of inapplicability,
    with
    the
    result
    that
    Westwood’s
    facility
    does
    not need
    waste
    permits
    pursuant
    to
    Parts
    807
    and
    810 of
    the
    Board’s
    rules.
    Alternatively,
    if
    the Board
    disagrees
    that
    the
    material
    is
    not
    a
    “waste,”
    Westwood
    seeks
    an
    adjusted
    standard
    from
    the
    specified
    portions
    of
    Sections
    807.104
    and
    810.103.
    Respecifully
    submitted,
    WESTWOOD LANDS,
    INC.
    BY:&
    Dated:
    June22,2009
    17

    TEKLAB,
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    U.S.
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    City
    Works
    20th
    &
    State
    Streets
    Granite
    City,
    IL
    62040
    TEL:
    (618)451-3013
    FAX:
    (618)451-4020
    RE:
    Steelmaking
    Slag
    C-Fines
    Dear
    Carl
    Cannon:
    TEL:
    618-344-1004
    FAX:
    618-344-1005
    OrderNo.
    07010324
    TEKLAB,
    INC
    received
    1
    sample
    on
    1/11/2007
    3:35
    :00
    PM
    for
    the
    analysis
    presented
    in
    the
    following
    report.
    A
    list
    of
    report
    contents.
    can
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    found
    on
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    following
    page.
    Samples
    are
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    as
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    The
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    contained
    in
    this
    report
    relate
    only
    to
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    requested
    analytes
    of
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    as
    directed
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    the
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    IL
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    and
    NELAP
    accredited
    fields
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    testing
    are
    indicated
    by
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    NELAP
    under
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    Certification
    column.
    All
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    control
    criteria
    applicable
    to
    the
    test
    methods
    employed
    for
    this
    project
    have
    been
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    except
    where
    noted.
    The
    following
    report
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    without
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    Tekiab,
    Inc.
    If
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    any
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    regarding
    these
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    results,
    please
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    free
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    Sincerely,
    A.
    —‘c
    Kelly
    A.
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    ect
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    (618)344-1004
    ex.11
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    REPORT
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    LabOrder:
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    Report
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    This
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    Client:
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    CASE
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    Project:
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    LabOrder:
    07010324
    Report
    Date:
    January
    18,
    2007
    Cooler
    Receipt
    Temp
    5.6
    °C
    Original
    Chain
    of
    Custody
    and
    sample
    receipt
    checklist
    are
    on
    file
    at
    Tekiab.
    See
    the
    sample
    receipt
    checklist
    for
    any
    noted
    deviations
    from
    NELAP
    sample
    acceptance
    policies.
    Qaslifiers
    DF
    -
    Dilution
    Factor
    B
    -
    Analyte
    detected
    in
    the
    associated
    Method
    Blank
    £
    -
    Value
    above
    quantitation
    range
    RL
    -
    Reporting
    Limit
    J
    -
    Analyte
    detected
    below
    reporting
    limits
    H
    Holding
    time
    exceeded
    ND
    -
    Not
    Detected
    at
    the
    Reporting
    Limit
    K
    -
    RPD
    outside
    accepted
    recovesy
    limits
    D
    -
    Diluted
    out
    of
    sample
    Surr
    -
    Surrogate
    Standard
    added
    by
    lab
    S
    -
    Spike
    Recovesy
    outside
    accepted
    recoveTy
    limits
    MI
    -
    Matrix
    interference
    TNTC
    -
    Too
    numerous
    to
    count
    X
    -
    Value
    exceeds
    Maximum
    Contaminant
    Level
    DNI
    Did
    Not
    Jgnitc
    IDPII
    -
    flhinois
    Department
    of
    Public
    Health
    NEJAP
    -
    IL
    ELAP
    and
    NELAP
    Accredited
    Field
    of
    Testing
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    .
    V
    FAX:618-344-1005
    Laboratory
    Results
    CLIENT:
    U.S.
    Steel-Granite
    City
    Works
    Client
    Project:
    Steelmaking
    Slag
    C-Fines
    WorkOrder
    07010324
    Client
    Sample
    ID:
    Slag
    C-Fines
    Lab
    ID:
    07010324-001
    Collection
    Date:
    1/11/2007
    10:00:00
    AM
    Report
    Date:
    1
    8-Jan-07
    Matrix:
    SOLID
    Analyses
    Certification
    RL
    Qual
    Result
    Units
    DF
    Date
    Analyzed
    Analyst
    ASTM
    03987.
