r'
,.
,
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
PROPOSED AMENDMENTS TO THE
BOARD'S SPECIAL WASTE
REGULATIONS CONCERNING
USED OIL,
35 ILL. ADM. CODE 808, 809
)
)
)
)
)
)
R06-20
(Rulemaking -Land)
NOTICE OF FILING
Dorothy Gunn, Clerk,
1l1inois Pollution Control Board
James
R.
Thompson Center.
100
W. Randolph, Suite 11-500
Chicago, lIlinois 60601
(ELECTRONIC FILING)
Matthew
J. Dunn
Environmental Bureau Chief
Office of the Attorney General
Environmental Bureau North
69 West Washington Street, Suite1800
Chicago, Illinois 60602
Claire
A. MannIng
Brown, Hay
&
Stephens, LLP
700 First Mercantile Bank Building
205 South Fifth St., P.O.
BOJ( 2459
Springfield, Illinois 62705-2459
Willianl Richardson, Chief Legal Counsel
Office
of Legal Counsel
Illinois Dept. of Natural Resources
One Natural Resources Way
Springfield,
11linois 62702-1271
Tim Fox, Hearing Officer
Illinois Pollution Control Board
James
R.
Thompson Center
• 100 W. Randolph St.
Suite 11-500
Chicago, Illinois 60601
Deirdre
K.
Himer, Executive Director
lIlinois Environmental Regulatory Group
3150 Roland Avenue
Springfield,
1l1inois 62703
.....
,...
,,..
..
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of the
lIlinois Pollution Control Board the COMMENTS OF THE ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY, a copy
of which is herewith served upon you.
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
By:.4j~f~
C"'",., .
Assistant Counsel
DATE:
OI.AA-A-
l
S,
2.Do
g'
Division of Legal Counsel
1021 North Grand Avenue East
P.O. Box 19276
Springfield, 1l1inois 62794-9276
(217) 782-5544
Electronic Filing - Received, Clerk's Office, June 13, 2008
* * * * * PC # 44 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
PROPOSED AMENDMENTS TO THE
BOARD'S SPECIAL WASTE
REGULATIONS CONCERNING
USED OIL,
35
ILL.
ADM. CODE 808, 809
)
)
)
)
)
)
R06-20
(Rulemaking
-Land)
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 respectfully submits the
following Comments in response
to the request for public comment by the Illinois
Pollution Control Board ("Board") in its order dated
May 1,2008 and in response to the
Board'sFirst Notice Proposal dated May
1,2008.,
In response to the Board'srequest for comments on amending the tracking
requirements
of 35
Ill.
Adm. Code 739 ("Part 739") the Illinois EPA states the following:
I.
The Illinois EPA objects
to any change in the language ofPart 739 that would
make Part 739 less stringent than the federal regulations.
2.
The Illinois EPA objects to any change in the manifesting procedures that would
allow other non-hazardous special wastes
to be added to used oil with the
resulting mixture labeled and tracked as only used oil.
Electronic Filing - Received, Clerk's Office, June 13, 2008
* * * * * PC # 44 * * * * *
3.
The current regulations require special wastes other than used oil to be managed
at a permitted facility pursuant
to 35
Ill.
Admin. Code 807 ("Part
801"),
whereas
used oil may
be managed at a registered non-permitted used oil facility in
accordance with Part 739. Therefore, the Illinois EPA objects
to any change in
the language
of Part 739 that would allow special waste other than used oil,
including a mixture
of used oil and other special waste, the receipt of which is
, subject to permitting under Part 807 to be managed at an un-permitted facility
operating solely under the used oil regulations at Part 739.
4. Finally, the Illinois EPA questions the benefit of modifying the tracking
requirements
of Part 739. Because the tracking of special wastes other than used
oil, including mixtures
of used oil and other special waste, are subject to
I
regulations other than Part 739 setting forth tracking requirements for these
wastes in Part 739 is irrelevant.
Ifthe intent is to exempt any other special waste
that is mixed with used oil from manifests
then that issue must be addressed not
only in Part 739 but in 35
Ill.
Adm. Code 808, 809 ("Parts 808 and 809) which
leads back to the argument already presented by the Illinois EPA that other
special waste mixed with used oil should not be exempt froin manifesting because
such exemption will encourage mixtures. If the intent is to exempt all special
waste from manifests then that issue must be addressed in Parts '808 and 809 and
not
in Part 739.
For the reasons stated above, and those presented throughout the course
of this
rulemaking, the Illinois EPA requests that the Board find that no amendments are needed
Electronic Filing - Received, Clerk's Office, June 13, 2008
* * * * * PC # 44 * * * * *
,
to Part 739 and no additional amendments are needed to Parts 808 and 809. Furthermore,
the Illinois EPA supports the rules
(
proposed
by the Board
.
in its First Notice Proposal
dated May 1st, 2008 and requests that the Board proceed with adopting the rules.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
B y:+---f/--'----=-'----'-------=--
Ste anie Flowers
Assistant Counsel
Division
of Legal Counsel
DATED:
G,,-ls- 02-
102 J North Grand Avenue East
P.O. Box 19276
Springfield, llIinois 62794-9276
(217) 782-5544'
Electronic Filing - Received, Clerk's Office, June 13, 2008
* * * * * PC # 44 * * * * *
STATE OF ILLINOIS
)
)
COUNTY OF SANGAMON
)
PROOF OF SERVICE
I, the undersigned, on oath state that I have served the attached 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
(ELECTRONIC FILING)
Matthew J.
DUlm
Environmental Bureau Chief.
Office of the Attorney General
Environmental Bureau North
69 West Washington Street, Suite 1800
Chicago, Illinois
60602
Claire
A.
Manning
Brown, Hay
&
Stephens, LLP
700 First Mercantile Bank Building
205 South Fifth Sf., P.O. Box 2459
Springfield, Illinois 62705-2459
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
Deirdre
K.
Hirner, Executive Director
Illinois Envirorunenta1 Regulatory Group
3150 Roland Avenue
Springfield, Illinois 62703
and mailing it by First Class Mail from Springfield, Illinois on June 13, 2008, with sufficient
postage affixed.
SUBSqJ.;IWD AND SWORN TO BEFORE ME
This
_IS_>T'_c},
ay of
.::ft.t.n.e...
. ,2008.
,
Notary
~lli~
Public
]~
Electronic Filing - Received, Clerk's Office, June 13, 2008
* * * * * PC # 44 * * * * *