RECEIVED)
CLERK'S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
FEB ® 1 2002
STATE OF ILLINOIS
Pollution Control Board
IN THE MATTER OF:
PETITION OF WORLD RECYCLING, INC.,
d/b/a PLANET EARTH ANTIFREEZE
FOR AN ADJUSTED STANDARD FROM
35 ILL. ADM. CODE 720.131(c)
AS-02-
(Adjusted Standard)
NOTICE OF FILING
PLEASE TAKE NOTICE that on this date, I delivered for filing with the Clerk of the Illinois
Pollution Control Board of the State of Illinois, a PETITION FOR AN ADJUSTED STANDARD,
a copy of which is attached hereto and herewith served upon you by UPS Next Day Air.
Dated: January 31, 2002
Respectfully submitted,
World Recycling, Inc., d/b/a
Planet Earth •
N
ifreez7 etitioner
By:
.
IM
Atto7rie Ch.! le F. Helsten
Firm No. 695
Attorney Charles F. Helsten
HINSHAW & CULBERTSON
PO Box 1389
Rockford, IL 61105-1389
(815)963-8488
This document utilized 100% recycled paper products.
284497.1
RECEIVED
CLERK'S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
FEB - 1 2002
STATE OF ILLINOIS
Pollution Control Board
IN THE MATTER OF:
PETITION OF WORLD RECYCLING, INC.,
d/b/a PLANET EARTH ANTIFREEZE
FOR AN ADJUSTED STANDARD FROM
35 ILL. ADM. CODE 720.131(c)
AS-02- 9-
(Adjusted Standard)
APPEARANCE
Charles F. Helsten, Hinshaw & Culbertson, 100 Park Avenue, Rockford, Illinois 61101,
as
attorney, hereby enters his appearance on behalf of the Petitioner, World Recycling,
Inc., d/b/a
Planet Earth Antifreeze, in the above-captioned case.
Dated: January 31, 2002
World Recycling, Inc., d/b/a
Planet Eart ti
ieeze,
Peti
ner
By:
10 4rti
Char ' elsten, Its • ttorney
Firm No. 695
Attorney Charles F. Helsten
HINSHAW & CULBERTSON
PO Box 1389
Rockford, IL 61105-1389
(815)963-8488
This document utilized 100% recycled paper products.
284499.1
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
CLERK'S OFFICE
FEB - 1 2002
STATE OF ILUNOIS
Pollution Control Board
IN THE MATTER OF:
PETITION OF WORLD RECYCLING, INC.,
d/b/a PLANET EARTH ANTIFREEZE
FOR AN ADJUSTED STANDARD
FROM 35 ILL. ADM. CODE 720.131(c)
AS-02- 9-,
(Adjusted Standard)
PETITION FOR ADJUSTED STANDARD
World Recycling, Inc., d/b/a Planet Earth Antifreeze (hereinafter referred to as "PEA"),
by its attorneys, Charles Helston of Hinshaw & Culberston, hereby petitions the Illinois
Pollution Control Board ("Board") for an Adjusted Standard pursuant to 35 Ill. Adm.
Code § 104.400 et seq. and Section 28.1 of the Illinois Pollution Control Act, 415 ILCS
5/28.1 ("Act"). PEA requests that the Board grant an adjusted standard from 35 Ill.
Adm.Code 720.131(c) and states as follows:
a)
A
statement describing the standard from which an adjustment is sought.
PEA requests that the Board review PEA's process of filtering used antifreeze
at a customer's site, and determine that the filtered used antifreeze is a
commodity-like material. PEA requests that the Board make a solid waste
determination, in accordance with 35 IAC 720.131(c), that the filtered used
antifreeze is not a solid waste, and being so, is not regulated as such.
b)
A statement that indicates the regulation of general applicability was
promulgated to implement, in whole or in part, the requirements of the
CWA (33 USC 1251 et seq.), Safe Drinking Water Act (42 USC 300(f) et
seq.), Comprehensive Environmental Response, Compensation and
Liability Act (42 USC 9601 et seq.), CAA (42 USC 7401 et seq.), or the
State programs concerning RCRA, UIC, or NPDES [415 ILCS 5/28.1].
