04/11/2014
Mark Denzler
One-size-fits-all regulations seldom accomplish exactly what’s intended and often result in unintended harm. That is exactly the case with Springfield’s consideration of new standards for the handling and storage of petroleum coke, coal and related products. It’s time for lawmakers to carefully consider the facts and dismiss the distractions being created by hyperbole and innuendo.
Industry leaders from across Illinois—with ardent support from legislators—stand coalesced in opposition to House Bill 5939 drafted by Attorney General Lisa Madigan and Rep. Barbara Flynn Currie. The bill would place onerous new regulations on the way various industries handle bulk materials associated with the oil refining process, namely petroleum coke, often referred to as “petcoke.” Even the age-old commodity of coal has been lumped into the proposed legislation despite being a completely unrelated natural resource which happens to have similar usages and a somewhat comparable appearance.
At the center of the proposed regulations are the stipulations that these inert materials would need to be stored indoors and transported by trucks, railcars and barges under protective coverings. Why? Because opponents point to one isolated incident of petcoke dust in Cook County from last year, but neither the Illinois EPA nor the Illinois Attorney General’s Office have identified any evidence of another incident in Illinois directly related to fugitive petcoke or coal dust. This singular incident in Chicago was duly reported and state agencies are acting to appropriately enforce the alleged violation using existing laws.
Targeting a non-toxic substance like petroleum coke in Illinois will unnecessarily affect manufacturing jobs across the state. Petcoke is not a waste material, it’s a valued commodity that is intentionally produced for use in the manufacturing of cement, steel, paper, brick, glass, paint and other products. 2013 produced the first increase of manufacturing jobs in Illinois in more than a decade; creating needless barriers to access of petroleum coke could reverse that trend.
Mandating the construction of enclosures for coal transfer facilities would create an oppressive financial burden in Southern Illinois where the majority of the state’s coal is mined and transferred. In 2013, Illinois coal totaled over 50 million tons, contributing over $2 billion to the state’s economy, employing over 4,000 workers and responsible for 28,000 indirect jobs. In many cases, bulk terminals are used to facilitate the transport of Illinois coal as 85% of its production is used out of state. Accordingly, the nature and scope of the proposed legislation will have a significant, wholly unwarranted negative impact on the Illinois coal industry by imposing substantial costs in getting the product to market. Coal bulk terminals in Illinois are already subject to comprehensive state and federal laws—new regulations as proposed are completely meritless.
Bulk materials that can produce dust, such as petcoke and coal, certainly need to be handled responsibly—as such, we have more than 70 laws on the books to ensure this. If there are bad actors, by all means take action. Enforce the laws we have. However, it is important to note that the federal Environmental Protection Agency does not classify either substance as a hazardous material. The dust from petcoke and coal present no more or less of a health risk than dust from piles of salt, stone, grain or dirt.
The legislation as drafted would result in a significant economic burden on many employers across the state who have not created nor contributed to any public health or disaster-related incidents. The proposal impacts hundreds of companies engaged in the manufacturing, mining, refining, electric generation and transportation sectors who will be adversely affected by laying out significant financial resources after being forced to build facility enclosures, pave surrounding roads and take other unnecessary steps.
Petcoke storage and handling facilities have operated without harm in the United States for more than seventy years; coal has been handled safely for centuries. The state’s proposed legislation is far stricter and costlier than any law, rule, or regulation in any other state in the nation.
We respectfully ask the General Assembly to reconsider the need for such incongruous legislation. Dozens of environmental laws are already codified that govern fugitive dust; let’s not blindly aim a harmful one-size-fits-all solution squarely at a problem that doesn’t even exist.
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Matthew Dietrich is Reboot’s executive editor. An award-winning journalist, Dietrich is the former editorial page editor of the State Journal Register in Springfield. He believes in holding our politicians accountable. Read Dietrich’s take on the leadership vacuum that sent Illinois sinking. You can find Reboot on Facebook at and on Twitter @rebootillinois.