BEFORE THE ILLINOIS POLLUTION CONTROL BOARIPLERK'S
RECEIVEDOFFICE
MAY 0 1 2006
IN THE MATTER OF :
)
STATE OF ILLINOIS
PROPOSED AMENDMENTS TO THE
)
R06-20
BOARD'S SPECIAL WASTE
)
(Rulemaking-Land)
REGULATIONS CONCERNING
)
USED OIL, 35 ILL . ADM. CODE 808, 809
)
NOTICE OF FILING
Dorothy Gunn, Clerk,
William Richardson, Chief Legal Counsel
Illinois Pollution Control Board
Office of Legal Counsel
James R . Thompson Center
Illinois Dept . of Natural Resources
100 W . Randolph, Suite 11-500
One Natural Resources Way
Chicago, Illinois 60601
Springfield, Illinois 62702-1271
Matthew J. Dunn
Tim Fox, Hearing Officer
Environmental Bureau Chief
Illinois Pollution Control Board
Office of the Attorney General
James R . Thompson Center
James R . Thompson Center
100 W . Randolph St .
100 W . Randolph, 12" Floor
Suite 11-500
Chicago, Illinois 60601
Chicago, Illinois 60601
Claire A . Manning
Anand Rao, Environmental Scientist
Brown, Hay & Stephens, LLP
Illinois Pollution Control Board
700 First Mercantile Bank Building
James R . Thompson Center
205 South Fifth St ., P .O . Box 2459
100 W . Randolph St., Suite 11-500
Springfield, Illinois 62705-2459
Chicago, Illinois 60601
Deirdre K . Himer, Executive Director
Illinois Environmental Regulatory Group
3150 Roland Avenue
Springfield, Illinois 62703
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of the
Illinois Pollution Control Board an APPEARANCE and COMMENTS OF THE ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY a copy of each of which is herewith served
upon you.
DATE : 9'C2
^06
1021 North Grand Avenue East
P .O . Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
ILLINOIS ENVIRONMENTAL PROTECTION
AGENC
By :
Step 'f
~
ie Flowers
=-d- - -
Assistant Counsel
Division of Legal Counsel
BEFORE THE ILLINOIS POLLUTION CONTROL BOARDRECEIVED
CLERK'S
OFFICE
MAY 0 1 2006
IN THE MATTER OF :
STATE OF ILLINOIS
)
Pollution Control Board
PROPOSED AMENDMENTS TO THE
)
R06-20
BOARD'S SPECIAL WASTE
)
(Rulemaking -Land)
REGULATIONS CONCERNING
)
USED OIL, 35 ILL . ADM. CODE 808,809
)
APPEARANCE
The undersigned hereby enters her appearance as attorney on behalf of the Illinois
Environmental Protection Agency.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
DATED:
'7€
--044
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
By:
Steph .lie Flowers
Assistant Counsel
Division of Legal Counsel
RECEIVEDCLERK'S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MAY 0 1 2006
IN THE MATTER OF :
)
Pollution Control
Boa
d
PROPOSED AMENDMENTS TO THE
)
R06-20
BOARD'S SPECIAL WASTE
)
(Rulemaking -Land)
REGULATIONS CONCERNING
)
USED OIL, 35 ILL
. ADM . CODE 808,809
)
COMMENTS OF THE
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
NOW COMES the Illinois Environmental Protection Agency ("Illinois EPA"), by and
through one of its attorneys, Stephanie Flowers, and submits its COMMENTS in the above-
captioned matter to the Illinois Pollution Control Board ("Board") stating as follows
:
I.
INTRODUCTION
The Illinois EPA submits these comments in response to the proposal filed in this matter
on December 13, 2005 by the National Oil Recyclers Association ("NORA")
. The Illinois EPA
prior to the filing of the proposal in this matter had several discussions with NORA regarding the
manifesting and hauling requirements for used oil
. These discussions were limited to the
elimination of manifests for used oil that is defined by and managed in accordance with the used
oil regulations at 35 111 . Adm
. Code 739 ("Part 739") and elimination of hauling permits for
transporters that are transporting no special waste other than used oil that is defined by and
managed in accordance with Part 739
. No other aspects of the special waste regulations were
discussed with NORA, and the Illinois EPA believes NORA does not intend to exclude used oil
from the definition of special waste, special waste reporting, or any other requirement that
applies to special waste
.
