BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
In the Matter of
PROPOSED AMENDMENTS TO
SPECIAL WASTE REGULATIONS
CONCERNING USED OIL,
35.
Ill. Adm. Code, 808, 809
NOTICE OF FILING
To:
ATTACHED SERVICE LIST
PLEASE TAKE NOTICE
that on May 16, 2006 we filed
the attached
PRE-FILED
TESTIMONY
OF
VICTORIA CUSTER
with Dorothy
Gum,
Clerlc of the Illinois Pollution
Control Board, a copy of which is herewith served upon you.
Respectfully submitted,
NORA, AN ASSOCIATION OF RESPONSIBLE
RECYCLERS
By:
//Claire A.
Manning
Claire A. Manning, one of its attorneys
BROWN, HAY
&
STEPHENS, LLP
Claire A. Manning,
Esq.
Registration No. 3
124724
205 S. Fifth Street, Suite 700
P.O. Box 2459
Springfield, IL 62705-2459
(21 7) 544-8491
(217) 241-31
11 (fax)
Crnanningiiibhslaw.com
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 16, 2006
CERTIFICATE OF SERVICE
The undersigned certifies that a copy of the foregoing PRE-FILED
TESTIMONY OF
VICTORIA CUSTER
was filed, electronically, with the Clerk of the Illinois Pollution Control
Board, and with copies of such
rule proposal being placed in
llle U.S. mail on May 16, 2006 and
addressed to:
DOROTHY
GUNN
Clerk of the Board
Illinois Pollution Control Board
100 W. Randolph Street, Suite 11-500
Chicago, Illinois 60601
TIM FOX
Hearing Officer
Illinois Pollution Control Board
100 W. Randolph Street, Suite 11-500
Chicago, Illinois 60601
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Stephanie Flowers
Division of Legal Counsel
1021 North Grand Avenue
P.O. Box 19276
Springfield, Illinois 62794-9276
ILLLINOIS DEPARTMENT OF NATURAL RESOURCES
William Richardson
Chief Legal Counsel
One Natural Resources Way
Springfield, Illinois
62702-1271
OFFICE OF THE ILLINOIS ATTORNEY GENERAL
Matthew J. Dunn
188 W. Randolph St.,
20"' Floor
Chicago, Illinois 60601
ILLINOIS ENVIRONMENTAL REGULATORY GROUP
Deirdre K. Hirner
Executive Director
3 150 Roland Avenue
Springfield, Illinois 62703
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 16, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
In the Matter of
SPECIAL WASTE REGULATIONS
CONCERNING USED OIL,
35.
Ill. Adm. Code, 808, 809
PRE-FILED TESTIMONY
OF VICTORIA CUSTER
Good morning. My name is Victoria Custer and I have been employed by
Southwest Oil
for 3 1 years.
Southwest Oil is a
used oil collector that has watched the
used oil industry evolve
and
environmental regulations be established
-
for good reasons.
In 1984 used oil recycling was
largely unregulated,
but the adoption of comprehensive regulatory controls, strongly supported
by NORA and its members, sharply
reduced inferior management practices.
Used oil has departed
from a waste that the
automotive industry paid a fee for removal, to
a highly sought commodity
. . .
a product with a value
. .
.
energy recovery.
A
comn~odity
bought
and sold in commerce is by definition valuable and is therefore handled with greater care. This
used oil product is usually classified as on-specification oil that is utilized primarily as an
industrial burner fuel which is completely incinerated.
I am the chairperson for
NORA'S Illinois Working Group and a director on the board of
NORA.
NORA,
an
Association of Responsible Recyclers
is
a national
trade
association
comprised of more than 200 companies that promotes proper recycling through education and
the development of legislation at the federal, state and local levels. Founded in 1984, NORA
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 16, 2006
was
active
in
the
development of
the
regulations promulgated
by
the
United States
Environmental Protection Agency ("US EPA") that govern the handling and recycling of used
oil.
