DEC—15—2008

14:57

DLC

LEGflL

P.02

IN

THE

MATTER

OF:

PROPOSED

AMENDMENTS

TO

THE

BOARD’S

SPECIAL

WASTE

REGULATIONS

CONCERNING

USED

OIL,

35

ILL.

ADM.

CODE

808,

809

NOTICE

OF

FILING

Dorothy

Gunn,

Clerk,

Illinois

Pollution

Control

Board

James

R.

ThompsonCenter

100

W.

Randolph,

Suite

11-500

Chicago,

Illinois

60601

(ELECTRONIC

FILING)

Matthew

3.

Dunn

Environmental

Bureau

Chief

Office

of

the

Attorney

General

Environmental

Bureau

North

69

West

Washington

Street,

Suitel800

Chicago,

Illinois

60602

Claire

A.

Manning

Brown,

Hay

&

Stephens,

LLP

700

First

Mercantile

Bank

Building

205

South

Fifth

St.,

P.O.

Box

2459

Springfield,

Illinois

62705-2459

William

Richardson,

Chief

Legal

Counsel

Office

of

Legal

Counsel

Illinois

Dept.

of

Natural

Resources

One

Natural

Resources

Way

Springfield,

Illinois

62702-1271

Tim

Fox,

Hearing

Officer

Illinois

Pollution

Control

Board

James

R.

Thompson

Center

100

W.

Randolph

St.

Suite

11-500

Chicago,

Illinois

60601

Deirdre

K.

Hirner,

Executive

Director

Illinois

Environmental

Regulatory

Group

3150

Roland

Avenue

Springfield,

Illinois

62703

PLEASE

TAKE

NOTICE

that

I

have

today

filed

with

the

Office

of

the

Clerk

of

the

illinois

Pollution

Control

Board

the

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY’S

POST

HEARING

COMMENTS,

a

copy

of

which

is

herewith

served

upon

you.

DATE:

I

-

1021

North

Grand

Avenue

East

P.O.

Box

19276

Springfield,

Illinois

62794-9276

(217)

782-5544

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

By:t.L4

StepiMnie

Flowers

Assistant

Counsel

Division

of

Legal

Counsel

RE

TUE

ILLINOIS

POLLUTION

CONTROL

BOARD

BE

CLEflK’

OFFIcE

)

)

DEC\

5

2U8

)

R06-20

STTE

OF

‘WNols

)

(Rulemaking

—Land)

u

IOfl

Control

Board

)

---

P

03

DEC—15—20

08

14:57

DLC

LEI3PL

BEFORE

THE

ILLINOiS

POLLUTION

CONTROL

BOARD

iN

THE

MATTER

OF:

)

)

PROPOSED

AMENDMENTS

TO

THE

)

R06-20

BOARD’S

SPECIAL

WASTE

)

(Rulemaking

—Land)

REGULATIONS

CONCERNiNG

)

USED

OIL,

35

ILL.

ADM.

CODE

808,

809

)

THE

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY’S

POST-HEARING

COMMENTS

NOW

COMES

the

Illinois

Environmental

Protection

Agency

(“illinois

EPA”),

by

and

through

one

of

its

attorneys,

Stephanie

Flowers,

and

respectfully

submits

the

following

post-

hearing

comments

in

the

above-entitled

matter

to

the

Illinois

Pollution

Control

Board

(“Board”).

The

Illinois

EPA

appreciates

this

opportunity

to

supplement

its

comments

and

testimony

already

flied

in

this

matter

and

presented

during

the

public

hearings

held.

I.

INTRODUCTION

The

Board’s

first

notice

proposal

allows

used

oil

as

defined

by

35

111.

Adm.

Code

739

(“Part

739”)

to

be

exempt

from

the

manifest

and

hauling

permit

requirements

of

35

Ui.

Adm.

Code

808

and

809

(“Parts

808

and

809”).

As

defined

in

Part

739,

used

oil

is

oil

that

has

been

used

and

hasbeen

contaminated

through

use.

Other

special

wastes

that

are

added

to

used

oil

after

it

has

been

generated,

that

are

not

themselves

used

oil,

do

not

become

used

oil,

but

become

regulated

as

used

oil

because

they

contain

used

oil.

These

other

special

wastes

may

exhibit

characteristics

different

from

used

oil

and

may

need

to

be

managed

differently

when

separated

from

used

oil.

Therefore,

the

Illinois

EPA

believes

these

other

special

wastes,

unless

otherwise

exempt,

must

be

subject

to

the

manifesting

and

permitting

requirements

of

Parts

808

and

809.

1

---

P.04

DEC—15—200

8

14:57

DLC

LEGFiL

Since

the

Board’s

first

notice

proposal

did

not

allow

post-use

mixtures

of

used

oil

and

other

special

waste

to

be

exempt

from

the

manifest

and

hauling

requirements,

NORA

is

requesting

that

the

manifest

exemption

and

permit

hauling

exemption

be

extended

to

four

categories

of

post-use

mixtures

of

used

oil

and

other

special

waste

that

are

regulated

by

Part

739.

The

Illinois

EPA

believes

that

only

used

oil

as

defined

in

and

managed

in

accordance

with

Part

739

and

not

materials

subject

to

regulation

as

used

oil

by

Part

739

should

be

exempt

from

the

requirements

of

Parts

808

and

809

regarding

manifests,

hauling

permits

and

facility

permits

requiring

local

siting

under

35

Ill.

Adm.

Code

807.

There

are

two

main

reasons

for

this

decision:

to

encourage

proper

recycling

and

to

insure

proper

management

of

wastes

that

are

added

to

used

oil.

The

Illinois

EPA

believes

it

is

likely

that

other

waste

added

in

to

the

used

oil

will

not

be

recycled,

but

will

be

burned

with

the

used

oil

or

treated

in

a

waste

water

treatment

unit.

Limiting

the

manifest

exemption

to

used

oil

as

defined

in

and

managed

in

accordance

with

Part

739,

as

the

Illinois

EPA

has

proposed,

encourages

the

generator

to

keep

waste

streams

separate

for

appropriate

management

and

recycling.

Therefore,

the

Illinois

EPA

objects

to

NORA’s

proposed

four

broad

categories

of

mixtures

being

included

in

the

manifest

and

hauling

permit

exemption

set

forth

in

the

Board’s

first

notice

proposal.

NORA

also

proposed

adding

language

to

the

tracking

requirements

of

Part

739.

The

language

would

require

Part

739

tracking

documents

to

be

analogous

to

a

manifest

without

the

requirement

of

the

document

being

the

uniform

hazardous

waste

manifest

prescribed

by

the

Illinois

EPA.

Since

the

Illinois

EPA

believes

only

used

oil

as

defined

in

and

managed

in

accordance

with

Part

739

should

be

allowed

a

manifest

exemption,

the

current

tracking

requirements

of

Part

739

are

sufficient.

Therefore,

the

Illinois

EPA

objects

to

amending

the

Part

739

tracking

requirements.

2

---

P.05

DEC—15—20

09

14:58

DLC

LEGAL

IL

POST-USE

MIXTURES

Of

the

four

categories

of

post-use

mixtures

of

used

oil

and

other

special

waste

identified

by

NORA

in

their

proposai,

the

generator

may

already

be

entitled

to

the

manifest

exemption

and

hauling

permit

exemption

set

forth

in

the

Board’s

first

notice

proposal.

The

Illinois

EPA

believes

there

may

be

some

confusion

on

NORA’s

part

about

which

wastes

would

be

exempt

from

manifests

under

the

language

in

the

Board’s

first

notice

proposal.

