UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON, D.C . 20460 

JAN - 7 2011 

The Honorable Bill Owens 

U.S . House of Representatives 

Washington, D.C. 20515 

Dear Congressman Owens: 

OFFICE OF 

SOLID WASTE AND 

EMERGENCY RESPONSE 

Thank you for your letter of December 7, 2010, to U.S . Environmental Protection 

Agency (EPA) Administrator Lisa P. Jackson, regarding EPA's proposed rule, "Identification of 

Non-Hazardous Secondary Materials that are Solid Waste." In your letter, you express concerns 

that the rule may seriously impact the current used oil management system and could have 

unintended negative consequences. I appreciate your interest in these important issues, and want 

to assure you that EPA shares your interests in continuing the legitimate recycling of used oil. 

Used oil is one of many non-hazardous materials discussed in the proposed rule . The 

preamble to the proposed rule specifically discussed used oil that meets on-specification criteria 

under the 40 CFR Part 279 management standards, as well as the management standards for offspecification used oil that does not meet those standards . Under the proposal, on-specification 

used oil is considered to be a traditional fuel . Traditional fuels, in the proposal, are considered 

those fuels that have been historically managed as valuable fuel products rather than being 

managed as waste materials, and are not considered to be solid wastes under the proposed rule . 

Thus, on-specification used oil would not be considered a solid waste when burned as a fuel 

under the proposed rule and would be subject to the section 112 Clean Air Act (CAA) standards . 

Off-specification used oil is considered a solid waste under the proposed rule, and 

combustion units burning off-specification used oil would be subject to the appropriate standards 

under section 129 of the CAA for solid waste incinerators . This proposed approach would 

provide an additional measure of control to address the higher level of contaminants that could 

be present in off-specification used oil . The proposed rule also indicated that off-specification 

used oil that is processed into on-specification used oil would not be considered a solid waste. 

The definition of processing includes the blending of off-specification used oil with virgin fuel 

products or on-specification used oil. 

The Resource Conservation and Recovery Act (RCRA) and the regulations that have 

been promulgated in 40 CFR Part 279 ensure that used oil that is recycled is done so in a manner 

that protects human health and the environment. Your letter also states that small businesses will 

be unwilling to incur the cost of testing oil. However, the proposed rule does not require testing 

for generators of used oil, nor does the used oil management standards promulgated under 40 

CFR Part 279 require such testing. Rather, generators of used oil, including those that collect 

used oil for do-it-yourself oil changers, can use other information, such as existing data or 

process knowledge, to determine whether or not the used oil they generate would be considered 

on-specification or off-specification . 

Internet Address (URL) * http ://www.epa .gov 

Recycled/Recyclable 0 Printed with Vegetable Oil Based Inks on 100% Postconsurner, Process Chlorine Free Recycled Paper 
Again, thank you for your letter . We are continuing to evaluate all of the comments we 

received on the proposed rule. If you have further questions, please contact me or have your 

staff contact Raquel Snyder, in the Office of Congressional and Intergovernmental Relations, at 

(202) 564-9586. 

Sincerely, 

4, "~j 4 ~ 

Mathy Stanislaus 

Assistant Administrator 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON, D.C . 20460 

JAN ` 7 2011 

The Honorable Jim Moran 

U.S . House of Representatives 

Washington, D.C. 20515 

Dear Congressman Moran : 

OFFICE OF 

SOLID WASTE AND 

EMERGENCY RESPONSE 

Thank you for your letter of December 7, 2010, to U.S . Environmental Protection 

Agency (EPA) Administrator Lisa P. Jackson, regarding EPA's proposed rule, "Identification of 

Non-Hazardous Secondary Materials that are Solid Waste ." In your letter, you express concerns 

that the rule may seriously impact the current used oil management system and could have 

unintended negative consequences. I appreciate your interest in these important issues, and want 

to assure you that EPA shares your interests in continuing the legitimate recycling of used oil. 

Used oil is one of many non-hazardous materials discussed in the proposed rule. The 

preamble to the proposed rule specifically discussed used oil that meets on-specification criteria 

under the 40 CFR Part 279 management standards, as well as the management standards for offspecification used oil that does not meet those standards. Under the proposal, on-specification 

used oil is considered to be a traditional fuel . Traditional fuels, in the proposal, are considered 

those fuels that have been historically managed as valuable fuel products rather than being 

managed as waste materials, and are not considered to be solid wastes under the proposed rule . 

Thus, on-specification used oil would not be considered a solid waste when burned as a fuel 

under the proposed rule and would be subject to the section 112 Clean Air Act (CAA) standards. 

Off-specification used oil is considered a solid waste under the proposed rule, and 

combustion units burning off-specification used oil would be subject to the appropriate standards 

under section 129 of the CAA for solid waste incinerators . This proposed approach would 

provide an additional measure of control to address the higher level of contaminants that could 

be present in off-specification used oil . The proposed rule also indicated that off-specification 

used oil that is processed into on-specification used oil would not be considered a solid waste. 

The definition of processing includes the blending of off-specification used oil with virgin fuel 

products or on-specification used oil. 

The Resource Conservation and Recovery Act (RCRA) and the regulations that have 

been promulgated in 40 CFR Part 279 ensure that used oil that is recycled is done so in a manner 

that protects human health and the environment. Your letter also states that small businesses will 

be unwilling to incur the cost of testing oil. However, the proposed rule does not require testing 

for generators of used oil, nor does the used oil management standards promulgated under 40 

CFR Part 279 require such testing. Rather, generators of used oil, including those that collect 

used oil for do-it-yourself oil changers, can use other information, such as existing data or 

process knowledge, to determine whether or not the used oil they generate would be considered 

on-specification or off-specification . 

Internet Address (URL) e http ://www .epa .gov 

Recycled/Recyclable e Printed with Vegetable Oil Based Inks on 100% Postconsumer, Process Chlorine Free Recycled Paper 
Again, thank you for your letter . We are continuing to evaluate all of the comments we 

received on the proposed rule . If you have further questions, please contact me or have your 

staff contact Raquel Snyder, in the Office of Congressional and Intergovernmental Relations, at 

(202) 564-9586 . 

Sincerely, 

-is A.- 5j &r ~ "_ 

Mathy Stanislaus 

Assistant Administrator 
J~~SED STqT~s 

i 3 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON, D.C. 20460 

.Z 

w 

Q 

z 

4~1 I-l" qt PROSJAN ® (1 2011 

The Honorable Elton Gallegly 

U.S . House of Representatives 

Washington, D.C. 20515 

Dear Congressman Gallegly: 

OFFICE OF 

SOLID WASTE AND 

EMERGENCY RESPONSE 

Thank you for your letter of December 7, 2010, to U.S. Environmental Protection 

Agency (EPA) Administrator Lisa P. Jackson, regarding EPA's proposed rule, "Identification of 

Non-Hazardous Secondary Materials that are Solid Waste." In your letter, you express concerns 

that the rule may seriously impact the current used oil management system and could have 

unintended negative consequences. I appreciate your interest in these important issues, and want 

to assure you that EPA shares your interests in continuing the legitimate recycling of used oil . 

Used oil is one of many non-hazardous materials discussed in the proposed rule . The 

preamble to the proposed rule specifically discussed used oil that meets on-specification criteria 

under the 40 CFR Part 279 management standards, as well as the management standards for offspecification used oil that does not meet those standards. Under the proposal, on-specification 

used oil is considered to be a traditional fuel . Traditional fuels, in the proposal, are considered 

those fuels that have been historically managed as valuable fuel products rather than being 

managed as waste materials, and are not considered to be solid wastes under the proposed rule . 

Thus, on-specification used oil would not be considered a solid waste when burned as a fuel 

under the proposed rule and would be subject to the section 112 Clean Air Act (CAA) standards . 

Off-specification used oil is considered a solid waste under the proposed rule, and 

combustion units burning off-specification used oil would be subject to the appropriate standards 

under section 129 of the CAA for solid waste incinerators . This proposed approach would 

provide an additional measure of control to address the higher level of contaminants that could 

be present in off-specification used oil. The proposed rule also indicated that off-specification 

used oil that is processed into on-specification used oil would not be considered a solid waste. 

The definition of processing includes the blending of off-specification used oil with virgin fuel 

products or on-specification used oil. 

The Resource Conservation and Recovery Act (RCRA) and the regulations that have 

been promulgated in 40 CFR Part 279 ensure that used oil that is recycled is done so in a manner 

that protects human health and the environment. Your letter also states that small businesses will 

be unwilling to incur the cost of testing oil. However, the proposed rule does not require testing 

for generators of used oil, nor does the used oil management standards promulgated under 40 

CFR Part 279 require such testing. Rather, generators of used oil, including those that collect 

used oil for do-it-yourself oil changers, can use other information, such as existing data or 

process knowledge, to determine whether or not the used oil they generate would be considered 

on-specification or off-specification . 

Internet Address (DRL) 0 http://www.epa .gov 

Recycled/Recyclable * Printed with Vegetable Oil Based Inks on 100% Postconsumer, Process Chlorine Free Recycled Paper 
Again, thank you for your letter. We are continuing to evaluate all of the comments we 

received on the proposed rule. If you have further questions, please contact me or have your 

staff contact Raquel Snyder, in the Office of Congressional and Intergovernmental Relations, at 

(202) 564-9586. 

Sincerely, 

)~2 

Mathy Stanislaus 

Assistant Administrator 
J~~SED STqJ.cc`p 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON, D.C. 20460 

JAN - 7 2011 

The Honorable Bill Posey 

U.S . House of Representatives 

Washington, D.C . 20515 

Dear Congressman Posey: 

OFFICE OF 

SOLID WASTE AND 

EMERGENCY RESPONSE 

Thank you for your letter of December 7, 2010, to U.S . Environmental Protection 

Agency (EPA) Administrator Lisa P. Jackson, regarding EPA's proposed rule, "Identification of 

Non-Hazardous Secondary Materials that are Solid Waste." In your letter, you express concerns 

that the rule may seriously impact the current used oil management system and could have 

unintended negative consequences. I appreciate your interest in these important issues, and want 

to assure you that EPA shares your interests in continuing the legitimate recycling of used oil . 