NORA members each year commit to the following Guiding Principles in the management of
sound environmental policy, a high standard of integrity, continual improvement and the
implementation of six principles in conducting business activities.
1.
Make health, safety and environmental considerations a top priority in planning for all
existing and new facilities, processes, products and services.
2.
Commitment to comply with all applicable environmental laws and regulations.
3.
Identify
and implement, where practicable, pollution
prevention
measures, source
reduction and waste minimization
that
are appropriate
to
the nature, scale and
environmental impacts of our activities and service.
4.
Participate with government and others in creating responsible laws, regulations and
standards to safeguard our community, workplace and environment.
5.
Communicate this commitment to responsible recycling and these guiding principles to
employees, customers and community.
6.
And
continually seek
opporlunities
to
improve the principles
and
procedures of
responsible recycling by sharing experiences with others and periodically reviewing
overall environmental performance.
NORA consists of eleven committees. The Illinois Working Group is a subgroup of the Used
Oil Recycling Council and was created to seek revisions to the IPCB special waste regulations as
they relate to the
used oil recycling industry in Illinois.
The Illinois Working Group's goal is to
seek an Illinois program equivalent to the federal program and eliminate the burdensome special
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 16, 2006
waste hauling and manifesting requirements imposed on used oil.
The inconsistency adversely
impacts NORA members as it is more onerous to do business in Illinois than in neighboring
states.
The State of Indiana is a specific example of how Illinois' treatment of used oil is more
regulatorily burdensome. On January 20, 1988, Indiana's Solid Waste management Board voted
to repeal Indiana's Liquid Industrial Waste Hauler Rule effective March
6,
1988. See Exhibit A.
The repeal ended the requirement to have a permit to
ha111 liquid industrial waste in the State of
Indiana and the associated monthly reporting requirement.
The repeal
did
affect hazardous
waste transportation requirements. Following the federal program without the added burden of
managing additional paperwork, eased the excessive redundant responsibilities of employees.
In closing, Southwest Oil would not only benefit from the elimination of this excessive
expense
and redundant responsibilities required of employees,
but our customer base will grow
based on the fact that generators will not feel the apprehension and stigma that is associated with
the manifest, even though tracking will be performed as required by the federal program, which
has been adopted in Illinois.
Respectfully submitted,
lsNictoria Custer
BROWN, HAY
&
STEPHENS, LLP
Claire A. Manning,
Esq.
Registration No.
3
124724
205 S. Fifth Street, Suite 700
P.O. Box 2459
Springfield, IL 62705-2459
(2 17)
544-849 1
(217) 241-3111 (fax)
Cmamline@,bl~slaw.con~
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 16, 2006
INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
NANCY A
MALO LEY, Commissioner
105
South Meridian Street
P.O. Box
6015
Indianapolis
46206,6015
Telephone
3
17-232-8603
FINAL NOTICE TO LIQUID WASTE HAULER PERMIT HOLDERS
On January 20, 1988, the Solid Waste Management Board voted to repeal
330
1AC 4-10 (formerly
SPC-17), Indiana's Liquid Industrial Waste Hauler
Rule. This action has been approved by the Office of the Attorney General and
the Governor of the State of Indiana. The final action was filed with the
Indiana Secretary of State on February 5, 1988.
Notice is hereby given that effective March 6, 1988, 330
1AC 4-10 is
repealed. This repeal ends the requirement to have a permit to haul liquid
industrial waste in the State of Indiana and the associated monthly reporting
requirement. This repeal does not affect hazardous waste transportation
requirements as defined by
JZU
LAC
4.1, consistent with requirements of the
Resource Conservation and
RSery Act.
If you have any questions re arding this matter, please contact Mr. Jeff
McClain of this office at AC
3177232-4524.
Dated at Indianapolis, Indiana, this
-
---
day of February 1988.
Office
of Solid
and
Hazardous
EXHIBIT
Waste Management
An Equal Opportunity Employer
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 16, 2006