The

Board’s

proposed

language

in

the

first

notice

exempts

all

used

oil

as

defined

in

and

managed

in

accordance

with

Part

739

regardless

of

water

content.

In

addition,

it

is

the

Illinois

EPA’s

position

that

small

quantity

wastes

that

are

exempt

from

manifesting

before

mixture

with

used

oil

would

remain

exempt

under

the

Board’s

first

notice

proposal

pursuant

to

35

IlL

Adm.

Code

809.2

10

and

that

used

oil

collected

from

waste

water

treatment

units

would

be

exempt

under

the

Board’s

first

notice

proposal

pursuant

to

USEPA’s

clarification

letter

dated

March

22,

1994

andattached

hereto

as

Attachment

#1.

There

are

currently

manifest

exemptions

in

place

for

both

hazardous

waste

and

non-

hazardous

special

waste.

It

is

the

Illinois

EPA’s

position

that

if

a

manifest

exempt

waste

is

mixed

with

used

oil

as

defined

in

Part

739

(that

would

now

be

exempt

from

manifests

under

the

Board’s

first

notice

proposal)

the

mixing

of

two

manifest

exempt

wastes

together

would

not

make

the

resulting

mixture

subject

to

manifest.

A.

CONDiTIONALLY

EXEMPT

SMALL

QUANTITY

GENERATOR

HAZARDOUS

WASTE

Used

oil

that

is

mixed

with

conditionally

exempt

small

quantity

generator

hazardous

waste

may

be

cutting

oil

or

other

types

of

oil

that

was

contaminated

by

use

but

3

---

P.08

DEC—15--20

08

14:58

DLC

LEGFL

contains

mostly

water

and

trace

amounts

of

oil.

Therefore

the

resulting

mixture

will

behave

more

like

a

mixture

of

the

small

quantity

generator

hazardous

waste,

or

water,

rather

than

oil.

Since

conditionally

exempt

small

quantity

generator

hazardous

waste

is

exempt

from

manifests

pursuant

to

35

Ill.

Adm.

Code

72

1.105,

when

mixedwith

used

oil

as

defined

in

and

managed

in

accordance

with

Part

739

(that

would

now

be

exempt

from

manifests

under

the

Board’s

first

notice

proposal)

the

resulting

mixture

will

be

manifest

exempt.

However,

if

the

conditionally

exempt

small

quantity

generator

hazardous

waste

is

mixed

with

waste

other

than

used

oil

as

defined

in

Part

739,

the

resulting

mixture

may

need

to

be

managed

at

a

permitted

special

waste

facility

and

manifested

in

accordance

with

Part

809.

Additionally,

it

is

possible

that

a

small

quantity

generator

of

hazardous

waste

and

a

small

quantity

generator

of

non-hazardous

special

waste

could

mix

the

two

together

and

become

a

large

quantity

generator

of

hazardous

waste

or

a

large

quantity

generator

of

non-hazardous

special

waste.

Regulations

are

already

in

place

to

address

this

issue

and

the

Illinois

EPA

does

not

believe

it

is

appropriate

to

modify

the

hazardous

waste

and

special

waste

determination

regulations

or

large

quantity

generator

status

regulations

through

a

used

oil

manifest

exemption.

B.

CHARACTERISTIC

HAZARDOUS

WASTE

Used

oil

that

is

mixed

with

characteristic

hazardous

waste

may

becutting

oil

or

other

types

of

oil

that

was

contaminated

by

use

but

contains

mostly

water

and

trace

4

---

P.07

DEC—15—20

88

14:58

DLC

LE61L

amounts

of

oil.

Therefore

the

resulting

mixture

will

behave

more

like

a

mixture

of

the

characteristic

hazardous

waste,

or

water,

rather

than

oil.

Characteristic

hazardous

waste

becomes

exempt

from

RCRA

and

regulated

under

the

used

oil

regulations

when

mixed

with

used

oil

defined

in

Part

739

to

the

extent

that

the

characteristic

is

extinguished.

However,

because

the

characteristic

hazardous

waste

is

not

subject

to

a

manifest

exemption

prior

to

being

mixed

with

the

used

oil,

the

resulting

mixture

will

be

exempt

under

RCRA

but

will

be

subject

to

the

special

waste

regulations

including

the

manifest

and

hauling

pennit

requirements

of

Parts

808

and

809

and

the

facility

permit

requirements

of

35

111.

Adm.

Code

807.

NORA

argues

that

the

federal

regulations

allow

some

quantity

of

hazardous

waste

when

mixed

with

used

oil

to

be

regulated

as

used

oil.

Previous

testimony

bythe

Illinois

EPA

points

out

the

USEPA

acknowledged

that

individual

states

may

impose

more

stringent

standards

than

the

federal

requirements.

The

State

of

illinois

has

chosen

to

implement

a

special

waste

program

to

ensure

that

these

wastes

are

managed

properly

at

a

permitted

facility

that

is

subject

to

local

siting.

C.

FUELS

The

Illinois

EPA’s

position

is

that

unused

fuels

in

used

oil

are

not

a

special

waste

because

they

are

presumed

to

be

going

for

burning

(the

original

intended

use)

and

are

therefore

not

disposed.

Unused

fuel

would

include

off-spec

fuel,

such

as

fuel

removed

during

aircraft

maintenance

or

fuel

contaminated

with

water.

Fuels

would

not

be

subject

to

special

waste

manifesting

but

would

be

subject

to

Part

739

when

mixed

with

used

oil.

5

---

P.08

DEC—15—20

88

j4:58

DLC

LE6L

However,

the

latest

proposed

language

by

NORA

expands

the

exemption

beyond

fuels

to

include

normal

components

of

fuel.

Fuel

components

include

thesame

chemicals

that

are

used

as

fuel

additives,

in

small

amounts,

but

could

be

placed

in

the

used

oil

in

high

concentrations

and

could

have

been

used

as

a

solvent

before

they

were

mixed

with

the

oil.

A

mixture

of

this

type

may

contain

used

oil

as

defined

in

Part

739

but

will

be

mostly

water

combined

with

spent

solvent

or

some

other

contaminated

chemical.

The

resulting

mixture

may

not

have

thesame

chemical

or

physical

properties

as

the

normal

used

oil

stream

and

should

only

be

managed

at

a

facility

that

can

mange

the

waste

appropriately

which

the

Illinois

EPA

believes

is

a

properly

permitted

special

waste

facility.

USEPA

has

already

explained

that

even

petroleum

based

wastes

are

not

used

oil

if

they

were

not

used

as

a

lubricant.

They

indicate

that

the

contaminants

resulting

from

the

use

for

some

other

activity

such

as

a

solvent

may

result

in

contaminates

not

normally

associated

with

used

oil.

See

Attachment

#2

as

an

example

of

USEPA’s

position.

The

petroleum

based

solvent

in

this

USEPA

example

would

be

considered

a

normal

component

of

fuel

under

NORA’s

proposal

as

“normal

component

of

fuel”

has

not

been

defined

in

the

proposal.

1).

WASTEWATER

The

Illinois

EPA’s

position

is

that

wastewater

that

is

mixed

with

used

oil

through

use

or

unintentional

contamination

during

collection

or

storage

by

the

generator

is

subject

to

Part

739

and

should

be

allowed

a

special

waste

manifesting

exemption.

However,

the

IEPA

believes

that

there

are

possibly

only

a

few

scenarios

where

a

special

waste

6

---

P.09

DEC—15—20

09

14:59

DLC

LEGFIL

manifesting

exemption

would

apply.

