1. NOTICE OF FILING
      2. (PERSONS ON ATTACHED SERVICE LIST)
      3. RECEIVED
      4. COMMENTS
      5. CERTIFICATE OF SERVICE
      6. SERVICE LIST
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
RCRA SUBTITLE C UPDATE, USEPA
AMENDMENTS (JANUARY
1, 2001,
THROUGH JUNE 30,
2001);
IN THE
MATTER OF:
)
)
RCRA SUBTITLE C
UPDATE, USEPA
)
AMENDMENTS (JULY
1, 2001, THROUGH
)
DECEMBER 31, 2001
AND JANUARY22
,
2002);)
R02-12
(Rulemaking
-
Land)
IN THE MATTER OF:
UIC UPDATE, USEPA AMENDMENTS
(JULY
1, 2001, THROUGH DECEMBER 31,
2001)
)
)
)
R02-17
)
(Rulemaking Land)
)
(Consolidated)
NOTICE OF FILING
TO:
Ms. Dorothy M. Gunn
Clerk of the Board
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
(VIA FIRST CLASS MAIL)
Mike McCambridge
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
(VIA FIRST CLASS MAIL)
(PERSONS ON ATTACHED
SERVICE LIST)
RECEiVED
CLERK’S
OFETCE
MAR
2
9
2002
STATE OI~
ILLINOIS
PollutIon
Control
Board
)
)
)
)
)
R02-1
(Rulemaking
-
Land)
THIS FILING SUBMITTED ON RECYCLED PAPER
PLEASE TAKE NOTICE that I have filed today with the Clerk ofthe Illinois
Pollution Control Board an original and nine copies ofthe COMMENTS, copies of
which are herewith served upon you.
Respectfully
submitted,
ILLINOIS ENVIRONMENTAL
REGULATORY GROUP,
By:
__________
One of Its
ttorneys
Dated:
March 27, 2002
Karen L.
Bernoteit
Robert A. Messina
Illinois Environmental
Regulatory Group
215 East Adams Street
Springfield, Illinois 62701
(217) 522-5512
THIS FILING SUBMITTED
ON RECYCLED PAPER
BEFORE THE ILLiNOIS POLLUTION
IN THE MATTER OF:
)
)
RCRA SUBTITLE C UPDATE, USEPA
)
AMENDMENTS (JANUARY
1, 2001,
)
THROUGH JUNE 30, 2001);
)
RECEIVED
CONTROL BOARD
CLERK’S
OFFICE
MAR
2
92002
STATE 017 IWNOIS
R02-1
Pollution
Control Board
(Rulemaking
-
Land)
IN THE MATTER OF:
RCRA SUBTITLE C UPDATE, USEPA
AMENDMENTS (JULY
1, 2001, THROUGH
DECEMBER 31, 2001 AND JANUARY 22, 2002);
IN THE MATTER OF:
UIC UPDATE, USEPA AMENDMENTS
(JULY
1, 2001, THROUGH DECEMBER 31,
2001)
)
)
)
R02-17
)
(Rulemaking Land)
)
(Consolidated)
)
)
)
R02-12
)
(Rulemaking
-
Land)
COMMENTS
NOW COMES the ILLINOIS ENVIRONMENTAL REGULATORY GROUP
(“IERG”), by one of its attorneys, Karen L.
Bernoteit, and submits the following
COMMENTS in the above-referenced matter to the Illinois Pollution Control Board
(“Board”), stating as follows:
IERG supports the Board’s proposed amendment to
35
Ill. Admin.
Code
728.134(a) and to 35
Ill. Admin. Code
721.124(a) to
reference the Association ofBattery
Recyclers v. EPA, 208 F.3d 1047 (D.C. Cir.
2000) decision that vacated the May 26,
1998
Phase IV Land Disposal Restriction (LDR) regulation as it provides forthe use of
the toxicity characteristic leaching procedure (TCLP) to determine whether manufactured
gas plant (MGP) waste exhibits the toxicity characteristic.
IERG is a not-for-profit Illinois corporation comprised of70 member companies
engaged in industry, commerce, agriculture, and other related activities that are regulated
by governmental agencies that promulgate, administer or enforce environmental laws and
regulations.
IERG was organized to promote and advance the interests-of its members
before governmental agencies, such as the Illinois Environmental Protection Agency
and
Illinois Pollution Control Board, and before judicial bodies, such as the Illinois Courts.
Moreover, IERG is an affiliate of the Illinois State Chamber of Commerce, which has
more than 5,000 members in the State.
Importantly, the decision ofthe District Court of Appeals, D.C. Circuit, in the
Association ofBattery Recyclers case, has resulted in the expedited remediation of
numerous MGP waste sites as it eliminated the encumbrances created by the applicability
ofLDRs to this type of waste.
From a public policy perspective, it is a positive
development as it allows the owner/operators of MGP waste sites to move forward and
address sites that have been slated for remediation but delayed due to
the applicability of
the onerous requirements of the RCRA hazardous waste program.