1
The Illinois EPA agrees that an exemption from the manifesting requirement of 35 Ill .
Adm, Code .809 ("Part 809") is proper for used oil that is defined by and managed in accordance
with Part 739 . Currently, Part 739 requires tracking of used oil shipments
. Since Part 739
requires used oil to be tracked, the additional requirement of manifesting under Part 809 is
unnecessary. However, a manifest exemption in Part 809 should clarify that it only applies to
used oil that is defined by and managed in accordance with Part 739 and would not apply to
other wastes transported on the same load .
Additionally, the Illinois EPA agrees that an exemption from the hauling permit
requirement of Part 809 is proper for loads that contain no special waste other than used oil that
is defined by and managed in accordance with Part 739
. The Illinois EPA would require the
transporter to register with the Illinois EPA as a used oil transporter in the same manner of
notification as stated in Section 739 .142
. Also, the exemption must clarify that it applies only to
the load that a vehicle is carrying and does not apply to an individual vehicle or all vehicles
operated by the transporter.
II.
SECTION 808.121(b)(5)
The Illinois EPA disagrees with the proposed language of the exemption in Part
808 .121(b)(5) because it applies to either used oil as defined by or managed pursuant to 35 Ill
.
Adm. Code 739 (emphasis added)
. It is the Illinois EPA's opinion that the used oil must satisfy
both criteria (i.e.
used oil must be both defined by and managed in accordance with Part 739)
before the exemption would apply because used oil is subject to regulations other than Part 739
.
Only used oil that is defined by and managed in accordance with Part 739 would be eligible for
the exemption . Also, the transporter exemption from hauling permits should be clear that it
2
would not apply to a vehicle that is also transporting other special waste that is not used oil that
is defined by and managed in accordance with Part 739 . Therefore, the Illinois EPA
recommends the following language at 808 .121(b)(5) and (6):
(5) The generator is not required to complete a manifest for used oil that is defined by
and managed in accordance with 35 Ill. Adm . Code 739 .
(6) A transporter is not required to have a special waste hauling permit to transport a load
that contains no special waste other than used oil that is defined by and managed in accordance
with 35 Ill . Adm. Code 739 if the transporter has registered with the Agency as a used oil
transporter.
III.
SECTION 809.211(1)
The Illinois EPA disagrees with the language of the exemption in Part 809 .211(1),
specifically the wording "subject to regulation as used oil" since used oil can be subject to
regulation both under Part 739 and other regulations . The Illinois EPA recommends the wording
"defined by and managed in accordance with Part 739" . Also, the transporter exemption from
hauling permits should be clear that it would not apply to a vehicle that is also transporting other
special waste that is not used oil that is defined by and managed in accordance with Part 739 .
Therefore, the Illinois EPA recommends the following language be added to Section 809 .211 :
(1) Any person who hauls only used oil that is defined by and managed in accordance with
35 Ill. Adm. Code 739, and who has registered with the Agency asa used oil transporter" .
3
IV.
SECTION 809 .301 (a)
The Illinois EPA disagrees with the language of the exemption in Part 809
.301(a)
. The
proposed change in 809
.301 (a) could be read to exempt all special waste from manifests if it is
transported by a used oil hauler
. Since the exemption, as proposed, could be applied to all
hazardous and non-hazardous waste including used oil destined for disposal, the exemption
would be less stringent than the federal RCRA regulations
. The Illinois EPA recommends the
following language be added to 809
.302(a):
The generator is not required to complete a manifest for used oil that is defined by and
managed in accordance with 35 Ill
. Adm. Code 739
. A transporter is not required to have a
special waste hauling permit to transport a load that contains no special waste other than used oil
that is defined by and managed in accordance with 35 Ill
. Adm . Code 739 if the transporter has
registered with the Agency as a used oil transporter
.
V .