Used oil is one of many non-hazardous materials discussed in the proposed rule . The 

preamble to the proposed rule specifically discussed used oil that meets on-specification criteria 

under the 40 CFR Part 279 management standards, as well as the management standards for offspecification used oil that does not meet those standards. Under the proposal, on-specification 

used oil is considered to be a traditional fuel . Traditional fuels, in the proposal, are considered 

those fuels that have been historically managed as valuable fuel products rather than being 

managed as waste materials, and are not considered to be solid wastes under the proposed rule . 

Thus, on-specification used oil would not be considered a solid waste when burned as a fuel 

under the proposed rule and would be subject to the section 112 Clean Air Act (CAA) standards. 

Off-specification used oil is considered a solid waste under the proposed rule, and 

combustion units burning off-specification used oil would be subject to the appropriate standards 

under section 129 of the CAA for solid waste incinerators . This proposed approach would 

provide an additional measure of control to address the higher level of contaminants that could 

be present in off-specification used oil. The proposed rule also indicated that off-specification 

used oil that is processed into on-specification used oil would not be considered a solid waste. 

The definition of processing includes the blending of off-specification used oil with virgin fuel 

products or on-specification used oil. 

The Resource Conservation and Recovery Act (RCRA) and the regulations that have 

been promulgated in 40 CFR Part 279 ensure that used oil that is recycled is done so in a manner 

that protects human health and the environment. Your letter also states that small businesses will 

be unwilling to incur the cost of testing oil. However, the proposed rule does not require testing 

for generators of used oil, nor does the used oil management standards promulgated under 40 

CFR Part 279 require such testing. Rather, generators of used oil, including those that collect 

used oil for do-it-yourself oil changers, can use other information, such as existing data or 

process knowledge, to determine whether or not the used oil they generate would be considered 

on-specification or off-specification . 

Internet Address (URL) * http://www.epa .gov 

Recycled/Recyclable * Printed with Vegetable Oil Based Inks on 100% Postconsumer, Process Chlorine Free Recycled Paper 
Again, thank you for your letter . We are continuing to evaluate all of the comments we 

received on the proposed rule . If you have further questions, please contact me or have your 

staff contact Raquel Snyder, in the Office of Congressional and Intergovernmental Relations, at 

(202) 564-9586. 

Sincerely, A,Stx~e1~ 

Mathy Stanislaus 

Assistant Administrator 
J01EO srqr~s 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON, D.C. 20460 

JAN - 7 1011 

The Honorable Mike Rogers 

U.S . House of Representatives 

Washington, D.C . 20515 

Dear Congressman Rogers: 

OFFICE OF 

SOLID WASTE AND 

EMERGENCY RESPONSE 

Thank you for your letter of December 7, 2010, to U.S . Environmental Protection 

Agency (EPA) Administrator Lisa P. Jackson, regarding EPA's proposed rule, "Identification of 

Non-Hazardous Secondary Materials that are Solid Waste." In your letter, you express concerns 

that the rule may seriously impact the current used oil management system and could have 

unintended negative consequences. I appreciate your interest in these important issues, and want 

to assure you that EPA shares your interests in continuing the legitimate recycling of used oil . 

Used oil is one of many non-hazardous materials discussed in the proposed rule . The 

preamble to the proposed rule specifically discussed used oil that meets on-specification criteria 

under the 40 CFR Part 279 management standards, as well as the management standards for offspecification used oil that does not meet those standards . Under the proposal, on-specification 

used oil is considered to be a traditional fuel . Traditional fuels, in the proposal, are considered 

those fuels that have been historically managed as valuable fuel products rather than being 

managed as waste materials, and are not considered to be solid wastes under the proposed rule . 

Thus, on-specification used oil would not be considered a solid waste when burned as a fuel 

under the proposed rule and would be subject to the section 112 Clean Air Act (CAA) standards. 

Off-specification used oil is considered a solid waste under the proposed rule, and 

combustion units burning off-specification used oil would be subject to the appropriate standards 

under section 129 of the CAA for solid waste incinerators . This proposed approach would 

provide an additional measure of control to address the higher level of contaminants that could 

be present in off-specification used oil. The proposed rule also indicated that off-specification 

used oil that is processed into on-specification used oil would not be considered a solid waste. 

The definition of processing includes the blending of off-specification used oil with virgin fuel 

products or on-specification used oil . 

The Resource Conservation and Recovery Act (RCRA) and the regulations that have 

been promulgated in 40 CFR Part 279 ensure that used oil that is recycled is done so in a manner 

that protects human health and the environment. Your letter also states that small businesses will 

be unwilling to incur the cost of testing oil . However, the proposed rule does not require testing 

for generators of used oil, nor does the used oil management standards promulgated under 40 

CFR Part 279 require such testing . Rather, generators of used oil, including those that collect 

used oil for do-it-yourself oil changers, can use other information, such as existing data or 

process knowledge, to determine whether or not the used oil they generate would be considered 

on-specification or off-specification . 

Internet Address (URL) 0 http ://www .epa .gov 

Recycled/Recyclable * Printed with Vegetable Oil Based Inks on 100% Postconsumer, Process Chlorine Free Recycled Paper 
Again, thank you for your letter . We are continuing to evaluate all of the comments we 

received on the proposed rule . If you have further questions, please contact me or have your 

staff contact Raquel Snyder, in the Office of Congressional and Intergovernmental Relations, at 

(202) 564-9586. 

Sincerely, 

~ o- :~-2~c C~` 

r 

Mathy Stanislaus 

Assistant Administrator 
J~~~EO srqT~s 

z~A~0 

i 

3 

z w 

e 

2 

qt PROW 

The Honorable Pete Olson 

U.S . House of Representatives 

Washington, D.C. 20515 

Dear Congressman Olson: 

OFFICE OF 

SOLID WASTE AND 

EMERGENCY RESPONSE 

Thank you for your letter of December 7, 2010, to U.S . Environmental Protection 

Agency (EPA) Administrator Lisa P. Jackson, regarding EPA's proposed rule, "Identification of 

Non-Hazardous Secondary Materials that are Solid Waste." In your letter, you express concerns 

that the rule may seriously impact the current used oil management system and could have 

unintended negative consequences . I appreciate your interest in these important issues, and want 

to assure you that EPA shares your interests in continuing the legitimate recycling of used oil. 

Used oil is one of many non-hazardous materials discussed in the proposed rule . The 

preamble to the proposed rule specifically discussed used oil that meets on-specification criteria 

under the 40 CFR Part 279 management standards, as well as the management standards for offspecification used oil that does not meet those standards. Under the proposal, on-specification 

used oil is considered to be a traditional fuel . Traditional fuels, in the proposal, are considered 

those fuels that have been historically managed as valuable fuel products rather than being 

managed as waste materials, and are not considered to be solid wastes under the proposed rule . 

Thus, on-specification used oil would not be considered a solid waste when burned as a fuel 

under the proposed rule and would be subject to the section 112 Clean Air Act (CAA) standards. 

Off-specification used oil is considered a solid waste under the proposed rule, and 

combustion units burning off-specification used oil would be subject to the appropriate standards 

under section 129 of the CAA for solid waste incinerators . This proposed approach would 

provide an additional measure of control to address the higher level of contaminants that could 

be present in off-specification used oil. The proposed rule also indicated that off-specification 

used oil that is processed into on-specification used oil would not be considered a solid waste . 

The definition of processing includes the blending of off-specification used oil with virgin fuel 

products or on-specification used oil. 

The Resource Conservation and Recovery Act (RCRA) and the regulations that have 

been promulgated in 40 CFR Part 279 ensure that used oil that is recycled is done so in a manner 

that protects human health and the environment. Your letter also states that small businesses will 

be unwilling to incur the cost of testing oil. However, the proposed rule does not require testing 

for generators of used oil, nor does the used oil management standards promulgated under 40 

CFR Part 279 require such testing. Rather, generators of used oil, including those that collect 

used oil for do-it-yourself oil changers, can use other information, such as existing data or 

process knowledge, to determine whether or not the used oil they generate would be considered 

on-specification or off-specification . 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON, D.C. 20460 

JAN °~ 7 2011 

Internet Address (URL) 9 http ://www .epa .gov 

Recycled/Recyclable e Printed with Vegetable Oil Based Inks on 100% Postconsumer, Process Chlorine Free Recycled Paper 
Again, thank you for your letter . We are continuing to evaluate all of the comments we 

received on the proposed rule. If you have further questions, please contact me or have your 

staff contact Raquel Snyder, in the Office of Congressional and Intergovernmental Relations, at 

(202) 564-9586. 

Sincerely, 

A~ k-LMathy Stanislaus 

Assistant Administrator 
J~~~EO srqr~s 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

o Q WASHINGTON, D .C . 20460 

~11~~0 

Z~~~lq4 PROt~G~ _ 

JAN - 7 2011 

The Honorable Wally Herger 

U.S . House of Representatives 

Washington, D.C. 20515 

OFFICE OF 

SOLID WASTE AND 

EMERGENCY RESPONSE 

Dear Congressman Herger: 

Thank you for your letter of December 7, 2010, to U.S . Environmental Protection 

Agency (EPA) Administrator Lisa P. Jackson, regarding EPA's proposed rule, "Identification of 

Non-Hazardous Secondary Materials that are Solid Waste." In your letter, you express concerns 

that the rule may seriously impact the current used oil management system and could have 

unintended negative consequences. I appreciate your interest in these important issues, and want 

to assure you that EPA shares your interests in continuing the legitimate recycling of used oil. 

Used oil is one of many non-hazardous materials discussed in the proposed rule . The 

preamble to the proposed rule specifically discussed used oil that meets on-specification criteria 

under the 40 CFR Part 279 management standards, as well as the management standards for offspecification used oil that does not meet those standards. Under the proposal, on-specification 

used oil is considered to be a traditional fuel . Traditional fuels, in the proposal, are considered 

those fuels that have been historically managed as valuable fuel products rather than being 

managed as waste materials, and are not considered to be solid wastes under the proposed rule . 

Thus, on-specification used oil would not be considered a solid waste when burned as a fuel 

under the proposed rule and would be subject to the section 112 Clean Air Act (CAA) standards. 

