iN
THE MATTER OF:
AMENDMENTS TO PERMITTING
FOR USED OIL MANAGEMENT AND
USED
OIL TRANSPORT
35
ILL.
ADM. CODE
807 AND 809
Dorothy M. Gunn, Clerk
IL. Pollution Control Board
James R.
Thompson Center
100W. Randolph, Ste 11-500
Chicago, Illinois 60601
(First Class)
Robert Lawley, Chief Legal Counsel
Department of NaturalResources
524
South Second Street
Springfield, Illinois 62701-1787
(First Class)
Service List
(First Class)
KECE~VED
CLERK’S OFFICE
OCT
2 01999
BEFORE TH~I~~
~1~R
(B
Rfl
OF THE STATE OF ILLiNOIS
STATE
OF
ILUNO1S
Pollution
Control
Board
)
)
)
R99-18
)
(Rulemaking-Land)
NOTICE
Matthew
J. Dunn, Chief
Environmental Bureau
Office of the Attorney General
James R.
Thompson Center
100
W. Randolph,
12th
Floor
Chicago, Illinois
60601
(First Class)
Joel
Sternstein, Hearing Officer
IL. Pollution Control Board
James R.
Thompson Center
100W. Randolph, Ste 11-500
Chicago, Illinois
60601
(First Class)
PLEASE TAKE NOTICE that
I have today
filed with the
Office
of the Clerkof the Pollution Control Board the
Additional Supplemental Final Comment ofthe Illinois Environmental Protectian Agency, a copy ofwhich is herewith
served upon you.
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
By:
DATE: October
18, 1999
Illinois
EPA
Division of Legal Counsel
1021
North Grand Avenue East, P.O. Box 19276
Springfield, Illinois
62794-9276
(217)
782-5544
Division of Legal Counsel
THIS FILING IS SUBMITTED ON RECYCLED
PAPER
RECEIVED
CLERK’S
OFFICE
OCT
2
01999
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
STATE OF ILLINOIS
Pollution
Control
Board
IN THE MATTER OF:
)
AMENDMENTS TO PERMITTING
)
FOR USED OIL MANAGEMENT AND
)
R99-18
USED
OIL TRANSPORT
)
(Rulemaking-Land)
35
ILL. ADM. CODE 807 AND 809
)
ADDITIONAL SUPPLEMENTAL FINAL COMMENT
OF
THE ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
NOW COMES the Illinois Environmental Protection Agenéy (“Illinois EPA”), by
and through one ofits attorneys, Kimberly A. Geving,
and pursuant to
35
Ill. Adm.
Code
103.320 and Illinois Pollution Control Board (“Board”) request submits this
ADDITIONAL SUPPLEMENTAL FINAL COMMENT OF THE ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY (“Additional Comment”) in the above-
captioned matter to the Board.
It has come to the attention ofthe Illinois EPA that a definition that was proposed
as part of the initial amendment rulemaking to Part 809
is inconsistent with a federal
definition that was passed under 35 Iii. Adm. Code 722
during an Identical in Substance
rulemaking in 1998.
The definition at issue is the definition of “on-site” found in Section
809.103.
As currently adopted, that definition reads as follows:
“On-site” means (forthe purpose oftransporting hazardous waste)
on the same or geographically contiguous property that may be
divided by public orprivate rights-of-way, provided the entrance
and exit between the properties is at a cross-roads intersection, and
access is by crossing, as opposed to going along the rights-of-way.
THIS FILING IS SUBMITTED
ON RECYCLED PAPER
1
Non-contiguous properties owned by the same person but
connected by a right-of-way that the person controls, and to which
the public does not have access, is also considered on-site property.
If the definition remains as it was adopted in R98-29, it would require parties
transporting hazardous waste considered off site by definition to register and obtain a
Uniform Permit.
Furthermore, it would also require persons delivering
any hazardous
special waste to a permitted hazardous waste transporter offsite to comply with the
manifesting, record keeping, and reporting requirements ofPart 809, Subpart E.
In
contrast, adopting a definition similar to the federal definition in Part 722 would serve to
exempt parties from those requirements if their activities were considered “on-site”.
Therefore, in order to be consistent with the intent ofthe federal Identical in Substance
rules under Part 722, the Illinois EPA proposes amending the definition of“on-site” as
follows:
“On-site” means (for the purpose oftransporting hazardous
waste) on the same or geographically contiguous property
under the control ofthe same person, even if such
contiguous property is
divided by
a public orprivate right-
of-way.
Non-contiguous properties owned by the same
person but connected by a right-of-way that the person
controls, and to which the public does not have access,
is
also considered on-site property.
