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314.554.2388
(Phone)
314.554.4182
(Facsimile)
prpike@ameren.com
May 6,
1999
Ms. Dorothy M. Gunn, Clerk
Illinois
Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
Mr. Joel Stemstein, Hearing Officer
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
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OneAmeren Plaza
1901
Chouteau Avenue
P0 Box 66149
St. Louis, MO 63166-6149
314.621.3222
RECEIVED
CLERK’S
OFFICE
MAY
0
7
1999
STATE OF ILLINOIS
Pollution
Control Board
Dear Ms.
Gunn and Mr. Stemstein:
Re:
Comments on Rulemaking R99-18, Amendments to Permitting for
Used Oil Management and Used
Oil Transport 35 Illinois
Administrative Code 807 and 809
Attached are Ameren Company’s conmients on rulemaking R99-18.
We
appreciate the opportunity to submit these comments and look forward to working
with the Agency on this issue.
Please feel free to contact me with any questions.
Sincerely,
Paul R. Pike
Senior Environmental Scientist
/cdt
Attachment
cc:
Service List
WA
moron
a subsidiary
ofAmeren
Corporation
RECEIVED
CLERK’S OFFICE
MAY
071999
iN THE MATTER OF:
)
)
R99-18
STATE
OF
ILLINOIS
AMENDMENTS TO PERMITTiNG FOR
)
(Rulemaking
-
L~*ti0n
Control Board
USED OIL MANAGEMENT AND USED
)
OIL TRANSPORT
35
ILL. ADM. CODE
)
807AND809
)
COMMENTS
OF AMEREN CORPORATION
Ameren Corporation is pleased to submit comments on the Illinois Pollution Control Board’s Proposed
Rule, R99-18.
The proposed rule
is an amendment of 35 Illinois Administrative Code Parts 807 and
809,
that will require Illinois Environmental Protection Agency issued permits for certain used oil
management activities. Ameren supplies electric power and natural gas to over 400,000 customers in
Illinois.
Ameren is amember of the Illinois Environmental RegulatoryGroup (“IERG”) and supports the
comments that they are submitting.
Permitting
Used oil management facilities and transporters should not be required to obtain additional permits in
order to continue their existing operations in Illinois.
The Federal used oil rules established a system of
permit-by-rule for facilitiesthat managed used oil.
The Agency has statedthat the purpose ofthis
rulemaking is to resolve the conflicting regulatory requirements-that-arose when Part 739 was adopted.
The establishment of additional permitting on certain ofthese used oil facilities has the potentialto have
the opposite impact.
First, the existing requirements for used oil have been in place a number of years and generators and
management facilities alike are familiar with them.
The Federal used oil regulations have been widely
adopted by the States and have become a nationwide standard for the management of used oil.
Additional permitting at certain facilities will burden the Illinois generators and management facilities,
with requirementsthat don’t exist outside the
state.
The additional requirements maycause confusion
because of their difference from the Federalprogram.
A review ofthe early proposed Federal used oil regulations shows that the USEPA considered permitting
used oil facilities.
They discarded that idea whenthey realizedthat it would have a negative
environmental impact on the management of used oil.
The final used oil regulations have been successful
since theywere established and it is unlikely that requiring either
old or new facilities to become
permitted will significantly improve it.
You have already noted in your comments that the Agency is concerned-about the small quantity
generators of used oil.
We commend the Agency for not changing the requirements forfacilities most
directly associated with these
small generators.
The problem is that these small facilities will still feel the
impact of the permitting.
The facilities that receive the used oil from these unpermitted facilitieswill be
passing on their new costs potentially squeezingan already tight profit margin.
We believe that
ultimately thisrulemaking will reduce the number offacilities that willingly take used
Oil
from small
generators creating the very situation that the Agency is trying-to-avoid.
This rulemaking may also result in some used oil management facilities either closing or relocating in
neighboring states.
The economic impact of the added permitting requirements may be minor, but these
added complications may have a ripple affect on other businesses.
In addition, the impactthis additional
permitting requirement will have on the Agency itself should not be overlooked.
The
initial rush for
permits could mean that staff that could be out helping marginal facilities improve would be doing
paperwork.
If the Agency still feels that the used oil regulations need this permitting complication, we have
two
additional suggestions concerning used oils managedwithin-asingle company and dealing with existing
used oil facilities.
Internal Management
A company that manages it’s own used oil should not be requiredto obtain apermit.
Some companies
have for various reasons takenthe additional steps to manage their own used oil.
These companies
potentially fall within
all the category types identified in Part 739.
These companies may have one site or
they may have many, but theyunderstand the importance of managing their used oil.
These companies have already made the financial choice to properly manage their used oil andforcing
them to permittheir activities will not add to their commitment.
It is possible that some companies
will
see permitting as a sufficient burden to cause them to discontinuetheir used oil activities.
Acompany
that was reprocessingoil for it’s own use could decide to dispose of their used oil and move away from
recycling.
Existing Facilities
Facilities already involved in used oil management activities should not be required to go through the full
permitting process.
If this current rulemaking
is finalized all facilities will be requiredto go through
siting requirements before they can get an operating permit.
The time and money required to become a
regional pollution control facility could result in some facilities closing not becausethey were polluting,
but because of economics.
If existing used oil facilities must obtain apermit then they should be allowed
to do so with the least amount ofcomplications.