One

is

cutting

fluids

that

contain

a

lot

of

water,

the

second

is

used

oil

that

contains

water

due

to

storage

contamination,

and

the

third

is

recovery

of

used

oil

spills.

In

contrast

NORA’s

proposal

would

exempt

mixtures

of

wastewater

with

de

minimis

amounts

of

used

oil.

The

proposal

does

not

identify

the

amount

of

oil

that

must

be

in

the

waste

water

to

allowthe

waste

stream

to

be

manifest

exempt.

NORA

testified

that

the

cle

minimis,

or

recoverable

amount

of

oil

is

different

for

different

receiving

facilities.

(See

October

1,

2008

Hearing

Transcript

Page

85

Line

17

through

Page

87

Line

4).

Therefore

the

generator

would

need

to

know

the

location

and

processing

abilities

of

the

receiving

facility

to

determine

if

the

manifest

exemption

applies

to

the

used

oil

mixture.

Also,

NORA’s

proposed

exemption

does

not

require

the

wastewater

to

be

in

the

used

oil

as

a

result

of

the

use

of

the

used

oil.

Therefore

the

source

of

the

wastewater

is

limitless

and

the

receiving

facility

would

have

no

idea

of

what

chemical

constituents

would

be

in

the

waste

water.

Illinois

EPA

is

concerned

that

NORA’s

proposal

may

encourage

mismanagement

of

other

waste

added

to

used

oil.

The

language

of

theexemption

fails

to

exclude

other

waste

from

the

exemption

if

added

to

the

recyclable

oil

for

the

sole

purpose

of

disposing

of

the

other

waste.

This

will

encourage

the

addition

of

other

wastes

to

the

used

oil

which,

according

to

NORA’s

witnesses,

will

either

be

discharged

through

a

wastewater

treatment

system

or

burned

along

with

the

used

oil,

regardless

if

that

is

the

appropriate

way

to

manage

thewaste.

(See

October

1,

2008

Hearing

Transcript

Page

32

Line

19

through

Page

33

Line

8,

Page

41

Lines

2-6,

and

Page

42

Lines

17-24).

Previous

testimony

by

the

Illinois

EPA

stated

that

it

is

not

the

Illinois

EPA’s

7

---

P.10

DEC—15—20

06

14:59

DLC

LEGRL

desire

or

the

intent

of

the

used

oil

regulations

to

encourage

the

mixing

of

other

wastes

with

the

used

oil,

but

to

recycle

each

waste

stream

separately.

The

wording

in

the

most

recent

NORA

proposal

does

not

sufficiently

address

these

concerns.

The

Illinois

EPA

would

also

like

to

point

out

that

USEPA

does

not

encourage

the

mixture

of

used

oil

and

other

waste.

The

Illinois

EPA

in

previous

testimony

identified

portions

of

the

federal

register

where

USEPA

discouraged

the

mixing

of

other

wastes

or

products

with

used

oil.

USEPA

has

also

developed

guidance

that

clearly

encourages

used

oil

generators

to

keep

their

used

oil

separate

from

other

wastes.

(See

USEPA

fact

sheets

attached

hereto

as

Attachment

#3

and

Attachment

#4).

It

should

also

be

noted

that

the

reason

the

management

standards

at

Part

739

require

used

oil

tanks,

containers,

and

fill

pipes

to

be

clearly

marked

with

the

words

“used

oil”

is

to

prevent

the

accidental

dumping

of

other

wastes

into

the

used

oil.

For

these

reasons

the

Illinois

EPA

believes

the

mixing

of

used

oil

with

other

special

waste

should

not

be

encouraged

by

providing

a

manifest

exemption

as

an

incentive

to

mix

these

wastes.

Mixtures

of

used

oil

and

other

wastes

may

change

the

characteristics

of

the

mixture

and

the

mixture

should

be

re-evaluated

after

mixing.

it

is

the

position

of

the

Illinois

EPA

that

in

each

individual

case,

before

mixing

the

generator

should

determine

if

each

waste

stream

is

subject

to

manifesting.

If

any

of

the

waste

streams

are

subject

to

manifest

before

mixing,

the

resulting

mixture

is

subject

to

manifesting.

If

mixing

the

waste

streams

together

changes

the

characteristics

of

the

waste,

the

mixing

activity

is

treatment

and

the

generator

must

re-evaluate

the

resulting

waste

stream

and

manage

it

in

accordance

with

the

applicable

regulations.

The

Illinois

EPA

believes

the

current

criteria

for

exemption

should

remain

dependent

on

the

quantity

and

characteristics

of

thewaste

both

before

and

after

mixing.

8

---

P.11

DEC—15—200

6

14:59

DLC

LEGFIL

In

sum,

it

is

the

Illinois

EPA’s

position

that

mixtures

of

used

oil

and

other

wastes

that

do

not

meet

the

definition

of

used

oil

in

Part

739,

that

are

not

otherwise

exempt

from

manifests

according

to

the

special

waste

or

hazardous

waste

regulations,

and

which

are

intentionally

added

to

the

used

oil

after

it

is

generated,

would

not

be

exempt

from

manifesting

and

hauling

permits

under

the

Board’s

first

notice

proposal

language

and

the

Illinois

EPA

remains

opposed

to

the

exemption

of

such

mixtures

from

manifesting

and

hauling

permits.

Mr.

Ray,

in

his

testimony

indicated

that

about

fifty

percent

of

his

company’s

customers

are

automotive

customers

and

fifty

percent

of

the

automotive

customers

are

conditionally

exempt

small

quantity

generators.

(See

October

1,

2008

Hearing

Transcript

Page

52

Lines

1-7).

Considering

this

testimony,

the

current

available

manifest

exemptions

and

the

manifest

exemption

for

used

oil

included

in

the

Board’s

first

notice

proposal,

the

Illinois

EPA

believes

that

most

used

oil

and

appropriate

used

oil

mixtures

will

be

exempt

from

manifests

if

the

language

in

the

Board’s

first

notice

proposal

is

adopted.

Ill.

COSTS

OF

PROPOSED

MANIFEST

EXEMPTION

NORA

argues

that

the

puipose

of

its

new

proposal

is

to

rid

the

used

oil

collection

system

of

duplicate

paperwork.

NORA’s

witnesses

stated

during

the

October

1,

2008

hearing

that

the

DOT

requirements

must

be

satisfied

by

a

completely

separate

document,

when

in

fact

they

can

be

satisfied

by

the

manifest.

(See

October

1,

2008

Hearing

Transcript

Page

17

Lines

3-12,

Page

20

Lines

13-17,

Page

69

Lines

10-17,

and

Page

144

Lines

14-18.)

Please

see

Attachment

#5

for

a

statement

at

DOT’s

website

stating

that

a

DOT

document

does

not

have

to

be

a

separate

piece

of

paper

in

addition

to

a

manifest.

9

---

P.12

DEC—15—20

08

14:59

DLC

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NORA

proposes

amending

the

Part

739

tracking

requirements

to

include

all

the

information

the

Illinois

EPA

or

Board

deems

necessary

to

track

the

shipments

to

the

used

oil

recycler

and

to

require

the

tracking

and

recordkeeping

for

the

generators,

transporters,

and

receiving

facilities.

This

would

effectively

be

a

free

form

manifest

that

would

contain

all

the

information

and

be

subject

to

all

of

the

recordkeeping

requirements

of

a

manifest,

without

the

prescribed

form

of

a

uniform

hazardous

waste

manifest.