Off-specification used oil is considered a solid waste under the proposed rule, and 

combustion units burning off-specification used oil would be subject to the appropriate standards 

under section 129 of the CAA for solid waste incinerators . This proposed approach would 

provide an additional measure of control to address the higher level of contaminants that could 

be present in off-specification used oil . The proposed rule also indicated that off-specification 

used oil that is processed into on-specification used oil would not be considered a solid waste. 

The definition of processing includes the blending of off-specification used oil with virgin fuel 

products or on-specification used oil. 

The Resource Conservation and Recovery Act (RCRA) and the regulations that have 

been promulgated in 40 CFR Part 279 ensure that used oil that is recycled is done so in a manner 

that protects human health and the environment. Your letter also states that small businesses will 

be unwilling to incur the cost of testing oil . However, the proposed rule does not require testing 

for generators of used oil, nor does the used oil management standards promulgated under 40 

CFR Part 279 require such testing. Rather, generators of used oil, including those that collect 

used oil for do-it-yourself oil changers, can use other information, such as existing data or 

process knowledge, to determine whether or not the used oil they generate would be considered 

on-specification or off-specification . 

Internet Address (URL) * http://www.epa .gov 

Recycled/Recyclable * Printed with Vegetable Oil Based Inks on 100% Postconsumer, Process Chlorine Free Recycled Paper 
Again, thank you for your letter . We are continuing to evaluate all of the comments we 

received on the proposed rule . If you have further questions, please contact me or have your 

staff contact Raquel Snyder, in the Office of Congressional and Intergovernmental Relations, at 

(202) 564-9586. 

Sincerely, 

-1 s~~ ~ ~ 

Mathy Stanislaus 

Assistant Administrator 
J~'1ED ST,q,, 

S 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

`" WASHINGTON, D.C. 20460 

JAN - 7 2011 

The Honorable Todd Platts 

U.S . House of Representatives 

Washington, D.C. 20515 

OFFICE OF 

SOLID WASTE AND 

EMERGENCY RESPONSE 

Dear Congressman Platts : 

Thank you for your letter of December 7, 2010, to U.S . Environmental Protection 

Agency (EPA) Administrator Lisa P. Jackson, regarding EPA's proposed rule, "Identification of 

Non-Hazardous Secondary Materials that are Solid Waste." In your letter, you express concerns 

that the rule may seriously impact the current used oil management system and could have 

unintended negative consequences. I appreciate your interest in these important issues, and want 

to assure you that EPA shares your interests in continuing the legitimate recycling of used oil . 

Used oil is one of many non-hazardous materials discussed in the proposed rule . The 

preamble to the proposed rule specifically discussed used oil that meets on-specification criteria 

under the 40 CFR Part 279 management standards, as well as the management standards for offspecification used oil that does not meet those standards. Under the proposal, on-specification 

used oil is considered to be a traditional fuel . Traditional fuels, in the proposal, are considered 

those fuels that have been historically managed as valuable fuel products rather than being 

managed as waste materials, and are not considered to be solid wastes under the proposed rule . 

Thus, on-specification used oil would not be considered a solid waste when burned as a fuel 

under the proposed rule and would be subject to the section 112 Clean Air Act (CAA) standards . 

Off-specification used oil is considered a solid waste under the proposed rule, and 

combustion units burning off-specification used oil would be subject to the appropriate standards 

under section 129 of the CAA for solid waste incinerators . This proposed approach would 

provide an additional measure of control to address the higher level of contaminants that could 

be present in off-specification used oil. The proposed rule also indicated that off-specification 

used oil that is processed into on-specification used oil would not be considered a solid waste. 

The definition of processing includes the blending of off-specification used oil with virgin fuel 

products or on-specification used oil. 

The Resource Conservation and Recovery Act (RCRA) and the regulations that have 

been promulgated in 40 CFR Part 279 ensure that used oil that is recycled is done so in a manner 

that protects human health and the environment. Your letter also states that small businesses will 

be unwilling to incur the cost of testing oil . However, the proposed rule does not require testing 

for generators of used oil, nor does the used oil management standards promulgated under 40 

CFR Part 279 require such testing. Rather, generators of used oil, including those that collect 

used oil for do-it-yourself oil changers, can use other information, such as existing data or 

process knowledge, to determine whether or not the used oil they generate would be considered 

on-specification or off-specification . 

Internet Address (URL) * http ://www .epa .gov 

Recycled/Recyclable * Printed with Vegetable Oil Based Inks on 100% Postconsumer, Process Chlorine Free Recycled Paper 
Again, thank you for your letter . We are continuing to evaluate all of the comments we 

received on the proposed rule. If you have further questions, please contact me or have your 

staff contact Raquel Snyder, in the Office of Congressional and Intergovernmental Relations, at 

(202) 564-9586. 

Sincerely, 

-PASw 

Mathy Stanislaus 

Assistant Administrator 
J~~ZED STqT~s 

z A z ~1 w 

" c5 

e 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON, D.C . 20460 

JAN - a 2011 

The Honorable John Duncan 

U.S . House of Representatives 

Washington, D.C. 20515 

Dear Congressman Duncan: 

OFFICE OF 

SOLID WASTE AND 

EMERGENCY RESPONSE 

Thank you for your letter of December 7, 2010, to U.S. Environmental Protection 

Agency (EPA) Administrator Lisa P. Jackson, regarding EPA's proposed rule, "Identification of 

Non-Hazardous Secondary Materials that are Solid Waste." In your letter, you express concerns 

that the rule may seriously impact the current used oil management system and could have 

unintended negative consequences. I appreciate your interest in these important issues, and want 

to assure you that EPA shares your interests in continuing the legitimate recycling of used oil . 

Used oil is one of many non-hazardous materials discussed in the proposed rule . The 

preamble to the proposed rule specifically discussed used oil that meets on-specification criteria 

under the 40 CFR Part 279 management standards, as well as the management standards for offspecification used oil that does not meet those standards. Under the proposal, on-specification 

used oil is considered to be a traditional fuel . Traditional fuels, in the proposal, are considered 

those fuels that have been historically managed as valuable fuel products rather than being 

managed as waste materials, and are not considered to be solid wastes under the proposed rule . 

Thus, on-specification used oil would not be considered a solid waste when burned as a fuel 

under the proposed rule and would be subject to the section 112 Clean Air Act (CAA) standards. 

Off-specification used oil is considered a solid waste under the proposed rule, and 

combustion units burning off-specification used oil would be subject to the appropriate standards 

under section 129 of the CAA for solid waste incinerators . This proposed approach would 

provide an additional measure of control to address the higher level of contaminants that could 

be present in off-specification used oil. The proposed rule also indicated that off-specification 

used oil that is processed into on-specification used oil would not be considered a solid waste. 

The definition of processing includes the blending of off-specification used oil with virgin fuel 

products or on-specification used oil. 

The Resource Conservation and Recovery Act (RCRA) and the regulations that have 

been promulgated in 40 CFR Part 279 ensure that used oil that is recycled is done so in a manner 

that protects human health and the environment. Your letter also states that small businesses will 

be unwilling to incur the cost of testing oil. However, the proposed rule does not require testing 

for generators of used oil, nor does the used oil management standards promulgated under 40 

CFR Part 279 require such testing. Rather, generators of used oil, including those that collect 

used oil for do-it-yourself oil changers, can use other information, such as existing data or 

process knowledge, to determine whether or not the used oil they generate would be considered 

on-specification or off-specification . 

Internet Address (URL) e http ://www .epa .gov 

Recycled/Recyclable 9 Printed with Vegetable Oil Based Inks on 100% Postconsumer, Process Chlorine Free Recycled Paper 
Again, thank you for your letter . We are continuing to evaluate all of the comments we 

received on the proposed rule . If you have further questions, please contact me or have your 

staff contact Raquel Snyder, in the Office of Congressional and Intergovernmental Relations, at 

(202) 564-9586 . 

Sincerely, 

& s0-A-R A4- ft, 

Mathy Stanislaus 

Assistant Administrator 
J ~, ~ED STqJ.~S 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON, D.C. 20460 

JAN - 7 2011 

The Honorable Michael Conaway 

U.S . House of Representatives 

Washington, D.C . 20515 

Dear Congressman Conaway: 

OFFICE OF 

SOLID WASTE AND 

EMERGENCY RESPONSE 

Thank you for your letter of December 7, 2010, to U.S. Environmental Protection 

Agency (EPA) Administrator Lisa P. Jackson, regarding EPA's proposed rule, "Identification of 

Non-Hazardous Secondary Materials that are Solid Waste." In your letter, you express concerns 

that the rule may seriously impact the current used oil management system and could have 

unintended negative consequences . I appreciate your interest in these important issues, and want 

to assure you that EPA shares your interests in continuing the legitimate recycling of used oil. 

Used oil is one of many non-hazardous materials discussed in the proposed rule . The 

preamble to the proposed rule specifically discussed used oil that meets on-specification criteria 

under the 40 CFR Part 279 management standards, as well as the management standards for offspecification used oil that does not meet those standards. Under the proposal, on-specification 

used oil is considered to be a traditional fuel . Traditional fuels, in the proposal, are considered 

those fuels that have been historically managed as valuable fuel products rather than being 

managed as waste materials, and are not considered to be solid wastes under the proposed rule . 

Thus, on-specification used oil would not be considered a solid waste when burned as a fuel 

under the proposed rule and would be subject to the section 112 Clean Air Act (CAA) standards. 

Off-specification used oil is considered a solid waste under the proposed rule, and 

combustion units burning off-specification used oil would be subject to the appropriate standards 

under section 129 of the CAA for solid waste incinerators . This proposed approach would 

provide an additional measure of control to address the higher level of contaminants that could 

be present in off-specification used oil. The proposed rule also indicated that off-specification 

used oil that is processed into on-specification used oil would not be considered a solid waste. 

The definition of processing includes the blending of off-specification used oil with virgin fuel 

products or on-specification used oil . 

The Resource Conservation and Recovery Act (RCRA) and the regulations that have 

been promulgated in 40 CFR Part 279 ensure that used oil that is recycled is done so in a manner 

that protects human health and the environment. Your letter also states that small businesses will 

be unwilling to incur the cost of testing oil. However, the proposed rule does not require testing 

for generators of used oil, nor does the used oil management standards promulgated under 40 

CFR Part 279 require such testing. Rather, generators of used oil, including those that collect 

used oil for do-it-yourself oil changers, can use other information, such as existing data or 

process knowledge, to determine whether or not the used oil they generate would be considered 

on-specification or off-specification . 