The regulation of general applicability, 35 IAC 721.131(c), was promulgated
to implement, in part, the State program concerning the Resource
Conservation and Recovery Act.
c)
The level of justification as well as other information or requirements
necessary for an adjusted standard as specified by the regulation of
general applicability or a statement that the regulation of general
applicability does not specify a level of justification or other
requirements.
There is no level of justification specified by 35 IAC
721.131(c); however, the regulation of general applicability does include
specific criteria, which must be followed by the Board in making the solid
waste determination. The criteria, as they apply to PEA's process, are
described as follows:
1. The degree of processing the material has undergone and the
degree of further processing that is required.
PEA filters used antifreeze upon their customers' request. Once
the customer has collected a certain amount of used antifreeze,
PEA is notified. PEA arrives onsite with their "filtration-
system" equipped truck. The system consists of a pump and a
two-stage bag filtration system. The used antifreeze is first
filtered through a 20-micron filter and then a 5-micron filter.
Following filtration, the antifreeze is pumped into a polyethylene
tank where dyes and inhibitors are added, thereby creating a
useable product which is sold back to the customer. This system,
hereafter will be referred to as "onsite filtration".
Before filtering the drum/container of used antifreeze, the
customer is questioned as to whether or not the used antifreeze is
free from contaminants and if it has been stored in a safe and
secure manner. PEA provides each customer with a clean drum
to store the used antifreeze. Each drum is labeled "USED
ANTIFREEZE ONLY". Exhibit 1 includes a copy of the labels
PEA provides to its customers. In addition, customers sign a
certification statement indicating that used antifreeze is the only
material presented to PEA (a copy of the certification statement
is included as Exhibit 2. Before accepting the used antifreeze,
the antifreeze is visually checked for petroleum products such as
oil. The physical inspection consists of dipping a clear plastic
tube (suction hose) into the used antifreeze and examining it for
evidence of contamination such as an oil sheen or a detectable
petroleum odor. A presence of either a sheen or odor would
result in rejection of the used antifreeze. The customer is then
responsible for disposal of the material.
The used antifreeze is run through PEA's truck mounted bag
filtration system to remove particles of rust, scale, pieces of
gasket and other solid particles. Once the material is filtered,
PEA then transports the filtered used antifreeze to its central
processing facility for further conditioning where chemical
inhibitors and dyes are added to the filtered antifreeze.
Page 2 of 13
These "additives" will improve the quality of the end product.
After the inhibitors and dyes are added, the material is sold back
to the customer in quantities equal to the amount filtered. This
material is equivalent to virgin antifreeze from a chemical,
physical, and financial aspect. The only distinction between the
virgin material and the filtered material is the color, water
content, additive levels, and price. The filtered used antifreeze
can be sold at a lesser price than the virgin material. The filtered
used antifreeze, following the addition of dues and inhibitors,
contains residual inhibitors and may be used as product
antifreeze without further processing. The chemical analysis on
the filters and filtered used antifreeze, which is detailed in the
ensuing sections, will provide proof of such a claim. The expert
testimony of Mr. Edward Eaton, a chemical engineer with
experience in the antifreeze recycling industry, in the April 1,
1998 hearing in the matter of Petition of Recycle Technologies,
Inc., indicated that "filtered used antifreeze is not merely
commodity-like, but a commodity". Mr. Eaton stated that there
is an extensive market for filtered used antifreeze. The
advantage to the filtered product is that it does not need to be
mixed with water, as does virgin antifreeze. A copy of the
hearing transcript is included as Exhibit 3.
PEA's onsite filtration process is similar to the Wynn Du-All 0
commercial on-site antifreeze recycling system. According to
expert testimony in the April 1, 1998 hearing in the matter of
Petition of Recycle Technologies, Inc., "the on-site filter system
that Recycle Technologies was using (a two-stage filtration unit),
is essentially the same as the WYNN Du-All ®" commercial on-
site antifreeze recycling machine which is used and approved by
General Motors and the Chrysler Corporation". In addition, this
type of filtration system also satisfied standards adopted by the
American Society for Testing and Materials (ASTM) when
inhibitors and dyes are added. Testimony also indicated that the
WYNN recycle coolant technology met the ASTM standard for
new coolant (ASTM 3306 - Standard Specification for Ethylene
Glycol Base Engine Coolant for Automobile and Light Duty
Service) and the then proposed, standard for Recycled Prediluted
Aqueous Glycol Base Engine Coolant (50% Volume %
Minimum) for Automobile and Light-Duty Service (this standard
was promulgated in 1999). The Wynn system is presented in the
General Motors Service Bulletin 73-62-14 entitled Approved
Engine Coolant Recycling Processes, which is included as
Exhibit 4.
