IN THE MATTER OF:
)
)
)
)
R99-18
(Rulemaking
-
Land)
RECEIVED
CLERK’S OFFFCE
MI4Y
0 4 1999
BEFORE THE ILLINOIS POLLUTION CONTROL BOAR~TATEPollution OFControlILLINOISBoard
)
AMENDMENTS TO PERMITTNG FOR
USED OIL MANAGEMENT AND USED
OIL TRANSPORT
35
ILL. ADM. CODE
807 AND 809
)
NOTICE OF FILiNG
TO:
Persons on the Attached Service List
PLEASE TAKE NOTICE that I have today filed copies ofthe attached COMMENTS OF
THE ILLNOIS STEEL GROUP and APPEARANCES OF JAMES T. HARRINGTON AND
CHARLES WESSELHOFT with the Clerk of the Illinois Pollution Control Board a copy of
which is hereby served upon you.
Dated: May 4, 1999
James T. Harrington, Esq.
Charles Wesseihofi, Esq.
ROSS & HARDIES
150 N. Michigan Avenue
Chicago IL 60601
(312) 558-1000
THIS FILING SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
CLERK’S OFFICE
MAY
0 4 1999
STATE OF IWNOIS
Pollution Control Board
)
R99-18
)
(Rulemaking
-
Land)
IN THE MATTER OF:
)
)
AMENDMENTS TO PERMITTING FOR
USED OIL MANAGEMENT AND USED
OIL TRANSPORT
35
ILL. ADM. CODE
)
807 AND 809
)
APPEARANCES OF
JAMES T. HARRINGTON
CHARLES WESSELHOFT
I hereby file my appearance in this proceeding
behalfofthe Illinois Steel Group.
/
James T. Harrington, Esq.
Charles Wesseihoft, Esq.
ROSS & HARDIES
150 N. Michigan Avenue
Chicago IL 60601
(312) 558-1000
RECEIVED
CLERK’S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MAY 04 1999
IN THE MATTER OF:
)
STATE OF ILLINOIS
)
Pollution Control Board
AMENDMENTS TO PERMITTING FOR
)
R99-18
USED OIL MANAGEMENT AND USED
)
(Rulemaking
-
Land)
OIL TRANSPORT 35 ILL. ADM. CODE
)
807 AND 809
)
COMMENTS OF THE ILLINOIS STEEL GROUP
NOW COMES the ILLINOIS STEEL GROUP, by and through its attorneys, Ross &
Hardies to offer the following comments regarding proposed changes to permitting requirements
for used oil management units:
Several Illinois Steel Group (“ISG”) members operate used oil management units at their
steel-making facilities. Some facilities only store used oil before shipping it offsite to a recycling
operation. Others, either through contractors or their own resources, process the used oil onsite
for reuse at their facilities or shipment to offsite users.
These used oil management units handle only used oil generated at the ISG members’
facilities. As such, the units are exempt from permitting pursuant to section 21(d) of the
Environmental Protection Act which provides, in relevant part:
No person shall.
. .
(d) Conduct any waste-storage, waste-treatment, or waste-disposal
operation: (1) without a permit granted by the Agency.
. .
provided, however, that.
. .
no
permit shall be requiredfor
(i)
anyperson conducting a waste-storage, waste-treatment,
or waste-disposal operation for wastes generated by suchperson’s own activities which
are stored, treated, or disposed within the site where such wastes are generated,
or (ii)
.
415 ILCS
5/21(d)
(emphasis added).
As proposed, the amendments to section 807.105(a) would require facilities operating
onsite used oil management units to obtain permits for those units. Such a requirement is
contrary to law. To remedy the problem, the ISG proposes that section 807.105(a) be modified
as follows:
Persons and facilities regulated pursuant to
35
Ill. Adm. Code 700 through 749 are not
subject to the requirements ofthis Part of 35 Ill. Adm. Code 811 through 817, except that
used oil transfer facilities, used oil processors, used oil fuel marketers, used oil burners,
and petroleum refining facilities, as defined in 35 Ill. Adm. Code 739.100, will be
required to obtain a permit under this Part unless otherwise exempted by 415 ILCS
5/21(d).
I-Iowcvcr, if If~ueha facility also contains one or more units used solely for the
disposal of solid wastes, as defined in 35 Ill. Adm. Code 8 10.103, such units are
subject to requirements ofthis Part and 35 Ill. Adm. Code 811 through 817.
Respectfully submitted,
IL3TLGO
One of Its Attorneys
James T. Harrington, Esq.
Charles Wesselhoft, Esq.
ROSS & HARDIES
150 N. Michigan Avenue
Chicago IL 60601
(312) 558-1000
2
CERTIFICATE OF SERVICE
The undersigned hereby certifies that copies ofthe attached COMMENTS OF THE
ILLINOIS STEEL GROUP and APPEARANCES OF JAMES T HARRINGTON AND
CHARLES WESSELHOFT were served on all persons identified on the attached service list by
depositing said documents into the U.S. Mail at 150 N. M~ igan, Chicago Illinois before 5:00
p.m. on May 4, 1999.
SERVICE LIST R99-18
Matthew J. Dunn, Chief
Environment Bureau
Office of the Attorney General
100 West Randolph St., 12th Floor
Chicago. IL 60601
Jeffrey Jeep
EMCO Chemical Distributors, Inc.
2100 Commonwealth Avenue
North Chicago, IL 60064
Sanjay K. Sofat
Illinois Environmental Regulatory Group
215 East Adams Street
Springfield, IL 62701
Dorothy M. Gunn, Clerk
IL Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago. IL 60601
Robert Lawley, Chief Legal Counsel
Dept. ofNatural Resources
524 South Second Street
Springfield, IL 62701-1787
Joel J. Sternstein, Hearing Officer
Illinois Pollution Control Board
100 West Randolph Street,
Suite 1 1-500
Chicago, IL 60601
Cynthia Hilton, Executive Director
Assoc. ofWaste Hazardous Materials
Transporters
2200 Mill Road
Alexandria, VA 22314
Jennifer Marsh
Chemical Industry Council ofIllinois
920 South Spring
Springfield, IL 62704
Vicki Thomas
JCAR
Wm. G. Stratton Bldg., Room 700
Springfield, IL 62706
Katherine D. Hodge
Hodge & Dwyer
808 South Second Street
Springfield, IL 62704
Kimberly A Robinson, Assistant Counsel
Illinois E~P. A.
Division ofLegal Counsel
1021 North Grand Avenue East Springfield,
IL 62704-9276