Internet Address (URL) * http ://www .epa .gov 

Recycled/Recyclable 0 Printed with Vegetable Oil Based Inks on 1001 Postconsumer, Process Chlorine Free Recycled Paper 
Again, thank you for your letter . We are continuing to evaluate all of the comments we 

received on the proposed rule . If you have further questions, please contact me or have your 

staff contact Raquel Snyder, in the Office of Congressional and Intergovernmental Relations, at 

(202) 564-9586 . 

Sincerely, 

35, Cl- ~j 

Mathy Stanislaus 

Assistant Administrator 
J~~SED STqT~S 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON, D .C . 20460 

JAN -7 2011 

The Honorable Jim Cooper 

U.S . House of Representatives 

Washington, D.C. 20515 

Dear Congressman Cooper: 

OFFICE OF 

SOLID WASTE AND 

EMERGENCY RESPONSE 

Thank you for your letter of December 7, 2010, to U.S. Environmental Protection 

Agency (EPA) Administrator Lisa P. Jackson, regarding EPA's proposed rule, "Identification of 

Non-Hazardous Secondary Materials that are Solid Waste." In your letter, you express concerns 

that the rule may seriously impact the current used oil management system and could have 

unintended negative consequences . I appreciate your interest in these important issues, and want 

to assure you that EPA shares your interests in continuing the legitimate recycling of used oil. 

Used oil is one of many non-hazardous materials discussed in the proposed rule . The 

preamble to the proposed rule specifically discussed used oil that meets on-specification criteria 

under the 40 CFR Part 279 management standards, as well as the management standards for off= 

specification used oil that does not meet those standards. Under the proposal, on-specification 

used oil is considered to be a traditional fuel . Traditional fuels, in the proposal, are considered 

those fuels that have been historically managed as valuable fuel products rather than being 

managed as waste materials, and are not considered to be solid wastes under the proposed rule . 

Thus, on-specification used oil would not be considered a solid waste when burned as a fuel 

under the proposed rule and would be subject to the section 112 Clean Air Act (CAA) standards. 

Off-specification used oil is considered a solid waste under the proposed rule, and 

combustion units burning off-specification used oil would be subject to the appropriate standards 

under section 129 of the CAA for solid waste incinerators . This proposed approach would 

provide an additional measure of control to address the higher level of contaminants that could 

be present in off-specification used oil. The proposed rule also indicated that off-specification 

used oil that is processed into on-specification used oil would not be considered a solid waste. 

The definition of processing includes the blending of off-specification used oil with virgin fuel 

products or on-specification used oil. 

The Resource Conservation and Recovery Act (RCRA) and the regulations that have 

been promulgated in 40 CFR Part 279 ensure that used oil that is recycled is done so in a manner 

that protects human health and the environment. Your letter also states that small businesses will 

be unwilling to incur the cost of testing oil. However, the proposed rule does not require testing 

for generators of used oil, nor does the used oil management standards promulgated under 40 

CFR Part 279 require such testing. Rather, generators of used oil, including those that collect 

used oil for do-it-yourself oil changers, can use other information, such as existing data or 

process knowledge, to determine whether or not the used oil they generate would be considered 

on-specification or off-specification . 

Internet Address (URL) 0 http ://www .epa .gov 

Recycled/Recyclable 9 Printed with Vegetable Oil Based Inks on 100% Postconsumer, Process Chlorine Free Recycled Paper 
Again, thank you for your letter . We are continuing to evaluate all of the comments we 

received on the proposed rule . If you have further questions, please contact me or have your 

staff contact Raquel Snyder, in the Office of Congressional and Intergovernmental Relations, at 

(202) 564-9586 . 

Sincerely, 

::~s C'- wj-~- ~r" 

Mathy Stanislaus 

Assistant Administrator 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON, D.C. 20460 

JAN - 7 2011 

The Honorable Pete Sessions 

U.S . House of Representatives 

Washington, D.C. 20515 

Dear Congressman Sessions : 

OFFICE OF 

SOLID WASTE AND 

EMERGENCY RESPONSE 

Thank you for your letter of December 7, 2010, to U.S. Environmental Protection 

Agency (EPA) Administrator Lisa P. Jackson, regarding EPA's proposed rule, "Identification of 

Non-Hazardous Secondary Materials that are Solid Waste." In your letter, you express concerns 

that the rule may seriously impact the current used oil management system and could have 

unintended negative consequences. I appreciate your interest in these important issues, and want 

to assure you that EPA shares your interests in continuing the legitimate recycling of used oil. 

Used oil is one of many non-hazardous materials discussed in the proposed rule . The 

preamble to the proposed rule specifically discussed used oil that meets on-specification criteria 

under the 40 CFR Part 279 management standards, as well as the management standards for offspecification used oil that does not meet those standards. Under the proposal, on-specification 

used oil is considered to be a traditional fuel . Traditional fuels, in the proposal, are considered 

those fuels that have been historically managed as valuable fuel products rather than being 

managed as waste materials, and are not considered to be solid wastes under the proposed rule . 

Thus, on-specification used oil would not be considered a solid waste when burned as a fuel 

under the proposed rule and would be subject to the section 112 Clean Air Act (CAA) standards. 

Off specification used oil is considered a solid waste under the proposed rule, and 

combustion units burning off-specification used oil would be subject to the appropriate standards 

under section 129 of the CAA for solid waste incinerators . This proposed approach would 

provide an additional measure of control to address the higher level of contaminants that could 

be present in off-specification used oil. The proposed rule also indicated that off-specification 

used oil that is processed into on-specification used oil would not be considered a solid waste. 

The definition of processing includes the blending of off-specification used oil with virgin fuel 

products or on-specification used oil. 

The Resource Conservation and Recovery Act (RCRA) and the regulations that have 

been promulgated in 40 CFR Part 279 ensure that used oil that is recycled is done so in a manner 

that protects human health and the environment. Your letter also states that small businesses will 

be unwilling to incur the cost of testing oil . However, the proposed rule does not require testing 

for generators of used oil, nor does the used oil management standards promulgated under 40 

CFR Part 279 require such testing. Rather, generators of used oil, including those that collect 

used oil for do-it-yourself oil changers, can use other information, such as existing data or 

process knowledge, to determine whether or not the used oil they generate would be considered 

on-specification or off-specification . 

Internet Address (URL) 0 http ://www .epa .gov 

Recycled/Recyclable e Printed with Vegetable Oil Based Inks on 100% Postconsumer, Process Chlorine Free Recycled Paper 
Again, thank you for your letter . We are continuing to evaluate all of the comments we 

received on the proposed rule . If you have further questions, please contact me or have your 

staff contact Raquel Snyder, in the Office of Congressional and Intergovernmental Relations, at 

(202) 564-9586 . 

Sincerely, 

Mathy Stanislaus 

Assistant Administrator 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON, D.C. 20460 

JAN -° 7 2011 

The Honorable Glenn Thompson 

U.S . House of Representatives 

Washington, D.C . 20515 

Dear Congressman Thompson: 

OFFICE OF 

SOLID WASTE AND 

EMERGENCY RESPONSE 

Thank you for your letter of December 7, 2010, to U.S . Environmental Protection 

Agency (EPA) Administrator Lisa P. Jackson, regarding EPA's proposed rule, "Identification of 

Non-Hazardous Secondary Materials that are Solid Waste." In your letter, you express concerns 

that the rule may seriously impact the current used oil management system and could have 

unintended negative consequences. I appreciate your interest in these important issues, and want 

to assure you that EPA shares your interests in continuing the legitimate recycling of used oil. 

Used oil is one of many non-hazardous materials discussed in the proposed rule . The 

preamble to the proposed rule specifically discussed used oil that meets on-specification criteria 

under the 40 CFR Part 279 management standards, as well as the management standards for offspecification used oil that does not meet those standards. Under the proposal, on-specification 

used oil is considered to be a traditional fuel . Traditional fuels, in the proposal, are considered 

those fuels that have been historically managed as valuable fuel products rather than being 

managed as waste materials, and are not considered to be solid wastes under the proposed rule . 

Thus, on-specification used oil would not be considered a solid waste when burned as a fuel 

under the proposed rule and would be subject to the section 112 Clean Air Act (CAA) standards. 

Off-specification used oil is considered a solid waste under the proposed rule, and 

combustion units burning off-specification used oil would be subject to the appropriate standards 

under section 129 of the CAA for solid waste incinerators . This proposed approach would 

provide an additional measure of control to address the higher level of contaminants that could 

be present in off-specification used oil. The proposed rule also indicated that off-specification 

used oil that is processed into on-specification used oil would not be considered a solid waste . 

The definition of processing includes the blending of off-specification used oil with virgin fuel 

products or on-specification used oil. 

The Resource Conservation and Recovery Act (RCRA) and the regulations that have 

been promulgated in 40 CFR Part 279 ensure that used oil that is recycled is done so in a manner 

that protects human health and the environment. Your letter also states that small businesses will 

be unwilling to incur the cost of testing oil. However, the proposed rule does not require testing 

for generators of used oil, nor does the used oil management standards promulgated under 40 

CFR Part 279 require such testing. Rather, generators of used oil, including those that collect 

used oil for do-it-yourself oil changers, can use other information, such as existing data or 

process knowledge, to determine whether or not the used oil they generate would be considered 

on-specification or off-specification . 

Internet Address (URL) * http ://www.epa .gov 

Recycled/Recyclable 0 Printed with Vegetable Oil Based Inks on 100% Postconsurner, Process Chlorine Free Recycled Paper 
Again, thank you for your letter . We are continuing to evaluate all of the comments we 

received on the proposed rule. If you have further questions, please contact me or have your 

staff contact Raquel Snyder, in the Office of Congressional and Intergovernmental Relations, at 

(202) 564-9586. 