However,

the

Illinois

EPA

believes

that

NORA’s

new

proposal

would

actually

create

additional

paperwork

and

burdensome

testing

for

the

generators

of

used

oil.

NORA’s

proposal

would

require

the

generator

to

determine

the

percent

water,

BTU

value

and

amount

of

recoverable

oil

in

certain

mixtures

before

they

would

be

able

to

use

the

manifest

exemption.

The

generator

would

need

to

keep

records

of

this

testing

to

be

used

to

support

their

determination.

NORA’s

proposal

would

also

require

specific

test

methods

for

determining

percent

water

and

BTU

content.

Without

these

standardized

test

methods,

it

will

be

difficult

for

the

illinois

EPA

to

determine

compliance

with

the

manifest

exemption.

Different

sampling

and

test

methods

may

produce

different

results

and

may

vary

in

cost.

Without

specifying

sampling

and

test

methods,

other

factors

beyond

appropriateness

of

the

method

may

be

the

incentive

for

the

generator

in

choosing

a

method.

Mr.

Lenz

testified

that

the

generator

could

get

some

of

the

required

information

from

Material

Safety

Data

Sheets

(“MSDS”).

(See

October

1,

2008

Hearing

Transcript

Page

63

Lines

18-22).

However,

none

of

this

information

is

required

by

law

to

be

placed

on

the

MSDS

and

there

is

no

governing

body

that

routinely

polices

the

accuracy

of

MSDS.

(See

29

CFR

1910.1200(g)

which

identifies

the

information

required

on

an

MSDS).

In

addition,

the

MSDS

only

identifies

contents

of

the

product

before

use.

Therefore,

even

if

the

MSDS

information

is

10

---

P.13

DEC—15—20

08

15:00

DLC

LEG1L

available,

in

many

instances

the

generator

would

be

forced

to

conduct

testing

to

determine

the

post-use

percentage

of

water,

BTU

value

and

amount

of

recoverable

oil.

In

addition

to

the

testing

and

supporting

documentation,

the

generator

would

also

be

required

to

keep

copies

of

the

new

free

form

manifest

proposed

by

NORA.

In

contrast,

in

the

Board’s

first

notice

proposal,

generators

that

were

eligible

for

the

used

oil

manifest

exemption

would

only

be

subject

to

the

current

used

oil

tracking

requirements

which

do

not

require

generators

to

keep

records.

Furthermore,

NORA

members

that

testified

on

this

proposal

at

the

October

1,

2008

hearing

were

exclusively

used

oil

transporters,

transfer

facilities

and

marketers.

The

generators,

smaller

transporters,

Illinois

processors

and

permitted

special

waste

treatment

facilities

that

are

currently

permitted

to

take

post-use

mixtures

were

not

represented

and

may

not

be

aware

of

the

changes

NORA’s

proposal

would

require

of

them

if

adopted.

The

illinois

registered

processors

of

used

oil

and

the

permitted

special

waste

treaters

who

would

receive

the

segregated

special

waste

that

is

not

used

oil

may

prefer

that

the

used

oil

and

other

special

waste

be

kept

separate

for

treatment.

NOP.A

testified

that

the

cost

of

preparing,

storing

and

processing

the

manifest

is

currently

estimated

to

be

$18/manifest.

(See

October

1,

2008

Hearing

Transcript

Page

176

Lines

1-7).

If

in

fact

NORA

members

made

the

changes

discussed

in

the

most

recent

hearing

and

added

the

manifest

information

and

recordkeeping

requirements

into

the

proposal,

the

Illinois

EPA

believes

the

real

cost

savings

considering

the

additional

cost

of

preparing,

storing

and

processing

the

freeform

manifest

would

be

less

than

$18/manifest.

And

with

the

additional

testing

requirements,

supporting

documentation

and

freeform

manifest

retention

for

generators

the

cost

to

the

used

oil

industry

would

actually

increase.

ii

---

P

14

DEC—152

008

15:00

DLC

LE6PL

Because

of

the

reasons

specified

above

the

Illinois

EPA

objects

to

any

other

wastes

besides

used

oil

as

defined

in

and

managed

in

accordance

with

Part

739

being

included

in

the

manifest

and

hauling

permit

exemption

set

forth

in

the

Board’s

first

notice

proposal,

objects

to

amending

thetracking

requirements

of

Part

739,

and

recommends

that

the

Board

adopt

the

language

of

its

first

notice

proposal.

Respectfully

submitted,

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY.

St

anie

Flowers

Assistant

Counsel

Division

of

Legal

Counsel

DATED:/2

/$O

1021

North

Grand

Avenue

East

P.O.

Box

19276

Springfield,

Illinois

62794-9276

(217)

782-5544

12

---

DLC

LE6AL

P.15

DEC—15—2

008

15:00

CERTIFICATE

OF

SERVICE

I,

STEPHANIE

FLOWERS,

an

attorney,

do

certify

that

I

filed

electronically

with

the

Office

of

the

Clerk

of

the

illinois

Pollution

Control

Board

the

ILLiNOIS

ENVIRONMENTAL

PROTECTION

AGENCY’S

POST-HEARiNG

COMMENTS

and

will

cause

the

same

to

be

served

upon

the

following

persons,

by

placing

a

true

and

correct

copy

in

an

envelope

addressed

to:

Dorothy

Gunn,

Clerk,

Illinois

Pollution

Control

Board

James

R.

Thompson

Center

100

W.

Randolph,

Suite

11-500

Chicago,

Illinois

60601

Matthew

J.

Dunn

Environmental

Bureau

Chief

Office

of

the

Attorney

General

Environmental

Bureau

North

69

West

Washington

Street,

Suite

1800

Chicago,

Illinois

60602

Claire

A.

Manning

Brown,

Hay

&

Stephens,

LLP

700

First

Mercantile

Bank

Building

205

South

Fifth

St.,

P.O.

Box

2459

Springfield,

Illinois

62705-2459

William

Richardson,

Chief

Legal

Counsel

Office

of

Legal

Counsel

Illinois

Dept.

of

Natural

Resources

One

Natural

Resources

Way

Springfield,

Illinois

62702-1271

Tim

Fox,

Hearing

Officer

Illinois

Pollution

Control

Board

James

R.

Thompson

Center

100

W.

Randolph

St.

Suite

11-500

Chicago,

Illinois

60601

Deirdre

K.

Hirner,

Executive

Director

Illinois

Environmental

Regulatory

Group

215

East

Adams

Street

Springfield,

Illinois

62701

and

mailing

it

by

First

Class

Mail

from

Springfield,

illinois

on

December

15,2008

with

sufficient

postage

affixed.

DATED:__________

1021

North

Grand

Avenue

East

P.O.

Box

19276

Springfield,

Illinois

62794-92

76

(217)

782-5544

t

STEPHthJ4IE

FLOWERS

---

P.16

DEC—15—20

08

15:00

DLC

LE61L

u.tacnmeflt

i

9592.1994(02)

United

States

Environmental

Protection

Agency

Washington,

D.C.

20460

Office

of

Solid

Waste

and

Emergency

Response

March

22,

1994

Mr.

Gary

F.

Lmdgren

Vice

President,

Environmental

Compliance

Heritage

Environmental

Services,

Inc.

7901

West

Morris

Street

Indianapolis,

Indiana

46231

Dear

Mr.