The proposed Board Note is identical to the language ofthe first two sentences of
IERG’s proposed Board Note submitted to the Board on June
14,
2001.
Adoption ofthe
Board’s proposed Board Note will ensure the clarity of Illinois’ requirements applicable
to MGP waste and will avoid any confusion regarding the applicability ofthe TCLP for
the evaluation of MGP waste.
As for placement ofthe proposed Board Note, IERG concurs with the Board’s
proposal to append the proposed Board Note to
35 Ill.
Admin.
Code 721.124(a), as well
2
as to 35
Ill. Admin. Code
728.134(a), which
is the placement that IERG had previously
proposed to the Board for the note.
Finally, IERG concurs with the Board’s proposed Board Note to be appended at
35 Ill.
Admin. Code 721.102(c)(3) and 35
Ill. Admin.
Code 721.104(a)(17).
This Board
Note addresses the other aspect ofthe Association of Battery Recyclers decision, that
excludes materials generated and reclaimed within the primary mineral processing
industry from the regulatory definition of solid waste.
IERG urges the Board to adopt the proposed Board Notes to
be appended at 35 Ill.
Admin.
Code 728.134(a), 35
Ill.
Admin. Code 721.124(a), 35 Ill.
Admin. Code
721.1 02(c)(3) and 35
Ill. Admin.
Code 721.1 04(a)( 17).
Respectfully submitted,
ILLIN
S ENVIRO
ENTAL
Karen L. Bernoteit
Dated: March 27, 2002
Karen L.
Bernoteit
Illinois Environmental Regulatory Group
215
East Adams Street
Springfield, IL 62794-9276
(217) 522-5512
3
CERTIFICATE OF SERVICE
I, Karen L. Bernoteit, the undersigned, certify that I have served a copy ofthe
COMMENTS
upon:
Ms. Dorothy M. Gunn
Clerk ofthe Board
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, Illinois
60601
SEE ATTACHED
SERVICE LIST.
Mike McCambridge
Hearing Officer
Illinois Pollution Control Board
James R.
Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
by depositing said documents in the United States Mail in
Springfield, Illinois on
March 27, 2002.
Karen L. Bernoteit
SERVICE LIST
Linda
Brand
DCCA,
Small Business Office
620
E.
Adams
Springfield,
IL 62701
Judith
Brubaker
IL Environmental Protection
Agency
1021
N Grand Ave.
East
P 0 Box
19276
Springfield,
IL 62794-9276
Richard
J. Clarizio
USEPA
-
Region V
77 West Jackson
Chicago, IL 60604
Deborah
Connelly
Joint Committee on
Administrative Rules
700 Stratton
Office
Building
Springfield,
IL
62706
Matthew J. Dunn
Chief
Office of the Attorney General
Center, 100W. Randolph, 12th Floor
Chicago, IL 60601
Judy
Dyer
IL
Environmental Protection
Agency
1021
N.
Grand Ave.
East P 0 Box
19276
Springfield,
IL 62794-9276
Stephen
England
Chief Legal
Counsel
Department of Nuclear Safety
1035
Outer Park
Dr
Springfield,
IL 62704-4491
Dorothy
M.
Gunn
Clerk
IL
Pollution
Control Board
100 W.
Randolph Ste. 11-500
Chicago,
IL 60601
Robert 1.
Lawley
Chief Legal
Counsel
Department
of Natural
Resources
524
S. Second Street
Springfield,
IL 62701 -1787
John
Little
Legal Counsel Division
IL
Environmental Protection Agency
1021
N.
Grand Ave. East
P 0 Box
19276
Springfield,
IL 62794-9276
Mike
McCambridge
Hearing
Officer
Illinois Pollution Control
Board
James R.Thompson
Center 100W Randolph St Ste
11-500
Chicago, IL 60601
Mara
McGinnis
IL
Environmental Protection
Agency
1021 N. Grand Ave. East P 0 Box
19276
Springfield, IL62794-9276
Scott
Phillip
IL Environmental Protection
Agency
1021
N.
Grand Ave.
East
P0
Box
19276
Springfield,
IL 62794-9276
Susan
Schroeder
Division
of Legal Counsel
IL Environmental Protection Agency
1021
N.
Grand Ave.
East P 0 Box
19276
Springfield,
IL 62794-9276
Joseph
Svoboda
General Counsel
IL Environmental Protection Agency
1021
N.
Grand Ave.
East P 0 Box
19276
Springfield,
IL 62794-9276
Vicki
Thomas
JCAR
700 Stratton
Office Building
Springfield,
IL 62706
Richard
T. Traub
USEPA
-
Region V
77 W Jackson Blvd
Mail
Code DR-7J
Chicago,
IL 60604
Gary
Westefer
USEPA
-
Region V
77W. Jackson(DM7J)
Chicago, IL 60604

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