Sincerely, 

FCLMathy Stanislaus 

Assistant Administrator 
"S ,0"SFD Sr,q) .~SS 

A 

rqt PROZ~G 

z 

Q 

02 

The Honorable John Barrow 

U.S . House of Representatives 

Washington, D.C . 20515 

Dear Congressman Barrow: 

OFFICE OF 

SOLID WASTE AND 

EMERGENCY RESPONSE 

Thank you for your letter of December 7, 2010, to U.S . Environmental Protection 

Agency (EPA) Administrator Lisa P. Jackson, regarding EPA's proposed rule, "Identification of 

Non-Hazardous Secondary Materials that are Solid Waste." In your letter, you express concerns 

that the rule may seriously impact the current used oil management system and could have 

unintended negative consequences. I appreciate your interest in these important issues, and want 

to assure you that EPA shares your interests in continuing the legitimate recycling of used oil . 

Used oil is one of many non-hazardous materials discussed in the proposed rule . The 

preamble to the proposed rule specifically discussed used oil that meets on-specification criteria 

under the 40 CFR Part 279 management standards, as well as the management standards for offspecification used oil that does not meet those standards. Under the proposal, on-specification 

used oil is considered to be a traditional fuel . Traditional fuels, in the proposal, are considered 

those fuels that have been historically managed as valuable fuel products rather than being 

managed as waste materials, and are not considered to be solid wastes under the proposed rule . 

Thus, on-specification used oil would not be considered a solid waste when burned as a fuel 

under the proposed rule and would be subject to the section 112 Clean Air Act (CAA) standards . 

Off specification used oil is considered a solid waste under the proposed rule, and 

combustion units burning off-specification used oil would be subject to the appropriate standards 

under section 129 of the CAA for solid waste incinerators . This proposed approach would 

provide an additional measure of control to address the higher level of contaminants that could 

be present in off-specification used oil. The proposed rule also indicated that off-specification 

used oil that is processed into on-specification used oil would not be considered a solid waste. 

The definition of processing includes the blending of off-specification used oil with virgin fuel 

products or on-specification used oil. 

The Resource Conservation and Recovery Act (RCRA) and the regulations that have 

been promulgated in 40 CFR Part 279 ensure that used oil that is recycled is done so in a manner 

that protects human health and the environment. Your letter also states that small businesses will 

be unwilling to incur the cost of testing oil . However, the proposed rule does not require testing 

for generators of used oil, nor does the used oil management standards promulgated under 40 

CFR Part 279 require such testing. Rather, generators of used oil, including those that collect 

used oil for do-it-yourself oil changers, can use other information, such as existing data or 

process knowledge, to determine whether or not the used oil they generate would be considered 

on-specification or off-specification. 

Internet Address (URL) 0 http ://www .epa .gov 

Recycled/Recyclable 9 Printed with Vegetable Oil Based Inks on 100% Postconsumer, Process Chlorine Free Recycled Paper 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON, D.C. 20460 

JAN - 7 2011 
Again, thank you for your letter . We are continuing to evaluate all of the comments we 

received on the proposed rule . If you have further questions, please contact me or have your 

staff contact Raquel Snyder, in the Office of Congressional and Intergovernmental Relations, at 

(202) 564-9586 . 

Sincerely, 

Mathy Stanislaus 

Assistant Administrator 
J,,ISO S%~, s 

2n' A yU UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON, D .C . 20460 

JAN - 7 2011 

w 

Q 

The Honorable Robert Aderholt 

U.S . House of Representatives 

Washington, D.C. 20515 

Dear Congressman Aderholt: 

OFFICE OF 

SOLID WASTE AND 

EMERGENCY RESPONSE 

Thank you for your letter of December 7, 2010, to U.S . Environmental Protection 

Agency (EPA) Administrator Lisa P. Jackson, regarding EPA's proposed rule, "Identification of 

Non-Hazardous Secondary Materials that are Solid Waste." In your letter, you express concerns 

that the rule may seriously impact the current used oil management system and could have 

unintended negative consequences. I appreciate your interest in these important issues, and want 

to assure you that EPA shares your interests in continuing the legitimate recycling of used oil . 

Used oil is one of many non-hazardous materials discussed in the proposed rule . The 

preamble to the proposed rule specifically discussed used oil that meets on-specification criteria 

under the 40 CFR Part 279 management standards, as well as the management standards for offspecification used oil that does not meet those standards. Under the proposal, on-specification 

used oil is considered to be a traditional fuel . Traditional fuels, in the proposal, are considered 

those fuels that have been historically managed as valuable fuel products rather than being 

managed as waste materials, and are not considered to be solid wastes under the proposed rule . 

Thus, on-specification used oil would not be considered a solid waste when burned as a fuel 

under the proposed rule and would be subject to the section 112 Clean Air Act (CAA) standards. 

Off-specification used oil is considered a solid waste under the proposed rule, and 

combustion units burning off-specification used oil would be subject to the appropriate standards 

under section 129 of the CAA for solid waste incinerators . This proposed approach would 

provide an additional measure of control to address the higher level of contaminants that could 

be present in off-specification used oil . The proposed rule also indicated that off-specification 

used oil that is processed into on-specification used oil would not be considered a solid waste . 

The definition of processing includes the blending of off-specification used oil with virgin fuel 

products or on-specification used oil . 

The Resource Conservation and Recovery Act (RCRA) and the regulations that have 

been promulgated in 40 CFR Part 279 ensure that used oil that is recycled is done so in a manner 

that protects human health and the environment. Your letter also states that small businesses will 

be unwilling to incur the cost of testing oil. However, the proposed rule does not require testing 

for generators of used oil, nor does the used oil management standards promulgated under 40 

CFR Part 279 require such testing. Rather, generators of used oil, including those that collect 

used oil for do-it-yourself oil changers, can use other information, such as existing data or 

process knowledge, to determine whether or not the used oil they generate would be considered 

on-specification or off-specification . 

Internet Address (URL) 0 http://www.epa .gov 

Recycled/Recyclable * Printed with Vegetable Oil Based Inks on 100% Postconsumer, Process Chlorine Free Recycled Paper 
Again, thank you for your letter . We are continuing to evaluate all of the comments we 

received on the proposed rule. If you have further questions, please contact me or have your 

staff contact Raquel Snyder, in the Office of Congressional and Intergovernmental Relations, at 

(202) 564-9586. 

Sincerely, 

Mathy Stanislaus 

Assistant Administrator 
JED STqT~S 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

55 lu 

o 

Y, = 2 z 

0 

~~rqt PROT~G~\ 

The Honorable Jim Costa 

U.S . House of Representatives 

Washington, D.C. 20515 

Dear Congressman Costa: 

WASHINGTON, D.C. 20460 

J AN ° 7 2011 

OFFICE OF 

SOLID WASTE AND 

EMERGENCY RESPONSE 

Thank you for your letter of December 7, 2010, to U.S . Environmental Protection 

Agency (EPA) Administrator Lisa P. Jackson, regarding EPA's proposed rule, "Identification of 

Non-Hazardous Secondary Materials that are Solid Waste." In your letter, you express concerns 

that the rule may seriously impact the current used oil management system and could have 

unintended negative consequences. I appreciate your interest in these important issues, and want 

to assure you that EPA shares your interests in continuing the legitimate recycling of used oil . 

on- specification 

Used oil is one of many non-hazardous materials discussed in the proposed rule . The 

preamble to the proposed rule specifically discussed used oil that meets on-specification criteria 

under the 40 CFR Part 279 management standards, as well as the management standards for offspecification used oil that does not meet those standards. Under the proposal, 

used oil is considered to be a traditional fuel . Traditional fuels, in the proposal, are considered 

those fuels that have been historically managed as valuable fuel products rather than being 

managed as waste materials, and are not considered to be solid wastes under the proposed rule . 

Thus, on-specification used oil would not be considered a solid waste when burned as a fuel 

under the proposed rule and would be subject to the section 112 Clean Air Act (CAA) standards. 

Off-specification used oil is considered a solid waste under the proposed rule, and 

combustion units burning off-specification used oil would be subject to the appropriate standards 

under section 129 of the CAA for solid waste incinerators . This proposed approach would 

provide an additional measure of control to address the higher level of contaminants that could 

be present in off-specification used oil. The proposed rule also indicated that off-specification 

used oil that is processed into on-specification used oil would not be considered a solid waste. 

The definition of processing includes the blending of off-specification used oil with virgin fuel 

products or on-specification used oil . 

The Resource Conservation and Recovery Act (RCRA) and the regulations that have 

been promulgated in 40 CFR Part 279 ensure that used oil that is recycled is done so in a manner 

that protects human health and the environment. Your letter also states that small businesses will 

be unwilling to incur the cost of testing oil. However, the proposed rule does not require testing 

for generators of used oil, nor does the used oil management standards promulgated under 40 

CFR Part 279 require such testing . Rather, generators of used oil, including those that collect 

used oil for do-it-yourself oil changers, can use other information, such as existing data or 

process knowledge, to determine whether or not the used oil they generate would be considered 

on-specification or off-specification . 

0 

* 100% 

Internet Address (URL) http ://www.epa .gov 

Recycled/Recyclable Printed with Vegetable Oil Based Inks on Postconsumer. Process Chlorine Free Recycled Paper 
Again, thank you for your letter. We are continuing to evaluate all of the comments we 

received on the proposed rule . If you have further questions, please contact me or have your 

staff contact Raquel Snyder, in the Office of Congressional and Intergovernmental Relations, at 

(202) 564-9586 . 

Sincerely, 

ico U-1 3-Q-tAj- - ~ 

Mathy Stanislaus 

Assistant Administrator 
J~1oEo sr,yl~s 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON, D.C. 20460 

JAN °- 7 2011 

The Honorable Dan Burton 

U.S . House of Representatives 

Washington, D.C. 20515 

Dear Congressman Burton: 

OFFICE OF 

SOLID WASTE AND 

EMERGENCY RESPONSE 

Thank you for your letter of December 7, 2010, to U.S . Environmental Protection 

Agency (EPA) Administrator Lisa P. Jackson, regarding EPA's proposed rule, "Identification of 

Non-Hazardous Secondary Materials that are Solid Waste ." In your letter, you express concerns 

that the rule may seriously impact the current used oil management system and could have 

unintended negative consequences. I appreciate your interest in these important issues, and want 

to assure you that EPA shares your interests in continuing the legitimate recycling of used oil. 

