Comments Of
           The Utility Solid Waste Activities Group,
                 The Edison Electric Institute,
             The American Public Power Association
          and The National Rural Electric Cooperative
                          Association
                             On The
               Hazardous Waste Management System;
         Identification and Listing of Hazardous Waste;
             Recycled Used Oil Management Standards
                63 Fed. Reg. 25006 (May 6, 1998)
                                
                          submitted to
                       The United States
                Environmental Protection Agency
                   Docket No. F-98-CUOP-FFFFF
                          June 5, 1998

Of Counsel:
Piper & Marbury L.L.P.
1200 Nineteenth Street, N.W.
Washington, D.C. 20036


MEMBERS OF THE UTILITY SOLID WASTE ACTIVITIES GROUP

ALLIANT
     Wisconsin Power & Light Company
     Interstate Energy Corporation
     IES Industries
Ameren Corporation
     AmerenUE
     AmerenCI PS
American Electric Power Company
     Appalachian Power Company
     Columbus Southern Power Company
     Indiana Michigan Power Company
     Kentucky Power Company
     Ohio Power Company
American Public Power Association
Arizona Public Service Company
Baltimore Gas & Electric Company
Boston Edison Company
Carolina Power & Light Company
Central Hudson Gas & Electric Corporation
Central Illinois Light Company
Central & South West Services, Inc.
     Central Power & Light Company
     Public Service Company of Oklahoma
     Southwestern Electric Power Company
     West Texas Utilities Company
Cinergy Corporation
Commonwealth Edison Company
Conectiv
     Atlantic Energy
     Delmarva Power & Light Company
Consolidated Edison Company of New York, Inc.
Consumers Energy
Dayton Power & Light Company
The Detroit Edison Company
Duke Energy Corporation
Duquesne Light Company
Eastern Utilities
     Blackstone Valley Electric Company
     Eastern Edison Company
     Montaup Electric Company
     Newport Electric Corporation
Edison Electric Institute
Entergy Services, Incorporated
FirstEnergy Corporation
     The Cleveland Electric Illuminating Company
     Ohio Edison Company
     Pennsylvania Power Company
     The Toledo Edison Company
Florida Power & Light Company
Florida Power Corporation

GPU, Incorporated
     GPU Nuclear
     GPU Energy
     GPU Genco
Houston Industries, Incorporated
Illinois Power Company
Indianapoiis Power & Light Company
Kansas City Power & Light Company
Los Angeles Department of Water & Power
Madison Gas & Electric Power Company
Minnesota Power & Light Company
National Rural Electric Cooperative Association
New England Power System Companies
New York State Electric & Gas Corporation
Niagara Mohawk Power Corporation
Northeast Utilities Service Company
     The Connecticut Light and Power Company
     Holyoke Power and Electric Company
     Public Service Company of New Hampshire
     Western Massachusetts Electric Company
Northern Indiana Public Service Company
Northern States Power Company
Ohio Valley Electric Corporation
OG&E Electric Services
Pacific Gas & Electric Company
PacifiCorp
PECO Energy Company
P P & L, Inc.
Potomac Electric Power Company
Public Service Electric & Gas Company
Salt River Project Agricultural Improvement and
Power District
San Diego Gas & Electric Company
Southern California Edison Company
Southern Company Services, Inc.
     Alabama Power Company
     Georgia Power Company
     Gulf Power Company
     Mississippi Power Company
     Savannah Electric and Power Company
Tampa Electric Company
Texas Utilities Services
Virginia Power
Wisconsin Electric Power Company

 5/12/98
                          COMMENTS OF
           THE UTILITY SOLID WASTE ACTIVITIES GROUP,
                 THE EDISON ELECTRIC INSTITUTE,
             THE AMERICAN PUBLIC POWER ASSOCIATION
    AND THE NATIONAL RURAL ELECTRIC COOPERATIVE ASSOCIATION
                             ON THE
               HAZARDOUS WASTE MANAGEMENT SYSTEM;
         IDENTIFICATION AND LISTING OF HAZARDOUS WASTE;
             RECYCLED USED OIL MANAGEMENT STANDARDS
                63 FED. REG. 25006 (MAY 6, 1998)

     The following comments in response to EPA's Hazardous Waste
Management System; Identification and Listing of Hazardous Waste;
Recycled Used Oil Management Standards, 63 Fed. Reg. 25006 (May
6, 1998), Docket No. F-98-CUOP-FFFFF, are submitted on behalf of
the Utility Solid Waste Activities Group ("USWAG"), the Edison
Electric Institute ("EEI"), the American Public Power Association
("APPA") and the National Rural Electric Cooperative Association
("NRECA") (collectively referred to as "USWAG").1

     USWAG strongly supports EPA's proposed technical corrections to
the RCRA used oil program and urges the Agency to implement the
corrections by July 6, 1998 as contemplated in the accompanying
direct final rule.  See 63 Fed. Reg. 24963 (May 6, 1998). 
Indeed, because the corrections simply clarify the scope of
pre-existing rules, there is no reason to delay immediate
implementation of the corrections.