Lindgren:

Thank

you

for

your

letters

of

August

6,

1993,

and

February

8,

1994,

requesting

clarification

of

the

Environmental

Protection

Agency’s

(EPA)

Recycled

Used

Oil

Management

Standards

as

they

apply

to

wastewater

treatment

activities.

I

apologize

for

the

delay

in

responding

to

your

request.

As

you

correctly

note

in

your

letter,

wastewater

that

contains

used

oil

meets

the

§279.1

definition

of

used

oil

and

is

subject

to

regulation

under

the

used

oil

management

standards.

You

first

ask

whether

the

oil

that

is

recovered

from

such

wastewater

during:

a)

treatment

to

meet

a

Clean

Water

Act

(CWA)

permit

discharge

limit;

or

b)

a

used

oil

recovery

process,

would

also

be

considered

used

oil

under

§279.1.

The

answer

in

both

cases

is

yes.

Used

oil

that

is

recovered

from

wastewater

during

treatment

to

make

the

wastewater

acceptable

for

discharge

under

a

CWA

permit

is

regulated

as

used

oil.

Similarly,

oil

recovered

from

wastewater

generated

during

a

used

oil

recovery

process

is

also

considered

used

oil

for

regulatory

purposes.

Your

second

question

is

whether

residues

or

sludges

from

CWA

treatment

of

wastewater

containing

used

oil

is

included

in

the

definition

of

used

oil.

In

technical

amendments

and

corrections

to

the

used

oil

rule,

published

on

May

3,

1993,

EPA

clarified

that

used

oil

residues

and

sludges

are

subject

to

regulation

under

the

used

oil

management

standards.

(58

FR

26422)

Finally,

you

ask

whether

EPA

differentiates

between

a

CWA

RO

11818

---

DEC—15—2009

15:01

DLC

LE6L

P.17

wastewater

treatment

operation

that

includes

oil/water

separation

and

a

used

oil

processing

operation

that

includes

CWA

permitted

oil/water

separation.

EPA

specffically

addressed

this

issue

in

recently

issued

amendments

to

the

final

used

oil

regulations.

These

amendments

were

signed

by

the

EPA

administrator

on

February

25,

1994,

and

have

been

sent

to

the

Federal

Register

for

publication.

A

pre-publication

copy

of

the

final

rule

is

attached.

The

attached

final

rule

clarifies

that

separating

used

oil

from

wastewater

generated

on-site

to

make

the

wastewater

acceptable

for

discharge

pursuant

to

a

CWA

discharge

permit

are

not

subject

to

the

used

oil

processor

standards,

provided

that

the

recovered

used

oil

is

not

being

sent

to

an

off-site

used

oil

burner

(see

§279.20(b)(2)(ii)(B)).

As

discussed

in

the

attached

preamble,

under

§279

20(b)(2)(ii)(B),

oil/water

separation

activities

conducted

by

a

used

oil

processor

(for

purposes

of

wastewater

discharge)

on

wastewater

which

has

been

generated

by

that

processor

are

not

subject

to

the

Subpart

F

processor

standards

(see

pg.38).

In

other

words,

EPA

does

not

differentiate

between

oil/water

separation

activities

conducted

by

used

oil

processors

and

oil/water

separation

activities

undertaken

by

non-used

oil

processors.

Provided

that

the

wastewater

is

generated

on—site,

neither

activity

is

subject

to

the

used

oil

processor

standards.

However,

as

further

clarified

in

the

preamble,

persons

who

perform

oil/water

separation

activities

on

wastewater

that

is

received

from

off-site

would

be

considered

used

oil

processors

(see

pg.39

of

the

attached).

You

should

note,

however,

that

the

Federal

used

oil

regulations

(including

the

amendments

cited

in

this

letter)

are

not

currently

in

effect

in

States

authorized

to

implement

the

hazardous

waste

program

and

will

not

become

effective

in

such

states

until

they

are

adopted

as

State

law.

Also,

it

is

important

to

note

that

State

regulations

may

be

more

stringent

than

Federal

regulations.

If

you

have

any

further

questions,

please

contact

Eydie

Pines

of

my

staff

at

(202)

260-3509.

Sincerely,

Michael

Shapiro

Director

Office

of

Solid

Waste

Attachment

RO

11818

---

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C

LEGFL

L4.uLueUz.

DEC—152

8

Ø

6

j5:Ø1

Mr.

Christoper

Harris

Harris,

Tarlow

&

Stonecipher

1439

West

Babcock

Bozeman,

Montana

59715

Dear

Mr.

Harris:

Thank

you

for

your

letter

of

September

17,

1998

requesting

an

interpretation

of

the

federal

used

oil

regulations.

Based

on

subsequent

conversations

between

you

and

my

staff,

you

specifically

asked

whether

a

spent

petroleum-based

solvent

that

includes

oily

residues

as

a

result

of

the

solvent’s

use

to

clean

machine

parts

would

be

regulated

as

used

oil

under

40

CFR

Part

279.

The

Agency

does

not

consider

such

spent

petroleum-based

solvent

to

be

used

oil

and

did

not

intend

that

it

be

regulated

as

such.

Accordingly

1

when

a

petroleum-based

solvent

is

spent

(i.e.,

no

longer

possesses

a

solvent

property)

and/or

is

taken

out

of

service,

it

becomes

a

waste

subject

to

a

hazardous

waste

determination

(see

40

CFR

262.11).

Generators

may

use

their

knowledge

or

testing

to

determine

whether

a

waste

is

hazardous.

When

the

Agency

promulgated

the

Used

Oil

Management

Standards

(57

FR

41566,

September

10,1992)

it

discussed

its

view

that

spent

petroleum-based

solvents

are

not

included

in

the

definition

of

used

oiL

Specifically,

the

preamble

states:

“(t)oday’s

definition

(of

used

oil)

does

not

include

oil-based

products

used

as

solvents

refined

from

crude

oil

or

manufactured

from

synthetic

materials.

The

Agency

has

always

viewed

petroleum-based

solvents

as

wastes

separate

and

distinct

from

used

oil”

(57

FR

41566

at

41574).

The

Agency

continues

to

view

spent

petroleum-based

solvents

as

wastes

separate

and

distinct

from

used

oil,

because

the

source

of

contamination

in

used

petroleum-based

solvents

is

difficult

to

determine.

Petroleum-based

solvents,

for

instance,

are

used

as

cleaning

agents,

degreasing

fluids,

and

part-cleaning

solvents

in

the

automotive

and

vehicle

maintenance

industry,

in

metalworking

operations,

and

in

other

similar

applications.

The

process

of

removing

oily

residues

from

parts

with

a

petroleum-based

solvent

not

only

removes

the

oily

residues

by

chemically

dissolving

RO

14396

---

P.19

DEC—15—20

09

15:01

DLC

LEGFL

them,

but

it

also

may

remove

solids

or

other

organic-based

materials

such

as

metal

shavings,

waste

gasoline,

polychiorinated

biphenyls,

pesticides,

and

chlorinated

solvents.

Of

course,

spent

petroleum-based

solvents

that

are

intentionally

mixed

with

batches

of

used

oil

(to

make

fuel

oils,

for

example)

can

be

regulated

as

used

oil

as

provided

in

40

CFR

279.10(b).

It

is

important

to

note,

however,

that

even

though

a

solvent

may

be

ignitable-only

or

non-hazardous

prior

to

use,

once

the

solvent

has

been

used,

itmay

contain

other

hazardous

contaminants

as

a

result

of

that

usage.

Therefore,

a

hazardous

waste

determination

would

be

required

prior

to

mixing

spent

solvents

with

batches

of

used

oil.