    EPA
    600
    160.1.
    IN
    SHAKE
    EXTRACT
    Total
    Dissolved
    Solids.
    SHAKE
    20
    432
    mg/I.
    1
    1/17/2007
    CDII
    ASTM
    P3987.
    SW-$46
    3005A.
    601gB.
    METALS
    IN
    SHAKE
    EXTRACT
    BY
    ICP
    ArsenIc
    0.0250
    <
    0.0250
    mg/I
    1
    1/16/2007
    12:47:28
    PM
    LAL
    Barium
    0.0050
    0.0208
    mg/I
    1
    1116(2007
    1
    2:47:28
    PM
    I_Al.
    CadmIum
    0.0020
    <
    0.0020
    mg/I
    1
    11161200712:47:26
    PM
    1.41
    Chromium
    0.0075
    <
    0.0075
    mg/I
    1
    1/16/2007
    12:47:28
    PM
    LAL
    Copper
    0.0100
    <
    0.0100
    mg/I
    1
    1/16/2007
    12:4128
    PM
    1.41
    Iron
    0.0200
    ‘C
    0.0200
    mg/I
    1
    1/16/200712:4728
    PM
    1.41
    Manganese
    0.0050
    <
    0.0050
    mg/I
    1
    11161200712:47:28
    PM
    LAL
    Selenium
    0.0500
    ‘C
    0.0500
    mg/I
    1
    1/16/200712:47:28
    PM
    1.41
    ZInc
    0.0100
    <
    0.0100
    mg/I
    1
    1/16/200712:47:28
    PM
    LAL
    ASTM
    03987.
    SW-846
    3020A.
    METALS
    IN
    SHAKE
    EXTRACT
    BY
    GFAA
    Lead,
    SHAKE
    by
    GFAA
    V
    7421
    V
    0.0020
    <0.0020
    mg/I
    1
    1/18/2007
    JMW
    ASTM
    D3987,
    SW-546
    9038.
    iN
    SHAKE
    EXTRACT
    V
    Sulfate
    5
    22
    mg/I
    1
    1/17/2007
    SMK
    ASTM
    03987.
    SW-848
    9210.
    iN
    SHAKE
    EXTRACT
    Nitrate.
    SHAKE
    V
    0.20
    H
    0.40
    mg/I.
    1
    1/16/20073:00:00
    PM
    KIE
    ASTM
    03967.
    SW-84$
    9214.
    iN
    SHAKE
    EXTRACT
    fluoride
    0.10
    0.34
    mg/I
    1
    1/1612007
    AET
    ASTM
    03987.
    SW-846
    9251.
    IN
    SHAKE
    EXTRACT
    Chloride,
    SHAKE.
    I
    3
    mg/I
    1
    1/16/2007
    9:45:00
    AM
    MVS
    Sample
    Nirrative
    TEKLAB,
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    TEKLAB,
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    Carl
    Cannon
    U.S.
    Steel-Granite
    City Works
    20th
    &
    State
    Streets
    Granite
    City,
    IL
    62040
    TEL:
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    FAX:
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    FAX:
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    •,
    ACCo
    C.,
    NELAP
    Accredited
    #100226
    RE:
    Steelmaking
    Slag
    C-Fines
    Dear
    Carl
    Cannon:
    OrderNo.
    07010380
    TEKLAB,
    INC
    received
    I
    sample
    on
    1/1212007
    3:40:00
    PM
    for
    the
    analysis
    presented
    in
    the
    following
    report.
    A
    list of
    report
    contents
    can
    be
    found
    on
    the
    following
    page.
    Samples
    are
    analyzed
    on
    an
    as
    received
    basis
    unless
    otherwise
    requested
    and
    documented.
    The
    sample
    results
    contained
    in
    this
    report
    relate
    only to
    the
    requested
    analytes
    of
    interest
    as
    directed
    on
    the
    chain
    of
    custody.
    IL
    ELAP
    and
    NELAP
    accredited
    fields
    of
    testing
    are
    indicated
    by
    the
    letters
    NELAP
    under
    the
    Certification
    column.
    All
    quality
    control
    criteria
    applicable
    to
    the
    test
    methods
    employed
    for
    this
    project
    have
    been
    satisfactorily
    met and
    are
    in
    accordance
    with
    NELAP
    except
    where
    noted.
    The
    following
    report
    shall
    not
    be
    reproduced,
    except
    in
    full,
    without
    the
    written
    approval
    of
    Tekiab,
    Inc.