     I.   Applicability of the Used Oil Management Standards to
          PCB Contaminated Used Oil

     USWAG strongly supports EPA's clarification that used oil
containing 50 ppm PCBs or greater is not subject to RCRA's used
oil management standards (under 40 C.F.R. Part 279) because such
used oil is comprehensively regulated under TSCA's PCB
regulations.  See 63 Fed. Reg. at 24965, 24969 (amending 40
C.F.R.  279.10(i)).  In particular, EPA made clear in the
proposed technical correction that

         used oil containing PCBs at concentrations of 50 ppm or
          greater is not subject to RCRA's used oil management
          standards;

         used oil containing PCBs at any concentration less than
          50 ppm is subject to RCRA's used oil management
          standards; and

         used oil containing PCBs at concentrations of between 2
          and 49 ppm PCBs that is burned for energy recovery may
          be subject to TSCA's administrative standards for
          burning used oil (in addition to RCRA's used oil
          management standards).

Id. at 24965
     This clarification was necessary because EPA inadvertently
altered the scope of the pre-existing regulatory language at 40
C.F.R.  279.10(i) when it issued its first series of used oil
technical amendments in 1993 (see 58 Fed. Reg. 26420).  The
earlier regulatory language in  279.10(i) unambiguously excluded
used oil containing PCBs at 50 ppm or greater from RCRA's used
oil program.  USWAG brought suit challenging the 1993 technical
amendments on grounds that EPA had inappropriately altered the
scope of this pre-existing regulation.  See EEI, et al. v. EPA,
No. 93-1474.  The parties ultimately entered into a Settlement
Agreement under which EPA agreed to amend the rules re-affirming
the full scope of the exclusion.  See Settlement Agreement in EEI
v. EPA, filed on August 6, 1996

     Therefore, EPA's May 6, 1998 proposed technical correction
reaffrming the scope of the pre-existing exclusion from the RCRA
used oil program for used oil containing greater than 50 ppm PCBs
was required pursuant to the Settlement Agreement in the
above-referenced case. The technical correction appropriately
clarifies the applicability of TSCA's PCB rules and RCRA's used
oils, respectively, to used oil. This clarification should become
effective on July 6, 1998 as contemplated by EPA in the
accompanying direct final rule (63 Fed. Reg. 24963) because it
simply reafffirms the intent and scope of pre-existing
regulations.

     II.  Recordkeeping Requirements for Marketers of Used Oil

     USWAG also strongly supports the proposed clarification (and
accompanying clarification in the direct final rule) that persons
who first claim that used oil fuel meets the used oil fuel
specification limits at 40 C.F.R.  279.11 (such persons are
defined as "marketers" of used oil fuel) must only keep a record
of the shipment of used oil to the first facility to which the
marketer delivers the used oil. 63 Fed. Reg. at 24967. We
understand that EPA issued this clarification because a certain
State(s) had erroneously taken the position that such marketers
must keep records of the facility that ultimately burns the used
oil for energy recovery. Such an interpretation would create
significant compliance problems because in many cases marketers
send onspecification used oil to a fuel oil distributor for
subsequent distribution to downstream burners. In these
circumstances, it would be virtually impossible for the initial
marketer of the on-specification used oil to maintain records of
the facility that ultimately burns the oil.

     In proposing the above clarification, the Agency correctly
acknowledged that "[t]he preamble to the November 29, 1985 [used
oil] rule . . . clearly describes the agency's intent to only
track on-specification used oil that is to be burned for energy
recovery one step beyond the initial marketer." 63 Fed. Reg. at
24967, citing 50 Fed. Reg. 49164, 49189.  Thus, here too, EPA's
May 6,1998 proposed clarification is designed simply to clarify
the Agency's pre-existing intent that the person who first claims
that used oil meets the specification limits must keep a record
of "each shipment of used oil to the facility to which it
delivers the used oil." 63 Fed. Reg. at 24969 (emphasis added).
Because this clarification reafffirms the Agency's pre-existing
intent, USWAG believes that this clarification also should become
effective on July 6,1998 as contemplated in the accompanying
direct final rule.

     III. Mixtures of CESQG Waste and Used Oil

     Finally, USWAG supports the proposed correction (and
accompa'nying correction in the direct final rule) that mixtures
of conditionally exempt small quantity generator ("CESQG") wastes
and used oil are regulated as used oil under RCRA's used oil
management standards. 63 Fed. Reg. at 25008. While the used oil
regulations already set forth this principle at 40 C.F.R. 
279.10(b)(3), there exists some potentially contradictory
language within the CESQG rule under 40 C.F.R.  261.5. See 63
Fed. Reg. at 24967.  Therefore, EPA has appropriately proposed to
amend the CESQG rule to conform to the CESQG/used oil rule set
forth in the used oil management standards (i.e., that mixtures
of CESQG hazardous waste and used oil are regulated as used oil
under RCRA's used oil management standards). Like the corrections
discussed above, this correction simply reafffirms EPA's intent
with regard to how the used oil rules should be implemented and
thus should become effective on July 6,1998 as contemplated in
the direct final rule.

                          * * * * * *

     USWAG appreciates the Agency's issuance of the above-referenced
proposed technical corrections to the RCRA used oil program. The
corrections eliminate unnecessary ambiguities in the rules and
reaffrm the scope of pre-existing rules.  Therefore, the
corrections should become effective on July 6,1998 as
contemplated in the direct final rule.


________________________

1 USWAG is an informal consortium of EEI, APPA, NRECA and
approximately 80 electric utility operating companies.  EEI is
the principal national association of investor-owned electric
power and light companies.  APPA is the national association of
publicly owned electric utilities. NRECA is the national
association of rural electric cooperatives.  Together, USWAG
members represent more than 85 percent of the total electric
generating capacity of the United States, and service more than
95 percent of the nation's consumers of electricity.