Page 3 of 13
One difference between the WYNN Du-All ®" system and that
of PEA's is that PEA's filters are 20 inches long as opposed to
Wynn's 10 inch filters. A longer filter would increase the
surface area, thus enabling a greater amount of material to be
filtered.
PEA's onsite-filtered antifreeze was analyzed following the
filtration and augmentation of additives and dyes. Two types of
analysis were completed. The first was conducted to determine
the chemical characteristics of the material. This analysis was
compared to industry and ASTM coolant specification standards.
The analysis report indicates that the filtered used antifreeze is
"suitable for continued use". Please refer to Exhibit 5 for a copy
of the analytical report. The analysis were compared to the
following three standards/specifications:
1) ASTM D6471 (Standard Specifications for Recycled
Prediluted Aqueous Glycol Base Engine Coolant (50%
Volume % Minimum) for Automobile and Light-Duty
Service), this standard was promulgated in November
1999;
2)
GM Standard 1825M, and;
3)
ASTM D3306 Standard (Standard Specification for
Ethylene Glycol Base Engine Coolant for Automobile and
Light Duty Service).
Exhibit 6 contains a list of each of the above
standards/specifications. The analytical results indicate that the
on-site processed used antifreeze meets all three sets of the
chemical and physical requirements.
The second set of analytical included a full hazardous waste
determination of the onsite-filtered antifreeze. The analysis
revealed the filtered used antifreeze to be below all hazardous
waste levels. In addition, PEA had a full hazardous waste
analysis conducted on both filters. The analysis concluded that
both filters were also non-hazardous. Copies of the analytical
reports are included in Exhibits 7 and 8, respectively.
In order to be competitive, PEA started transporting the filtered
antifreeze back to a centralized location for further conditioning,
Page 4 of 13
specifically to enhance the cosmetic appearance of the end or
final product. Additives are now mixed at the central facility
rather than at the customers/generators site, and the processed
antifreeze is then sold back to the original customers. This
system, hereafter will be referred to as "offsite-processing".
All the competing antifreeze recyclers are now conducting the
same procedure, although some are not filtering onsite. Refer to
Exhibit 9 for a list of competing companies and their methods of
recycling. The split absorption/filtration process, which PEA
conducts at its centralized filtration location, is designed to
further remove dyes and coloring from the filtered antifreeze in
order to give the final product a more uniform color. The end
result produces a nearly pure ethylene glycol and water mixture.
This type of process produces the same end product, as does the
reverse osmosis process. A representative of Tri-Tech
Worldwide Corporation, one of the first and leading
manufactures of antifreeze recycling equipment, as well as being
PEA' s supplier, has stated the following: "the split
absorption/filtration process which PEA uses, produces the same
results as does the used antifreeze which is processed through a
reverse osmosis system. In fact, Tri-Tech representative stated
that "there are customers that have used both systems and prefer
the split absorption/filtration process because it produces a
better-finished product". One reason why PEA chose not to use
the RO system is that hazardous chemicals have to be used in the
"cleaning" of the system. Tri-Tech Worldwide Corporation
conducted many tests of the split absorption/filtration process
showing that the end result produces a quality product. A copy
of a "before and after" analysis of antifreeze run through the split
absorption/filtration process is included as Exhibit 10. The
"after" analysis (Lab No. 6382) shows that the metals and
physical test results are within the acceptable levels of usable
antifreeze.
2.
Value of the material after it has been reclaimed.
The quality of the onsite filtered material is chemically and
physically the same as virgin product. Both the filtered used
antifreeze and the virgin antifreeze consists primarily of ethylene
glycol, which is the base substance of antifreeze, and residual
dyes and inhibitors. The filtered used antifreeze contains an
approximate 50-50 ratio of antifreeze to water. This is especially
appealing to customers, because unlike virgin material, there is
no need to pre-mix the antifreeze with water. Due to the
Page 5 of 13
similarities between the onsite filtered used antifreeze and virgin
antifreeze, the value will be similar. PEA has over 1000
customers and their business has grown in six years. Exhibit 11
contains a list of amounts of antifreeze reclaimed and the sales
figures for the recycled antifreeze sold. Affidavits from
customers stating that they have purchased the onsite-filtered
material and find that it is of exceptional quality are included as
Exhibit 12. In addition, affidavits from customers are also
included indicating that they have and will purchase the filtered
antifreeze from PEA which has been further processed at PEA's
centralized facility.