Used oil is one of many non-hazardous materials discussed in the proposed rule . The 

preamble to the proposed rule specifically discussed used oil that meets on-specification criteria 

under the 40 CFR Part 279 management standards, as well as the management standards for offspecification used oil that does not meet those standards. Under the proposal, on-specification 

used oil is considered to be a traditional fuel . Traditional fuels, in the proposal, are considered 

those fuels that have been historically managed as valuable fuel products rather than being 

managed as waste materials, and are not considered to be solid wastes under the proposed rule . 

Thus, on-specification used oil would not be considered a solid waste when burned as a fuel 

under the proposed rule and would be subject to the section 112 Clean Air Act (CAA) standards. 

Off-specification used oil is considered a solid waste under the proposed rule, and 

combustion units burning off-specification used oil would be subject to the appropriate standards 

under section 129 of the CAA for solid waste incinerators . This proposed approach would 

provide an additional measure of control to address the higher level of contaminants that could 

be present in off-specification used oil. The proposed rule also indicated that off-specification 

used oil that is processed into on-specification used oil would not be considered a solid waste . 

The definition of processing includes the blending of off-specification used oil with virgin fuel 

products or on-specification used oil. 

The Resource Conservation and Recovery Act (RCRA) and the regulations that have 

been promulgated in 40 CFR Part 279 ensure that used oil that is recycled is done so in a manner 

that protects human health and the environment. Your letter also states that small businesses will 

be unwilling to incur the cost of testing oil. However, the proposed rule does not require testing 

for generators of used oil, nor does the used oil management standards promulgated under 40 

CFR Part 279 require such testing. Rather, generators of used oil, including those that collect 

used oil for do-it-yourself oil changers, can use other information, such as existing data or 

process knowledge, to determine whether or not the used oil they generate would be considered 

on-specification or off-specification . 

Internet Address (URL) * http ://www .epa .gov 

Recycled/Recyclable * Printed with Vegetable Oil Based Inks on 100% Postconsumer, Process Chlorine Free Recycled Paper 
Again, thank you for your letter . We are continuing to evaluate all of the comments we 

received on the proposed rule. If you have further questions, please contact me or have your 

staff contact Raquel Snyder, in the Office of Congressional and Intergovernmental Relations, at 

(202) 564-9586. 

Sincerely, 

& -5 C'- (~ .Q cu- ~ 

Mathy Stanislaus 

Assistant Administrator 
J~~s~~ srqr~ 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON, D.C. 20460 

JAN ® 7 20 

The Honorable Marsha Blackburn 

U.S . House of Representatives 

Washington, D.C. 20515 

Dear Congresswoman Blackburn: 

OFFICE OF 

SOLID WASTE AND 

EMERGENCY RESPONSE 

Thank you for your letter of December 7, 2010, to U.S . Environmental Protection 

Agency (EPA) Administrator Lisa P. Jackson, regarding EPA's proposed rule, "Identification of 

Non-Hazardous Secondary Materials that are Solid Waste." In your letter, you express concerns 

that the rule may seriously impact the current used oil management system and could have 

unintended negative consequences. I appreciate your interest in these important issues, and want 

to assure you that EPA shares your interests in continuing the legitimate recycling of used oil. 

Used oil is one of many non-hazardous materials discussed in the proposed rule . The 

preamble to the proposed rule specifically discussed used oil that meets on-specification criteria 

under the 40 CFR Part 279 management standards, as well as the management standards for offspecification used oil that does not meet those standards . Under the proposal, on-specification 

used oil is considered to be a traditional fuel . Traditional fuels, in the proposal, are considered 

those fuels that have been historically managed as valuable fuel products rather than being 

managed as waste materials, and are not considered to be solid wastes under the proposed rule . 

Thus, on-specification used oil would not be considered a solid waste when burned as a fuel 

under the proposed rule and would be subject to the section 112 Clean Air Act (CAA) standards. 

Off-specification used oil is considered a solid waste under the proposed rule, and 

combustion units burning off-specification used oil would be subject to the appropriate standards 

under section 129 of the CAA for solid waste incinerators . This proposed approach would 

provide an additional measure of control to address the higher level of contaminants that could 

be present in off-specification used oil. The proposed rule also indicated that off-specification 

used oil that is processed into on-specification used oil would not be considered a solid waste. 

The definition of processing includes the blending of off-specification used oil with virgin fuel 

products or on-specification used oil. 

The Resource Conservation and Recovery Act (RCRA) and the regulations that have 

been promulgated in 40 CFR Part 279 ensure that used oil that is recycled is done so in a manner 

that protects human health and the environment. Your letter also states that small businesses will 

be unwilling to incur the cost of testing oil . However, the proposed rule does not require testing 

for generators of used oil, nor does the used oil management standards promulgated under 40 

CFR Part 279 require such testing. Rather, generators of used oil, including those that collect 

used oil for do-it-yourself oil changers, can use other information, such as existing data or 

process knowledge, to determine whether or not the used oil they generate would be considered 

on-specification or off-specification . 

Internet Address (URL) 0 http ://www .epa .gov 

Recycled/Recyclable * Printed with Vegetable Oil Based Inks on 100% Postconsumer, Process Chlorine Free Recycled Paper 
Again, thank you for your letter . We are continuing to evaluate all of the comments we 

received on the proposed rule . If you have further questions, please contact me or have your 

staff contact Raquel Snyder, in the Office of Congressional and Intergovernmental Relations, at 

(202) 564-9586. 

Sincerely, 

Mathy Stanislaus 

Assistant Administrator 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON, D.C. 20460 

JAN " 7 2011 

The Honorable Frank Wolf 

U.S . House of Representatives 

Washington, D.C. 20515 

Dear Congressman Wolf: 

OFFICE OF 

SOLID WASTE AND 

EMERGENCY RESPONSE 

Thank you for your letter of December 7, 2010, to U.S . Environmental Protection 

Agency (EPA) Administrator Lisa P. Jackson, regarding EPA's proposed rule, "Identification of 

Non-Hazardous Secondary Materials that are Solid Waste." In your letter, you express concerns 

that the rule may seriously impact the current used oil management system and could have 

unintended negative consequences. I appreciate your interest in these important issues, and want 

to assure you that EPA shares your interests in continuing the legitimate recycling of used oil . 

Used oil is one of many non-hazardous materials discussed in the proposed rule . The 

preamble to the proposed rule specifically discussed used oil that meets on-specification criteria 

under the 40 CFR Part 279 management standards, as well as the management standards for offspecification used oil that does not meet those standards . Under the proposal, on-specification 

used oil is considered to be a traditional fuel . Traditional fuels, in the proposal, are considered 

those fuels that have been historically managed as valuable fuel products rather than being 

managed as waste materials, and are not considered to be solid wastes under the proposed rule . 

Thus, on-specification used oil would not be considered a solid waste when burned as a fuel 

under the proposed rule and would be subject to the section 112 Clean Air Act (CAA) standards. 

Off-specification used oil is considered a solid waste under the proposed rule, and 

combustion units burning off-specification used oil would be subject to the appropriate standards 

under section 129 of the CAA for solid waste incinerators . This proposed approach would 

provide an additional measure of control to address the higher level of contaminants that could be present in off-specification used oil. The proposed rule also indicated that off-specification 

used oil that is processed into on-specification used oil would not be considered a solid waste. 

The definition of processing includes the blending of off-specification used oil with virgin fuel 

products or on-specification used oil. 

The Resource Conservation and Recovery Act (RCRA) and the regulations that have 

been promulgated in 40 CFR Part 279 ensure that used oil that is recycled is done so in a manner 

that protects human health and the environment. Your letter also states that small businesses will 

be unwilling to incur the cost of testing oil. However, the proposed rule does not require testing for generators of used oil, nor does the used oil management standards promulgated under 40 

CFR Part 279 require such testing . Rather, generators of used oil, including those that collect 

used oil for do-it-yourself oil changers, can use other information, such as existing data or 

process knowledge, to determine whether or not the used oil they generate would be considered 

on-specification or off-specification . 

Internet Address (URL) 9 http ://www .epa .gov Recycled/Recyclable * Printed with Vegetable Oil Based Inks on 1001 Postconsumer, Process Chlorine Free Recycled Paper 
Again, thank you for your letter. We are continuing to evaluate all of the comments we 

received on the proposed rule . If you have further questions, please contact me or have your 

staff contact Raquel Snyder, in the Office of Congressional and Intergovernmental Relations, at 

(202) 564-9586 . 

Sincerely, 

~sw ~S~ ~ 

Mathy Stanislaus 

Assistant Administrator 
J~~-tED STqT~ 

c~ ~A~/syz 

o \\ // ,,~\'/` Q 

Z?,~2 F ~o 

~Tq~ PROTEGt 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON, D.C . 20460 

JAN ® 

The Honorable Randy Neugebauer 

U.S . House of Representatives 

Washington, D.C . 20515 

Dear Congressman Neugebauer: 

OFFICE OF 

SOLID WASTE AND 

EMERGENCY RESPONSE 

Thank you for your letter of December 7, 2010, to U.S. Environmental Protection Agency (EPA) Administrator Lisa P. Jackson, regarding EPA's proposed rule, "Identification of Non-Hazardous Secondary Materials that are Solid Waste." In your letter, you express concerns that the rule may seriously impact the current used oil management system and could have unintended negative consequences. I appreciate your interest in these important issues, and want to assure you that EPA shares your interests in continuing the legitimate recycling of used oil . 

Used oil is one of many non-hazardous materials discussed in the proposed rule . The preamble to the proposed rule specifically discussed used oil that meets on-specification criteria under the 40 CFR Part 279 management standards, as well as the management standards for off- specification used oil that does not meet those standards. Under the proposal, on-specification used oil is considered to be a traditional fuel . Traditional fuels, in the proposal, are considered those fuels that have been historically managed as valuable fuel products rather than being managed as waste materials, and are not considered to be solid wastes under the proposed rule . Thus, on-specification used oil would not be considered a solid waste when burned as a fuel under the proposed rule and would be subject to the section 112 Clean Air Act (CAA) standards. 

