ILLINOIS ENVIRONMENTAL PROTECTION AGENCY 1021 North Grand Avenue East, P.O. Box 19276, Springfield, Illinois 62794-9276 Mary A. Gade, Director 217/524-3300 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 Re: F-98-COUP-FFFFF 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 761.20(e)(1). 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 217/524-3307. Sincerely, Edwin C. Bakowski, P.E. Manager, Permit Section Bureau of Land