Currently the market price for the onsite filtered antifreeze in the
Chicago area is $1.65 to $2.00 per gallon, depending on the
amount reclaimed/provided. The current price for the onsite-
filtered antifreeze, which is further processed at PEA's
centralized facility, is the same. The current retail and wholesale
price for new 100% virgin antifreeze in the Chicago area is $4.00
to $6.00 per gallon. The current retail price for 100% virgin
antifreeze premixed with water is approximately $4.00 per
gallon.
3. The degree to which the reclaimed material is like an analogous
raw material.
Virgin antifreeze is made up of ethylene glycol with dye and
inhibitor additives. The filtered used antifreeze, with the
augmentation of the additives is equivalent to virgin antifreeze
from a chemical, physical and economic aspect. The only
distinction between the virgin material and the filtered material is
the color, water content and additive levels. The advantage to
the filtered product is that it does not need to be mixed with
water, as does virgin antifreeze. A copy of the chemical
specifications of 100% virgin antifreeze is included as Exhibit
13. The chemical analytical specification of the onsite-filtered
antifreeze (refer to Exhibit 5) compared to the chemical
specifications of virgin antifreeze, shows that the on-site filtered
used antifreeze is analogous to the chemical specification of new
antifreeze. The onsite filtered used antifreeze was further
compared to the ASTM standard D3306 (Standard Specification
for Ethylene Glycol Base Engine Coolant for Automobile and
Light Duty Service) as well as the GM standard 1825M (refer to
Section 1 above). Both comparisons show that the filtered used
antifreeze is analogous to the chemical specifications of new
antifreeze. This is further proved by the analytical report from
Page 6 of 13
the laboratory indicating that the filtered used antifreeze is
"suitable for continued use" (please refer to Exhibit 5).
4. The extent to which an end market for reclaimed material is
guaranteed.
PEA has been in operation since 1996 and has an established
clientele list of over 1000 companies. Onsite filtered used
antifreeze that is further processed at the central processing
facility is sold back to customers after the used antifreeze is
picked up. General Motors and Ford approve the use of recycled
antifreeze (refer to Exhibit 14). In addition to automobile dealers
and automobile service stations, the state of Illinois requested a
bid from PEA for recycled used antifreeze and providing
recycling antifreeze for the state garages. A copy of this request
has been included as Exhibit 15. This shows that the State of
Illinois does approve the recycling of used antifreeze and the use
of recycled antifreeze. PEA was also requested to bid on the
City of Chicago antifreeze-recycling program. PEA was just
granted a contract with PACE, a large transportation company
with nine locations throughout the Chicago land area.
Because antifreeze is sometimes lost from leaks and spills in the
coolant system and its maintenance, the typical customer
generates enough used antifreeze to replace approximately 50%
of their new antifreeze purchases. In addition to providing
antifreeze back to customers who have their used antifreeze
filtered by PEA, PEA provides to them additional used
antifreeze. PEA also provides filtered used antifreeze to
customers who do not have their used antifreeze recycled.
5. The extent to which the reclaimed material is handled to
minimize loss.
PEA provides each customer with a clean drum to store the used
antifreeze. By providing clean leak-free containers, PEA starts
the spill/leak prevention program. Only PEA handles the filtered
used antifreeze during the onsite filtering process. Before
pumping the used antifreeze into the two-stage filtration system
situated in Pea's van trucks, PEA visually checks the storage
container, associated tubing, as well as the receiving poly tank
located on the PEA truck for structural integrity. The used
antifreeze is then pumped from the generators' container through
the two-stage filtration system and into the polyethylene tank.
Page 7 of 13
The PEA driver/operator is present at all times during the
pumping operation. Affidavits from customers stating that PEA
operates in a safe and professional manner have been included in
Exhibit 12. Each truck has been supplied with spill response
material in the event of a leak. After collection, the truck returns
to PEA's centralized processing facility.
At the central-processing facility, the filtered used antifreeze is
pumped into a polyethylene holding tank located inside the
building. From the holding tank the filtered antifreeze is pumped
into a flocculation tank where additional clarification occurs.
