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    SOUTH
    85TH
    COURT
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    815-464-4100
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    April8,
    1999
    RECEIVED
    CI
    FP(~’~
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    Ilimois Pollution Control Board
    100
    W. Randolph
    APR
    121999
    Chicago, IL 60601
    Re:
    Docket R98-29; Docket W*~18
    STATE OF ILUNOIS
    Used
    Oil Regulations
    /
    ~
    Ladies and Gentlemen:
    ~
    I am writing to provide the comments ofmy company on any proposed regulatory
    7
    changes, pursuant to
    35
    Ill. Adm. Code 807 or 739, that may affect oil recyclers operating
    in the State ofIllinois.
    Our company’s principal concerns are twofold:
    First,
    used oil
    recyclers should not be
    subject to any regulatory or permit requirements that are more
    stringent than the federal requirements set forth in 40 CFRPart 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 ofused oil recycling.
    As you know, the vast majority of states have opted Part
    279 with either no changes or very, minor changes.
    Second,
    it is imperative that Illinois regulations not place a greater burden on Illinois-
    based transporters and recyclers than their outof state competitors.
    Specifically, if a
    recycler in another state is allowedto pick up used oil in Illinois without a manifest or
    special permit conditions and restrictions, it is unfair to impose those requirements on a
    recycler operating a facility in Illinois.
    Also,
    many transporters and recyclers
    in Illinois
    use commercial leased storage for oil transfer facilities for EPA on-specification oil
    storage.
    Those types offacilities will not subjectthemselves to permitting requirements.
    Where will Illinois transporters and recyclers store their oil then?
    Because those
    requirements impose significant paperwork and. cost burdens, the out-of-state recycler
    enjoys a major competitive advantage.
    What useful purpose could be
    served by this kind
    ofdiscrimination?
    In addition,
    it is imperative that Illinois burners of EPA on-
    specification fuel not 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 portionof all the oil in the
    state) go for recycling if they are not willing to burn it?
    There are other important issues concerning the requirements affecting the oil recyclers in
    Illinois.
    These are addressed in a letter to the Board by the General Counsel ofthe
    National Oil Recyclers Association (“NORA”).
    My company fully endorses NORA’s
    cOmments.
    Ifyou need additional
    information, please let me know.
    ~
    Steven Lempera
    President

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