Off-specification used oil is considered a solid waste under the proposed rule, and combustion units burning off-specification used oil would be subject to the appropriate standards under section 129 of the CAA for solid waste incinerators . This proposed approach would provide an additional measure of control to address the higher level of contaminants that could be present in off-specification used oil. The proposed rule also indicated that off-specification used oil that is processed into on-specification used oil would not be considered a solid waste . The definition of processing includes the blending of off-specification used oil with virgin fuel products or on-specification used oil . 

The Resource Conservation and Recovery Act (RCRA) and the regulations that have been promulgated in 40 CFR Part 279 ensure that used oil that is recycled is done so in a manner that protects human health and the environment. Your letter also states that small businesses will be unwilling to incur the cost of testing oil. However, the proposed rule does not require testing for generators of used oil, nor does the used oil management standards promulgated under 40 CFR Part 2.79 require such testing. Rather, generators of used oil, including those that collect used oil for do-it-yourself oil changers, can use other information, such as existing data or 

process knowledge, to determine whether or not the used oil they generate would be considered on-specification or off-specification . 

Internet Address 9 

9 100% 

(URL) http ://www .epa .gov 

Recycled/Recyclable Printed with Vegetable Oil Based Inks on Postconsumer, Process Chlorine Free Recycled Paper 
Again, thank you for your letter. We are continuing to evaluate all of the comments we 

received on the proposed rule . If you have further questions, please contact me or have your 

staff contact Raquel Snyder, in the Office of Congressional and Intergovernmental Relations, at 

(202) 564-9586 . 

Sincerely, 

1-k5 (L-- .JEX-A~ Y~ 

Mathy Stanislaus 

Assistant Administrator 
J~ FS 

~-~IED sTqr 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

r~ Q ' WASHINGTON, D.C. 20460 

2 

JAN - 7 2011 

The Honorable Joseph R. Pitts 

U.S . House of Representatives 

Washington, D.C. 20515 

Dear Congressman Pitts: 

OFFICE OF 

SOLID WASTE AND 

EMERGENCY RESPONSE 

Thank you for your letter of December 7, 2010, to U.S . Environmental Protection 

Agency (EPA) Administrator Lisa P. Jackson, regarding EPA's proposed rule, "Identification of 

Non-Hazardous Secondary Materials that are Solid Waste." In your letter, you express concerns 

that the rule may seriously impact the current used oil management system and could have 

unintended negative consequences . I appreciate your interest in these important issues, and want 

to assure you that EPA shares your interests in continuing the legitimate recycling of used oil. 

Used oil is one of many non-hazardous materials discussed in the proposed rule . The 

preamble to the proposed rule specifically discussed used oil that meets on-specification criteria 

under the 40 CFR Part 279 management standards, as well as the management standards for offspecification used oil that does not meet those standards. Under the proposal, on-specification 

used oil is considered to be a traditional fuel . Traditional fuels, in the proposal, are considered 

those fuels that have been historically managed as valuable fuel products rather than being 

managed as waste materials, and are not considered to be solid wastes under the proposed rule . 

Thus, on-specification used oil would not be considered a solid waste when burned as a fuel 

under the proposed rule and would be subject to the section 112 Clean Air Act (CAA) standards. 

Off-specification used oil is considered a solid waste under the proposed rule, and 

combustion units burning off-specification used oil would be subject to the appropriate standards 

under section 129 of the CAA for solid waste incinerators . This proposed approach would 

provide an additional measure of control to address the higher level of contaminants that could 

be present in off-specification used oil. The proposed rule also indicated that off-specification 

used oil that is processed into on-specification used oil would not be considered a solid waste . 

The definition of processing includes the blending of off-specification used oil with virgin fuel 

products or on-specification used oil . 

The Resource Conservation and Recovery Act (RCRA) and the regulations that have 

been promulgated in 40 CFR Part 279 ensure that used oil that is recycled is done so in a manner 

that protects human health and the environment. Your letter also states that small businesses will 

be unwilling to incur the cost of testing oil. However, the proposed rule does not require testing 

for generators of used oil, nor does the used oil management standards promulgated under 40 

CFR Part 279 require such testing. Rather, generators of used oil, including those that collect 

used oil for do-it-yourself oil changers, can use other information, such as existing data or 

process knowledge, to determine whether or not the used oil they generate would be considered 

on-specification or off-specification . 

Internet Address (URL) e http ://www .epa .gov 

Recycled/Recyclable e Printed with Vegetable Oil Based Inks on 1001 Postconsumer, Process Chlorine Free Recycled Paper 
Again, thank you for your letter . We are continuing to evaluate all of the comments we 

received on the proposed rule. If you have further questions, please contact me or have your 

staff contact Raquel Snyder, in the Office of Congressional and Intergovernmental Relations, at (202) 564-9586. 

Sincerely, 

~-R'5tt- 3d CU-- 

Mathy Stanislaus 

Assistant Administrator 
J~~~ED srqrFs 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON, D.C. 20460 

JAN ® 7 2011 

The Honorable Mike Ross 

U.S . House of Representatives 

Washington, D.C . 20515 

Dear Congressman Ross : 

OFFICE OF 

SOLID WASTE AND 

EMERGENCY RESPONSE 

Thank you for your letter of December 7, 2010, to U.S. Environmental Protection 

Agency (EPA) Administrator Lisa P. Jackson, regarding EPA's proposed rule, "Identification of 

Non-Hazardous Secondary Materials that are Solid Waste." In your letter, you express concerns 

that the rule may seriously impact the current used oil management system and could have 

unintended negative consequences. 1 appreciate your interest in these important issues, and want 

to assure you that EPA shares your interests in continuing the legitimate recycling of used oil . 

Used oil is one of many non-hazardous materials discussed in the proposed rule . The 

preamble to the proposed rule specifically discussed used oil that meets on-specification criteria 

under the 40 CFR Part 279 management standards, as well as the management standards for offspecification used oil that does not meet those standards. Under the proposal, on-specification 

used oil is considered to be a traditional fuel . Traditional fuels, in the proposal, are considered 

those fuels that have been historically managed as valuable fuel products rather than being 

managed as waste materials, and are not considered to be solid wastes under the proposed rule . 

Thus, on-specification used oil would not be considered a solid waste when burned as a fuel 

under the proposed rule and would be subject to the section 112 Clean Air Act (CAA) standards. 

Off-specification used oil is considered a solid waste under the proposed rule, and 

combustion units burning off-specification used oil would be subject to the appropriate standards 

under section 129 of the CAA for solid waste incinerators . This proposed approach would 

provide an additional measure of control to address the higher level of contaminants that could 

be present in off-specification used oil. The proposed rule also indicated that off-specification 

used oil that is processed into on-specification used oil would not be considered a solid waste. 

The definition of processing includes the blending of off-specification used oil with virgin fuel 

products or on-specification used oil. 

The Resource Conservation and Recovery Act (RCRA) and the regulations that have 

been promulgated in 40 CFR Part 279 ensure that used oil that is recycled is done so in a manner 

that protects human health and the environment. Your letter also states that small businesses will 

be unwilling to incur the cost of testing oil. However, the proposed rule does not require testing 

for generators of used oil, nor does the used oil management standards promulgated under 40 

CFR Part 279 require such testing. Rather, generators of used oil, including those that collect 

used oil for do-it-yourself oil changers, can use other information, such as existing data or 

process knowledge, to determine whether or not the used oil they generate would be considered 

on-specification or off-specification . 

Internet Address (URL) 0 http ://www .epa .gov 

Recycled/Recyclable * Printed with Vegetable Oil Based Inks on 100% Postconsumer, Process Chlorine Free Recycled Paper 
Again, thank you for your letter. We are continuing to evaluate all of the comments we 

received on the proposed rule . If you have further questions, please contact me or have your 

staff contact Raquel Snyder, in the Office of Congressional and Intergovernmental Relations, at (202) 564-9586 . 

Sincerely, 

Mathy Stanislaus 

Assistant Administrator 
J~~~ED STqr~s 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

Q WASHINGTON, D.C. 20460 

~F ~o 

~rq4 PFIoSE~'~ 

JAN -7 2011 

The Honorable Sue Myrick 

U.S . House of Representatives 

Washington, D.C. 20515 

OFFICE OF 

SOLID WASTE AND 

EMERGENCY RESPONSE 

Dear Congresswoman Myrick: 

Thank you for your letter of December 7, 2010, to U.S. Environmental Protection 

Agency (EPA) Administrator Lisa P. Jackson, regarding EPA's proposed rule, "Identification of 

Non-Hazardous Secondary Materials that are Solid Waste ." In your letter, you express concerns 

that the rule may seriously impact the current used oil management system and could have 

unintended negative consequences. I appreciate your interest in these important issues, and want 

to assure you that EPA shares your interests in continuing the legitimate recycling of used oil . 

Used oil is one of many non-hazardous materials discussed in the proposed rule . The 

preamble to the proposed rule specifically discussed used oil that meets on-specification criteria 

under the 40 CFR Part 279 management standards, as well as the management standards for offspecification used oil that does not meet those standards. Under the proposal, on-specification 

used oil is considered to be a traditional fuel . Traditional fuels, in the proposal, are considered 

those fuels that have been historically managed as valuable fuel products rather than being 

managed as waste materials, and are not considered to be solid wastes under the proposed rule . 

Thus, on-specification used oil would not be considered a solid waste when burned as a fuel 

under the proposed rule and would be subject to the section 112 Clean Air Act (CAA) standards. 

Off-specification used oil is considered a solid waste under the proposed rule, and 

combustion units burning off-specification used oil would be subject to the appropriate standards 

under section 129 of the CAA for solid waste incinerators . This proposed approach would 

provide an additional measure of control to address the higher level of contaminants that could 

be present in off-specification used oil. The proposed rule also indicated that off-specification 

used oil that is processed into on-specification used oil would not be considered a solid waste . 

The definition of processing includes the blending of off-specification used oil with virgin fuel 

products or on-specification used oil. 

The Resource Conservation and Recovery Act (RCRA) and the regulations that have 

been promulgated in 40 CFR Part 279 ensure that used oil that is recycled is done so in a manner 

that protects human health and the environment. Your letter also states that small businesses will 

be unwilling to incur the cost of testing oil. However, the proposed rule does not require testing 

for generators of used oil, nor does the used oil management standards promulgated under 40 

CFR Part 279 require such testing . Rather, generators of used oil, including those that collect 

used oil for do-it-yourself oil changers, can use other information, such as existing data or 

process knowledge, to determine whether or not the used oil they generate would be considered 

on-specification or off-specification . 

