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.