Finally,

it

is

also

important

to

note,

that

EPA

regional

offices

and

states

authorized

to

implement

the

RCRA

program

make

determinations

regarding

the

requirements

that

apply

in

specific

situations.

Also,

some

states

have

programs

that

are

more

stringent

than

the

federal

hazardous

waste

arid

used

oil

programs.

If

you

have

any

further

questions

regarding

the

federal

used

oil

regulations,

please

contact

Mike

Svizzero

of

my

staff

at

(703)

308-0046.

Sincerely,

Stephen

Heare,

Acting

Director

Permits

and

State

Programs

Division

RO

14396

---

DEC—15—2008

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P.20

Attachutent

3

http

://www

.epa

qov/osw/conserve/materials/usedoi!!usedoiLhtrn#standards

Last

updated

on

Friday,

December

12th,

2008.

j

Wastes

-

Resource

Conservation

-

Common

Wastes

&

Materials

4

4t

You

are

here:

EPA

Home

Wastes

Resource

Conservation

Common

Wastes

&

Materials

Used

Oil

Management

Program

Publications

Managing

Used

Oil:

Advice

for

Small

Businesses

•

Used

Oil

Management

•

Basic

Information

•

Laws

&

Regulations

•

Campaign

•

Publications

Managing

Used

Oil:

Advice

for

Small

Businesses

•

What

is

Used

Oil?

—

How

Is

Used

Oil

Recycled?

•

gs

My

Business

Handle

Used

Oil?

°

What

Standards

Should

My

Business

Follow?

•

How

Should

My

Business

Manage

Used

Oil

Filters?

•

How

Can

My

Business

Avoid

Costly

Cleanups?

•

What

Else

Can

My

Business

Do

to

Conserve

Oil?

•

SuDporting

Documents

This

fact

sheet

contains

valuable

information

for

businesses

such

as

service

stations,

fleet

maintenance

facilities,

and

“quick

lube”

shops

that

generate

and

handle

used

oil.

It

summarizes

the

U.S.

Environmental

Protection

Agency’s

(EPA’s)

used

oil

management

standards--a

set

of

“good

housekeeping”

requirements

for

used

oil

handlers.

These

requirements

are

detailed

in

Title

40

of

the

Code

of

Federal

Regulations

(CFR)Part

279.

Small

businesses

should

also

refer

to

EPA’s

Emergency

Response

Division’s

Information

Line

at

202

260-2342

for

information

on

how

to

manage

spills.

What

is

Used

Oil?

EPA’s

regulatory

definition

of

used

oil

is

as

follows:

Used

oil

is

any

oil

that

has

been

refined

from

crude

oil

or

any

synthetic

oil

that

has

been

used

and

as

a

result

of

such

use

is

contaminated

by

physical

or

chemical

impurities.

Simply

put,

used

oil

is

exactly

what

its

name

implies—any

petroleum-based

or

synthetic

oil

that

has

been

used.

During

normal

use,

impurities

such

as

dirt,

metal

scrapings,

water,

or

chemicals

can

get

mixed

in

with

the

oil,

so

that

in

time

the

oil

no

longer

performs

well.

Eventually,

this

used

oil

must

be

replaced

with

virgin

or

re-refined

oil

to

do

the

job

at

hand

EPA’s

used

oil

management

standards

include

a

three-pronged

approach

to

determine

if

a

substance

meets

the

definition

of

used

oil.

To

meet

EPA’s

definition

of

used

oil,

a

substance

must

meet

each

of

the

following

three

criteria:

•

OrIgin

—

the

first

criterion

for

identifying

used

oil

is

based

on

the

origin

of

the

oil.

Used

oil

must

have

been

refined

from

crude

oil

or

made

from

synthetic

materials.

Animal

and

vegetable

oils

are

excluded

from

EPA’s

definition

of

used

oil.

•

Use

the

second

criterion

is

based

on

whether

and

how

the

oil

is

used.

Oils

used

as

http://www.epa.gov/osw/conserve/materials/usedoilJusecloil.htm

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DLC

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P.21

lubricants,

hydraulic

fluids,

heat

transfer

fluids,

buoyants,

and

for

other

similar

purposes

are

considered

used

oil.

Unused

oil

such

as

bottom

clean-out

waste

from

virgin

fuel

oil

storage

tanks

or

virgin

fuel

oil

recovered

from

a

spill,

do

not

meet

EPA’s

definition

of

used

oil

because

these

oils

have

never

been

“used.

7

’

EPA’s

definition

also

excludes

products

used

as

cleaning

agents

or

solely

for

their

solvent

properties,

as

well

as

certain

petroleum-derived

products

like

antifreeze

arid

kerosene.

Contaminants

—

the

third

criterion

is

based

on

whether

or

not

the

oil

is

contaminated

with

either

physical

or

chemical

impurities.

In

other

words,

to

meet

EPA’s

definition,

used

oil

must

become

contaminated

as

a

result

of

being

used.

This

aspect

of

EPA’s

definition

includes

residues

and

contaminants

generated

from

handling,

storing,

and

processing

used

oil.

Physical

contaminants

could

include

metal

shavings,

sawdust,

or

dirt.

Chemical

contaminants

could

include

solvents,

halogens,

or

saltwater.

Table

of

What

Used

OH

Is

and

Is

Not

Used

Oil

Is:!

•

Synthetic

oil

—

usually

derived

from

coal,

shale,

or

polymer-based

starting

material.

•

Engine

oil

typically

includes

gasoline

and

diesel

engine

crankcase

oils

and

piston-engine

oils

for

automobiles,

trucks,

boats,

airplanes,

locomotives,

and

heavy

equipment.

•

Transmission

fluid.

•

Refrigeration

oil.

•

Compressor

oils.

•

Metalworking

fluids

and

oils.

•

Laminating

oils.

•

Industrial

hydraulic

fluid.

•

Copper

and

aluminum

wire

drawing

solution.

•

Electrical

insulating

oil.

•

Industrial

process

oils.

•

Oils

used

as

buoyants.

*

This

list

does

not

include

all

types

of

used

oil.

How

is

Used

OH

Recycled?

Used

Oil

Is

Not:

•

Waste

oil

that

is

bottom

clean-out

waste

from

virgin

fuel

storage

tanks,

virgin

fuel

oil

spill

deanups,

or

other

oil

wastes

that

have

not

actually

been

used.

•

Products

such

as

antifreeze

and

kerosene.

•

Vegetable

and

animal

oil,

even

when

used

as

a

lubricant.

•

Petroleum

distillates

used

as

solvents.

Oils

that

do

not

meet

EPA’s

definition

of

•

used

oil

can

still

pose

a

threat

to

the

environment

when

disposed

of

and

could

be

subject

to

the

RCRA

regulations

for

hazardous

waste

management.

Once

oil

has

been

used,

it

can

be

collected,

recycled,

and

used

over

and

over

again.

An

estimated

380

million

gallons

of

used

oil

are

recycled

each

year.

Recycled

used

oil

can

sometimes

be

used

again

for

the

same

job

or

can

take

on

a

completely

different

task.

For

example,

used

motor

oil

can

be

re-refined

and

sold

at

the

store

as

motor

oil

or

processed

for

furnace

fuel

oil.

Aluminum

rolling

oils

also

can

be

filtered

on

site

and

used

over

again.

Used

Oil

Can

Be

Recycled

in

the

Following

Ways

*

Reconditioned

on

site,

which

involves

removing

impurities

from

the

used

oil

and

using

it

again.

