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pertaining to used oil management activities at BSNF facilities. BNSF recognizes that additional details to support the variance application will be derived from the proposed sampling and analysis of representative used oil samples to be collected from a wide-range of BNSF facilities. The suggested Department findings presented below represent preliminary support for the variance application and may be supplemented by additional laboratory analyses that will be forthcoming. In considering the variance application, the Department would make one or more of the following findings: • The hazardous waste, the amount of hazardous waste, or the hazardous waste management activity unit is insignificant or unimportant as a potential hazard to human health and safety or to the environment, when managed in accordance with the conditions, limitations, and other requirements specified in the variance. Affirmative Response: Laboratory analysis and testing performed by BNSF demonstrates that its used oil does not exhibit any of the hazardous characteristics (e.g., reactivity, corrosivity, ignitability or toxicity). Consequently, potential hazards to human health and safety or the environment are essentially equivalent to the hazards associated with virgin lubricating oils. • The requirements, from which a variance is granted, are insignificant or unimportant in preventing or minimizing a potential hazard to human health and safety or the environment. Affirmative Response: The proposed variance would essentially modify the regulatory and administrative requirements associated with the management of used oil as a hazardous waste. With the exception of relaxing some of the requirements relative to general waste classification and record- keeping, the handling, storage, management, transportation and recycling of used oil would otherwise be consistent with the measures that are currently employed. The hazardous waste subject to the variance request does not contain constituents that are significantly different than the primary components of unused, virgin oil. With the exception of trace concentrations of metals, the used oil generated from BNSF operations is not mixed with hazardous waste and does not otherwise contain additional constituents that would increase the threat to human health or the environment as compared to virgin oil. • The handling, processing, or disposal of the hazardous waste, or the hazardous waste management activity is regulated by another governmental agency in a manner that ensures it will not pose a substantial present or potential hazard to human health and safety and the environment. Affirmative Response: While transport and recycling of used oil would occur under a non-hazardous waste manifest or bill-of-lading, used oil will be transported only by licensed hazardous waste haulers to recycling facilities that are authorized to accept the used oil for recycling. Consequently, the transportation and recycling activities would be entirely consistent with those that are already utilized by BNSF for its used oil. In addition, other regulatory requirements, including but not necessarily limited those described in the Federal Oil Pollution Act (OPA), California Above-Ground Petroleum Storage Act (APSA) (H&SC Section 25270), and Spill Prevention Control and Countermeasure requirements (40 CFR 112) will continue to apply to the BNSF facilities. • The requirement imposed by another public agency provides protection of human health and safety or the environment equivalent to the protection provided by the requirement from which the variance is being granted. Affirmative Response: The BNSF facilities Hazardous Waste Variance Application 7 July 29, 2014 BNSF Railway TRC Project No. 211983