CLERK’S

OFFICE

Gateway

Petroleum

Co.,

Inc.

APR

91999

7200 West Main

“T’~

Belleville, Illinois

62223

~‘.

ILLINOIS

(314)

231-2756

Pollutjo~Control Board

(618) 397-8340

(618)

397-9590

Fax

Illinois

Pollution Control Board

/ ~2

100 West Randolph

Chicago, Illinois 60601

RE: DocketR98-29; Docket R9~Z18

Used Oil Regulations

Ladies & Gentlemen:

I am

writing to provide the comment of my company on

any proposed regulatory

changes, pursuant to

Ill. Adm.

Code 807 or 739, that may affect oil recyclers

operating in the State of Illinois.

Our company’sprincipal concerns

are twofold: First, used oil recyclers should notbe subject to any regulatory or permit requirements that are more

stringent than the federal requirements

set forth in 40 CFR Part 279.

It is my understanding that Part 739 requires

that Illinois’

used oil regulations must be “identical in substance” to the federal requirements.

This makes good

sense because the federal used oil management standards work well, are enforceable, and encourage legitimate

methods of used oil recycling. As

you

know, the vast majorityof states

haveopted Part 279

witheither no changed

or very minorchanges.

Second, it is imperative that Illinois regulations not place a greaterburden on Illinois-based transporters and

recyclers than their out of state competitors.

Specifically, if a recyclers inanother state is allowed to pick up used

oil in Illinois

without a manifest or special permit conditions and restrictions, it is unfairto impose those

requirements on a recycler operating our of a facility in Illinois.

Also, many transporters and recyclers

in Illinois use

commercial leasedstorage for oil transfer facilities or EPA on-specification oil storage.

Those types of facilities

will notsubject themselves to permitting requirements.

Where will Illinois transporters and recyclers

store their oil

then?

Because those requirements impose significant paperwork and cost burdens, the our-of-state recyclers enjoys

a major competitive advantage.

What useful purpose could be served by this kind of discrimination?

In addition, it

is imperative that Illinois burners of EPAon-specification fuel ~

be required to be permitted

or they

will simply

switch back to virgin fuel.

Where will the oil going to them

(which is a good portion of all the oil in the state) go for

recycling ifthey

are not willing to burn it?

There are other important issues concerning the requirements affecting the oil recylcers

in Illinois.

These

are

addressed in a letter to the Board of General Counsel of the National Oil Recyclers Association (“NORA”).

company fullyendorses NORA’s comments.

you

need additional information, please let me

know.

Sincerely,

Od~~

Roland Odenwald, Jr.

OlLJ?~

—

National

Oil liecyclers Association

~ocIpt~