While

this

form

of

recycling

might

not

restore

the

oil

to

its

original

condition,

it

does

prolong

its

life.

•

Inserted

into

a

petroleum

refinery,

which

involves

introducingused

oil

as

a

feedstock

into

either

the

front

end

of

the

process

or

the

coker

to

produce

gasoline

and

coke.

•

Re-refined,

which

involves

treating

used

oil

to

remove

impurities

so

that

it

can

be

http:/lwww.epa.gov/osw/conserve/materials/usedoillusedoil.htm

12/12/2008

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P.22

DEC—15—200B

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used

as

a

base

stock

for

new

lubricating

oil.

Re-refining

prolongs

the

life

of

the

oil

resource

indefinitely.

This

form

of

recycling

is

the

preferred

option

because

it

closes

the

recycling

loop

by

reusing

the

oil

to

make

the

same

product

that

it

was

when

it

started

out,

and

therefore

uses

less

energy

and

less

virgin

oil.

Processed

and

burned

for

energy

recovery,

which

involves

removing

water

and

particulates

so

that

used

oil

can

be

burned

as

fuel

to

generate

heat

or

to

power

industrial

operations.

This

form

of

recycling

is

not

as

preferable

as

methods

that

reuse

the

material

because

it

only

enables

the

oil

to

be

reused

once.

Nonetheless,

valuable

energy

is

provided

(about

the

same

as

provided

by

normal

heating

oil).

Recycling

Used

Oil

Es

Good

for

the

Environment

and

the

Economy

-

Here’s

Proof

•

Re-refining

used

oil

takes

only

about

one-third

the

energy

of

refining

crude

oil

to

lubricant

quality.

•

It

takes

42

gallons

of

crude

oil,

but

only

one

gallon

of

used

oil,

to

produce

2

1/2

quarts

of

new,

high-quality

lubricating

oil.

•

One

gallon

of

used

oil

processed

for

fuel

contains

about

140,000

British

Thermal

Units

(BTUs)

of

energy.

Does

My

Business

Hand’e

Used

Oil?

The

following

paragraphs

describe

different

types

of

businesses

that

handle

used

oil.

•

Generators

are

businesses

that

handle

used

oil

through

commercial

or

industrial

operations

or

from

the

maintenance

of

vehicles

and

equipment.

Generators

are

the

largest

segment

of

the

used

oil

industry.

Examples

of

common

generators

are

car

repair

shops,

service

stations,

quick

lube

shops,

government

motor

pools,

grocery

stores,

metal

working

industries,

and

boat

marinas.

Farmers

who

produce

less

than

an

average

of

25

gallons

of

used

oil

per

month

are

excluded

from

generator

status.

Individuals

who

generate

used

oil

through

the

maintenance

of

their

personal

vehicles

and

equipment

are

not

subject

to

regulation

under

the

used

oil

management

standards.

Collection

centers

and

aggregation

points

are

facilities

that

accept

small

amounts

of

used

oil

and

store

it

until

enough

is

collected

to

ship

it

elsewhere

for

recycling.

Collection

centers

typically

accept

used

oil

from

multiple

sources

that

include

both

businesses

and

individuals.

Aggregation

points

collect

oil

only

from

places

run

by

the

same

owner

or

operator

and

from

individuals.

Transporters

are

companies

that

pick

up

used

oil

from

all

sources

and

deliver

it

to

re-refiners,

processors,

or

burners.

Transfer

facilities

include

any

structure

or

area

where

used

oil

is

held

for

longer

than

24

hours,

but

not

longer

than

35

days.

Examples

of

transfer

facilities

are

loading

docks

and

parking

areas.

•

Re-refiners

and

processors

are

facilities

that

blend

or

remove

impurities

from

used

oil

so

that

it

can

be

burned

for

energy

recovery

or

reused.

Included

in

this

category

are

re-refiners

who

process

used

oil

so

that

it

can

be

reused

in

a

new

product

such

as

a

lubricant

and

recycled

again

and

again.

EPA’s

management

standards

primarily

focus

on

this

group

of

used

oil

handlers.

•

Burners

burn

used

oil

for

energy

recovery

in

boilers,

industrial

furnaces,

or

in

hazardous

waste

incinerators.

•

Marketers

are

handlers

who

either

a)

direct

shipments

of

used

oil

to

be

burned

as

fuel

in

regulated

devices

or,

b)

claim

that

certain

EPA

specifications

are

met

for

used

oil

to

be

burned

for

energy

recovery

in

devices

that

are

not

regulated.

They

also

sometimes

help

move

shipments

of

used

oil

to

burners.

By

definition,

marketers

must

also

fall

into

at

least

one

of

the

above

categories.

What

Standards

Should

My

Business

Follow?

If

your

business

generates

or

handles

used

oil,

there

are

certain

good

housekeeping

practices

that

you

must

follow.

These

required

practices,

called

“management

standards,”

were

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developed

by

EPA

for

businesses

that

handle

used

oil.

The

management

standards

are

common

sense,

good

business

practices

designed

to

ensure

the

safe

handling

of

used

oil,

to

maximize

recycling,

and

to

minimize

disposal.

The

standards

apply

to

all

used

oil

handlers,

regardless

of

the

amount

of

the

oil

they

handle.

Although

different

used

oil

handlers

may

have

specific

requirements,

the

following

requirements

are

common

to

all

types

of

handlers.

These

requirements

relate

to

storage

and

to

cleaning,

up

leaks

and

spills,

as

follows.

•

Label

all

containers

and

tanks

as

Used

Oil.

•

Keep

containers

and

tanks

in

good

condition.

Don’t

allow

tanks

to

rust,

leak,

or

deteriorate.

Fix

structural

defects

immediately.

•

Never

store

used

oil

in

anything

other

than

tanks

and

storage

containers.

Used

oil

may

also

be

stored

in

units

that

are

permitted

to

store

regulated

hazardous

waste.

Tanks

and

containers

storing

used

oil

do

not

need

to

be

RCRA

permitted,

however,

as

long

as

they

are

labeled

and

in

good

condition.

Storage

of

used

oil

in

lagoons,

pits,

or

surface

impoundments

that

are

not

permitted

under

RCRA

is

prohibited.

Oil

Leaks

and

Spills

•

Take

steps

to

prevent

leaks

and

spills.

Keep

machinery,

equipment

containers,

and

tanks

in

good

working

condition

and

be

careful

when

transferring

used

oil.

Have

sorberit

materials

available

on

site.

•

If

a

spill

or

leak

occurs,

stop

the

oil

from

flowing

at

the

source.

If

a

leak

from

a

container

or

tank

can’t

be

stopped,

put

the

oil

in

another

holding

container

or

tank.

•

Contain

spilled

oil.

For

example,

containment

can

be

accomplished

by

erecting

sorbent

berms

or

by

spreading

a

sorbent

over

the

oil

and

*

Clean

up

the

oil

and

recycle

the

used

oil

as

you

would

have

before

it

was

spilled.

If

recycling

is

not

possible,

you

first

must

make

sure

the

used

oil

is

not

a

hazardous

waste

and

dispose

of

it

appropriately.

All

used

cleanup

materials,

from

rags

to

sorbent

booms,

that

contain

free-flowing

used

oil

also

must

be

handled

according

to

the

used

oil

management

standards.

Remember,

all

leaked

and

spilled

oil

collected

during

cleanup

must

be

handled

as

used

oil.

if

you

are

a

used

oil

handler,

you

should

become

familiar

with

these

cleanup

methods.

They

may

also

be

part

of

a

spill

response

action

plan.

