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
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R06-20
PLEASE TAKE NOTICE
that on November 5, 2007, An Association of
Responsible Recyclers
(''NORA'') filed
the attached
RULE
PROPOSAL
AMENDMENT
with Dorothy Gunn, Clerk of the Illinois Pollution Control Board, a
copy
of which is herewith served upon you.
Respectfully submitted,
NORA, AN ASSOCIATION OF
RESPONSIBLE RECYCLERS
By:
lsi
Claire
A.
Manning
One
of its Attorneys
BROWN, HAY
&
STEPHENS, LLP
,'.. .- ...' ". Claire A. Manning
Registration No. 3124724
205
S. Fifth Street, Suite 700
P.O. Box 2459
Springfield, IL 62705-2459
(217) 544-8491
(217) 241-3111 (fax)
cmanning@bhslaw.com
Electronid Filing - Received, Clerk's Office, November 5, 2007
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
In the Matter of
. PROPOSED AMENDMENTS TO
SPECIAL WASTE REGULA
nONS
CONCERNING USED OIL,
35. Ill. Adm. Code, 808, 809
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R06-20
RULE PROPOSAL AMENDMENT
On December 13,2005, An Association of Responsible Recyclers ("NORA"), by
and through its attorneys, Brown Hay
&
Stephens, LLP, by Claire
A.
Manning, filed a
proposed Rule and Statement
of Reasons with the Illinois Pollution Control Board
("Board"). Hearings were held on May 25, 2006 and June 20, 2006. The parties filed
post-hearing briefs. Forty-two (42) public comments were also filed; a majority
of which
were in support of NORA's proposed rule. While the Illinois Environmental Protection
Agency ("IEPA") generally supported a manifest exemption for used oil, it proffered
alternative language than that proposed
by NORA.
The Board has yet to act on a first notice rule proposal.
The rule changes
proposed
by NORA are intended to give full effect to the used oil rules under Part 739 of
Chapter 35 of the Illinois Administrative Code, 35 Ill. Adm. Code 739 ("Part 739") and ..
eliminate duplicative and unnecessary paperwork. As established at the above-mentioned
hearings, requirements similar to the manifesting and hauling requirements contained
in
Part 808 of Chapter 25 of the Illinois Administrative Code, 35 Ill. Adm. Code 808 ("Part
808") for special waste, are set forth as tracking requirements for used oil in Part 739.
The rule proposed
by NORA would eliminate manifesting pursuant to Part 808 for those
entities that properly tracked used oil under Part 739.
Electronid Filing - Received, Clerk's Office, November 5, 2007
NORA suspects that the Board has not yet acted on this rule proposal since the
IEPA and NORA have not been in agreement as to the specific language of the rule.
Accordingly, NORA has reconsidered its original filing and the position espoused by the
IEPA at hearing and in its filings.
At the heart of the IEPA's disagreement with NORA's language is the IEPA's
argument that since Part 739 tracking is not as prescriptive as Part 809 manifesting, the
IEPA will not be in a position to effectively regulate special waste that is being
inappropriately managed as used oil since tracking under Part 739 is not as extensive as
manifesting under Part 809. Specifically, the IEPA argues that it will not be able to
adequately track any waste streams that may result from the inappropriate managementof
used oil.
"In sum, the Illinois EPA believes that by directly encouraging mixtures of
used oil with special waste, NORA's proposal would have a negative
impact on the ability to recycle each waste stream and that without the
tracking of individual waste streams and mixtures, the waste may be
inappropriately handled, managed or burned." (Agency Public Comment;
Public Comment #40, October 10,2006, page 5.)
In this'Rule Proposal Amendment, NORA proposes a more simple approach that
IS intended to accomplish the objectives of both NORA and the IEPA: a manifest
exemption for used oil.' Specifically; NORA seeks to amend its proposal to request that ."
the Board adopt language which would eliminate manifesting for used oil that is tracked
in accordance with Part 739, provided that such tracking contains information relevant
and necessary for the IEPA to ascertain that the material tracked is used oil regulated
under Part 739.
Under this arrangement, the IEPA will be able to oversee and regulate the
transportation of used oil in the very same manner it does now, so that it may continue to
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Electronid Filing - Received, Clerk's Office, November 5, 2007
be aware of individual waste streams and pursue any perceived violations. Concurrently,
members of NORA who have tracking procedures which are relevant and necessary to
identifying the material as used oil under Part 739 will not be required to utilize two
separate and duplicative tracking mechanisms.
