RECE~V~D
CLERK’S OFFICE
DEC
07
2004
IN THE MATTER OF:
STANDARDS FOR UNIVERSAL
WASTE MANAGEMENT
(35
ILL. ADM. CODE PARTS 703, 720,
721, 724,
725,
728, and 733)
)
)
)
R05-8
)
(Rulemaking
-
Land)
)
)
NOTICE OF FILING
Dorothy Gunn, Clerk
Illinois Pollution ControlBoard
James R. Thompson Center
100
W.Randolph, Suite 11-500
Chicago, Illinois
60601
SEE ATTACHED SERVICE LIST
Marie Tipsord
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph, Suite 11-500
Chicago, Illinois 60601
PLEASE TAKE NOTICE that today I have filed with the Office ofthe Clerk ofthe
Illinois Pollution Control Board the Pre-Filed Testimony ofMark L.
Crites, a copy ofwhich is
herewith served upon you.
Respectfully submitted,
ILLiNOIS ENVIRONMENTAL PROTECTION
AGENCY
Date:
December 6, 2004
1021 North Grand Avenue East
P.O. Box
19276
Springfield, Illinois 62794-9276
(217) 782-5544
Kyle Rocninger
Assistant Counsel
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
STATE OF ILLINOIS
Pollution Control Board
cED.
DEC
0?
2004
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
~
‘,.~TE
OF ILLINOIS
-
POII~tI~~
Control Boari-~
IN THE MATTER OF:
)
)
STANDARDS FOR UNIVERSAL
)
R 05-8
WASTE MANAGEMENT
)
(Rulemaking
-
Land)
(35 ILL. ADM. CODE PARTS 703, 720,
)
721, 724,
725, 728, and 733)
)
PRE-FILED TESTIMONY
OF MARK L. CRITES
My name is Mark L. Crites.
I work in the Bureau ofLand, Permit Section, RCRA
Permit Unit, and am the Illinois EPA contact for universal waste issues.
A copy ofmy
resume
is attached.
My comments todaywill address the characteristics ofmercury-
containing equipment that renders ithazardous waste, and the appropriateness of
allowing such waste to be managed as universal waste.
The devices that are the subject ofthis proceeding; namely mercury relays,
mercury switches, and scientific instruments
and instructional equipment containing
mercury added during their manufacture; all contain an amount of elemental mercury,
which variesby the type ofdevice.
Mercury is
a well-knowntoxin that primarily affects
the central nervous system
and kidneys, and is a hazardous constituent under the
Resource Conservation and Recovery Act (“RCRA”).
Undercurrent rules,
solid waste that exhibits the characteristic oftoxicity, as
defmed at 35
Ill. Adm. Code 72 1.124, must be managed under the hazardous waste
management system.
Solid waste is considered a hazardous waste if the mercury
concentration in the extract from a representative sample ofthe waste exceeds 0.2
milligrams per liter by the Toxicity Characteristic Leaching Procedure.
Specific testing
ofthe mercury-containing devices covered by this proposal has not been conducted by
1
the Illinois EPA, but because ofthe composition ofthe devices we expect that
all exceed
the TC for mercury, and are therefore currently subject to
regulation as hazardous waste.
The subject proposal would allow generators ofthese mercury devices to manage
them under a more streamlined system called the Universal Waste Rule (UWR).
The
UWR was established by USEPA as an alternative management system for certain wastes
that would normally be managed as hazardous waste.
It is a system whose goal is to
improve the management ofcommonly mismanaged wastes by encouraging proper
collection,
consolidation, and other management through use of streamlined procedures.
Universal wastes are generally wastes that meet the definition ofhazardous waste, are
produced by a large variety of generators that are commonly unfamiliar with the
hazardous waste management system,
and as a result these wastes are commonly
mismanaged.
Current universal wastes include lamps, mercury-containing thermostats,
suspended and canceled pesticides, and batteries.
Generators ofhazardous waste that
qualifies for management as universal waste have the option ofcontinuing to manage the
waste under the hazardous waste system, or to manage the waste under the UWR.
Those
opting for management under the UWR are not required to include this waste in their
hazardous waste totals
forpurposes ofdetermining generator category.
In our opinion, the types ofwaste included in this proposal
fit the above
description ofuniversal waste.
Mercury thermostats are in virtually every climate-
controlled building in the state.
Similarly, mercury relays are used in many common
types ofequipment used every day.
Mercury-containing scientific and educational
-
equipment will be found in virtually every school, laboratory,
and medical facility.
In the
vast majority ofthe locations where these devices are employed, no
one at the facility is
2
familiarwith the hazardous waste management system,
and as a result, many ofthese
devices are improperly discarded.
To further substantiate the classification ofmercury-
containing waste as universal waste, USEPA has proposed and intends to soon finalize
similar regulation, which includes a much broader scope of mercury devices, at the
federal
level. A copy ofthe USEPA’s proposal was submitted in the Illinois EPA’s
original filing
for this proceeding.
Additionally, other states, including Pennsylvania and
Michigan, have also added mercury device categories to their state Universal Waste
Rules as well.
Because inclusion in the UWR tends to decrease improper disposal ofthe
waste in question, USEPA and the various states generally do not see much opposition to
this approach.
The subject proposal would regulate these mercury devices in the same way as
mercury thermostats are currently regulated under the UWR.
This
is because many of the
devices included in this proposal are similar in nature to mercury thermostats, and
because this is the way that the USEPA proposal would regulate such devices.