    If
    you
    have
    any
    questions
    regarding
    these
    tests
    results,
    please
    feel
    free to
    call.
    Sincerely,
    ,iuLki.-
    A.
    L&vv-
    Heather
    A.
    Barnes
    Project Manager
    (618)344-1004
    ex.20
    IL
    ELAP
    and
    NELAP
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    REPORT
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    Project:
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    LabOrder:
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    Report
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    This
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    this
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    4
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    LabOrder:
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    DP
    Dilution
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    B
    -
    Analyte
    detected
    in
    the
    associated
    Method
    Dianic
    £
    -Value
    above
    quantitation
    range
    Reporting
    Limit
    3
    -
    Analyte
    detected
    below
    reporting
    limits
    H
    -
    Holding
    time
    exceeded
    ND
    -Not
    Detected
    at
    the
    Reporting
    Umit
    R
    -
    RPD
    outside
    accepted
    recovety
    limits
    D
    -
    Diluted
    out
    of
    sample
    Surr
    -
    Surrogate
    Standard
    added
    by
    lab
    S
    -Spike
    Recovery
    outside
    accepted
    recovery
    limits
    MI
    -
    Matrix
    interference
    TNTC
    -Toonumeroustocount
    X
    -Value
    exceeds
    Maximum
    ContaminantLevel
    DNJ
    Did
    Not
    Ignite
    IDI’H
    fllinois
    Department
    of
    Public
    Health
    NELAP
    -
    IL
    ELAP
    and
    NELAP
    Accredited
    Field
    of
    Testing
    IL
    ELAP
    and
    NELAP
    Accredited
    -
    Accreditation
    #100226
    IDPH
    Registry
    #17584
    Page
    3
    rtf
    4

    5445
    HORSESHOE
    LAKE
    ROAD
    TEK.LAB,
    INC.
    COLLINSVILLE,
    ILLINOIS
    62234
    ENVIRONMENTAL
    TESTING
    LABORATORY
    TEL:
    618-344-1004
    FAX:
    618-344-1005
    Laboratory
    Results’
    CLIEN1’:
    U.S.
    Steel-Granite
    City
    Works
    Client
    Project:
    Steelmaking
    Slag
    C-Fines
    WorkOrder
    07010380
    Client
    Sample
    ID: Slag
    C-Fines
    Lab
    ID:
    07010380-001
    CollectIon
    Date:
    1/12/2007
    10:10:00
    AM
    Report
    Date:
    I 6-Jan-07
    Matrix:
    SOLID
    Analyses
    Certification
    RL
    Qua)
    Result
    Units
    DF
    Date
    Analyzed
    Analyst
    SW-848
    1312,
    50O.
    826gB,
    VOLATILE
    ORGANIC
    COMPOUNDS
    IN
    SPLP
    EXTRACT
    BY
    GCIMS
    1,1,1-TrlcNoroethane
    NELAP
    0.006
    ND
    mg/I
    1
    111512007
    7:20:00
    PM
    GEK
    1,1-Dichioroethene
    NELAP
    0.005
    ND
    mg!L
    1
    111512007
    7:20:00
    PM
    GEK
    1,2-Dichioroethane
    NELAP
    0.005
    ND
    mg/I
    I
    115/2007
    7:20:00
    PM
    GEK
    1.2-Diddoropropane
    NELAP
    0.005
    ND
    mg/I
    1
    1/15/2007
    7:20:00
    PM
    GEK
    Benzene
    NELAP
    0.002
    ND
    mg/L
    1
    1/15/2007
    7:20:00PM
    GE)<
    s..-’
    Bromodichioromethane
    NELAP
    0.005
    ND
    mg/I
    1
    1/15/2007
    7:20:00
    PM
    GEK
    Bromoform
    NELAP
    0.005
    ND
    mg/L
    1
    1115120077:20:00PM
    GEK
    Carbontetrachlodde
    NELAP
    0.005
    ND
    mg/I
    I
    1/1512007720:00PM
    GEK
    Chlorobenzene
    NELAP
    0.005
    ND
    mg!L
    1
    111512007
    7:20:00PM
    GEK
    Chloroform
    NEIAP
    0.005
    ND
    mg/I
    1
    1/1512007
    7:20:00
    PM
    GEK
    ds-1,2-Dichloroethene
    NELAP
    0.005
    ND
    mg/I
    1
    111512007
    7:20:00PM
    GEK
    Dlbromochloromethane
    NELAP
    0.005
    ND
    mg/I
    1
    1/15/2007
    7:20:00PM
    GEK
    Ethyfbenzene
    NELAP
    0.005
    ND
    mg/I
    1
    1/15120077:20:00
    PM
    GEK
    m,p-Xytenes
    NELAP
    0.005
    ND
    mg/I
    1
    1/1512007720:OOPM
    GEK
    o.Xylene
    NELAP
    0.005
    ND
    mg/I
    I
    1/15120077:20:OOPM
    GEK
    Styrene
    NELAP
    0.005
    ND
    mg/I
    I
    1/1512007720:OOPM
    GEK
    Tetrachioroethene
    NELAP
    0.005
    ND
    mg/I
    1
    1115/2007
    7:20:00
    PM
    GEK
    Toluene
    NELAP
    0.005
    ND
    mg/I.
