Pennsylvania Department of Environmental Protection
Rachel Carson State Office Building
P. O. Box 8471
Harrisburg, PA 17105-8471
June 10, 1998
Bureau of Land Recycling 717-783-2388
and Waste Management
RCRA Information Center
(5035-W)
United State Environmental Protection Agency
401 M Street SW
Washington, DC 20460
Re: Commonwealth of Pennsylvania
Comments on 40 CFR (FRL 5969-4)
Dear Sir:
Please find attached a copy of the Commonwealth of
Pennsylvania's comments on Direct final Rule amending 40 CFR (FRL
5969-4). These comments were submitted via electronic mail on
June 5, 1998.
Pennsylvania is currently working on a comprehensive waste
oil regulatory package that incorporates most of 40 CFR 279
regulations. We have concerns on the input these rule changes
would have on this effort.
Thank you for your consideration of our comments.
Sincerely,
James P. Snyder
Director
Bureau of Land Recycling
and Waste Management
Attachment
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6/5/98 - 4:30PM
Referencing Docket Number: F-98-CUOP-FFFFF
Department of Environmental Protection
Bureau of Land Recycling and Waste Management
Comments on Direct Final Rule amending
40 CFR parts 261 and 279
FRL [FRL-5969-4]
Hazardous Waste Management System; Identification and Listing of
Hazardous Waste; Recycled Used Oil Management Standards
The Pennsylvania Department of Environmental Protection objects
to the May 6, 1998, Direct Final Rule's amendment of 40 CFR
261.5(j). This amendment expands 261.5(j) to allow a
conditionally exempt small quantity generator (CESQG) generated
mixtures of used oil and hazardous waste to be recycled by any
means, not just burning for energy recovery, under the used oil
regulations. For the reasons stated below, the Department
believes that allowing CESQG generated mixtures of used oil and
any type of hazardous waste to be recycled by means other than
burning is not protective of the public's health, safety or
welfare.
1. Allowing mixtures of waste oil and hazardous waste to
be managed as used oil runs counter to the pollution
prevention efforts being under taken by EPA, as well as
this Department. This amendment 261.5(j) allows CESQGs
to get rid of their hazardous waste by mixing it with
used oil which significantly reduces their cost of
disposing of the hazardous waste and their incentive to
minimize the amount of hazardous waste being generated.
2. Allowing indiscriminate mixing of hazardous waste from
CESQGs with used oil poses a threat to the health and
safety of workers who handle used oil. This is because
there is nothing to identify the hazardous constituents
that have been added to the used oil. As a result, the
workers managing these mixtures will not know the
dangers due to the additional hazardous constituents in
the used oil.
3. Allowing CESQG generated mixtures of any type of
hazardous waste and used oil to be recycled as used oil
does not ensure that the hazardous constituents will be
neutralized. Most, if not all, of the used oil
reprocessing or re-refining processes do not neutralize
hazardous constituents.
4. Allowing CESQG generated mixtures of used oil and any
type of hazardous waste to be managed as used oil makes
compliance assurance difficult. In the Department's
experience, used oil transporters and
processors/re-refiners accept used oil CESQGs along
with used oil from all other generators. As a result,
when the used oil is mixed with a hazardous waste, it
is very difficult to determine whether the mixing was
improper or due to a CESQG mixing hazardous waste with
its used oil.