The attached language, proposed as Errata Sheet #2, and attached hereto and
incorporated herein as Exhibit A, if added as the last paragraph to Section 809.101
(Authority, Policy and Purpose) would achieve the intended result of all parties. This
language would nullify the need for the previous language proposed by NORA. NORA
urges the Board to accept and adopt this language in a First Notice Order as soon as
possible. This language is responsive to the IEPA's concern, as reflected in hearing, and
as further set forth in its post-hearing comments. In addition, this language allows
NORA's members to manage used oil as contemplated by Part 739, while addressing the
IEPA's stated concerns.
The proposed language puts the burden on a USed oil recycler to identify the waste
stream, just as it would do with manifesting, so that responsible recyclers get the benefit
of reduced paperwork, where those recyclers who do not have tracking mechanisms,
specific to this purpose do not. In this situation, irresponsible recyclers will not be in a
, position to utilize the new language toward an inappropriate purpose, as the IEPA fears..
The proposed language achieves a practical result which nonetheless protects the
environment.
Accordingly, in the interest of common sense and elimination of duplicative
regulations and paperwork, NORA urges the Board to move forward to First Notice with
the proposed language, proposed as Errata Sheet #2, which is attached hereto and
incorporated herein as Exhibit A, as soon as possible.
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Electronid Filing - Received, Clerk's Office, November 5, 2007
BROWN, HAY
&
STEPHENS, LLP
Claire A. Manning
Registration No. 3124724
205
S. Fifth Street, Suite 700
P.O.
Box 2459.
Springfield,
IL
62705-2459
(217) 544-8491
(217) 241-3111 (fax)
cmanning@bhslaw.com
Respectfully submitted,
NORA, AN ASSOCIATION OF
RESPONSIBLE RECYCLERS
By: /s/ Claire
A.
Manning
One
of its Attorneys
,.t.
I • .".
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Electronid Filing - Received, Clerk's Office, November 5, 2007
ERRATA SHEET #2
EXHIBIT A
NORA WITHDRAWS THE PRIOR PROPOSED AMENDMENT AND INITS
PLACE PROPOSES THE FOLLOWING AMENDMENT TO 35 Ill. Adm. Code
809.101:
PART 809.101
Authority, Policy and Purposes; Applicability
Pursuant to the authority contained in Sections 5, 10, 13, 21, 22, 22.01, and 22.2 of the
Environmental Protection Act [415 ILCS 5/5, 10, 13, 21, 22, 22.01, 22, and 22.2], and
consistent with the policy and purposes expressed in Section 20 [415 ILCS 5/20] thereof,
the Board adopts this Part. This Part prescribes the procedures for
the Unifonn
Hazardous Materials Transportation and Registration Program and for the issuance
of
pennits to nonhazardous special waste transporters; for the inspection and numbering of
vehicles; and for proper hauling of special wastes to approved disposal, storage and
treatment sites.
It
is the purpose of this Part to control only wastes as defined herein.
Used oil which is regulated under 35 Ill. Adm. Code 739 is not subject to the manifesting
and pennit hauling requirements
of this Part, including Sections 809.210(b); 809.211;
809.301; 809.302(a); 809.50lCa), provided that the tracking documents which are utilized
pursuant to 35 Ill. Adm. Code Part 739 contain infonnation relevant and necessary to
identify and track the material
as used oil regulated under that Part.
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Electronid Filing - Received, Clerk's Office, November 5, 2007
CERTIFICATE OF SERVICE
The undersigned certifies that a copy of the foregoing
RULE PROPOSAL
AMENDMENT
was filed, electronically, with the Clerk of the Illinois Pollution Control
Board, and with copies being placed in the U.S. mail on November
5, 2007 and addressed
to:
JOHN THERRIAULT
Assistant 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
ChiefLegal Counsel
One Natural Resources
Way
Springfield, Illinois 62702-1271
OFFICE OF THE ILLINOIS ATTORNEY GENERAL
Matthew
J. Dunn
188 W. Randolph St., 20
th
Floor
Chicago, Illinois 60601
ILLINOIS ENVIRONMENTAL REGULATORY GROUP
Deirdre
K.
Himer
Executive Director
Brenda Carter
Project Manager
3150 Roland Avenue
Springfield, Illinois 62703
Electronid Filing - Received, Clerk's Office, November 5, 2007