afah’HIg8IL

z

CE

SEP30

2008

STATE

OF

ILLINOIS

Sept 24

2008

Olluttnn

Control

Board

?

Mr.

Timothy

J Fox

Hearing Officer

— IPCB

100

W.

Randolph

St.

Suite

11-500

1)

Chicago, IL

60601

Mr.

Fox:

Safety-Kleen is

North America’s

leading provider of

responsible used oil collection,

re-refining and

recycling.

In

addition,

SK along

with

other collectors, transporters

and

recyclers

manage other

oily wastes

and waste-waters

as used oil under

40

CFR 279.

As such we are in firm

support of

NORA’s position

to eliminate the

manifest requwements

In

Illinois

for any

material managed

as

used

oil.

While

the IPCB has

agreed to some extent

with NORA’s

position, IEPA still wants

to

require a

manifest for

Oily

Wastewaters

even

though

they are managed as

used oil

and the

valuable oil

portion Is

recovered

Under NORA’s

proposal all relevant

information and

more than that

required

by

a

manifest

would be

set

forth in a tracking document

such as a bill

of lading or other

Waste

Tracking

Document.

The

basics

of SK’s and NORA’s

position

are:

•

The trackIng documents

currently

used by

collectorsltransporters

in

Illinois

contain

all

the

information

required

by the

manifest.

•

There is

no logical or process related

reason why

materials otherwise

regulated as used

oil

(e.g.

oily

wastewater

should not

be

handled as used oil.

No other

states havesuch

an odd and confusing

system (i.e.

used oil would not need

a

manlfestbut

other materials

regulated

and

managed as used oil

would

require

a

manifest).

•

There Is no

evidence of any

environmental problems

or

concerns

in

the states

bordering

Illinois

that

do

not

require manifest

for

materials managed

as used oils.

•

IEPA

has

regulations

to

cover

well defined

special wastes that require

a manifest. The

Used Oil

and

Oily Water

management

program

already has explicit boundaries

that

preclude

unauthorized

waste

•

LEPA does

not even

want

copies

of the manifests for purposes

of monitoring

the

generators,

collectorsltransporters

or processors

yet it

creates

a cumbersome, un

necessary

and economically burdensome

paper-trail.

Representatives

of Safety

Kleen will

attend the hearing

on

this

matter that is scheduled

before the

IPCB

for

October

1 in

Chicago. My notes indicate

that

the Docket reference

is:

Proposed

Amendments to

the Board’s Special

Waste RegulatIons

Concerning Used

OIl, 35

III.

ADM. Code

808,

809.

R06-20

(Rulemaking

— Land).

If I am In error or there has

been

changes

please let me

know

via phone call or

e-mail

as soon

as

possible

Director

Oil OperatI—

West

Group

219-712-5829

Tom

Rubaskvsafetv-kleen

corn

Safety Kleen

Systems

inc

601 Riley Road

East Chicago,

IN

46312-1698

Phone

219.397.1131

Fax

219.391.6180

---

BEFORE

THE

ILLINOIS

POLLUTION

CONTROL

BOARD

IN THE MATER OF:

PROPOSED AMENDMENTS

TO THE

BOARD’S

SPECIAL WASTE REGULATIONS

CONCERNING

USED OIL

35 ILL. ADM. CODE 808, 809

COMMENTS

OF

VARIOUS ENTITIES

)

PRE-FILED TESTIMONY

)

NOTICE OF FILING

Office of the

Attorney General

69

West Washington Street, Suite 1800

Chicago,

Illinois 60602

Mr. Matthew J. Dunn

Illinois Environmental Protection Agency

1021 North Grand

Avenue

East

P. 0. Box

19276

Springfield, Illinois 62794

Stephanie Flowers, Esquire

Brown,

Hay and Stephens, L.L.P.

700 First

Mercantile Bank Building

205 South Fifth

Street

P.O.Box2459

Springfield, Illinois 62705

Claire

A. Manning, Esquire

Illinois

Environmental Regulatory Group

215 East

Adams Street

Springfield, Illinois 62701

Ms.Deirdre

K. Himer

Executive

Director

Illinois Pollution

Control Board

100

Randolph Street

Suite

11-500

Chicago, Illinois

60601

Ms. Dorothy Gunn

Clerk of Illinois Pollution

Control

Board

100 Randolph

Street Suite 11-500

Chicago, Illinois 60601

Tim Fox, Esquire

Hearing Officer

Illinois Pollution Control Board

100 Randolph Street

Suite

11-500

Chicago, Illinois 60601

PLEASE

TAKE NOTICE that I have today filed with the Office

of

the Clerk

of the Pollution

Co

)3o d,

comments of Safety Kleen,

a copy of

which

is

herewith

served upon you.

istopher Hams

September 25, 2008

2001

South Tracy

Bozeman,

Montana 59715

Telephone: (406)

586-9902

)

)

)

)

)

)

R06-20

(Rulemaking

— Land)

---

CERTIFICATE

OF

SERVICE

I, the

undersigned,

certif’ that

I have served

the

attached

mail, upon

the

following

persons:

Office of the

Attorney

General

69

West Washington

Street,

Suite 1800

Chicago,

Illinois

60602

Mr.

Matthew J.

Dunn

Illinois

Environmental

Protection

Agency

1021

North Grand

Avenue

East

P.

0. Box 19276

Springfield,

Illinois

62794

Stephanie

Flowers,

Esquire

Brown,

Hay and

Stephens,

L.L.P.

700

First

Mercantile

Bank

Building

205

South Fifth

Street

P.

0.

Box 2459

Springfield,

Illinois

62705

Claire A.

Manning,

Esquire

Illinois

Environmental

Regulatory

Group

215 East

Adams

Street

Springfield,

Illinois

62701

hristopher

Harri

September

25, 2008

comments

of

Safety Kleen,

by

U.

S.

Ms.Deirdre

K.

Hirner

Executive

Director

Illinois

Pollution

Control

Board

100

Randolph

Street

Suite

11-500

Chicago,

Illinois

60601

Ms.

Dorothy

Gunn

Clerk

of

Illinois

Pollution

Control

Board

100

Randolph

Street Suite

11-500

Chicago,

Illinois

60601

Tim

Fox, Esquire

Hearing

Officer

Illinois

Pollution

Control

Board

100

Randolph

Street

Suite

11-500

Chicago,

Illinois

60601