The Illinois EPA does not believe this issue to be controversial due to the fact that
several members ofthe regulated community have expressed the desire that the definition
in Part
809 be consistent with the definition in Part 722.
WHEREFORE, the Illinois EPA hereby submits this Additional Comnient for the
Board’s consideration and respectfully requests that the Board limit any additional
THIS FILING IS SUBMI11TED ON RECYCLED PAPER
2
comments on the proposal to the definition of “on-site” and not allow any other issue to
be re-addressed.
Dated October
18,
1999
1021
N. Grand Ave. East
P.O. Box
19276
Springfield, Illinois
62794-9276
(217)782-5544
Illinois Environmental Protection
Agency
THIS FILING IS SUBMITTED ON RECYCLED PAPER
Division ofLegal
Counsel
3
STATE OF ILLINOIS
)
)
COUNTY OF
SANGAMON)
PROOF OF
SERVICE
I, the undersigned, on oath state that I have served the attached Additional Supplemental
Final
Comments
of
the
Illinois
Environmental
Protection
Agency
on
behalf of the
Illinois
Environmental Protection Agency upon the person to whom
it is directed, by placing a copy in an
envelope addressed to:
Dorothy M. Gunn, Clerk
Pollution Control Board
James R. Thompson Center
100 West Randolph St., Ste
11-500
Chicago, Illinois 60601
(FIRST CLASS)
Robert Lawley ChiefLegal Counsel
Department ofNatural Resources
524 South Second Street
Springfield, Illinois 62701-1787
(FIRST CLASS)
Service List
(FIRST CLASS)
Matthew J. Dunn, Chief
Environmental Bureau
Office ofthe Attorney General
James R. Thompson Center
100 West Randolph,
12th
Floor
Chicago, Illinois 60601
(FIRST CLASS)
Joel Sternstein, Hearing Officer
IL. Pollution Control Board
James R. Thompson Center
100 W. Randolph, Ste
11-500
Chicago, Illinois
60601
(FIRST CLASS)
and mailing it from Springfield, Illinois on
/O/~~~?
with sufficient postage affixed.
OFFICIAL
SEAL
BRENDA BOEHNER
:~
NOTARY
PUBLIC,
STATE
OF
ILLINOIS
Z
~:MYCOMMISSION
EXPIRES
1 1-14-2O0~
SUBSCRIBED AND SWORN TO BEFORE ME
this
j~
day of
hCT1~D2-~
Notary Public
THIS FILING IS
SUBMITTED ON RECYCLED PAPER
OCT—14-98
13’SE
FROM~
ID’
MatthewJ
Dunn
Chief, Environment Bureau
Office
of
the Attorney General
100 West Randolph
St.,
1 Ith Floor
Chicago, IL
60601
SERVICE
LIST
(R9918)
Kimberly
A (ieving
TEPA, Division ol
Legal Counsel
Assistant Counsel
1021
North Grand Avenue
Liast
Springfield,
I
62704-9276
P1~GE
2
Dorothy M. Gunn
Clerk of the Board
Illinois
Pollution Control
Board
100 West Randolph Street
Suite
11-500
Chicago, IL
60601
Cynthia
Hilton
Executive )ircctor
Assoc. ofWaste Hazardous Materials Transporters
2200 Mill Road
Alexandria,
VA 22314
Jeffrey Jeep
EMCO Chemical Dislributors,
Inc.
2100 Commonwealth Avenue
North
Chicago,
U.
60064
Jennifer Marsh
G,~f?d~
(~
Chemical
Industry Council of Illinois
9801
West higgins
Suite 515
Rosemont,
IL
60018
Jhlinoi~Environmental Regulatory Group
215 East
Adams
Street
Springfield,
IL 62701
Vicki Thomas
JCAR
Wm.
(.1. Stratton
EiIdg.,
Room 700
Springfiekl,
IL 62706
Christopher
Flarris
General
Counsel
National Oil Recyclers Association
1439
West Babcock
Bozeman,
MT 59715
Katherine D. Hedge
Hodge & Dwyer
80$ South Second Street
Springfield,
IL
62704
Robert Lawley
Chief Legal Counsel
Dept.
of
Natural
Resources
524 South
Second
Street
Springfield,
IL 62701-1787.
Paul Pike
(MC~-602)
Arneren
Services
P.O. Box 66149
St. Louis,
MC)
63166
Joel J. Sterristein
Hearing Officer
Illinois Pollution Control Board
100 West Randolph Street
Suite
11-500
Chicago. IL 60601
