July 27, 2006

MS. DOROTHY GUNN, CLERK

Illinois Pollution Control Board

James R Thompson Center

100 West Randolph

Suite 11-500

Chicago, IL 60601

RE: R2006-020

Dear Illinois Pollution Control Board Members :

Our company is writing you in regards to : In the Matter of Amendments to the Board's

Special Waste Rules Concerning Used Oil, 35 111. Adm. 808, 809, RC 06-20

.

Thank you for the opportunity to provide comment in the above referenced rulemaking

.

I

submit this comment on behalf of Future Environmental, a member of NORA

. Future

Environmental is one of the largest Illinois based used oil recyclers, encouraging

thousands of Illinois businesses to recycle the millions of gallons of used oil we collect a

year in Illinois. Future Environmental endorses and supports NORA's rule proposal and

requests that the Board adopt the language proposed by NORA

.

Special Waste manifesting for used oil, including those substances entitled to be

regulated as used oil pursuant to the federal and state regulations, is burdensome and

unnecessary. The Part 739 used oil regulations, along with other shipping/tracking

requirements under DOT provide adequate tracking for used oil . Further we have

outlined in the two Board hearings that if IEPA concludes that more information is

needed for a certain material, we would probably be agreeable to that

.

In our operations we abide by the federal and state regulations concerning used oil,

including the tracking requirements, DOT and other requirements .

We believe that

IEPA's position, as explained at the Board's hearings is inconsistent with the federal

program requirements and actually goes against the intent of the federal regulations in

some areas. The intent of the federal regulations concerning substances and mixtures of

ORIGINAL_

FUTURE ENVIRONMENTALR

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c

E I VE D

CLERK

19701 S97th Ave

'S OFFICE

JUL 3 1 2006

Mokena, IL 60448

STATE OF ILLINOIS

Polltion C

u

ontrol Board

708-479-6900

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used oil and other materials that are to be regulated as used oil under Part 739 .110, was to

assure that the generator of such wastes would have access to recycling avenues, and that

those avenues would not be cost prohibitive, thereby encouraging recycling . USEPA

made a great effort to understand how the used oil recycling business works, including

visiting generators and recyclers, in order to fully comprehend the realities that

generators and recyclers face .

It is clear that it was USEPA's intent that even certain hazardous wastes, when mixed

with used oil are to be regulated as used oil. Part 739.110, b, 2, B&C states that as long

as the mixture ofhazardous waste and used oil does not exhibit a characteristic the

hazardous waste carried prior to the mixture, the mixture is to be regulated as used oil

(only). Special Wastes are non-hazardous wastes. Therefore they do not carry any

characteristics that could cause the used oil to become hazardous .

We are not asking that the Special Waste or Hazardous Waste rules be disregarded, Only

that where both those regulations and the used oil regulations apply (as outlined under

Part 739.110), that the materials be treated as Used Oil in conformance with the used oil

regulations alone (as USEPA intended), including the used oil tracking requirements and

not the Special Waste or Hazardous Waste tracking (and receiving facility) requirements

.

In closing, our company believes that manifesting Used Oil and the materials regulated as

Used Oil under Part 739.110 in the method IEPA has explained they would like to

implement is unnecessary, goes against the intent of the used oil regulations, would

strongly discourage Illinois based recyclers from recycling certain used oil waste streams,

and would be very burdensome and put the Illinois based recyclers at a severe

disadvantage compared to their out of state competitors coming into Illinois . We strongly

encourage the Board to adopt the language proposed by NORA. This action would keep

the Illinois used oil regulations more aligned with the federal regulations and surrounding

states regulations. We look forward to the Board's adoption of NORA's rule proposal

.

Sincerely,

Michael Le

Environmental Compliance Specialist