From there, the antifreeze is filtered into a series of carbon
filtration canisters and then into a polyethylene-mixing tank.
The entire floor of the building is concrete. One floor drain leads
to the sanitary sewer. A custom-designed plug is inserted in the
drain upon conducting operations. All the storage tanks are
surrounded concrete containment dikes. All personnel are
trained extensively by the owner, Mr. Don Bloyer on the proper
handling and spill prevention and countermeasure procedures for
both the onsite-filtration process, and the off-site processing
operation. Mr. Bloyer has approximately 10 years of experience
in the antifreeze recycling industry and approximately 35 years
in the automotive industry.
6. Other relevant factors.
In September 1997, Recycle Technologies, Inc., filed a petition
for an Adjusted Standard for 35 Ill. Adm. Code 720.131(c). This
petition, essentially identical to that of PEA's, was granted on
September 3, 1998. In addition, a second Adjusted Standard was
issued to Progressive Environmental Services, Inc., on January
10, 2002. PEA's operations are essentially the same as both
Recycle Technologies, Inc. and Progressive Environmental
Services, Inc.
d) A
description of the nature of the petitioner's activity that is the subject
of the proposed adjusted standard.
PEA travels to customers/generators for the purposes of pumping
uncontaminated used antifreeze generated by its customer into a two-stage
filtration system that is located on PEA's trucks. The two-stage filtration
system consists of a 20-micron filter and a 5-micron filter (this filtration
system has been shown to be equivalent in nature to commercial on-site
antifreeze recycling machines that have been approved by General Motors and
Chrysler Corporation for some of its vehicles. It has also been approved by
Page 8 of 13
ASTM Standards. Once the used antifreeze is put through the filters it is
placed into a polyethylene tank. In the past, PEA initially added dyes and
additives to the onsite filtered antifreeze and then returned the product to the
customer while onsite at the customer's location. However, due to the
growing market and the competition advancing to "further processing" PEA
began transporting the onsite filtered antifreeze to its central processing
facility for "further processing and enhancement. PEA did not increase the
price of used antifreeze that was to be further processed at its centralized
processing facility.
Current operations involve onsite filtering of the used antifreeze, then
transporting the antifreeze to PEA's central processing facility where it is
pumped into a 1500-gallon polyethylene holding tank. The material is then
pumped into a flocculation system, which further removes the impurities.
Following the flocculation system, the antifreeze is routed to a 1-micron filter
cartridge. The antifreeze is then routed through three (3) charcoal filtration
canisters, which further removes dyes, and then through another 1-micron
filter. Following the last stage of filtration, a nearly pure ethylene glycol and
water mixture product is produced. The clear product allows for the addition
of different colors of dyes to be added. The final process of the antifreeze is
the incorporation of the additives and dyes in a second 1500-gallon
polyethylene-holding tank.
All the tanks are stored within a concrete containment system. There is only
one floor drain, which is located in the building. The floor drain is sealed
during any type of operations.
There is no pollution control equipment in place. Nor, is there a need for any
type of control equipment. There are no air emissions, water discharges or
any other type of releases to the environment. Residuals that are generated
from the process include the filters, and the used charcoal.
A hazardous waste analysis (TCLP) was conducted on the filters and the
filtered used antifreeze generated from the initial onsite filtration process. The
analytical results conclude that both the filters and the filtered used antifreeze
are non-hazardous. Therefore, based on generator knowledge, the filters and
charcoal generated at the central processing facility are certified to be non-
hazardous. PEA certifies, in accordance with Section 3.45 of the Illinois
Control Act, 415 ILCS 5/3.45, that the residual solids are not Illinois Special
Wastes, as defined in the Illinois Environmental Protection Act. The residual
solids are disposed of in a solid waste landfill.
Page 9 of 13
The central processing facility is located at 5024 Willow Creek Road,
Machesney Park, Illinois, 61111. The facility has been in operation since
April 1996. There are presently six employees. PEA is planning to move its
operation to 6307 Material Avenue in Loves Park, Illinois within the next few
months. Operations will be identical to the present operations. A letter from
the municipality approving of the operation is included as Exhibit 16.
e)
A
description of the efforts that would be necessary if the petitioner was
to comply with the regulations of general applicability.
