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 ---------------------------------------------------------------- 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.