An
advantage ofthis approach is that when and if USEPA finalizes its mercury device rule, it
should be a relatively simple matter to update the Illinois regulations to keep them
consistent with the federal rule.
-
In our experience, the Universal Waste Rule has been successful in its goal of
encouraging proper management of the existing wastes included in the rule.
Most
importantly, it has done so without any significant unexpected consequences.
We expect
similar success with the addition ofmercury-containing devices to the Universal Waste
Rule.
-
Mark L. Crites
Experience
1990
to Present:
Environmental Protection Engineer
Illinois Environmental Protection Agency
Bureau ofLand, Permit Section,
RCRA Unit
Responsibilities:
•
Illinois EPA’s contact person and technical expert on the Universal Waste
Rule and related statutes.
•
Illinois EPA’s contact person and technical expert on hazardous waste
delisting.
•
Review applications and write permits
forhazardous waste management
facilities.
•
Review site remediation plans for state and federal
clean-up programs to
determine Applicable or Relevant and Appropriate Regulations with
regard
to the hazardous waste management system.
•
Evaluate closure by removal demonstrations for hazardous waste
management units.
•
Inspect hazardous waste management facilities to resolve permitting
issues.
•
Respond to correspondence from the public
and the regulated community
regarding technical interpretations ofthe hazardous waste regulations and
statutes.
Education
-
1990
to Present:
Ongoing professional continuing education in a variety oftopics
including engineering, chemistry, geology, hydrogeology,
mathematics, computer modeling, risk assessment, technical
writing, project management, new regulations, software-specific
courses, and others.
1985 to
1990:
Bachelor of Science Mechanical Engineering, Southern Illinois
Universityat Carbondale, Spring
1990.
Licensing and Certification
•
State of
Illinois Professional Engineer in Training
•
OSHA HAZWOPER General Site Worker
•
Red Cross CPR and First Aid
•
Total Quality Management Facilitator
STATE OF ILLINOIS
COUNTY OF SANGAMON
)
)
)
PROOF OF SERVICE
I, the undersigned, on oath state that I have served the attached Pre-Filed Testimony of
Mark L.
Crites upon the persons to whom they are directed by placing copies in envelopes
addressed to:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 W.
Randolph, Suite 11-500
Chicago, Illinois 60601
(OvernightMail)
SEE ATTACHED SERVICE LIST
(First Class Mail)
Marie Tipsord
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph, Suite 11-500
Chicago, Illinois 60601
(Overnight Mail)
and mailing them from Springfield, Illinois on December 6, 2004, with sufficient postage affixed
as noted above..
SUBSCRIBED AND SWORN TO BEFORE ME
this
6th
dayofDecember, 2004.
Notary Public
d~idIAI
SEAL
BRENDA BOEHNER
:~
NOTARY
PUBLIC,
STATE
OF
ILLINOIS
s;
:~MYCOMMISSION
EXPIRES
11.i4-2oO5:~
Printable
Notice List
Page
1
of
1
I~t=~I
Party Name
-
Role
-
City.&.State
Phone/Fax
1021
North Grand Avenue East
Springfield
217/782-5544
Interested
Party
P.O. Box 19276
IL
62794-9276
217/782-9807
-
Kyle Rominger
Lindsay Evans
-
-
Gardner Carton
&
191
N. Wacker Drive
Chicago
312/569/1000
Interested
Party
Suite 3700
IL
60606-1698
312/569-3000
John
W. Watson
Hodge
Dwyer Zeman
3150 Roland Avenue
Springfield
-
--
-
-
-
217/523-4900
Interested
Party
Post Office Box 5776
IL
62705-5776
217/523-4948
-
Christine 0. Zeman
Office of the Attorney
Environmental Bureau
Ch
312/814-2550
General
100 West Randolph Street,
IL
312/814-2347
Interested
Party
11th
Floor
Matthew
J.
Dunn, Chief
Illinois
Environmental
3150 Roland Avenue
Springfield
217/523-4942
Regulato~Group
-
IL
62703
217/523-4948
Interested
Party
-
-
-
Robert A.
Messina, General
Counsel
-
Barnes &Thprnbujg
I
North Wacker Drive
Chicago
312/357-1313.
Interested Party
Suite 4400
IL
60606
312/759-5646
Eugene
H. Bernstein
H.E. Hanson. Esg.
4721
Franklin Avenue
Western
Springs
708/784-0624
Interested
Party
Suite
1500
IL
60558-1720
7081784-0627
Heidi
E. Hanson
100 W. Randolph St.
Chicago
3128143956
Interested
Party
ur e
1
-500
IL
60601
Dorothy M. Gunn, Clerk of the Board
-
Marie Tipsord,
Hearing Officer
Admiral
V
Environmental
2025 South Arlington Heights
Arlington Heights
Services
Road Suite
103
IL
60005-4141
Interested
Party
Philip A. Twomey
V
Department~f
S
nfl
fi
Id
217/782-1809
Natural
Resources
One Natural
Resources Way
IL
62702
1271
217/524-9640
Interested
Party
-
Stan Yonkauski
V
V
Interested
Party
2250 E. Devon Ave. Suite 239
~e~0P~i~es
847-544-5995
Lisa Frede
CarIJ.Frank
734 N
Wells Street
V
Chicago
Interested Party
IL
60610
CH2M Hill
8501 W. Higgins Road
Chicago
Interested Party
Suite 300
IL
60631
Tracie Gross
-
Total number of participants:
15
http://www.ipcb.state.il.us/COOL/external/casenotify.asp?caseid=7529¬ifytype=Service
12/3/2004