If PEA were denied an adjusted standard, the following standards would have
to be complied with:
1. PEA would have to obtain siting approval for a "pollution
control facility" from the municipality. According to the Village
of Machesney Park Planning and Zoning Department, there has
never been a "pollution control facility" operating in Machesney
Park. The Village is unaware of the local siting approval
process. Therefore, the request for siting approval would most
likely be an "education" process for the village. This would in
all probability, increase the process time and prove to be
considerably expensive for PEA. According to the "Pollution
Control Facility "PCF" Siting in Illinois: Sixth Report" Review
and Approval Process flow chart, included as Exhibit 17, a
decision would not be made until 6 months from the date the
municipality receives the request. Preparation and cost is
involved with the request. Because there have been no pollution
control facilities in Machesney Park, there have been no fees
established. According to the Winnebago County Assistant
State's Attorney, the average filing fee for Winnebago County is
$ 10,000. This statement is further documented by Exhibit 18
(appendix A of the "Pollution Control Facility Siting In Illinois:
Sixth Report").
2. Following siting approval, an application for a permit to operate
will need to be completed and submitted to the Illinois
Environmental Protection Agency for review and issuance. Time
and additional costs for completing the application are involved.
PEA would have to manifest all shipments of filtered used
antifreeze from each individual customer. In addition, copious
amounts of record keeping would be required, as would the
development of plans. Special waste transportation permits
would also need to be obtained.
Page 10 of 13
f)
A narrative description of the proposed adjusted standard as well as
proposed language for a Board order that would impose the standard.
The regulation of general applicability 35 IAC 721.131 includes specific
language allowing the Board to render a solid waste determination.
g)
The quantitative and qualitative description of the impact of the
petitioner's activity on the environment if the petitioner were to comply
with the regulation of general applicability as compared to the
quantitative and qualitative impact on the environment of the petitioner
were to comply only with the proposed adjusted standard.
There are no known differences, quantitatively or qualitatively to the impact
on the environment from complying with the regulation of general
applicability as opposed to the proposed adjusted standard. The regulation of
general applicability would require PEA to obtain a permit and • generate
additional paperwork in the form of manifests and reports, which would not
result in any kind of improvement to the environment, since the environment
is not being affected from this operation. There would also not be a negative
impact to the environment if PEA were to comply with the proposed adjusted
standard. Because there are no emissions of any type from the central
processing facility operations (split absorption/filtration process) permitting
the process would not alter the process in any way. And, since PEA is
presently operation in a safe manner, complying with the regulation of general
applicability would not provide any advantages to the environment, in fact it
could prove disadvantageous because of the amount of paperwork (printing
emissions) required for compliance.
The following two types of waste streams are generated from the split
absorption/filtration process: filters and activated charcoal. Based upon
generator knowledge, the waste is non-hazardous (refer to Exhibit 8).
The potential risk of harm to human life or the environment associated with an
accidental release at the central processing facility is minimal for the
following reasons: 1) Ethylene Glycol has limited hazards, 2) the antifreeze
stored is a 50/50 mixture of virgin antifreeze and water and 3) the storage
tanks are contained in a cement containment system. The maximum amount
of storage at any one-time onsite is 3,000 gallons.
h)
A statement that explains how the petioner seeks to justify, pursuant to
the applicable level of justification, the proposed adjusted standard.
Please refer to Section C.
Page 11 of 13
i)
A statement with supporting reasons that the Board may grant the
proposed adjusted standard consistent with federal law.
"The regulation of general applicability [35 IAC 721.131(c)] includes a
provision for the Board to make a ruling in such cases in determining whether
a material is a solid waste. The federal regulations mirror the state regulations
in language and content. There are no further procedural requirements
imposed by federal law that are applicable to the Board's decision on the
petition. The citation for the federal regulation of general applicability is 40
CFR 260.31 (c)".
j)
A statement requesting of waiving a hearing on the petition (pursuant to
Section 104.422(a)(4) of this Part a hearing will be held on all petitions
for adjusted standards filed pursuant to 35 Ill. Adm. Code 212.123
(CAA)).
PEA requests that a hearing on this petition be waived.
k)
The petition must cite to supporting documents or legal authorities
whenever they are used as a basis for the petitioner's proof.
Please refer to list of exhibits.
1) Any
additional information which may be required in the regulation of
general applicability.