SECTION 809 .302(a)
The Illinois EPA disagrees with the language of the exemption in Part 809
.302(a) as
written
. The language amendment proposed by NORA for Section 809
.302(a) could allow a
facility to accept waste from a non-permitted transporter without a manifest if they haul used oil
at some point in time and register as a used oil transporter
. The exemption as proposed, could be
interpreted to apply to all hauling vehicles that belong to the registered transporter regardless if
they are hauling used oil or some other waste
. The Illinois EPA recommends the following
language be added to 809.302(a)
:
The generator (or transporter) is not required to complete a manifest for used oil that is
defined by and managed in accordance with 35 111
. Adm . Code 739
. A transporter is not required
4
to have a special waste hauling permit to transport a load that contains no special waste other
than used oil that is defined by and managed in accordance with 35 Ill . Adm. Code 739 if the
transporter has registered with the Agency as a used oil transporter .
VI.
SECTION 809.501 (a)
The Illinois EPA disagrees with the language of the exemption in Part 809 .501 (a) as
written. The proposed exemption in 809 .501(a) does not require the load of used oil to be in
compliance with Part 739, only that the hauler hauls some used oil regulated under Part 739 .
The wording "subject to regulation as used oil" could be interrupted to mean that the used oil
does not comply with the requirements of 739, but is a material that falls within the applicability
section of 739 .110. Furthermore, it is ambiguous as to whether the individual truck or the
company has to meet the exemption, since a person can be an individual or a company as defined
in Part 809 . Therefore, the Illinois EPA recommends the following language be added to
809.501(a)
:
The generator (or transporter) is not required to complete a manifest for used oil that is
defined by and managed in accordance with 35 Ill . Adm. Code 739 . A transporter is not required
to have a special waste hauling permit to transport a load that contains no special waste other
than used oil that is defined by and managed in accordance with 35 Ill . Adm. Code 739 if the
transporter has registered with the Agency as a used oil transporter .
VII.
CONCLUSION
The Illinois EPA does not object to used oil as defined in Part 739 being exempt from
hauling permits and manifests if managed in compliance with Part 739 because Part 739 has its
5
own provisions for proper transportation and tracking of used oil
. However, the Illinois EPA
does oppose the language used to accomplish the exemption
. Therefore, the Illinois EPA has
suggested alternate language that the Illinois EPA could support and that would accomplish the
goal of NORA's proposal
.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
DATED :
q-d6
-O6
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
By:
6
IF ,
St 'hanie Flowers
Assistant Counsel
Division of Legal Counsel
STATE OF ILLINOIS
)
COUNTY OF SANGAMON
)
PROOF OF SERVICE
I, the undersigned, on oath state that I have served the attached
APPEARANCE and
COMMENTS OF THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
upon the
persons to whom they are directed, by placing a copy of each in an envelope addressed to
:
Dorothy Gunn, Clerk,
Illinois Pollution Control Board
James R . Thompson Center
100 W. Randolph, Suite 11-500
Chicago, Illinois 60601
Matthew J
. Dunn
Environmental Bureau Chief
Office of the Attorney General
James R
. Thompson Center
100 W . Randolph, 12th Floor
Chicago, Illinois 60601
Claire A . Manning
Brown, Hay & Stephens, LLP
700 First Mercantile Bank Building
205 South Fifth St ., P .O . Box 2459
Springfield, Illinois 62705-2459
Deirdre K . Hirner, Executive Director
Illinois Environmental Regulatory Group
3150 Roland Avenue
Springfield, Illinois 62703
and mailing it by First Class Mail from Springfield, Illinois on April
1,
2006, with sufficient
postage affixed .
SUBSCI~BED AND SWORN TO BEFORE ME
This Ojj day of April, 2006 .
1
Ift
LL
William Richardson, Chief Legal Counsel
Office of Legal Counsel
Illinois Dept
. of Natural Resources
One Natural Resources Way
Springfield, Illinois 62702-1271
Tim Fox, Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 W . Randolph St.
Suite 11-500
Chicago, Illinois 60601
Anand Rao, Environmental Scientist
Illinois Pollution Control Board
James R. Thompson Center
100 W . Randolph St ., Suite 11-500
Chicago, Illinois 60601
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