Internet Address (URL) 0 http ://www.epa .gov 

Recycled/Recyclable * Printed with Vegetable Oil Based Inks on 100% Postconsumer, Process Chlorine Free Recycled Paper 
Again, thank you for your letter . We are continuing to evaluate all of the comments we 

received on the proposed rule . If you have further questions, please contact me or have your 

staff contact Raquel Snyder, in the Office of Congressional and Intergovernmental Relations, at (202) 564-9586. 

Sincerely, 

2"--U-U ~~ 

Mathy Stanislaus 

Assistant Administrator 
jED STq,,s 

' A yZ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

0 

w 

Z~~~O? Q WASHINGTON, D.C . 20460 

~r41 PROSEG~ 

The Honorable Bill Shuster 

U.S . House of Representatives 

Washington, D.C . 20515 

Dear Congressman Shuster: 

JAN ® p 2011 

OFFICE OF 

SOLID WASTE AND 

EMERGENCY RESPONSE 

Thank you for your letter of December 7, 2010, to U.S . Environmental Protection 

Agency (EPA) Administrator Lisa P. Jackson, regarding EPA's proposed rule, "Identification of 

Non-Hazardous Secondary Materials that are Solid Waste." In your letter, you express concerns 

that the rule may seriously impact the current used oil management system and could have 

unintended negative consequences. I appreciate your interest in these important issues, and want 

to assure you that EPA shares your interests in continuing the legitimate recycling of used oil . 

Used oil is one of many non-hazardous materials discussed in the proposed rule . The 

preamble to the proposed rule specifically discussed used oil that meets on-specification criteria 

under the 40 CFR Part 279 management standards, as well as the management standards for offspecification used oil that does not meet those standards. Under the proposal, on-specification 

used oil is considered to be a traditional fuel . Traditional fuels, in the proposal, are considered 

those fuels that have been historically managed as valuable fuel products rather than being 

managed as waste materials, and are not considered to be solid wastes under the proposed rule . 

Thus, on-specification used oil would not be considered a solid waste when burned as a fuel 

under the proposed rule and would be subject to the section 112 Clean Air Act (CAA) standards. 

Off-specification used oil is considered a solid waste under the proposed rule, and 

combustion units burning off-specification used oil would be subject to the appropriate standards 

under section 129 of the CAA for solid waste incinerators . This proposed approach would 

provide an additional measure of control to address the higher level of contaminants that could 

be present in off-specification used oil. The proposed rule also indicated that off-specification 

used oil that is processed into on-specification used oil would not be considered a solid waste. 

The definition of processing includes the blending of off-specification used oil with virgin fuel 

products or on-specification used oil. 

The Resource Conservation and Recovery Act (RCRA) and the regulations that have 

been promulgated in 40 CFR Part 279 ensure that used oil that is recycled is done so in a manner 

that protects human health and the environment. Your letter also states that small businesses will 

be unwilling to incur the cost of testing oil. However, the proposed rule does not require testing 

for generators of used oil, nor does the used oil management standards promulgated under 40 

CFR Part 279 require such testing . Rather, generators of used oil, including those that collect 

used oil for do-it-yourself oil changers, can use other information, such as existing data or 

process knowledge, to determine whether or not the used oil they generate would be considered 

on-specification or off-specification . 

Internet Address (URL) 0 http ://www .epa .gov 

Recycled/Recyclable e Printed with Vegetable Oil Based Inks on 100% Postconsumer, Process Chlorine Free Recycled Paper 
Again, thank you for your letter. We are continuing to evaluate all of the comments we 

received on the proposed rule . If you have further questions, please contact me or have your 

staff contact Raquel Snyder, in the Office of Congressional and Intergovernmental Relations, at 

(202) 564-9586. 

Sincerely, 

&A'

~ ~ 

Mathy Stanislaus 

Assistant Administrator 
X S~ LLJ "W/ 1 0 

"it PRO-t'r-' 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON, D .C . 20460 

JAN - 7 2011 

The Honorable Thaddeus McCotter 

U.S . House of Representatives 

Washington, D.C . 20515 

Dear Congressman McCotter: 

OFFICE OF 

SOLID WASTE AND 

EMERGENCY RESPONSE 

Thank you for your letter of December 7, 2010, to U.S . Environmental Protection 

Agency (EPA) Administrator Lisa P. Jackson, regarding EPA's proposed rule, "Identification of 

Non-Hazardous Secondary Materials that are Solid Waste." In your letter, you express concerns 

that the rule may seriously impact the current used oil management system and could have 

unintended negative consequences . I appreciate your interest in these important issues, and want 

to assure you that EPA shares your interests in continuing the legitimate recycling of used oil. 

Used oil is one of many non-hazardous materials discussed in the proposed rule . The 

preamble to the proposed rule specifically discussed used oil that meets on-specification criteria 

under the 40 CFR Part 279 management standards, as well as the management standards for offspecification used oil that does not meet those standards. Under the proposal, on-specification 

used oil is considered to be a traditional fuel . Traditional fuels, in the proposal, are considered 

those fuels that have been historically managed as valuable fuel products rather than being 

managed as waste materials, and are not considered to be solid wastes under the proposed rule . 

Thus, on-specification used oil would not be considered a solid waste when burned as a fuel 

under the proposed rule and would be subject to the section 112 Clean Air Act (CAA) standards. 

Off-specification used oil is considered a solid waste under the proposed rule, and 

combustion units burning off-specification used oil would be subject to the appropriate standards 

under section 129 of the CAA for solid waste incinerators . This proposed approach would 

provide an additional measure of control to address the higher level of contaminants that could 

be present in off-specification used oil. The proposed rule also indicated that off-specification 

used oil that is processed into on-specification used oil would not be considered a solid waste. 

The definition of processing includes the blending of off-specification used oil with virgin fuel 

products or on-specification used oil. 

The Resource Conservation and Recovery Act (RCRA) and the regulations that have 

been promulgated in 40 CFR Part 279 ensure that used oil that is recycled is done so in a manner 

that protects human health and the environment. Your letter also states that small businesses will 

be unwilling to incur the cost of testing oil. However, the proposed rule does not require testing 

for generators of used oil, nor does the used oil management standards promulgated under 40 

CFR Part 279 require such testing. Rather, generators of used oil, including those that collect 

used oil for do-it-yourself oil changers, can use other information, such as existing data or 

process knowledge, to determine whether or not the used oil they generate would be considered 

on-specification or off-specification . 

Internet Address (URL) * http ://www .epa .gov 

Recycled/Recyclable * Printed with Vegetable Oil Based Inks on 100% Postconsumer, Process Chlorine Free Recycled Paper 
Again, thank you for your letter . We are continuing to evaluate all of the comments we 

received on the proposed rule . If you have further questions, please contact me or have your 

staff contact Raquel Snyder, in the Office of Congressional and Intergovernmental Relations, at 

(202) 564-9586. 

Sincerely, 

Mathy Stanislaus 

Assistant Administrator 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON, D.C. 20460 

JAN - 7 2011 

The Honorable Timothy J. Ryan 

U.S . House of Representatives 

Washington, D.C. 20515 

Dear Congressman Ryan : 

OFFICE OF 

SOLID WASTE AND 

EMERGENCY RESPONSE 

Thank you for your letter of December 7, 2010, to U.S . Environmental Protection 

Agency (EPA) Administrator Lisa P. Jackson, regarding EPA's proposed rule, "Identification of 

Non-Hazardous Secondary Materials that are Solid Waste." In your letter, you express concerns 

that the rule may seriously impact the current used oil management system and could have 

unintended negative consequences. I appreciate your interest in these important issues, and want 

to assure you that EPA shares your interests in continuing the legitimate recycling of used oil. 

Used oil is one of many non-hazardous materials discussed in the proposed rule . The 

preamble to the proposed rule specifically discussed used oil that meets on-specification criteria 

under the 40 CFR Part 279 management standards, as well as the management standards for offspecification used oil that does not meet those standards. Under the proposal, on-specification 

used oil is considered to be a traditional fuel . Traditional fuels, in the proposal, are considered 

those fuels that have been historically managed as valuable fuel products rather than being 

managed as waste materials, and are not considered to be solid wastes under the proposed rule . 

Thus, on-specification used oil would not be considered a solid waste when burned as a fuel 

under the proposed rule and would be subject to the section 112 Clean Air Act (CAA) standards. 

Off-specification used oil is considered a solid waste under the proposed rule, and 

combustion units burning off-specification used oil would be subject to the appropriate standards 

under section 129 of the CAA for solid waste incinerators . This proposed approach would 

provide an additional measure of control to address the higher level of contaminants that could 

be present in off-specification used oil . The proposed rule also indicated that off-specification 

used oil that is processed into on-specification used oil would not be considered a solid waste. 

The definition of processing includes the blending of off-specification used oil with virgin fuel 

products or on-specification used oil. 

The Resource Conservation and Recovery Act (RCRA) and the regulations that have 

been promulgated in 40 CFR Part 279 ensure that used oil that is recycled is done so in a manner 

that protects human health and the environment. Your letter also states that small businesses will 

be unwilling to incur the cost of testing oil. However, the proposed rule does not require testing 

for generators of used oil, nor does the used oil management standards promulgated under 40 

CFR Part 2,79 require such testing. Rather, generators of used oil, including those that collect 

used oil for do-it-yourself oil changers, can use other information, such as existing data or 

process knowledge, to determine whether or not the used oil they generate would be considered 

on-specification or off-specification . 

Internet Address (URL) 0 http ://www .epa .gov 

Recycled/Recyclable e Printed with Vegetable Oil Based Inks on 100% Postconsumer, Process Chlorine Free Recycled Paper 
Again, thank you for your letter . We are continuing to evaluate all of the comments we 

received on the proposed rule . If you have further questions, please contact me or have your 

staff contact Raquel Snyder, in the Office of Congressional and Intergovernmental Relations, at (202) 564-9586 . 

Sincerely, 

~s~~a~ ~w 

Mathy Stanislaus 

Assistant Administrator