PEA uses the same onsite filtration equipment as does Recycle Technologies,
Inc., and Progressive Environmental Services, Inc., both of whom were
granted an adjusted standard from 35 Ill. Adm. Code 720.131, Subparagraph
c. The two stage filtration systems are essentially the same as commercial
onsite recycling machines, which are approved for use by automotive
manufacturers. The used antifreeze, which is processed through these
machines, meets some automotive manufacturer standards as well as the
ASTM standards for new antifreeze and prediluted recycled antifreeze.
Following the onsite-filtration, additives and dyes are added, thereby creating
a more appealing product. In order to create a more appealing product
(cosmetically), PEA is transporting the filtered used antifreeze (prior to the
addition of dyes and inhibitors) to its centralized processing facility where the
split absorption/filter process further enhances the appearance of the product.
While PEA does not use the Reverse Osmosis system as does Recycle
Technologies, Inc., and Progressive Environmental Services, Inc., it has been
shown that the split absorption/filtration process produces the same outcome:
a virtually clear glycol ethylene and water mixture, thereby allowing the
Page 12 of 13
World Recycling, Inc., d/b/a Planet Earth
Antifreeze, Petit' ner
By:
addition of dyes and inhibitors to produce a clear product that is
indistinguishable from 100% virgin antifreeze.
WHEREFORE, World Recycling, Inc., d/b/a Planet Earth Antifreeze requests the
Board grant an adjusted standard from 35 Ill. Adm. Code 720.131(c).
Respectfully Submitted,
Attorney Charle F. Heisten
Attorney Charles F. Helston
Hinshaw & Culbertson
100 Park Avenue
Rockford, Illinois 61101
Phone: (815) 963-8488
This filing is submitted on recycled paper.
HC07_DS1 284469v1
Page 13 of 13
Exhibit 1
PEA Labels Provided to Customers
Ready to Use Recycled Antifreeze
For Sales, Service or Information
1-800-667-5997
Exhibit 2
Customer Certification Statement
CUSTOMER NAME:
CUSTOMER SIGNATURE:
PLANET EARTH ANTIFREEZE
MACHESNEY PARK IL
800-667-5997
CUSTOMER CERTIFICATION STATMENT
THE ABOVE-INDICATED CUSTOMER CERTIFIECS THE FOLLOWING:
1.
TO STORE USED ANTI-FREEZE IN A CLEAN & SAFE MANNER
2.
TO TAKE REASONABLE CARE IN KEEPING THE USED ANTIFREEZE
CONTAINERS FREE FROM CONTAMINATION (I.E. OIL & SOLVENTS).
3.
TO NOTIFY PLANET EARTH ANTIFREEZE WHEN AGREED QUANITY OF
USED ANTIFREEZE HAS BEEN ACCUMULATED AND IS READY FOR
PROCESSING.
DATE /
0 7- -z"--4.
PLANET EARTH ANTIFREEZE
MACHESNEY PARK IL
800-667-5997
CUSTOMER CERI1FICATION STATMENT
COMPANY
n4i 5PTItodGe,
ADDRESS
;
RIJNE
I
N
gt
R
OGKPOf
d?
(0(/086
THE ABOVE-INDICATED CUSTOMER CERTIFIECS THE FOLLOWING:
1.
TO STORE USED ANTI-FREEZE IN A CLEAN & SAFE MANNER.
2.
TO TAKE REASONABLE CARE IN KEEPING THE USED ANTIFREEZE
CONTAINERS FREE FROM CONTAMINATION (I.E. OIL & SOLVENTS).
3.
TO NOTIFY PLANET EARTH ANTIFREEZE WHEN AGREED QUANITY OF
USED ANTIFREEZE HAS BEEN ACCUMULATED AND IS READY FOR
PROCESSING.
CUSTOMER NAME:
1) ;
)1
I tusch
CUSTOMER SIGNATURE:
1119S. A2AitACa
DATE -'ca
5 -0
CUSTOMER NAME:
CUSTOMER SIGNATURE:-
DATE
PLANET EARTH ANTIFREEZE
MACHESNEY PARK IL
800-667-5997
CUSTOMER CERTIFICATION STATMENT
COMPANY ftat1:"
-4n
'-
ADDRESS
n
THE ABOVE-INDICATED CUSTOMER CERTIFIECS THE FOLLOWING:
TO STORE USED ANTI-FREEZE IN A CLEAN & SAFE MANNER
2.
