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| ![](medi      | P.O. Box 13966, 10 Laboratory Drive, Research        |
| a/image1.wmf) | Triangle Park, NC 27709-3966 Phone: 919-549-4800     |
|               |                                                      |
|               | Fax: 919-549-4824                                    |
|               | [w                                                   |
|               | ww.filtercouncil.org](http://www.filtercouncil.org/) |
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February 18, 2003

Written Comments to the Environmental Protection Agency regarding:

National Emission Standards for Hazardous Air Pollutants (NESHAP) for

Iron and Steel Foundries (Docket ID No. OAR-2002-0034)

Submitted by:

Brent Hazelett

Executive Director

Filter Manufacturers Council

10 Laboratory Drive

Research Triangle Park, NC 27709

919.406.8809

<bhazelett@mema.org>

The Filter Manufacturers Council is a trade association representing 27
international filter manufacturers and their suppliers. The FMC's
membership consists of almost the entire mobile (passenger cars, heavy
duty trucks, construction, agriculture, marine, etc.) filtration market
in North America. As a trade association, FMC has been very involved
with promoting the recycling of our products over the past decade. In
fact, fully 2/3 of our annual budget goes towards supporting our
environmental initiatives. These initiatives are a major reason why used
automotive oil filter recycling in the United States has climbed from
nearly zero to over 50% in just one decade.

A primary principle the FMC operates by is to support initiatives that
encourage or increase filter recycling, as well as educate consumers
about the importance of recycling our products. We also weigh in on
regulations that could potentially hurt the recycling industry, as we
believe is the case with the proposed regulation OAR-2002-0034. This
regulation will not only adversely impact filter recycling in the United
States, but could also have negative ramifications for the environment
if foundries are no longer a viable end market for used filters.

Evidence that filter recycling will be adversely affected can be found
on page 78303 of the proposed rule. Under "Work Practice Standards" the
rule indicates foundries "must prepare and operate at all times
according to a written plan....which must include....specifications for
incoming scrap including, but not limited to, restrictions on the amount
of free liquids, grease, oils, painted parts, plastic parts..." These
restrictions, specifically on oils and painted parts, relate directly to
used filtration products. In conversations with foundries that currently
incorporate used oil filters in their recycling process, it is clear to
them this rule would make it economically impossible to continue
recycling used filters as scrap. Only when used filters are processed
using pyrolysis (burning) are they free of both oil and paint, and this
process is too expensive for use by foundries.

Used filters can be processed a number of different ways by scrap
processors, ranging from the simplest (crushing or cubing) to the most
expensive and complex (dismantling, shredding or pyrolysis) methods. All
of these methods are currently approved by the EPA for removal of oil
from the filters prior to recycling \[40 CFR 261.4 (b)(13)\]. The most
complex methods are necessary for scrap that is being used by most steel
mills, as they need to ensure the scrap meets higher standards. Their
steel often must be free of all liquids, which requires one of the more
thorough and expensive oil-removing processes for the scrap. For those
filters that are simply crushed or cubed, and therefore containing
higher levels (but still "limited", according to the EPA) of paint and
oil, these steel mills often are not a possible end market. In these
cases, foundries are usually the only viable end market. If this market
no longer exists, we are concerned no end market will be available for
these filters. It would be unfortunate for everyone if the filter
recycling industry took a step backwards and filters that were once
being recycled are now simply thrown away, or worse, tossed in our
nation's lands or waterways.

One foundry in particular, located in Florida, recycles an estimated 18
million oil filters annually. Another 200 million filters are recycled
each year in the U.S., many of which are used by foundries to make steel
products. Competing in the filter recycling industry is extremely tough.
Often companies are forced out of business because they cannot locate a
viable end market for their processed product. Those companies around
the country that are currently sending their processed filters to
foundries will likely lose their only end market.

The Filter Manufacturers Council urges the EPA to look at the entire
picture and weigh the proposal's own admittedly unknown benefits against
the potential harm that may come upon the filter recycling industry, as
well as other scrap industries. Foundries are an enormous user of
otherwise "undesirable" scrap, often times the only user. If they can't
use the scrap economically, then no one will. If paints and oils must be
limited by this proposed regulation, we urge the EPA to consider using
language that will be favorable to the filter recycling industry.

Thank you for considering our comments on this issue.