    1
    1/15/2007
    7:20:00PM
    GEI(
    trans-I
    .2-Dichioroethene
    NELAP
    0.005
    ND
    mg/I
    1
    1/15/2007
    720:00
    PM
    GEK
    --Trichioroethene
    NELAP
    0.005
    ND
    mg/I
    1
    111512007
    7:20:00PM
    GEK
    Vinyl chloride
    NELAP
    0.002
    ND
    mg/I.
    1
    1/1512007
    7:20:00PM
    GEK
    Sum
    1,2-Dlctiloroethane-d4
    73.9-129
    106.9
    %REC
    1
    1/15/2007
    720:00
    PM
    GEK
    Sum4-Bromofluorobenzene
    63-113
    103.3
    %REC
    1
    1/15/20077:20:00PM
    GEK
    Sum
    Dibroniofluoromethene
    83.9-118
    85.5
    %REC
    1
    1/15/2007
    720:00
    PM
    GEK
    Surr:Toluene-d8
    85.5-115
    96.6
    %REC
    1
    1/1512007720:00PM
    GEK
    Sample
    Narrative
    IL
    ELAP and
    NELAP
    Accredited
    - AccreditatIon
    #100226
    .
    IDPH
    Registry
    #17584
    Page
    4
    of
    4

    wecnnoiogici
    Ul,RWr5I7
    I’
    MinoraJe
    a
    SaJCIiaJe
    1iwrJng
    Bufldirig
    • 1
    14QQTp$fid
    Ddve.
    HouVhton.
    MQn
    4W31.1236
    Inabtute
    of
    Materiala
    Procoaning
    9OI4a7-26OO
    Fax: 90W487-2g21
    CLIENT:
    Westwood
    Lands
    INC.
    110 Airport
    Drive
    V
    Negaunee,
    Michigan
    49866
    DATE:
    V
    7, 2007
    RE:
    IRON
    (LGI)
    Chemical
    Analysis
    Perfonned
    by
    Zhiyong
    Xu,
    Ph.D.
    Chemical
    Wi %
    Compos
    Won
    l’otallron
    14A8
    Metallic
    Iron
    2.27
    Fe203
    8.87
    V
    FeO
    5.44
    P205
    0.30
    CaO
    43.23
    S102
    19.40
    A1203
    4.68
    MgO
    11.20
    MnO
    V
    0.09
    K20
    0.03
    Na20
    0.02
    Carbon
    0.64
    Sulfur
    3.76
    T102
    0.12
    V
    Zn
    <0.003
    Not
    Detected
    1
    Below
    Detection
    Limit
    Cd, Ag,
    Se
    VM
    Cr,
    Hg,
    Pb, Ba
    Please
    review
    attached
    page
    for specific
    analyte
    detection
    limit
    METHODS
    OF
    ANALYSIS:
    V
    Samples
    were
    quantitatively
    analyzed
    using
    an
    Inductively
    Coupled
    Plasma
    CP)
    Spectrometer.
    Specimens
    were
    dissolved
    with
    a
    four acid
    (perchloric.
    nitric,
    hydrochloric,
    and
    hydroflouric)
    digestion.
    VV
    APPROVED
    BY:
    V
    V
    Ttann-Yang
    (Jim)
    Hwang
    4
    Ph.D.
    Director,
    Instiuzie
    of
    Materials
    Proccsing
    inTu,thn
    U.,tyi
    an
    thicoq
    kO*QCWIY
    oye’.
    Piid
    n
    .qcd
    P
    EXHIBIT
    H

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