TO TAKE REASONABLE CARE IN KEEPING THE USED ANTIFREEZE
CONTAINERS FREE FROM CONTAMINATION (I.E. OIL & SOLVENTS).
3.
TO NOTIFY PLANET EARTH ANTIFREEZE WHEN AGREED QUANITY OF
USED ANTIFREEZE HAS BEEN ACCUMULATED AND IS READY FOR
PROCESSING.
CUSTOMER NAME: St;
CUSTOMER SIGNATURE:
DA
PLANET EARTH ANTIFREEZE
MACHESNEY PARK IL
800-667-5997
CUSTOMER CERTIFICATION STATMENT
ADDRESS
nay%
A?
v
0
ad-/' /05-
THE ABOVE-INDICATED CUSTOMER CERTIFIECS THE FOLLOWING:
1.
TO STORE USED ANTI-FREEZE IN A CLEAN & SAFE MANNER.
2.
TO TAKE REASONABLE CARE IN KEEPING THE USED ANTIFREEZE
CONTAINERS FREE FROM CONTAMINATION (I.E. OIL & SOLVENTS).
3.
TO NOTIFY PLANET EARTH ANTIFREEZE WHEN AGREED QUANITY OF
USED ANTIFREEZE HAS BEEN ACCUMULATED AND IS READY FOR
PROCESSING.
PLANET EARTH ANTIFREEZE
MACHESNEY PARK IL
800-667-5997
CUSTOMER CERIIIICATION STATMENT
COMPANY saRNTA,
'TRESS
(
L
(E:AFIEITIAL
.
-
H-1
R
v st-,.
?
c ,c)S-
THE ABOVE—INDICATED CUSTOMER CERTIFIECS THE FOLLOWING:
1.
TO STORE USED ANTI—FREEZE IN A CLEAN & SAFE MANNER.
2.
TO TAKE REASONABLE CARE IN KEEPING THE USED ANTIFREEZE
CONTAINERS FREE FROM CONTAMINATION (I.E. OIL & SOLVENTS).
3.
TO NOTIFY PLANET EARTH ANTIFREEZE WHEN AGREED QUANITY OF
USED ANTIFREEZE HAS BEEN ACCUMULATED AND IS READY FOR
PROCESSING.
CUSTOMER
CUSTOMER SIGNATURE:NAME:
chi's
cr
DATE / —
CUSTOMER NAME:
CUSTOMER SIGNATURE:
PLANET EARTH ANTIFREEZE
MACHESNEY PARK IL
800-667-5997
CUSTOMER CERIINCATION STATMENT
THE ABOVE-INDICATED CUSTOMER CERTIFIECS THE FOLLOWING:
TO STORE USED ANTI-FREEZE IN A CLEAN & SAFE MANNER
2.
TO TAKE REASONABLE CARE IN KEEPING THE USED ANTIFREEZE
CONTAINERS FREE FROM CONTAMINATION (I.E. OIL & SOLVENTS).
3.
TO NOTIFY PLANET EARTH ANTIFREEZE WHEN AGREED QUANITY OF
USED ANTIFREEZE HAS BEEN ACCUMULATED AND IS READY FOR
PROCESSING.
DATE
/---757-672.___
CUSTOMER NAME:
CUSTOMER SIGNATURE:
DATE
PLANET EARTH ANTIFREEZE
MACHESNEY PARK IL
800-667-5997
CUSTOMER CERTIFICATION STATMENT
COMPANY
14'4
;
,,Jr-AA,
tiRg4TIRI
ADDRESS
I?
1 i N
(\)
A5f---\-dtN6-? G°
\CR
THE ABOVE-INDICATED CUSTOMER CERTIFIECS THE FOLLOWING:
TO STORE USED ANTI-FREEZE IN A CLEAN & SAFE MANNER
2.
TO TAKE REASONABLE CARE IN KEEPING THE USED ANTIFREEZE
CONTAINERS FREE FROM CONTAMINATION (I.E. OIL & SOLVENTS).
3.
TO NOTIFY PLANET EARTH ANTIFREEZE WHEN AGREED QUANITY OF
USED ANTIFREEZE HAS BEEN ACCUMULATED AND IS READY FOR
PROCESSING.
Exhibit 3
April 1, 1998 Hearing Transcript from
"Petition of Recycle Technologies, Inc."