•

Remove,

repair,

or

replace

the

defective

tank

or

container

immediately.

Record

Keeping

EPA

uses

12-digit

identification

(ID)

numbers

to

track

used

oil.

Transporters

hauling

used

oil

must

have

a

valid

EPA

ID

number,

and

generators,

collection

centers,

and

aggregation

points

must

use

transporters

with

EPA

ID

numbers

for

shipping

used

oil

off

site.

If

you

need

an

ID

number,

contact

your

EPA

regional

office

or

your

state

director.

Generators,

collection

centers,

aggregation

points,

and

any

handler

that

transports

used

oil

in

shipments

of

less

than

55

gallons

do

not

need

an

ID

number,

but

may

need

a

state

or

local

permit.

Used

oil

transporters,

processors,

burners,

and

marketers

also

must

record

each

acceptance

and

delivery

of

used

oil

shipments.

Records

can

take

the

form

of

a

log,

invoice,

or

other

shipping

document

and

must

be

maintained

for

three

years.

Re-refiners,

processors,

transfer

facilities,

and

burners

must

have

secondary

containment

systems

(e.g.,oil-impervious

dike,

berm,

or

retaining

wall

and

a

floor)

so

that

oil

can

not

reach

the

environment

in

the

event

of

a

leak

or

spill.

EPA

also

encourages

generators

to

use

a

secondary

containment

system

to

prevent

used

oil

from

contaminating

the

environment.

Burners

of

used

oil

that

meets

a

certain

set

of

quality

standards

called

the

used

oil

specifications

are

not

regulated

under

the

used

oil

management

standards,

as

Tong

as

the

used

oil

is

burned

in

appropriate

boilers,

furnaces,

or

incinerators.

Know

and

understand

your

state

regulations

governing

the

management

of

used

oil

they

http://www.epa.gov/osw/conserve/materials/usedoillusedoil.htm

12/12/20flR

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might

be

stricter

than

EPA’s.

Contact

your

state

or

local

environmental

agency

to

determine

your

best

course

of

action.

Mixing

Used

Oil

and

Hazardous

Waste

In

addition

to

EPA’s

used

oil

management

standards,

your

business

may

be

required

to

comply

with

federal

and

state

hazardous

waste

regulations

If

your

used

oil

becomes

contaminated

from

mixing

it

with

hazardous

waste.

If

used

oil

is

mixed

with

hazardous

waste,

it

probably

will

have

to

be

managed

as

a

hazardous

waste.

Hazardous

waste

disposal

is

a

lengthy,

costly,

and

strict

regulatory

process.

The

only

way

to

be

sure

your

used

oil

does

not

become

contaminated

with

hazardous

waste

is

to

store

it

separately

from

all

solvents

and

chemicals

and

not

to

mix

it

with

anything.

How

Should

My

Business

Manage

Used

Oil

Filters?

The

Filter

Manufacturers’

Council

maintains

a

regulatory

hotline

and

database

to

encourage

the

proper

management

of

used

oil

filters.

By

calling

the

hotline

at

800

99-FILTER,

you

can

access

the

proper

management

requirements

for

your

particular

states.

The

database

contains:

•

Overviews

of

federal

and

state

regulations

relevant

to

the

management

of

oil

filters.

•

Addresses

and

phone

numbers

of

the

regulatory

agencies

governing

the

management

of

used

filters

in

each

state.

•

A

listing

of

companies,

by

state,

that

transport,

process,

and

recycle

used

filters.

How

Can

My

Business

Avoid

Costly

Cleanups?

Meeting

the

following

conditions

relieves

service

station

dealers

from

responsibility

for

costly

cleanups

and

liabilities

associated

with

off-site

handling

of

used

oil.

To

meet

these

conditions,

service

stations

must:

1.

Comply

with

the

management

standards

described

above;

2.

Do

not

mix

used

oil

with

any

hazardous

substance;

and

3.

Accept

used

oil

from

Do-it-yourselfers

(DIYs)

and

send

it

for

recycling.

Recommended

Cleanup

Practices

EPA

recommends,

but

does

not

require,

the

following

cleanup

practices

for

used

oil

handlers:

(1)

maximize

the

recovery

of

used

oil;

(2)

minimize

the

generation

of

used

oil

sorbent

waste

by

choosing

reusable

sorbent

materials;

(3)

use

the

spent

sorbent

materials

to

produce

recycled

sorbent

materials;

and

(4)

buy

sorbent

materials

with

recycled

content.

Extraction

devices

(e.g.,

centrifuges,

wringers,

and

compactors)

can

be

used

to

recover

used

oil

from

reusable

sorbent

materials.

Sorbent

pads

can

be

reused

between

two

and

eight

times

depending

on

the

viscosity

of

the

used

oil.

These

technologies,

while

not

required,

can

be

used

to

reduce

the

number

of

sorbent

pads

ultimately

sent

for

remanufacture,

energy

recovery,

or

disposal.

The

potential

to

reduce

waste

and

save

money

(i.e.,

lower

disposal

costs

for

spent

pads

and

lower

per

use

cost

of

sorbent

pads)

by

reusing

and

recycling

sorbent

pads

can

be

substantial.

Managing

Cleanup

Materials

If

you

have

used

oil

on

rags

or

other

sorbent

materials

from

cleaning

up

a

leak

or

spill,

you

should

remove

as

much

of

the

free-flowing

oil

as

possible

and

manage

the

oil

as

you

would

have

before

it

spilled.

Once

the

free-flowing

used

oil

has

been

removed

from

these

materials,

they

are

not

considered

used

oil

and

may

be

managed

as

solid

waste

as

long

as

they

do

not

http://www.epa.gov/osw/conserve/matcrials/usedoil/usedoiLhtm

1

?J1

‘)IC’fl°

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P.25

DEC—15—2008

15:04

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LEGAL

exhibit

a

hazardous

waste

characteristic.

Note,

however,

that

matenals

from

which

used

oil

has

been

removed

continue

to

be

regulated

as

used

oil

if

they

are

to

be

burned

for

energy

recovery

(regardless

of

the

degree

of

removal).

What

Else

Can

My

Business

Do

to

Conserve

Oil?

•

Minimize

the

amount

of

used

oil

you

produce.

The

less

used

oil

that

is

produced

in

the

first

place,

the

less

that

ultimately

has

to

be

handled.

Businesses

can

filter,

separate,

and

recondition

used

oil

to

prolong

its

usable

life.

•

Purchase

re-refined

used

oil

products

instead

of

virgin

oil

products.

Re-refined

oil

works

just

as

well

as

virgin

oil.

Products

that

display

the

American

Petroleum

Institute

(API)

“starburst”

meet

the

same

high-quality

specifications

as

virgin

oil.

Practice

safe

management

of

used

oil.

Don’t

mix

used

oil

with

anything.

Always

store

used

oil

in

leak-proof

containers

that

are

in

secure

areas

safety

away

from

workers

and

the

environment.

Send

used

oil

to

a

re-refiner

whenever

possible.

Document

•

Managing

Used

Oil:

Advice

for

Small

Businesses

(PDF)

(4

pp,

73K,

About

POF)

j

Thxt

Vrsion

(text

file)

http://www.epa.govfosw/conserve/materials/usedoiUusedoil.htm

12/12/2008

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P.26

DEC—15—20

09

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Attachnient

4

http

://www

.epa.gov/osw/conservef

materi

als/usedoil/index,htm

Last

updated

on

Fricia’,

December

12th,

2008.

Wastes

-

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conservation

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