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April8,
1999
RECEIVED
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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