1021 North Grand Avenue East, P.O. Box 19276, Springfield,
Illinois 62794-9276   Mary A. Gade, Director

June 4, 1998

RCRA Docket Information Center
Office of Solid Waste (name changed to Office of Resource Conservation and Recovery on January 18, 2009) (5305G)
Attn: Alex Schmandt
U.S. Environmental Protection Agency
401 M Street, SW
Washington, DC 20460


Dear Mr. Schmandt:

The Illinois Environmental Protection Agency has reviewed the
above-referenced document regarding "Recycled Used Oil Management
Standards" and wishes to offer the following comments on the
proposed changes:

     Please refer to FR vol. 63, No. 87, pages 25006-25010 and
     pages 24963-24969 regarding the "Applicability of the Used
     Oil Management Standards to PCB Contaminated Used Oil".  The
     discussion or regulations are unclear regarding the
     relationship between TSCA and RCRA.  As a result, we have
     the following comments regarding these regulations:

     a.   A facility manages on-spec used oil, but the facility
          or generator does not conduct a PCB analysis to
          determine the levels of PCB contained within the used
          oil.  It is not clear if the used oil is presumed to
          contain quantifiable levels of PCB's (in the range of 2
          ppm to 49 ppm, see 40 CFR 761.20(e)(2)), thereby
          requiring the marketer to comply with 40 CFR

     b.   It is not clear if the marketer must test the blended
          fuel or the shipments of used oil from each generator
          which were used to make the blended fuel to comply with
          the TSCA regulations and to determine the levels of
          quantifiable PCB.

     c.   If a facility manages on-spec used oil and does not
          conduct a PCB analysis prior to fuel blending, it is
          not clear if the used oil prior to blending is presumed
          to contain quantifiable levels of PCB's the range of 2
          ppm to 49 ppm thus requiring the blended fuel to be
          managed in accordance with 40 CFR 761.20(e)(1).

     d.   We do not believe a facility that manages on-spec used
          oil and has knowledge beforehand that the oil contains
          quantifiable levels of PCB's should be allowed to blend
          that used oil with other on-spec used oil not
          containing quantifiable levels of PCB's to a level
          below quantifiable and thus be allowed to manage it as
          used oil containing non-quantifiable levels of PCB's.

     e.   A marketer discovers after blending that some of the
          used oil included in the fuel contains quantifiable
          levels of PCB's, it is not clear how the resulting
          blended fuel must be handled if the analysis of the
          blended fuel for PCB's is below quantifiable levels.

From our discussions with the regional headquarters and the RCRA
and TSCA Hotlines, it is apparent that the question "How to
manage used oil containing quantifiable levels or presumed to
contain quantifiable levels of PCB's?" has not been fully thought
out.  From 40 CFR 761.1 applicability Section b, the regulations
state that you cannot dilute to exempt the waste from regulation. 
Ultimately, the questions, "When has dilution occurred, at the
generating site, at the transporter's facility when a transporter
bulks his load or when the marketer blends the used oil into a
fuel?" and "How does one determine that dilution has occurred?"
must be answered.

Thank you for the opportunity to comment on the proposed changes
to the above rules and look forward to any discussions or
clarifications that you may incorporate into these rules which
will shed light upon the issues discussed above.

Should you have any questions or comments concerning the above,
please contact Mark A. Schollenberger, P.E. of my staff at


Edwin C. Bakowski, P.E.
Manager, Permit Section
Bureau of Land